A person convicted of disorderly conduct shall be fined not less than $5.00 nor more than $500.00 for each offense. (Prior code 193-1)
(a) Whenever a police officer observes a member of a criminal street gang engaged in gang loitering with one or more other persons in any public place designated for the enforcement of this section under subsection (b), the police officer shall, subject to all applicable procedures promulgated by the superintendent of police: (i) inform all such persons that they are engaged in gang loitering within an area in which loitering by groups containing criminal street gang members is prohibited; (ii) order all such persons to disperse and remove themselves from within sight and hearing of the place at which the order was issued; and (iii) inform those persons that they will be subject to arrest if they fail to obey the order promptly or engage in further gang loitering within sight or hearing of the place at which the order was issued during the next three hours.
(b) The superintendent of police shall by written directive designate areas of the City in which the superintendent has determined that enforcement of this section is necessary because gang loitering has enabled criminal street gangs to establish control over identifiable areas, to intimidate others from entering those areas, or to conceal illegal activities. Prior to making a determination under this subsection, the superintendent shall consult as he or she deems appropriate with persons who are knowledgeable about the effects of gang activity in areas in which the ordinance may be enforced. Such persons may include, but need not be limited to, members of the department of police with special training or experience related to criminal street gangs; other personnel of the department with particular knowledge of gang activities in the proposed designated area; elected and appointed officials of the area; community-based organizations; and participants in the Chicago Alternative Policing Strategy who are familiar with the area. The superintendent shall develop and implement procedures for the periodic review and update of designations made under this subsection.
(c) The superintendent shall by written directive promulgate procedures to prevent the enforcement of this section against persons who are engaged in collective advocacy activities that are protected by the Constitution of the United States or the State of Illinois.
(d) As used in this section:
(1) "Gang loitering" means remaining in any one place under circumstances that would warrant a reasonable person to believe that the purpose or effect of that behavior is to enable a criminal street gang to establish control over identifiable areas, to intimidate others from entering those areas, or to conceal illegal activities.
(2) "Criminal street gang" means any ongoing organization, association in fact or group of three or more persons, whether formal or informal, having as one of its substantial activities the commission of one or more of the criminal acts enumerated in paragraph (3), and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.
(3) "Criminal gang activity" means the commission, attempted commission, or solicitation of the following offenses, provided that the offenses are committed by two or more persons, or by an individual at the direction of, or in association with, any criminal street gang, with the specific intent to promote, further or assist in any criminal conduct by gang members.
The following sections of the Criminal Code of 1961: 9-1 (murder), 9-3.3 (drug-induced homicide), 10-1 (kidnapping), 10-4 (forcible detention), subsection (a)(13) of Section 12-2 (aggravated assault-discharging firearm), 12-4 (aggravated battery), 12-4.1 (heinous battery), 12-4.2 (aggravated battery with a firearm), 12-4.3 (aggravated battery of a child), 12-4.6 (aggravated battery of a senior citizen), 12-6 (intimidation), 12-6.1 (compelling organization membership of persons), 12-11 (home invasion), 12-14 (aggravated criminal sexual assault), 18-1 (robbery), 18-2 (armed robbery), 19-1 (burglary), 19-3 (residential burglary), 19-5 (criminal fortification of a residence or building), 20-1 (arson), 20-1.1 (aggravated arson), 20-2 (possession of explosives or explosive or incendiary devices), subsections (a)(6), (a)(7), (a)(9), or (a)(12) of Section 24-1 (unlawful use of weapons), 24-1.1 (unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities), 24-1.2 (aggravated discharge of a firearm), subsection (d) of Section 25-1 (mob action-violence), 33-1 (bribery), 33A-2 (armed violence); Sections 5, 5.7, 7 or 9 of the Cannabis Control Act where the offense is a felony (manufacture or delivery of cannabis, cannabis trafficking, calculated criminal cannabis conspiracy and related offenses),; or Section 401, 401.1, 405, 406.1, 407, or 407.1 of the Illinois Controlled Substances Act (illegal manufacture or delivery of a controlled substance, controlled substance trafficking, calculated criminal drug conspiracy and related offenses).
(4) "Pattern of criminal gang activity" means two or more acts of criminal gang activity of which at least two such acts were committed within five years of each other.
(5) "Public place" means the public way and any other location open to the public, whether publicly or privately owned.
(e) Any person who fails to obey promptly an order issued under subsection (a), or who engages in further gang loitering within sight or hearing of the place at which such an order was issued during the three hour period following the time the order was issued, is subject to a fine of not less that $100 and not more than $500 for each offense, or imprisonment for not more than six months for each offense, or both. A second subsequent offense shall be punishable by a mandatory minimum sentence of not less than five days imprisonment.
In addition to and instead of above penalties, any person who violates this section may be required to perform up to 120 hours of community service pursuant to Section 1-4-120 of this code.
8-4-017 Narcotics-Related Loitering.
(a) Whenever a police officer observes one or more persons engaged in narcotics-related loitering in any public place designated for the enforcement of this section under subsection (b), the police officer shall; (i) inform all such persons that they are engaged in loitering within an area in which such loitering is prohibited; (ii) order all such persons to disperse and remove themselves from within sight and hearing of the place at which the order was issued; and (iii) inform those persons that they will be subject to arrest if they fail to obey the order promptly or engage in further narcotics-related loitering within sight or hearing of the place at which the order was issued during the next three hours.
