A police officer assigned to a landlord-tenant dispute shall:
(A) Determine from the facts available whether the conduct complained of constitutes a lockout as specified in the ordinance;
(B) Determine situations wherein a threatened attempt, or actual lockout has occurred;
(C) Determine from the facts available that the premises involved is a dwelling as defined in the ordinance;
(D) Determine from the facts available that the alleged offender is a landlord and that the person residing at the location is a tenant as defined by this chapter;
(E) Determine from the facts available that the conduct is not exempted from the ordinance. Examples of exempt conduct includes instances wherein:
(1) A landlord has a court order for possession of the dwelling unit and engages the Sheriff of Cook County to forcibly evict the tenant and his or her personal property; or
(2) The landlord acting alone or through an agent or attorney complies with the law pertaining to distress for rent by:
(a) Filing nothing in court prior to seizing the tenant's property;
(b) Filing a distress warrant (a warrant authorizing the seizure of another's property to secure the performance of a duty of overdue rent stating that rent is overdue);
(c) Serving the warrant on the tenant;
(d) Seizing the tenants property; or
(e) Filing a copy of the distress warrant and an inventory of the property seized with the Clerk of the Circuit Court immediately after seizure.
(F) Instruct the offender (the landlord or his or her agent) to end the threats or actual lockout immediately. This may include:
(1) Restoring the tenant(s) to the dwelling unit;
(2) Giving the tenant(s) keys to any new locks of the dwelling unit;
(3) Returning any of the tenant's property that was taken; and
(4) Turning on the utilities to the dwelling unit.
(G) If the offender complies with the officer's instructions, issues an ordinance violation;
(H) If the offender refuses to comply with the officer's instructions, affect an arrest;
(I) If the offender is not at or near the vicinity of the scene, the officer should instruct the complainant to obtain an arrest warrant for the offender; and
(J) When responding to a lockout complaint, the officer must complete a miscellaneous inception case report with an event number or a case report if applicable if a criminal offense has been committed.
(Ord. 07-939, passed 6-14-2007)