TITLE 8
OFFENSES AFFECTING PUBLIC PEACE, MORALS AND WELFARE
   Ch. 8-4   Public Peace and Welfare
   Ch. 8-8   Public Morals
   Ch. 8-12   Gambling
   Ch. 8-16   Offenses By or Against Minors
   Ch. 8-20   Weapons
   Ch. 8-24   Firearms and Other Weapons
   Ch. 8-26   Gun Offender Registration Ordinance
   Ch. 8-28   Reserved
   Ch. 8-30   Evictions for Unlawful Use of Premises
   Ch. 8-32   Noise and Vibration Control
CHAPTER 8-4
PUBLIC PEACE AND WELFARE
8-4-010   Disorderly conduct.
8-4-015   Gang loitering.
8-4-016   Prostitution-related loitering.
8-4-017   Narcotics-related loitering.
8-4-018   Marijuana flavored candy.
8-4-020   Inciting riots, etc.
8-4-025   Reserved.
8-4-026   Threats or intimidation in public places.
8-4-030   Drinking in public ways – Exceptions.
8-4-035   Navy Pier – Restrictions on alcohol.
8-4-037   Vessels docked along Navy Pier – Restrictions on alcohol.
8-4-040   Defacing and injuring house of worship and cemeteries.
8-4-045   Unlawful representation of military honors.
8-4-050   Trespassing.
8-4-052   Unlocking wireless communication devices.
8-4-053   Stolen cell phone database.
8-4-054   Outdoor pay telephones prohibited.
8-4-055   Sound-emitting devices on public conveyances.
8-4-056   False burglar alarms.
8-4-058   Reserved.
8-4-059   Possession of scanners illegal.
8-4-060   Vandalism defined.
8-4-061   Disposition of certain fines.
8-4-065   Interference with utility equipment.
8-4-070   Responsibility of parent or legal guardian.
8-4-075   Threatening a community policing volunteer.
8-4-080   Definitions – Assault defined – Mandatory sentence.
8-4-081   Public urination or defecation.
8-4-084   Bullying and harassment.
8-4-085   Hate crimes.
8-4-086   Prohibition against racial profiling.
8-4-087   Chronic illegal activity premises.
8-4-090   Drug and gang houses, houses of prostitution and other disorderly houses.
8-4-091   Prohibited manner of managing or controlling real estate.
8-4-100   Reserved.
8-4-110   Disturbing places of worship.
8-4-120   Damage to public property.
8-4-125   Use of cell phones/cameras/camera phones in public privacy areas.
8-4-126   Unauthorized video recording and live video transmission – “Upskirting” and other related offenses.
8-4-127   Cyberstalking ordinance.
8-4-130   Possession of etching materials, paint or marker unlawful.
8-4-135   Defacement of commercial vehicles.
8-4-140   Injuring or obstructing signal systems.
8-4-145   False alarms.
8-4-147   Unlawful threatening objects.
8-4-148   Sale or possession of body armor.
8-4-150   Use of sirens for air raid alarms only.
8-4-160   Reserved.
8-4-170   Reserved.
8-4-180   Possessing burglar's tools.
8-4-190   Throwing objects on athletic fields.
8-4-195   Illegal conduct within sports facilities.
8-4-200   Objects on sills or railings.
8-4-210   Reserved.
8-4-220   Clay holes and excavations.
8-4-230   Use of flag – Misdemeanor.
8-4-240   Ragpicking – Peddling – Junk collection.
8-4-250   Trespassing on property.
8-4-260   Trespassing on elevated track.
8-4-270   Advertising and signs on buildings.
8-4-280   Removing sod or earth.
8-4-290   Removal of sod along public way.
8-4-300   Reserved.
8-4-310   Forging signatures.
8-4-315   Fraud relating to official documents.
8-4-320   Deceptive advertising.
8-4-321   International wire transfers – Posting of notice required.
8-4-325   Deceptive practices – Residential real estate.
8-4-330   Recruitment restrictions.
8-4-340   Charitable entertainments – Restriction on promotional materials.
8-4-350   Enhanced penalties for offenses committed in public transportation safety zones.
8-4-355   Enhanced penalties for offenses committed in student safety zones, parks or playgrounds.