(b) The superintendent of police shall by written directive designate areas of the City in enforcement of this section is necessary because the areas are frequently associated with narcotics-related loitering. Prior to making a determination under this subsection, the superintendent shall consult as he or she deems appropriate with persons who are knowledgeable about the effects of narcotics-related activity in areas in which the ordinance may be enforced. Such persons may include, but need not be limited to, members of the department of police with special training or experience related to narcotics-related activity; other personnel of the department with particular knowledge of narcotics-related activities in the proposed designated area; elected and appointed officials of the area; community-based organizations; and participants in the Chicago Alternative Policing Strategy who are familiar with the area. The superintendent shall develop and implement procedures for the periodic review and update of designations made under this subsection.
(c) As used in this section:
(1) "Narcotics-related loitering" means remaining in any one place under circumstances that would warrant a reasonable person to believe that the purpose or effect of that behavior is to facilitate the distribution of substances in violation of the Cannabis Control Act or the Illinois Controlled Substances Act.
(2) "Public place" means the public way and any other location open to the public, whether publicly or privately owned.
(d) Any person who fails to obey promptly an order issued under subsection (a), or who engages in further gang loitering within sight or hearing of the place at which such an order was issued during the three hour period following the time the order was issued, is subject to a fine of not less that $100 and not more than $500 for each offense, or imprisonment for not more than six months for each offense, or both. A second subsequent offense shall be punishable by a mandatory minimum sentence of not less than five days imprisonment.
In addition to and instead of above penalties, any person who violates this section may be required to perform up to 120 hours of community service pursuant to Section 1-4-120 of this code.
8-4-020 Inciting riots, etc.
It is unlawful to create a clear and present danger of a riot or assault, battery, or other unlawful trespass against any person or group of persons because of his or her race, religion, color, national origin, or ancestry, or to create a clear and present danger of arson, vandalism, defacement, or other unlawful trespass against property because of the race, religion, color, national origin, or ancestry of the owner, possessor, or authorized user or users of said property, or in the case of cemetery, of the decedent buried therein.
The term "person" as used in this section shall include one or more individuals, co-partnerships, corporations, firms, organizations, associations, leagues, or other bodies. Any person violating the provisions of this section shall be fined not less than $25.00 nor more than $200.00 or imprisoned for not less than 10 days or more than six months, or both, for each offense. (Prior code 193-1.1)
8-4-030 Drinking in public ways.
(a) It shall be unlawful for any person to drink any alcoholic liquor as defined by law on any public way in the city. This section shall not apply to portions of the public way occupied by a sidewalk cafe licensed pursuant to Chapter 4-48 of the municipal code which is properly licensed to sell alcoholic liquor.
(b) It shall be unlawful for any person to transport, carry, possess or have any alcoholic liquor in or upon or about any motor vehicle upon any public way in the city except in the original package and with the seal unbroken.
(c) Any person violating any provision of this section shall be fined not less than $50.00 nor more than $200.00, or shall be punished by imprisonment for a period of six months, or by both such fine and imprisonment. (Prior code 193-1.2; Amend. Coun. J. 4-18-85,p. 15204)
8-4-040 Defacing and injuring house of worship and cemeteries.
Any person who willfully defaces, mars, injures, destroys or removes any vault, tomb, monument, gravestone, memorial of the dead, church, synagogue, or any other structure constituting a place of worship of any religion, sect or group, or any part of any contents thereof, or any fence, tree, shrub or plant appurtenant thereto, shall be fined not less than $100.00 nor more than $500.00, or imprisoned for not more than six months, or both such fine and imprisonment, for each offense. Each such act of marring, injuring, destroying or removal shall constitute a separate offense. (Prior code 193-1.3)
8-4-050 Trespassing.
A person commits trespass when he knowingly:
(a) Enters the property, or any part thereof, of another when, immediately prior to such entry, he receives notice, either oral or written, from the owner or occupant that such entry is forbidden; or
(b) Remains upon the property, or any part thereof, of another after receiving notice, either oral or written, from the owner or occupant to depart; or
(c) Enters upon property open to the public, or any part thereof, and remains thereon with a malicious and mischievous intent after receiving notice, either oral or written, from the owner or occupant to depart;
(d) Willfully defaces, mars, injures or destroys any building or part of any building or any property of another with paint, tar, acid, grease, oil, or other such substance which would detrimentally alter the outer face or substance of such building or any property of another, or any fence, tree, shrub or plant appurtenant thereto.
Any person convicted of trespass shall be fined not less than $100.00 nor more than $500.00. (Prior code 193-1.4)
8-4-052 Anti-loitering and/or trespassing program.
(a) The department of police shall implement and enforce a program designed to maintain peace and discourage trespassing and other illegal activity within the program area.
(b) The program area shall include only property adjacent to South and West Archer Avenue between West 47th Street and South Harlem Avenue and the property adjacent to West 63rd Street between South Harlem Avenue and South Austin Avenue within the 23rd Ward of the city of Chicago,
(c) Any person owning or controlling property in the program area on which there is situated a parking lot or open space upon which vehicle may be parked shall erect and maintain signs stating "No Loitering" and "No Trespassing". The signs shall be displayed in a manner that makes them clearly visible from the sidewalk or street. The department of police shall enforce such signs at all times,
(d) No person may park a motor vehicle on any private property within the program area, including any parking lot of a business establishment, without the express or implied consent of the person who owns or controls the property. The department of police shall maintain separate computer records of information concerning persons suspected of violating this subsection.
