2023 Illinois Compiled Statutes › Chapter 615 - WATERWAYS › 615 ILCS 20/ - Navigable Waters Obstruction Act.

(615 ILCS 20/1) (from Ch. 19, par. 47a)
Sec. 1. 
		
		It is unlawful to tie up or anchor vessels or other water craft in
public or navigable waters of the State of Illinois in such a manner as to
prevent or obstruct in any manner, between the shore lines thereof, the
passage of any vessels or craft; or to voluntarily or carelessly sink, or
permit or cause to be sunk, vessels or other water craft in such waters; or
to float loose timber and logs, or to float what is known as sack rafts of
timber and logs in streams or channels actually navigated by commercial
craft in such manner as to obstruct, impede, or endanger navigation.
Whenever a vessel, raft, or other water craft is wrecked and sunk in any
such waters, accidentally or otherwise, it is the duty of the owner of such
sunken craft to immediately mark it with a buoy or beacon during the day
and a lighted lantern at night, and to maintain such marks until the sunken
craft is removed or abandoned, and the neglect or failure of the said owner
so to do is unlawful. It is the duty of the owner of any such sunken craft
to commence the immediate removal of the same, and prosecute such removal
diligently. Failure of an owner to so remove any such sunken craft, shall
be considered as an abandonment of such craft, and subject the same to
removal by the state as hereinafter provided.
(Source: Laws 1939, p. 515.)
(615 ILCS 20/1.1) (from Ch. 19, par. 47a.1)
Sec. 1.1. 
		Short title. 
		This Act may be cited as the
Navigable Waters Obstruction Act.
(Source: P.A. 86-1324.)
(615 ILCS 20/2) (from Ch. 19, par. 47b)
Sec. 2. 
		
		Any master, pilot or engineer, or any person acting in the capacity
of a master, pilot or engineer, who wilfully obstructs any waterway in any
manner set forth in this Act, shall be deemed guilty of a violation
thereof, and shall upon conviction be punished as provided in Section 5
hereof.
(Source: Laws 1939, p. 515.)
(615 ILCS 20/3) (from Ch. 19, par. 47c)
Sec. 3. 
		
		Whenever the public use of any river, lake, harbor, sound, bay,
canal, or other public or navigable waters of this state is obstructed or
endangered by any sunken vessel, boat, water craft, raft, or other similar
obstruction, and such obstruction has existed for a longer period than
thirty (30) days, the sunken vessel, boat, water craft, raft, or other
obstruction shall be subject to be broken up, removed, sold or otherwise
disposed of by the Department of Natural Resources, in its discretion, without
liability for any damage to the owners of the same: provided, the said
Department shall first give a thirty-day notice in writing, by United
States registered mail, to the owner thereof, if known, or if unknown, by
publication addressed "To whom it may concern," in a newspaper of general
circulation published in the county in which the obstruction is located, or
if the obstruction is located in two or more counties, in any one of such
counties, requesting the removal thereof.
The Department of Natural Resources may, in its discretion, at or after the
time of giving any such notice advertise in one or more newspapers of
general circulation published in this State, at least ten (10) days before
the bids are to be opened, for sealed bids for the removal of such
obstruction as soon as possible after the expiration of the thirty-day
period for notice specified in the preceding paragraph, in case it has not
in the meantime been so removed. Any such proposal for bids may be
conditioned that such vessels, boat, water craft, raft or other obstruction
and all cargo and property contained therein, shall become the property of
the contractor and the contract shall be awarded to the bidder making the
proposition most advantageous to the state. Any such bidder shall give
satisfactory security for the execution of his contract. Any money received
from the sale of any such wreck, or from any contractor for the removal of
such wreck, under the provisions of this section, shall be paid over to the
State Treasurer. If the proceeds of any such sale are not sufficient in
amount to reimburse the State for such expense, the State of Illinois,
acting by and through its Department of Natural Resources, may, by civil
action, obtain judgment against the owners of such craft, cargo, or both
for the difference between the proceeds of such sale and the actual expense
incurred by the State of Illinois, acting by and through its Department of
Natural Resources, in connection with such removal.
(Source: P.A. 89-445, eff. 2-7-96.)
(615 ILCS 20/4) (from Ch. 19, par. 47d)
Sec. 4. 
		
		If any vessel, boat, water craft, or raft, or other similar
obstruction, is sinking or grounding, or being unnecessarily delayed in any
public or navigable waters mentioned in this Act, in such a manner as to stop,
seriously interfere with, or specially endanger navigation, in the opinion of
the  Director of Natural Resources, or any duly authorized agent of the
Department, the Department, or any such agent, shall have the right to take
immediate possession of such boat, vessel, or other water craft, or raft, so
far as to remove or to destroy it and to clear immediately such public or
navigable waters of the obstruction thereby caused, using his best judgment to
prevent any unnecessary injury.  It is unlawful for anyone to
prevent such
removal or destruction.  The Department or agent thereof charged with the
removal or destruction of
an obstruction under this Section may, in his discretion, give notice in
writing to the owners of any such obstruction requiring them to remove it.
The expense of removing any such obstruction as aforesaid shall be a charge
against such craft and cargo and if the owners thereof fail or refuse to
reimburse the State for such expense within 30 days after
notification, then the officer or agent aforesaid may sell the craft or
cargo, or any part thereof that may not have been destroyed in removal, at
public auction, and the proceeds of such sale shall be deposited with the
State Treasurer. If the proceeds of any such sale is not sufficient in
amount to reimburse the State for such expense, the State of Illinois,
acting by and through its Department of Natural Resources, may, by civil
action, obtain judgment against the owners of such craft, cargo, or both
for the difference between the proceeds of such sale and the actual expense
incurred by the State of Illinois, acting by and through its Department of
Natural Resources, in connection with such removal.
(Source: P.A. 91-357, eff. 7-29-99.)
(615 ILCS 20/5) (from Ch. 19, par. 47e)
Sec. 5. 
		
		
		Any person, firm or corporation, violating any of the provisions of this
Act is guilty of a Class A misdemeanor.
Any boat, vessel, scow, raft, or other craft used or employed in
violating any of the provisions of this Act shall be liable for the
pecuniary penalties specified in this section.
(Source: P.A. 77-2328.)