8-4-356   Enhanced penalties for offenses committed in senior and nursing home safety zones.
8-4-360   Violation – Penalty.
8-4-010  Disorderly conduct.
   A person commits disorderly conduct when he knowingly:
      (a)   Does any act in such unreasonable manner as to provoke, make or aid in making a breach of peace; or
      (b)   Does or makes any unreasonable or offensive act, utterance, gesture or display which, under the circumstances, creates a clear and present danger of a breach of peace or imminent threat of violence; or
      (c)   Refuses or fails to cease and desist any peaceful conduct or activity likely to produce a breach of peace where there is an imminent threat of violence, and where the police have made all reasonable efforts to protect the otherwise peaceful conduct and activity, and have requested that said conduct and activity be stopped and explained the request if there be time; or
      (d)   Fails to obey a lawful order of dispersal by a peace officer who has identified himself as such, or is otherwise reasonably identifiable as such, issued under circumstances where three or more persons are committing acts of disorderly conduct in the immediate vicinity, which acts are likely to cause substantial harm; or
      (e)   Fails to obey an order by a peace officer, traffic control aide, fire department official, or other official, who has identified himself as such, or is otherwise reasonably identifiable as such, issued under circumstances where it is reasonable to believe that the order is necessary to allow public safety officials to address a situation that threatens the public health, safety, or welfare; or
      (f)   Assembles with three or more persons for the purpose of using force or violence to disturb the public peace; or
      (g)   Remains in the public way in a manner that blocks customer access to a commercial establishment, after being asked to clear the entrance by the person in charge of such establishment; or
      (h)   Appears in any public place manifestly under the influence of alcohol, narcotics or other drug, not therapeutically administered, to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity; or
      (i)   Reserved.
      (j)   Either: (1) knowingly approaches another person within eight feet of such person, unless such other person consents, for the purpose of passing a leaflet or handbill to, displaying a sign to, or engaging in oral protest, education, or counseling with such other person in the public way within a radius of 50 feet from any entrance door to a hospital, medical clinic or healthcare facility, or (2) by force or threat of force or by physical obstruction, intentionally injures, intimidates or interferes with or attempts to injure, intimidate or interfere with any person entering or leaving any hospital, medical clinic or healthcare facility.
   A person convicted of disorderly conduct shall be fined not more than $500.00 for each offense.
(Prior code § 193-1; Amend Coun. J. 3-27-02, p. 82299, § 1; Amend Coun. J. 12-4-02, p. 99931, § 5.1; Amend Coun. J. 4-9-03, p. 106396, § 1; Amend Coun. J. 7-26-06, p. 81863, § 1; Amend Coun. J. 10-17-09, p. 72710, § 1; Amend Coun. J. 12-12-12, p. 44056, § 1; Amend Coun. J. 9-11-13, p. 59869, § 3)
8-4-015  Gang loitering.
   (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 eight 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 that 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, 5.1, 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 Sections 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 eight-hour period following the time the order was issued, is subject to a fine of not less than $100.00 and not more than $500.00 for each offense, or imprisonment for not more than six months for each offense, or both. A second or subsequent offense shall be punishable by a mandatory minimum sentence of not less than five days imprisonment.
   In addition to or instead of the 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.
   (f)   Upon a third or subsequent conviction for a violation of subsection (e) of this section or subsection (d) of Section 8-4-017, or any combination thereof, within any 12-month period, a court, in addition to imposing the penalties prescribed in that subsection, shall enter an order requiring the convicted person to refrain, for a mandatory period of 30 days, from gang loitering, or narcotics-related loitering as defined in Section 8-4-017, within sight and hearing of the place of the police officer's order issued under subsection (a) which served as the basis for the person's most recent conviction, unless circumstances strongly mandate that such period should be shorter. Such an order must be obeyed regardless of whether any additional warning or notice is given to the person. Any person who violates an order issued by a court under this subsection (f) shall be subject to a mandatory minimum sentence of not less than five days imprisonment but not more than six months imprisonment, plus a fine of not less than $100.00 and not more than $500.00, for each violation. In addition to or instead of the penalties prescribed in this subsection (f), any person who violates an order issued by a court under this subsection (f) may be required to perform up to 120 hours of community service pursuant to Section 1-4-120 of this Code.
