Illinois Compiled Statutes
Chapter 740 - CIVIL LIABILITIES
740 ILCS 105/ - Lewdness Public Nuisance Act.

(740 ILCS 105/0.01) (from Ch. 100 1/2, par. 0.01)
Sec. 0.01.
Short title.
This Act may be cited as the
Lewdness Public Nuisance Act.

(Source: P.A. 86-1324.)
 
(740 ILCS 105/1) (from Ch. 100 1/2, par. 1)
Sec. 1.

All buildings and apartments, and all
places, and the fixtures and movable contents thereof, used for purposes of
lewdness, assignation, or prostitution, are hereby declared to be public
nuisances, and may be abated as hereinafter provided. The owners, agents,
and occupants of any such building or apartment, or of any such place shall
be deemed guilty of maintaining a public nuisance, and may be enjoined as
hereinafter provided.

(Source: Laws 1915, p. 371.)
 
(740 ILCS 105/2) (from Ch. 100 1/2, par. 2)
Sec. 2.

The State's Attorney or any citizen of the county in which such a
nuisance exists, may file a complaint, in the name of the People of the
State of Illinois, perpetually to enjoin all persons from maintaining or
permitting such nuisance, and to abate the same, and to enjoin the use of
such building or apartment, or such place for any purpose, for a period of
one year. Upon the filing of a verified complaint therefor,
in the circuit court,
the court, if satisfied that the nuisance
complained of exists, shall enter a preliminary injunction, with bond
unless the complaint is filed by the State's Attorney,
in such amount as the
court may determine, enjoining the defendant from maintaining any such
nuisance within the jurisdiction of the court ordering the injunctive
relief.
No such injunction may be entered, however, except on behalf
of an owner or agent,
unless it is made to appear to the satisfaction of the court that (1) the owner
or agent of such building or apartment or of such place, knew or had been
personally served with a notice signed by the plaintiff;
(2) such notice has been served upon such owner or such agent of such
building or apartment or place at least 5 days prior thereto; (3) such
building or apartment or such place, specifically describing the same, was
being so used, naming the date or dates of its being so used; and (4) such
owner or agent had failed to abate such nuisance, or that upon diligent
inquiry such owner or agent could not be found within the United States for
the service of such preliminary notice. The lessee, if any, of the building
or apartment, or of the place shall be made a party defendant to such
complaint.

(Source: P.A. 83-346.)
 
(740 ILCS 105/3) (from Ch. 100 1/2, par. 3)
Sec. 3.

The defendant shall be held to answer the allegations of the
complaint as in other civil proceedings. At all hearings upon the merits,
evidence of the general reputation of such building or apartment or of such
place, of the inmates thereof, and of those resorting thereto, shall be
admissible for the purpose of proving the existence of such nuisance. If
the complaint is filed upon the relation of a citizen, the proceeding shall
not be dismissed for want of prosecution, nor upon motion of such relator,
unless there is filed with such motion a sworn statement made by such
relator and his attorney, setting forth the reasons therefor, and unless
such dismissal is approved by the State's Attorney in writing or in open
court. If the court is of the opinion that such proceeding ought not to be
dismissed it may overrule such motion and may enter an order directing the
State's Attorney to prosecute such cause to final determination. The cause
shall be heard immediately upon issue being joined, and if the hearing is
continued, the court may permit any citizen of the county consenting
thereto to be substituted for the original relator. If any such complaint
is filed upon the relation of a citizen, and the court finds that there was
no reasonable ground or cause for filing the same, the costs may be taxed
against such relator.

(Source: Laws 1965, p. 3635.)
 
(740 ILCS 105/4) (from Ch. 100 1/2, par. 4)
Sec. 4.

The plaintiff at any time before, but not later than 10 days
after, the filing of the answer, unless further time be granted by the
court, may file interrogatories in writing concerning matters material to
the allegations of the complaint or respecting the ownership of the
property upon which it is claimed the nuisance is maintained. A full answer
to each interrogatory under the oath of the defendant shall be filed with
the clerk within 10 days after a copy of the interrogatories has been
served upon him or her or his or her attorney-at-law.
For a failure to so answer
interrogatories the court may strike the answer to the complaint from the
files and enter an order of default and final judgment, and a rule to answer
interrogatories may be entered and the court may punish a defendant for
contempt of court for a refusal to obey such rule. No person shall be
excused from answering interrogatories under oath on the ground that an
answer may tend to incriminate him or her or subject him or her
to a penalty or forfeiture.
The answer may be used as evidence against, but not for, the defendant;
it shall not be used against the defendant in any criminal proceeding
nor shall he or she be
prosecuted or subjected to a penalty or forfeiture for or on account of any
transaction, matter or thing disclosed by him or her in such answer responsive to
the interrogatories.