(e) Any person who violates this section shall be subject to a fine of not less than $100.00 and not more than $200.00 or a first offense, and not less than $100.00 and not more than $300.00 for each subsequent offense.
(f) This section is repealed January 1, 1995. (Added. Coun. J. 7-31-90,p. 19850; Amend. Coun. J. 4-22-93,p. 31524)
8-4-055 Sound emitting devices on public conveyances.
It is unlawful for any person to make use of any portable entertainment appliance, radio, used exclusively for entertainment, or musical instrument (and other sound-emitting devices), which are audible to others, in any streetcar, elevated train or subway and in any other public conveyance having a capacity of more than seven passengers operating within the city limits of the city of Chicago. Any person violating this section shall be fined not less than $50.00 nor more than $300.00 for each offense. (Prior code 193-1.11)
8-4-058 Electronic paging devices on school property.
It is unlawful for any person to use or have in his possession an electronic paging device while on school property. This section shall not apply to: (1) law enforcement, fire fighting or health care personnel; and (2) any person 18 years of age or older who is not a student at the school, who requires the device for a legal business, professional or medical purpose, an who is legally entitled to be on the school property. As used in this section, "school property" means any property on which there is a school building used primarily for teaching students under 18 years of age.
Any person found in violation of this section shall be fined not less than $500.00 nor more than $750.00. (Prior code 193-7-.12; Added. Coun. J. 12-14-88,p. 21617; Amend. 5-4-94,p. 49765)
8-4-059 Possession of scanners illegal.
(a) Whenever used in this section, the word "scanner" means a radio set or apparatus (1) capable of receiving, transmitting, or both receiving and transmitting radio messages or signals with the wavelength or channel now or hereafter assigned by the Federal Communications Commission or its successor for use by law enforcement agencies; or (2) that may intercept or interfere with the transmission or reception of radio messages or signals by the department of police.
(b) No person shall use a scanner in such a way as to interfere with messages transmitted or received by the department of police. No person shall use a scanner to aid or abet the performance of any act in violation or any law or ordinance. The use of a scanner to aid or abet any illegal act shall be an offense separate and distinct from such illegal act.
(c) Any person who violates this section shall be subject to a fine of not less than $200.00 and not more than $500.00. (Added. Coun. J. 7-14-03, p. 35538)
8-4-060 Vandalism defined.
A person commits vandalism when he engages in the willful or malicious destruction, injury, disfigurement, or defacement of any public or private property. This offense includes, but is not limited to, cutting, tearing, breaking, marking, drawing or painting when these actions are intended to or have the effect of causing damage to property.
Any person who violates the provisions of this section, upon conviction thereof, shall be punished by a fine of $500.00. In addition to such fine, any such offense may also be punished as a misdemeanor by incarceration in a penal institution other than a penitentiary or a term of up to 30 days or by a requirement to perform up to 1,500 hours of community service under the procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code, Illinois Revised Statutes Chapter 24, paragraph 1-2-1.1 (1985), as amended, and in the Illinois Code of Criminal Procedure, Illinois Revised Statutes Chapter 39, Paragraph 100-1 et seq. (1985), as amended, in a separate proceeding. All actions seeking the imposition of fines only shall be filed as quasi-criminal actions subject to the provisions of the Illinois Code of Civil Procedure, Illinois Revised Statutes Chapter 110, paragraph 101, et seq. (1985), as amended. (Prior code 193-1.5; Amend. Coun. J. 10-6-86,p. 34526; 5-16-90, p. 15806; 6-12-91,p. 1718; 5-19-93,p. 32392)
8-4-065 Interference with utility equipment.
(a) When used in this section, "utility equipment" means any of the following located in a public way: (1) any lid, grate, screen or cover that allows access to any sewer, drain, electrical vault, coal hole, water vault, gas vault, tunnel or other opening or structure in the public way, or that allows the flow of water from the public way into a drain or sewer; (2) any light pole, lamp post, telephone or telegraph pole, or post or pole supporting electrical transformers or lines for transmission of electricity or cable television signals. "Utility equipment" may be either private or publicly owned.
(b) No person shall:
(1) Intentionally and without authorization of the owner, remove utility equipment or damage or alter utility equipment so as to diminish its effectiveness.
(2) Without authorization of the actual owner, purchase, receive or possess illegally removed utility equipment. It is a defense to a prosecution under this subsection (b)(2) that the person charged with a violation did not know that the subject utility equipment was illegally removed;
(3) Assist any other person in any action prohibited in subsection (b)(1) or (b)(2) of this section.
(c) Any person who violates any provision of subsection (b) of this section shall, upon conviction, be punished by a fine of not less than $500.00. Any such offense may also be punished as a misdemeanor by incarceration in a penal institution other than a penitentiary for a term of up to 30 days or by a requirement to perform up to 1,000 hours of community service under the procedures set forth in Section1-2.1 of the Illinois Municipal Code, as amended, and in the Illinois Code of Criminal Procedure, as amended, in a separate proceeding. All actions seeking the imposition of fines only shall be filed as quasi-criminal actions subject to the provisions of the Illinois Code of Civil Procedure, as amended. (Added. Coun. J. 4-22-93,p. 31576)
8-4-070 Restitution--Financial responsibility.
