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Illinois Compiled Statutes

720 ILCS 5/37-1 (2026)

Maintaining Public Nuisance

✓ current as of May 2026
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(720 ILCS 5/37-1) (from Ch. 38, par. 37-1)
    Sec. 37-1. Maintaining Public Nuisance. Any building used in the commission of offenses prohibited by Sections 9-1, 10-1, 10-2, 11-14, 11-15, 11-16, 11-17, 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 12-5.1, 16-1, 20-2, 23-1, 23-1(a)(1), 24-1(a)(7), 24-3, 28-1, 28-3, 31-5 or 39A-1, or subdivision (a)(1), (a)(2)(A), or (a)(2)(B) of Section 11-14.3, of this Code, or prohibited by the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act, or used in the commission of an inchoate offense relative to any of the aforesaid principal offenses, or any real property erected, established, maintained, owned, leased, or used by a streetgang for the purpose of conducting streetgang related activity as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act is a public nuisance.
    (b) Sentence. A person convicted of knowingly maintaining such a public nuisance commits a Class A misdemeanor. Each subsequent offense under this Section is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

    
Notes of Decisions
Cited in 3 cases, 2004–2008 · leading case: City of Chicago v. Beretta U.S.A. Corp., 821 N.E.2d 1099 (Ill. 2004).
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City of Chicago v. Beretta U.S.A. Corp., 821 N.E.2d 1099 (Ill. 2004). “, 510 ILCS 5/15(c) (West 2002) (permitting a dangerous dog or other animal from leaving the premises of the owner without a leash or other method of control); 515 ILCS 5/1-215 (West 2002) (use of illegal fishing device); 605 ILCS 5/9-108 (West 2002) (planting of willow trees or…”
Boom Town Saloon, Inc. v. City of Chicago, 892 N.E.2d 1112 (Ill. App. Ct. 2008). “I find that on March 4, 2004, the licensee, by and through its agent, maintained a public nuisance on the licensed premises in violation [of] 720 ILCS 5/37-1, *1117 in that the premises were used for the commission of the violation of 720 ILCS 5/28-3, to wit: keeping of a…”
Boom Town Saloon, Inc. v. City of Chicago (Ill. App. Ct. 2008). “I find that on March 4, 2004, the licensee, by and through its agent, maintained a public nuisance on the licensed premises in violation [of] 720 ILCS 5/37-1, in that the premises were used for the commission of the violation of 720 ILCS 5/28-3, to wit: keeping of a gambling…”
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