(Added Coun. J. 6-17-92 p. 18292; Amend Coun. J. 2-16-00, p. 25705, § 1; Amend Coun. J. 7-26-06, p. 81865, § 1)
Editor's note – Prior to amendment by Coun. J. 2-16-00, p. 25705, § 1, this section pertained to gang-related congregations.
8-4-016  Prostitution-related loitering.
   (a)   Whenever a police officer observes one or more persons engaged in prostitution-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 prostitution-related loitering within sight or hearing of the place at which the order was issued during the next eight hours.
   (b)   The Superintendent of Police shall by written directive designate areas of the city in which enforcement of this section is necessary because the areas are frequently associated with prostitution-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 prostitution-related activity in areas in which this section 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 prostitution-related activity; other personnel of that Department with particular knowledge of prostitution-related activities in the proposed designated area; elected and appointed officials of the area; community-based organizations; and participants in the Chicago Alternative Police 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)   Prostitution-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 prostitution as defined in 720 ILCS 5/11-14 or solicitation of a sexual act as defined in 720 ILCS 5/11-14.1, patronizing a prostitute as defined in 720 ILCS 5/11-18, or patronizing a minor engaged in prostitution as defined in 720 ILCS 5/11-18.1.
      (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 prostitution-related loitering within sight or hearing of the place at which such an order was issued during the eight-hour period following the time the order was issued, is subject to a fine of not less than $50.00 and not more than $500.00 for each offense, or imprisonment for not more than six months for each offense, or both. A second or subsequent offense shall be punishable by a mandatory minimum sentence of not less than five days imprisonment.
   In addition to or instead of the 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.
   (e)   Upon a third or subsequent conviction for a violation of subsection (d) or subsection (e) of Section 8-4-015 or Section 8-4-017, or any combination thereof, within a 12-month period, a court, in addition to imposing the penalties prescribed in that subsection, shall enter an order requiring the convicted person to refrain, for a mandatory period of 30 days, from narcotics-related loitering, prostitution-related loitering, or gang-loitering as defined in Section 8-4-015, Section 8-4-016, or Section 8-4-017, within sight and hearing of the place of the police officer’s order issued under subsection (a) which served as the basis for the person’s most recent conviction, unless circumstances strongly mandate that such period should be shorter. Such an order must be obeyed regardless of whether any additional warning or notice is given to the person. Any person who violates an order issued by a court under this subsection (e) shall be subject to a mandatory minimum sentence of not less than five days imprisonment but not more than six months imprisonment, plus a fine of not less than $100.00 and not more than $500.00, for each violation. In addition to or instead of the penalties prescribed in this subsection (e), any person who violates an order issued by a court under this subsection (e) may be required to perform up to 120 hours of community service pursuant to Section 1-4-120 of this Code.
   (f)   It shall be an affirmative defense to penalties under this section for a person who engages in prostitution-related loitering that the person was under duress or was coerced into violating any provision of this section. A victim of trafficking in persons, pursuant to relevant state or federal laws, shall not be deemed criminally liable for any violation of this section committed as a direct result of, or incident related to, being trafficked. Where such affirmative defense is applicable to a person who engages in prostitution-related loitering, such affirmative defense shall not apply to the person creating such coercion or duress, or knew or should have known of the existence of such coercion or duress.
(Added Coun. J. 6-27-18 p. 80207, § 1)
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 eight hours.
   (b)   The superintendent of police shall by written directive designate areas of the city in which 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 that 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 narcotics-related loitering within sight or hearing of the place at which such an order was issued during the eight-hour period following the time the order was issued, is subject to a fine of not less than $100.00 and not more than $500.00 for each offense, or imprisonment for not more than six months for each offense, or both. A second or subsequent offense shall be punishable by a mandatory minimum sentence of not less than five days imprisonment.
      In addition to or instead of the 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.