In lieu of or in addition to a fine or incarceration or community service, any person found guilty of violating Section 8-4-060 or Section 8-4-065, or any parent or legal guardian of any unemancipated minor residing with such parent or legal guardian found guilty of such violation, may be required to submit full restitution to the victim or victims of such vandalism by monetary payment or property repairs.
In the case of an unemancipated minor accused of violating Section 8-4-060 or 8-4-065 and residing with a parent or legal guardian at the time of such violation, the department of police shall within three days notify such parent or legal guardian in writing, either by certified or registered mail, return receipt requested, that said minor has been accused of vandalism, and that said parent or legal guardian may be held financially responsible to any fines or restitution resulting from such vandalism. (Prior code 193-1.6; Amend. Coun. J. 5-16-90,p. 15806; 4-22-93,p. 31576)
8-4-080 Definitions--Assault defined--Mandatory sentence.
(1) Definitions. The following definitions are applicable strictly in the context of this ordinance:
(A) "Elderly" refers to any person sixty years of age or older.
(B) "Developmentally disabled" means as defined in Illinois Revised Statutes Chapter 91 1/2, Section 1-106.
(C) "Handicapped" means as defined in Illinois Revised Statutes Chapter 68, Section 1-103(1).
(D) "Battery" means as defined in Illinois Revised Statutes Chapter 38-12-3.
(2) There is hereby created the offense of assault against the elderly, developmentally disabled, or handicapped. A person commits assault against the elderly, developmentally disabled, or handicapped when he engages in conduct which places a person defined above in reasonable apprehension of receiving a battery. Upon conviction of this offense, a mandatory sentence of imprisonment shall be imposed, not to be less than 90 days nor more than 180 days. (Prior code 193-1.7; Added. Coun. J. 4-43-84,p. 6076)
8-4-085 Hate crimes.
(a) No person shall, by reason of any motive or intent relating to, or any antipathy, animosity or hostility based upon, the actual or perceived race, color, sex, religion, national origin, age, ancestry, sexual orientation or mental or physical disability of another individual or group of individuals:
(1) Commit assault as defined in Section 12-1 of the Illinois Criminal Code of 1961 (Illinois Revised Statutes Chapter 38. paragraph 12-1); or
(2) Deface, mar, injure, destroy or remove property in violation of Section 8-4-040 of this code; or
(3) Commit trespass as defined in Section 8-4-050 of this code; or
(4) Commit vandalism as defined in Section 8-4-060 of this code; or
(5) Disturb a place of worship in violation of Section 8-4-110 0f this code; or
(6) Engage in harassment by telephone as defined in Section 1-1 of "An Act to prohibit the use of a telephone and telegraph lines for the sending of certain messages" (Illinois Revised Statutes Chapter 134, paragraph 16-4.1)
(b) Any person who violates this section shall be subject to a fine of $500.00 or may be imprisoned for not more than six months, or may be subject to both such fine and imprisonment. In addition to such penalty, any person found guilty of violating this section may be ordered to pay restitution to the aggrieved party, and may be ordered to perform community service pursuant to Section 1-4-120 of this code.
(c) Notwithstanding any other provision of this section, any conduct in violation of this section that is punishable under state or federal law by a term of imprisonment in excess of six months shall not be prosecuted under this section.
(d) As used in section, "sexual orientation" means heterosexuality, homosexuality or bisexuality. (Added. Coun. J. 12-19-90,p. 27888)
8-4-090 Drug and Gang Houses, Houses of Prostitution and other Disorderly houses.
(Italicized words represent the language used to amend the ordinance on July 31, 1996 -- C.J. pg. # 27731)
(a) Any premises used for prostitution, illegal gambling, illegal drug trafficking, possession or delivery of or trafficking in controlled substances, or any other activity that constitutes a felony, misdemeanor, business offense or petty offense under federal, state or municipal law is hereby declared to be a public nuisance; provided that no public nuisance or vilation of this section shall be deemed to exist unless (i) the property is used for more than one such offense within any six month period, or (ii) the offense for which the property is used is punishable by imprisonment for one year or more.
(b) Any person who owns, manages, or controls any premises and who encourages or permits an illegal activity described in subsection (a) to occur or continue on such premises shall be subject to a fine of not less than $200.00 and not more than $500.00 for each offense. Each day that a violation of this subsection (b) continues shall be considered a separate and distinct offense. (Added. Coun. J. 12-9-92,p. 25986). A person may be found in violation of this section regardless of whether an order of abatement is issued under subsection (c) or whether a notice has been given under subsection (d). A fine in accordance with this subsection may be assessed in a court of competent jurisdiction or in the code enforcement bureau of the department of buildings.
(c) The building commissioner or other authorized representative of the city may bring an action to abate a public nuisance described by this section in a court of competent jurisdiction or in the code enforcement bureau of the department of buildings. An order of abatement shall be issued whenever a person who owns, manages or controls any premises encourages or permits any of the illegal activity described in subsection (a) on those premises. The order of abatement shall require the taking of reasonable measures designed to prevent the recurrence of the illegal activity. Those measures may include, but are not limited to, making improvements to real estate and installing lighting to enhance security, the hiring of security personnel, the hiring of a receiver, or the initiation and execution of eviction proceedings against tenants engaged in illegal activity. The order of abatement may also authorize the issuance of ex parte administrative search warrants reasonably calculated to determine whether the nuisance has been abated or whether the order of the court or hearing officer has been obeyed.