(Source: P.A. 83-345.)
 
(740 ILCS 105/5) (from Ch. 100 1/2, par. 5)
Sec. 5.

If the existence of the nuisance is established, the court shall
enter a judgment perpetually restraining all persons from maintaining or
permitting such nuisance, and from using the building or apartment, or the
place in which it is maintained for any purpose for a period of one
year thereafter, unless such judgment is sooner vacated, as
provided in this Act, and perpetually restraining the defendant from maintaining any
such nuisance within the jurisdiction of the court. While the judgment
remains in effect, such building or apartment, or such place shall be in
the custody of the court. An order of abatement shall also be entered as a part
of such judgment, which order shall direct the sheriff of the county to
remove from such building or apartment, or such place all fixtures and
movable property used in conducting or aiding or abetting such nuisance,
and to sell the same in the manner provided by law for the sale of chattels
in the enforcement of a judgment, and to close such
building or apartment or such place
against its use for any purpose, and to keep it closed for a period of one
year unless sooner released as hereinafter provided. The sheriff's fees for
removing and selling the movable property shall be taxed as a part of the
costs, and shall be the same as those for levying upon and selling like
property in the enforcement of a judgment. For
closing the building and keeping it closed
the court shall allow a reasonable fee to be taxed as part of the costs.
No injunction may
be entered against an owner, nor may an
order be entered requiring that any building or apartment, or any place be
closed or kept closed, if it appears that such owner and his agent have in
good faith endeavored to prevent such nuisance. Nothing in this Act authorizes
any relief respecting any other apartment than
that in which such a nuisance exists.

(Source: P.A. 84-546.)
 
(740 ILCS 105/6) (from Ch. 100 1/2, par. 6)
Sec. 6.

The proceeds of the sale of the movable property shall be applied
in payment of the costs of the proceeding and of the abatement, and the
balance, if any, shall be paid to the defendant or other person having an
interest in said property.

(Source: Laws 1915, p. 371.)
 
(740 ILCS 105/7) (from Ch. 100 1/2, par. 7)
Sec. 7.

In case of the violation of any injunction or order of abatement
issued under the provisions of this act, the court may summarily try and
punish the offender for his contempt of court. The hearing may be had upon
affidavits, or either party may demand the production and oral examination
of witnesses.

(Source: Laws 1965, p. 3635.)
 
(740 ILCS 105/8) (from Ch. 100 1/2, par. 8)
Sec. 8.

If the owner of such building or apartment, or such place appears
and pays all costs which may have been assessed, and files a
bond with sureties to be approved by the clerk, in the penal sum of not
less than $1,000 nor more than $5,000,
conditioned that such owner will immediately abate such nuisance and
prevent such a nuisance from being established or maintained therein within
a period of one year thereafter, the court shall vacate its judgment,
so far as the same may relate to such building or
apartment, or such place, and shall also vacate the order directing the
sale of the movable property. This release shall not
release such property from any judgment, lien, penalty, or liability to
which it may be otherwise subject by law.

(Source: P.A. 79-1366.)
 
(740 ILCS 105/9) (from Ch. 100 1/2, par. 9)
Sec. 9.

Whenever a fine or costs shall be assessed under the provisions of
this act against the owner of any property herein declared to be a public
nuisance, such fine or costs shall constitute a lien upon such property to
the extent of the interest of such owner, and an order of execution shall
issue thereon.

(Source: Laws 1915, p. 371.)
 
(740 ILCS 105/10) (from Ch. 100 1/2, par. 10)
Sec. 10.

If any lessee or occupant shall use leased premises for the
purpose of lewdness, assignation or prostitution, or shall permit them to
be used for any of such purposes, the lease or contract for letting such
premises shall, at the option of the lessor, become void, and the owner may
have the like remedy to recover possession thereof as against a tenant
holding over after the expiration of his term.

(Source: Laws 1915, p. 371.)
 
(740 ILCS 105/11) (from Ch. 100 1/2, par. 11)
Sec. 11.

If any clause, sentence, paragraph, or part of this Act is
adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair, or invalidate the
remainder of this Act, but shall be confined in its operation to the
clause, sentence, paragraph, or part thereof directly involved in the
controversy in which such judgment has been rendered.

(Source: P.A. 79-1366.)

Structure Illinois Compiled Statutes