   (e)   Upon a third or subsequent conviction for a violation of subsection (d) of this section or subsection (e) of Section 8-4-015, or any combination thereof, within any 12-month period, a court, in addition to imposing the penalties prescribed in that subsection, shall enter an order requiring the convicted person to refrain, for a mandatory period of 30 days, from narcotics-related loitering, or gang loitering as defined in Section 8-4-015, within sight and hearing of the place of the police officer's order issued under subsection (a) which served as the basis for the person's most recent conviction, unless circumstances strongly mandate that such period should be shorter. Such an order must be obeyed regardless of whether any additional warning or notice is given to the person. Any person who violates an order issued by a court under this subsection (e) shall be subject to a mandatory minimum sentence of not less than five days imprisonment but not more than six months imprisonment, plus a fine of not less than $100.00 and not more than $500.00, for each violation. In addition to or instead of the penalties prescribed in this subsection (e), any person who violates an order issued by a court under this subsection (e) may be required to perform up to 120 hours of community service pursuant to Section 1-4-120 of this Code.
(Added Coun. J. 2-16-00, p. 25705, § 1; Amend Coun. J. 7-26-06, p. 81865, § 1)
8-4-018  Marijuana flavored candy.
   (a)   Definitions.
      (1)   “Person” shall mean any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint stock association or other entity or business organization of any kind.
      (2)   “Marijuana flavored candy” shall mean a lollipop, gumdrop or other candy which is flavored to taste like marijuana including, but not limited to, “Chronic Candy®”.
   (b)   No person shall sell, give away, barter, exchange or otherwise furnish any marijuana flavored candy or other confection, dessert or food item which is flavored to taste like marijuana. No person shall make or manufacture any marijuana flavored candy or other confection, dessert or food item which is flavored to taste like marijuana.
   (c)   Any person who violates this subsection upon conviction shall be punished as follows for each offense:
      (1)   a fine of not less than $100.00 nor more than $500.00 for each offense; and
      (2)   any repeat violations of any provision of Section 8-4-018 by a licensee shall be grounds for revocation or suspension of such license. For purposes of this section, “license” includes any and all licenses issued by any officer, department or agency of the City of Chicago required for retail or other business operations at the location at which the offense occurred, and includes but is not limited to retail licenses.
      (3)   for purposes of this section, each sale equals one violation of this subsection.
   (d)   Severability. If any section, subsection, paragraph, or part of this ordinance is for any reason held to be unconstitutional or invalid by any final court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance.
(Added Coun. J. 6-29-05, p. 51334, § 2)
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, active or prior military status, 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, active or prior military status, or ancestry of the owner, possessor, or authorized user or users of said property, or, in the case of a cemetery, of the decedent buried therein.
   The term “person” as used in this section shall include one or more individuals, copartnerships, 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 $500.00 or imprisoned for not less than ten days or more than six months, or both, for each offense.
(Prior code § 193-1.1) (Amend Coun. J. 11-18-15, p. 14409, § 2)
8-4-025  Reserved.
Editor’s note – Coun. J. 11-14-18, p. 90308, Art. V, § 6, repealed § 8-4-025, which pertained to aggressive panhandling.
8-4-026  Threats or intimidation in public places.
   (a)   Definitions. As used in this section:
   “Assault” has the meaning ascribed to that term in Section 12-1 of the Illinois Criminal Code, codified at 720 ILCS 5/12-1.
   “Intimidate” has the meaning ascribed to the term “intimidation” in Section 12-6 of the Illinois Criminal Code, codified at 720 ILCS 5/12-6.
   “Public place” means any public way, parkway, plaza or any other exterior location held, maintained or controlled by the City for the use of the general public.
   (b)   Unlawful conduct – Prohibited. No person shall assault or intimidate any other person in any public place.
   (c)   Penalty for violation. Any person who violates this section shall be subject to a fine of $50.00 for a first or second offense within any 12-month period, and a fine of $100.00 for a third or subsequent offense within any 12-month period. In addition to or instead of the fine set forth herein, any person who violates this section may be required to perform community service pursuant to Section 1-4-020.
(Added Coun. J. 11-14-18, p. 90308, Art. V, § 7)
8-4-030  Drinking in public ways – Exceptions.