(d) Whenever the commissioner of buildings, the superintendent of police or other authorized representative of the city reasonably believes that any premises constitutes a public nuisance as described in this section, he or she may give written notice to the person who owns or controls the premises stating that a nuisance exists and identifying reasonable abatement measures that must be taken within 30 days of the notice. The notice shall be in writing and may be served in person or sent by certified mail, return receipt requested. The notice shall provide the recipient a reasonable opportunity to meet with a representative of the city to discuss allegations in the notice and the need for abatement measures. In any proceeding held according to this section, when the city establishes by a preponderance of the evidence that the prremises for which a notice has been sent is a nuisance as described in this section, the failure to implement the abatement measures identified in the notice or subsequently agreed to within the 30 day period following the notice, or within any other agreed upon period, shall create a presumption that the person who owns, manages or controls the premises has encouraged or permitted illegal activity in violation of subsection (b). The presumption may be rebutted only by a preponderance of the evidence.
(e) For purposes of this section, "premises" includes any parcel of property and the building or structure, if any, which is situated on the property, and any portion of the public way that abuts the parcel of property when it is used in conjunction with the abutting property for the commission of illegal activity.
8-4-100 Vagrancy.
All persons who are idle and dissolute, or who go about begging; all persons who use any shell game, sleight-of-hand or juggling trick, or other unlawful game to cheat, defraud, or unlawfully obtain money or other valuable thing; pilfers; confidence men; common drunkards; common night walkers; person lewd, wanton, or lascivious in speech or behavior; common brawlers; persons who are habitually neglectful of their employment or their calling, and do not lawfully provide for themselves or for the support of their families; and all persons who are idle or dissolute and who neglect all lawful business, and who habitually misspend their time by frequenting houses of ill-fame or gaming houses; all persons lodging in or found in the night-time in sheds, barns, or unoccupied buildings or lodging in the open air, and not giving a good account of themselves; and all persons who are known to be thieves, burglars, or pickpockets, either by their own confession or otherwise, or by having been convicted of larceny, burglary, or other crime against the laws of the state punishable by imprisonment in the state prison or in a house of correction of any city, and having no lawful means of support, are habitually found prowling around any steamboat landing, railroad depot, banking institution, broker's office, place of public amusement, auction room, store, shop, or crowded public way, public conveyance, or at any public gathering or assembly, or lounging about any court room, private dwelling houses, or are found in any house of ill-fame or gambling house, are hereby declared to be vagabonds, and shall be fined not to exceed $100.00 for each offense. (Prior code 193-3)
8-4-110 Disturbing places of worship.
Any person who shall disquiet or disturb any congregation or assembly met for religious worship by making a noise, or by rude and indecent behavior or profane discourse within the place of worship, or so near to the same as to disturb the order and solemnity of the meeting, shall be fined not exceeding $50.00 for each offense. (Prior code 193-4)
8-4-120 Damage to public property.
No person shall cut, injure, mark, or deface any public building, sewer, water pipe, hydrant, or other city property, or any tree, grass, shrub or walk in any public way or public park.
Any person violating any provision of this section shall be fined not less than $5.00 nor more than $50.00 for each offense. (Prior code 193-5)
8-4-130 Possession of paint or marker with intent to deface unlawful.
(a) It shall be unlawful for any person to possess a spray paint container, liquid paint or any marker containing a fluid which is not water soluble and has a point, brush, applicator or other writing surface of three-eighths of an inch or greater, on the property of another or in any public building or upon any public facility. It shall be a defense to an action for violation of this subsection that the owner, manager or other person having control of the property, building or facility consented to the presence of the paint or marker.
(b) It shall be unlawful for any person to possess a spray paint container, liquid paint or any marker containing a fluid which is not water soluble and has a point, brush, applicator or other writing surface of three-eighths of an inch or greater, or any etching equipment or etching materials, on the public way with intent to use the same to deface any building, structure or property.
(c) For purposes of this section, "etching equipment" and "etching materials" include any tool, device, equipment or substance that can be used to make permanent marks on metal, glass, plastic, concrete or stone.
(d) Any person who violates any provision of this section shall be subject to a fine of not less than $500.00 for each offense. (Prior code 193-5.1; Added. Coun. J. 2-11-87,p. 39504; Amend. 5-20-92,p. 17016; 2-10-93,p. 28505)
8-4-135 Defacement of commercial vehicle.
(a) It shall be unlawful for any person to own or operate a defaced commercial vehicle in the city of Chicago, subject to the exceptions provided in this section.
(b) Any person who owns or operates a defaced commercial vehicle in the city of Chicago, when such defacement is not placed upon such vehicle by the owner, lessee, or person lawfully in possession of the vehicle, or a person acting with the consent of the owner, lessee, or person lawfully in possession, shall be fined not less than $50.00 for each offense. Before any violation notice is issued for a violation of this section, two warnings shall be issued. The first warning shall consist of a notice affixed to the side of the vehicle or presented to the operator of the vehicle. The warning shall indicate that unless the defacement is removed, a fine will be imposed. If the defacement which served as a basis for the first warning is not removed within 30 days of the affixment of such warning, a second warning shall be affixed to the side of the vehicle or presented to the operator of the vehicle.
