11-4-2670 Reserved.

Editor's note – Coun. J. 9-27-07, p. 9208, § 2, repealed § 11-4-2670, which pertained to permit revocation and suspension procedure.

11-4-2680 Violation – Penalty.

   (a)   Unless otherwise provided in this article, penalties imposed for violations of any provisions of this article shall be as provided in Section 11-4-030 of this Code.

   (b)   The commissioner may inspect or cause the inspection of a recycling facility or an urban farm accessory composting operation in order to determine compliance with this article, the rules and regulations promulgated hereunder, a recycling facility or an urban farm accessory composting operation permit and its conditions and other applicable laws and ordinances. The commissioner may issue an emergency cessation order in accordance with the provisions of Section 11-4-025 of this Code, and may require any such facility or operation to be immediately closed and secured against entry upon discovery of (i) an imminent and substantial risk to the public health or safety or to the environment caused by the presence, treatment or storage of any recycling or composting material, or other activity on the premises, in violation of this article, a recycling material facility or an urban farm accessory composting operation permit or its conditions or the rules and regulations promulgated hereunder, or (ii) the facility or operation being operated without a required permit. The commissioner may also issue a non-emergency cessation order in accordance with the provisions of Section 11-4-025 of this Code, if he or she determines that any person is violating any of the provisions of this article, but such violation does not pose an imminent and substantial risk to the public health or safety or to the environment.

   (c)   If the commissioner determines that any activity regulated under this article is proceeding in violation of provisions of this article and such activity has created, or is creating an imminent and substantial risk to the public health or safety or to the environment, then the commissioner may issue an emergency abatement order or may abate the nuisance in accordance with the provisions of Section 11-4-025 of this Code.

   (d)   If the commissioner determines that any activity regulated under this article is proceeding in violation of any of the provisions of this article but that such activity has not created, or is not creating an imminent and substantial risk to the public health or safety or to the environment, the commissioner may provide the property owner, contractor or any other person involved in the performance of the subject activity with written notice to abate the nuisance within a time frame prescribed by the commissioner. In the event that any person fails to abate such nuisance in accordance with the commissioner's notice to abate, then the commissioner may proceed to control, remove, dispose or otherwise abate the nuisance in accordance with the provisions of Section 11-4-025 of this Code.

   (e)   In addition to any other penalties imposed in this article, the city shall be entitled to recover a penalty or cost as provided in Section 11-4-025 of this Code.

(Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 3-31-04, p. 20916, § 3.31; Amended Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 7-29-15, p. 4110, § 3)

ARTICLE XXI. RESERVED.

Editor's note – Coun. J. 11-16-11, p. 13798, Art. II, § 7, repealed §§ 11-4-2700 through 11-4-2920, which pertained to environmental noise and vibration control.

ARTICLE XXII. INVASIVE SPECIES CONTROL (11-4-3000 et seq.)

11-4-3000 Definitions.

   For purposes of this Article XXII, the following definitions shall apply:

   (a)   “Business” means any sole proprietorship, partnership, joint venture, corporation, limited liability company or other business entity formed for profit- making purposes, including, but not limited to, retail establishments, wholesale establishments, or aquaculture establishments.

   (b)   “Ecosystem” means any living or non living organisms interacting as a unit wholly or partly within or adjoining the territorial boundaries of the City of Chicago.

   (b-1)   “Commissioner” means the commissioner of business affairs and consumer protection.

   (c)   “Live transport species” means any species of aquatic or terrestrial life which may be possessed or transported live but which shall not be sold live and which is listed as a live transport species by rules and regulations promulgated by the commissioner.

   (d)   “Regulated invasive species” means any species of aquatic or terrestrial life listed as a regulated species by rules and regulations promulgated by the commissioner, including, but not limited to, any snakehead fish (any walking catfish of the clariidae family), any bighead carp (hypophthalmichthys nobilis), any silver carp (hypophthalmichthys molitrix), and any black carp (mylopharyngodon piceus).

   (e)   “Regulated animal species” means any animal species listed as a regulated animal species by rules and regulations promulgated by the commissioner.

   (f)   “Regulated plant species” means any plant species listed as a regulated plant species by rules and regulations promulgated by the commissioner.

   (g)   “Retailer” means any person engaged in the business of distributing, supplying, furnishing, or selling of goods or services to a person for use or consumption.

   (h)   “Viable plant material” means any portion of a plant capable of reproduction, including but not limited to, any seeds, fragments, roots, flowers, or whole plants.

(Added Coun. J. 5-9-07, p. 104624, § 1; Amend. Coun. J. 9-5-07, p. 6584, § 1; Amend Coun. J. 7-6-11, p. 2827, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

11-4-3010 List of regulated invasive species.

   The commissioner shall adopt rules and regulations to keep and update as necessary a list of regulated invasive species. Such list shall be based upon, but not limited to, the following: (1) the economic impact of introducing this species into the ecosystem; (2) the hazards that this species present to the wildlife and wildlife resources of the city; (3) diseases and parasites associated with this species; and (4) any food or commercial value of this species. Except in an emergency as determined by the commissioner, the commissioner shall provide a reasonable period of public notice before updating the list to add one or more regulated animal or plant species. Such list shall be published as deemed appropriate by the commissioner.

(Added Coun. J. 5-9-07, p. 104624, § 1; Amend. Coun. J. 9-5-07, p. 6584, § 1; Amend Coun. J. 7-6-11, p. 2827, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

11-4-3020 Regulated invasive species.

   (a)   It shall be unlawful for any person to do the following:

      (1)   Import, sell, transport, own, keep or otherwise possess any live or viable regulated invasive species within the city; or

      (2)   Import, sell, transport, own, keep or otherwise possess any viable plant material from a regulated plant species within the city; or

      (3)   Release or introduce into the environment anywhere within the city any live or viable regulated invasive species or viable plant material from a regulated plant species.

   (b)   This section's prohibitions shall not apply to the following:

      (1)   Any person who imports, transports, carries, owns, keeps or otherwise possesses any live orviable regulated invasive species or viable plant material from a regulated plant species for zoological, educational, medical or scientific purposes if the person has obtained all applicable licenses or permits required by law, and the person makes such licenses or permits available for inspection by the commissioner; or

      (2)   Any business that imports, transports, carries, owns, keeps or otherwise possesses any live transport species for the sale or transfer of any such live transport species to any retailer; provided that the business has obtained all applicable licenses and permits required by law; or

      (3)   Any retailer that owns, keeps or otherwise possesses any live transport species for the retail sale or transfer of any such live transport species to a consumer; provided that the retailer has obtained all applicable licenses and permits required by law and acquired the live transport species from a business in compliance with subsection (b)(2) of this section, and kills the live transport species before the species is sold or transferred to the consumer; or

      (4)   Any person who imports, transports, carries, owns, keeps or otherwise possesses any live or viable regulated invasive species or viable plant material from a regulated plant species pursuant to a permit or license issued by the State of Illinois or the United States government, or both, when a permit or license from both the State of Illinois and the United States government is required, and such person makes such license or permit available for inspection by the commissioner.

   (c)   Any licensee or permittee to whom a license or permit has been issued for the purpose of importing, transporting, carrying, owning, keeping or otherwise possessing any live or viable regulated invasive species or viable plant material from a regulated plant species shall display such license or permit in a conspicuous place within the premises of the licensee or permittee.

(Added Coun. J. 5-9-07, p. 104624, § 1; Amend. Coun. J. 9-5-07, p. 6584, § 1; Amend Coun. J. 7-6-11, p. 2827, § 1; Amend Coun. J. 4-15-15, p. 106130, § 10)