   (a)   (1)   It shall be unlawful for any person to drink any alcoholic liquor as defined by law on any public way or in or about any motor vehicle upon a public way in the city. Provided, however, that this subsection (a)(1) shall not apply to:
         (i)   any portion of the public way occupied by a sidewalk cafe permitted pursuant to Chapter 10-28 of this Code which is properly licensed to sell alcoholic liquor, or
         (ii)   any portion of the public way located on Navy Pier, if: (1) the alcoholic liquor being carried and consumed on such public way was purchased at an establishment holding a valid liquor license at Navy Pier under Section 4-60-071; and (2) such alcoholic liquor is in a disposable cup that clearly identifies the name of the serving establishment; and (3) such alcoholic liquor is not brought into or consumed in any prohibited area designated as such by the Metropolitan Pier and Exposition Authority in posted signs; or
         (iii)   any venue holding a valid Riverwalk Venue liquor license under Section 4-60-074.
      (2)   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: (1) in the original package and with the seal unbroken, or (2) in a package properly sealed, bagged and receipted pursuant to Section 6-33 of the Liquor Control Act of 1934, added by P.A. 94-1047, effective January 1, 2007, and codified at 235 ILCS 5/6-33, as amended, or (3) in compliance with Section 11-502 of the Illinois Vehicle Code, codified at 625 ILCS 5/11-502.
      (3)   Except as otherwise provided in subsection (b), any person who violates this section shall be fined not less than $100.00 nor more than $500.00 or shall be punished by imprisonment for a period of six months or by both such fine and imprisonment for each offense.
   (b)   Any person who violates this section while within 800 feet of a parade route which is not open to traffic shall be fined not less than $500.00 nor more than $1,000.00 or shall be punished by imprisonment for a period of up to six months or by both such fine and imprisonment for each offense. For purposes of this subsection, the term “parade” has the meaning ascribed to the term in Section 10-8-330 of this Code.
(Prior code § 193-1.2; Amend Coun. J. 4-18-85, p. 15204; Amend Coun. J. 6-14-95, p. 3087; Amend Coun. J. 11-12-97, p. 56852; Amend Coun. J. 3-15-00, p. 27687, § 1; Amend Coun. J. 2-7-07, p. 98139, § 1; Amend Coun. J. 1-9-08, p. 18918, § 5; Amend Coun. J. 2-13-13, p. 46841, § 1; Amend Coun. J. 5-8-13, p. 52958, § 1; Amend Coun. J. 6-17-15, p. 1337, § 2; Amend Coun. J. 4-19-17, p. 48180, Art. III, § 11)
8-4-035  Navy Pier – Restrictions on alcohol.
   (a)   Alcohol purchased outside of Navy Pier. It shall be unlawful for any person to:
      (1)   bring any alcoholic liquor into Navy Pier that was not purchased at Navy Pier, except for: (i) the delivery of alcoholic liquor to a business or vessel located on Navy Pier by a deliveryman acting within the scope of his employment; or (ii) persons boarding or disembarking from a vessel docked at Navy Pier and passing through Navy Pier, without delay or detour, for such purpose; or (iii) the Navy Pier parking garage, which shall be governed by subsection (c) of this section; or
      (2)   consume any alcoholic liquor purchased outside of Navy Pier anywhere on Navy Pier.
   (b)   Alcohol purchased inside of Navy Pier – Prohibited areas. It shall be unlawful for any person who purchases alcoholic liquor at Navy Pier to: (1) bring any open container of such alcoholic liquor into any prohibited area on Navy Pier designated as such by the Metropolitan Pier and Exposition Authority in posted signs; or (2) consume any alcoholic liquor in any prohibited area.
   (c)   Navy Pier parking garage. It shall be unlawful for any person to: (1) bring any open container of alcoholic liquor into the Navy Pier parking garage; or (2) consume any alcoholic liquor in any Navy Pier parking garage.
   (d)   Penalty for violation. Any person who violates this section shall be fined not less than $100.00 nor more than $500.00, or imprisoned for a period not to exceed six months, or both, for each offense.
   (e)   Definitions. As used in this section:
   “Alcoholic liquor” has the meaning ascribed to the term in Section 4-60-010.
(Added Coun. J. 6-17-15, p. 1337, § 3)
8-4-037  Vessels docked along Navy Pier – Restrictions on alcohol.
   (a)   Prohibited act. It shall be unlawful for any person to bring any open container of alcoholic liquor onto any vessel docked along Navy Pier.
   (b)   Penalty for violation. Any person who violates this section shall be fined not less than $100.00 nor more than $500.00, or imprisoned for a period not to exceed six months, or both, for each offense.