For purposes of this section, "commercial vehicle" shall refer to a motor vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise and includes, but is not limited to, tow trucks, semi-trailers and trailers; "defacement" or defaced shall refer to any marking or drawing on a commercial vehicle but does not refer to: (1) Any sign, marking, drawing or communication relating to the business that owns or operates the vehicle which is placed on the vehicle with the consent of the person or commercial or industrial enterprise that owns or operates the vehicle; (2) Any marking that was placed upon the vehicle in the manufacturing process or as part of any repair or re-painting of the vehicle; (3) Any form of business identification; (4) Any sign or symbol relating to safety; (5) Any sign, symbol or marking required by federal, state or local law or regulation. (6) Any sign or symbol relating to hazardous materials or waste; (7) Any sticker or sign affixed by the seller or dealer of a commercial vehicle; or (8) Any marking or drawing, placed upon a vehicle by the owner of the vehicle or a person acting with the consent of the owner.
It is a rebuttable presumption under this section that any defacement placed on a commercial vehicle that is not referred to in those exceptions set forth in subsections (1) through (7) above was placed on the vehicle by a person other than the owner or operator of the vehicle. (Added. Coun. J. 12+1-93,p. 43378)
8-4-140 Injuring or obstructing signal systems.
No person, unless duly authorized, shall open any signal box, unless it be to give an alarm of fire or to communicate with the police on necessary business, nor break, cut, injure, deface, derange, or in any manner meddle or interfere with any signal box or the fire-alarm or police telegraph wires, or with any municipal electric wires, poles, conduits, or apparatus. Any person violating any of the foregoing provisions of this section shall be fined not less than $25.00 nor more than $50.00 for each offense.
Any person who shall scratch, stencil, or post placards or bills on any of the poles used for wires of the police and fire alarm telegraph, or in any other manner deface on injure the same, shall be fined not less than $5.00 nor more than $20.00 for each offense. (Prior code 193-6)
8-4-145 False fire alarms.
Whoever, without reasonable cause, by outcry or otherwise, makes or circulates, or cause to be made or circulated, any false alarm of fire, shall be fined not less than $75.00 nor more than $500.00 for each offense. (Prior code 193-7)
8-4-150 Use of sirens for air raid alarms only.
For the duration of any war in which the United States is engaged no person, including without limiting the generality of the word "person", all persons...........
upon an authorized emergency vehicle, shall sound a siren for any purpose. For the purposes of this section, the term "siren" shall not include a foghorn when used for the protection of navigation in and about the Chicago Harbor.
This section shall not apply to any person officially designated by the mayor to sound a siren as an air raid alarm.
Any person violating the provisions of this section shall be fined not less than $100.00 nor more than $200.00 for each offense. (Prior code 193-6.1)
8-4-160 Bonfires.
(a) No person shall make or cause a fire to be made for burning any combustible waste material, except leaves, in any public way or public space or upon any private property within the city, except in a suitable metal or wire burner so constructed as to prevent the escape of burning material or sparks which might endanger surrounding property.
(b) No person shall make or cause a fire to be made for burning any leaves in any public way or public space or upon any private property without complying with the following conditions: burning only in small piles not to exceed 18 inches in depth or 30 inches in diameter and never adding leaves to a burning pile, rather starting a new pile; lighting the leaf pile near the top on the side sheltered from the wind; no burning being done when wind speed is sufficiently strong to displace the leaves; burning to be at the edge of public ways; no burning without being properly supervised by an adult; leaves shall not be burned while wet; when ashes are thoroughly extinguished, all ashes shall be swept up into adequate covered containers approved for refuse and shall be placed for storage at an approved point of refuse collection; and burning shall be done in full compliance with all requirements of the Chicago Air Pollution Control Ordinance and other applicable laws and ordinances.
(c) No person shall make or cause a fire to be made for burning any waste materials, with or without the protection required by paragraphs (a) or (b) above, in any location within a radius of 200 feet of any tank containing flammable liquids or any filling station pump, tank or other inlet or outlet for flammable liquids; nor closer than 50 feet to any wood frame building or stock, store or accumulation of timber, or other combustible material. (Prior code 193-8)
8-4-170 Masking in public.
It shall be unlawful for any person with the city to appear in public in any mask, cap, cowl, hood or other thing concealing the identity of the wearer; provided, that the provision of this section shall not apply to persons attending or taking part in carnivals, mask balls, public shows, entertainments, or celebrations in the city, or under permission of the proper authorities of said city, nor to any person holding a written permit issued by the mayor. (Prior code 193-9)
8-4-180 Possessing burglar's tools.
A person possesses burglary tools when he possesses any tool, key, instrument, device, or any explosive suitable for use in breaking into any building, house trailer, watercraft, aircraft, vehicle, railroad car, or any depository designed for the safekeeping of property, or any part thereof, with intent to enter such place and with intent to commit therein a felony or theft.
A person convicted of the possession of burglary tools shall be fined not less than $25.00 nor more than $500.00 (Prior code 193-10)
8-4-190 Throwing objects on athletic fields.
No person shall throw, drop, or place upon any baseball park, athletic field, or other place where games are played any bottle or other glass receptacle or any broken bottle or other broken instrument or thing. Any person violating any of the provisions of this section shall be fined not less than $25.00 nor more than $200.00 for each offense. (Prior code 193-12)
8-4-200 Objects on sills or railings.
