Illinois Compiled Statutes
720 ILCS 5/37-4 (2026)
Abatement of nuisance
✓ current as of May 2026
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(720 ILCS 5/37-4)
(from Ch. 38, par. 37-4)
Sec. 37-4.
Abatement of nuisance.)
The Attorney General of this State or the State's Attorney of the county
wherein the nuisance exists may commence an action to abate a public nuisance
as described
in Section 37-1 of this Act, in the name of the People of the State of
Illinois, in
the circuit court. Upon being satisfied by
affidavits or other sworn evidence that an alleged public nuisance exists,
the court may without notice or bond enter a temporary restraining
order or preliminary injunction to enjoin
any defendant from maintaining such nuisance and may enter an order
restraining any defendant from removing or interfering with all property
used in connection with the public nuisance. If during the proceedings and
hearings upon the merits, which shall be in the manner of "An Act in
relation to places used for the purpose of using, keeping or selling
controlled substances or cannabis", approved July 5, 1957, the existence
of the nuisance is established, and it is found that such nuisance
was maintained with the intentional, knowing, reckless or negligent
permission of the owner or the agent of the owner managing the building,
the court shall enter an order restraining all persons from maintaining or
permitting such nuisance and from using the building for a period of one
year thereafter, except that an owner, lessee or other occupant thereof may
use such place if the owner shall give bond with sufficient security or
surety approved by the court, in an amount between $1,000 and $5,000
inclusive, payable to the People of the State of Illinois, and including a
condition that no offense specified in Section 37-1 of this Act shall be
committed at, in or upon the property described and a condition that the
principal obligor and surety assume responsibility for any fine, costs or
damages resulting from such an offense thereafter.
(Source: P.A. 83-342.)
Notes of Decisions
Cited in 2
cases, 2007–2007 · leading case: People v. Howard, 865 N.E.2d 472 (Ill. App. Ct. 2007).
People v. Howard, 865 N.E.2d 472 (Ill. App. Ct. 2007). “, 720 ILCS 5/37-4 (West 2004) ("Upon being satisfied by affidavits or other sworn evidence that an alleged public nuisance exists, the court may with-out *480 notice or bond enter a temporary restraining order or preliminary injunction to enjoin any defendant from maintaining…”
People v. Howard (Ill. App. Ct. 2007). “, 720 ILCS 5/37-4 (West 2004) ("Upon being satisfied by affidavits or other sworn evidence that an alleged public nuisance exists, the court may without notice or bond enter a temporary restraining order or preliminary injunction to enjoin any defendant from maintaining such…”
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