It shall be unlawful for any person to place or keep on any window-sill, railing, or balcony, top of porch, or any other projection from any house or other building in the city, any flower pot, wooden box, bowl, pitcher, or other article or thing unless the same is securely and firmly fastened or protected so as to render it impossible for any such pot, bowl, pitcher or other article to fall into the public way. Any person violating this section shall be fined not more than $50.00 for each offense. (Prior code 193-13)
8-4-210 Spikes in railings and fences.
No owner, lessee, or person in possession of any building in this city shall erect, maintain, or permit to be erected or maintained on or about the stairway in, or the entrance to, such building, or on or about its exterior building line, on upon any portion of the sidewalk adjacent to such building, any railing, fence, guard, or protection of any kind, upon which there shall be affixed or in any manner attached so as to protrude therefrom any spike, nail, or other pointed instrument of any kind or description, unless such protrusion shall be an integral part of the fencing located entirely on private property; and unless any such protrusion, projecting vertically upward, shall be at least six feet in height above the ground; and unless any such protrusion, projecting vertically downward, shall not be more than six inches from the ground. Any person violating any of the provisions of this section shall be fined not less than $25.00 nor more than $50.00 for each offense; and each day any such person shall fail or neglect to remove from such railing, fence, or other protection, any such spike, nail, or other pointed instrument after notice in writing from the commissioner of buildings so to do, shall constitute a separate and distinct offense. (Prior code 193-14)
8-4-220 Clay holes and excavations.
The owner, lessee or person in possession of any real estate within the city upon which are located or situated any clay holes or other similar excavations is hereby required to cause such clay holes or other excavations to be enclosed with wooden or wire fences, of not less than six feet in height. When such fences are of wire, only smooth or non-barbed wire shall be used below a height of six feet above the established grade or above the ground where no grade has been established, and such fence or fences shall consist of not less than eight rows of wire, and such rows of wire shall not be more than nine inches apart. (Prior code 193-15)
8-4-230 Use of flag--Misdemeanor.
Any person who (a) for exhibition or display, places or causes to be placed any word, figure, mark, picture, design, drawing, or any advertisement of any nature, upon any flag, standard, color or ensign of the United States, or any foreign flag of any nation or ensign, or state flag of this state or ensign, or city flag of this city or ensign, (b) exposes or causes to be exposed to public view any such flag, standard, color or ensign, upon which has been printed, painted or otherwise placed, or to which has been attached, appended, affixed, or annexed, any word, figure, mark, picture, design or drawing or any advertisement of any nature, (c) exposes to public view, manufactures, sells, exposes for sale, gives away, or has in possession for sale or to give away or for use for any purpose, any article of substance, being and article of merchandise, or a receptacle of merchandise or article or thing for carrying or transporting merchandise upon which has been printed, painted, attached, or otherwise placed a representation of any such flag, standard, color, or ensign, to advertise, call attention to, decorate, mark or distinguish the article or substance on which so placed, or (d) shall knowingly mutilate, deface, defile or defy, trample or cast contempt upon by offensive touching or laying upon the ground or floor, any such flag, standard, color or ensign shall be guilty of a misdemeanor and subject to imprisonment not to exceed six months and a fine not to exceed $250.00 for each offense. (Prior code 193-16; Added. Coun. J. 3-16-89,p. 25723)
8-4-240 Rag picking--Peddling--Junk collection.
No person shall engage in the occupation of rag picking, the peddling of any article or thing, or the purchasing or collection of junk by handcart, automobile or other vehicle in any public alley between the hours of 5:00 p.m. and 7:00 a.m., except in the area bounded on the north by the Chicago River, on the south by E. and W. Roosevelt Road, on the east by Lake Michigan and on the west by the Chicago River; provided no rag picking shall be permitted at any time of the day or night on Sundays or legal holidays. Any person violating this section shall be fined not less than $5.00 nor more than $50.00 for each offense. (Prior code 193-17)
8-4-250 Trespassing on property.
No person shall enter into or upon any lot, block, or tract of ground in the city which is under cultivation, unless such person be an owner, lessee, or person entitled so to enter, or the duly authorized agent thereof, and any person found by the police in and upon any such premises shall be treated as a trespasser unless he can produce satisfactory evidence of ownership or right to be in and upon any such premises.
Any person who shall violate the provisions of this section shall be fined not less than $1.00 nor more than $100.00 for each offense. (Prior code 193-18)
8-4-260 Trespassing on elevated track.
Whenever any track of any railroad in the city has been or may hereafter be elevated in accordance with the ordinances of the city, no person shall willfully trespass upon said elevated roadway or tract, nor shall anyone aid, abet, or assist therein; provided, however, that the employees of such railroad, acting in the discharge of their duties, may enter or be upon, or walk along or cross such elevated tracks or roadway at any place. (Prior code 193-19)
8-4-270 Advertising and signs on buildings.
No person shall post, stick, stamp, tack, paint, or otherwise fix, or cause the same to be done by another person, any notice, placard, bill, handbill, sign, poster, card advertisement, or other device calculated to attract the attention of the public, upon any building or part thereof, wall or part thereof, or window, without first obtaining the written consent of the owner, agent, lessee, or occupant of such premises or structure; provided, however, that no person shall paste, post, or fasten any handbill, poster, advertisement, or notice of kind or cause the same to be done, which exceeds 12 square feet in area without first obtaining a permit to do so from the commissioner of buildings in accordance with the provisions of this code relating to billboards and signboards; and provided, further, that this section shall not apply to advertising matter upon billboards owned or controlled by private individuals. (Prior code 193-20)
8-4-280 Removing sod or earth.
No person shall dig, cut, or remove any sod or earth from any public way within the city without a permit from the commissioner of transportation, or from any other public place within the city without a permit from the commissioner of general services, or from any premises not his own without the consent of the owner, under a penalty of not less than $50.00 for each offense. (Prior code 193-21; Amend. Coun. J. 12-11-91,p. 10832)
8-4-290 Removal of sod along public way.
No person shall dig, cut or remove any sod or earth from any property adjoining or contiguous to a public way in such a manner as to leave said property in an unsafe or unsanitary condition or in such condition as will constitute a public nuisance. (Prior code 193-21.1)
8-4-300 Fraud through spiritualism.
No person shall hold or give any public or private meeting, gathering, circle, or seance of any kind of the name of spiritualism. or of any other religious body, society, cult, or denomination, and therein practice, or permit to be practiced, fraud or deception of any kind.
No person shall obtain money or property form another by fraudulent devices and practices in the name of, or by means of, spirit mediumship, palmistry, card reading, astrology, seer-ship, or like crafty science, or fortune-telling of any kind.
Any person violating any provision of this section shall be fined not less than $25.00 nor more than $100.00 for each offense. (Prior code 193-22)
8-4-310 Forging signatures.
Whenever it may be necessary, in order to procure a license, permit, grant, or privilege of any kind or to obtain a referendum vote on any proposition, to secure signatures to a petition for the same under the provisions of this code or under any law or ordinance affecting the whole or any part of the city, it shall be unlawful for any person, individually, or any firm or corporation by its members, officers or agents, to forge the signature or procure the forging of the signature to the same of any person who is by law qualified to sign such petition, or to sign or procure the signing of a fictitious name to such petition, or to procure the signature to the same of the person qualified to sign such petition by payment of money or other valuable thing to the person so signing.
Any person that shall violate the provisions of this section by forging a signature, signing a fictitious name, or purchasing a signature, or by procuring the doing of same, shall be fined not less than $5.00 nor more than $200.00 dollars for each offense, and the signing or procuring of each false or fraudulent name to such petition shall be regarded as a distinct and separate offense. (Prior code 193-23)
8-4-320 Deceptive advertising.
No person shall, with intent to sell or in anywise dispose of merchandise, securities, service, or anything offered directly or indirectly to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto or any interest therein, make, publish, disseminate, circulate, or place before the public, or cause directly or indirectly to be made, published, disseminated, circulated, or placed before the public, in this city, in any newspaper or other publication sold or offered for sale upon any public way, or other public place, or on any sign upon any public way or other public place, on in any handbill or advertisement posted upon any public way or public place, or on any placard, advertisement, or handbill exhibited or carried in any public way or public place, or on any banner or sign flying across the public way or from any house, and advertisement of any sort regarding merchandise, securities, service, or anything so offered to the public, which advertisement contains any assertion, representation, or statement which is untrue, deceptive, or misleading. Any person violating any provision of this section shall be fined not less than $25.00 nor more than #200.00 for each offense. (Prior code 193-24)
8-4-330 Recruitment restrictions.
No person shall force, threaten to use force, intimidate or coerce another to join any group, club or organization. This section shall not apply to persons engaged in lawful concerted activities governed and protected by the federal statute commonly known as the "National Labor Relations Act".
Any person violating any of the provisions of this section shall be fined not less than $500.00 for each offense or shall be punished by imprisonment for a period of not more than six months or both. (Prior code 193-26)
>8-4-340 Charitable entertainments--Restriction on promotional materials. No person shall use any ticket, poster, placard, badge, or other advertisement in the promotion of any dance, bazaar, picnic, game, theater, or other entertainment or performance purporting to be given for charitable purposes unless the names of the persons or organizations intended to be benefited by the receipts from such entertainment or performance are stated on such ticket, poster, placard, badge, or other advertisement.
Any person violating any of the provisions of this section shall be fined not less than $10.00 nor more than $200.00 for each offense. (Prior code 193-27)
8-4-350 Promotion of marriage.
No person shall seek, solicit, accept, or receive, or attempt to seek, solicit, accept, or receive, any fee, charge, commission, brokerage or any other financial or other valuable consideration form another or services or pretended services in and about aiding, encouraging, interfering, or negotiating between a man and a woman for the purpose of promoting a marriage or an acquaintanceship intended to result in marriage.
No person shall advertise by display, circular, handbill, or in any newspaper, periodical, magazine, or other publication, or by any other means, to act as agent, assistant, go-between, or mediator between a man and a woman, for any fee, charge, commission, brokerage, or other financial or other valuable consideration, for the purpose of promoting a marriage or an acquaintanceship intended to result in marriage. Any person violating any provision of this section shall be subject to a fine of not less than $100.00 nor more than $200.00 for each offense. (Prior code 193-28)
8-4-360 Violation--Penalty.
Any person violating any of the provisions of this chapter, where no other penalty is specifically provided, shall be fined not more than $200.00 for each offense. (Prior code 193-35 (part)