   (c)   Definitions. As used in this section:
   “Alcoholic liquor” has the meaning ascribed to the term in Section 4-60-010.
   “Navy Pier” means the former municipal pier extending into Lake Michigan from the foot of East Grand Avenue.
   “Vessel” means every description of watercraft used or capable of being used as a means of transportation on water.
(Added Coun. J. 6-17-15, p. 1337, § 4)
8-4-040  Defacing and injuring house of worship and cemeteries.
   Any person who wilfully defaces, mars, injures, destroys or removes any vault, tomb, monument, gravestone, memorial of the dead, veterans' or other military monument or memorial, 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 $750.00, 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; Amend Coun. J. 3-29-06, p. 73632, § 1)
8-4-045  Unlawful representation of military honors.
   No person shall falsely represent himself, verbally or in writing, to have been awarded any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of such forces, or the ribbon, button, or rosette of any such badge, decoration or medal, or any colorable imitation thereof, in a situation where the person intends to receive a material benefit as a result of such representation. It shall also be a violation of this section for a person to intentionally wear such items without proper authorization in order to receive a material benefit.
   Furthermore, no person holding any business license issued by the City of Chicago shall manufacture, sell or make available for sale any such medals or badges awarded nor the ribbon, button or rosette of such badge or medal except in accordance with 32 C.F.R. § 507 or successor or similar federal regulations.
   Any misrepresentation of such military honors made on any city application for license, permit or employment shall be cause for revocation or termination of such license, application, permit or employment if the applicant intentionally made the misrepresentation in order to influence the result of the application.
   Any person violating any of the provisions of this section shall be fined not less than $100.00 nor more than $200.00 for each offense.
(Added Coun. J. 9-14-05, p. 54715, § 2; Amend Coun. J. 9-12-12, p. 33111, § 1)
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)   Wilfully 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  Unlocking wireless communication devices.
   (a)   For the purposes of this section:
      1.   The term “unlock” shall mean any process by which the software or hardware of a wireless communication device is modified so as to permit the device's use with a service provider other than the service provider initially associated with the device.
      2.   The term “wireless communication device” shall mean any device through which personal wireless services, as defined in 47 U.S.C. 332(c)(7)(C)(i), are transmitted.
   (b)   Any person who unlocks, or attempts to unlock, a wireless communication device in the city in exchange for a fee or other compensation must:
      1.   Require the requesting party to provide a driver's license or other government-issued identification showing the party's name, date of birth, and address.
      2.   Record the Mobile Equipment Identifier (MEID), International Mobile Station Equipment Identity (IMEI) or Electronic Serial Number (ESN) of the wireless communication device.
      3.   Provide every day, before the hour of twelve noon, the information required in Subsections (b)(1) and (b)(2) to the superintendent of police, along with the name and address of the person offering the unlocking service, by submitting a LeadsOnline electronic reporting form.
      4.   Comply with applicable restrictions or prohibitions on unlocking wireless communication devices set forth in federal statutes and regulations including 17 U.S.C. 1201(a)(1) and 17 U.S.C. 1202(b)(1), as interpreted by the Library of Congress Copyright Office and published in the Federal Register.
   (c)   It shall be a violation of this section to fail to comply with subsection (b). This section shall be enforceable by the department of police and the department of business affairs and consumer protection. Any person who violates this section shall be fined not less than $500.00 nor more than $1,000.00 for each offense.
   (d)   This section shall not apply to any provider of commercial mobile service, as defined in 47 U.S.C. 332(d), that unlocks a wireless communication device in the city.
(Added Coun. J. 4-30-14, p. 79826, § 1)
Editor's note – Coun. J. 4-22-93, p. 31524, repealed a former § 8-4-052, which pertained to an anti-loitering and/or trespassing program, effective January 1, 1995.
8-4-053  Stolen cell phone database.
   (a)   For purposes of this section:
      “Provider” means a manufacturer of wireless communication devices, or a provider of commercial mobile service, as defined in 47 U.S.C. 332(d), and such provider's authorized agents and retailers that have contractual relationships with the provider to sell the provider's authorized products and services.
      “Serial number” has the meaning ascribed to that term by Section 4-264-005 of this Code.
      “Stolen cell phone database”, “trade-in program” and “wireless communication device” have the meaning ascribed to these terms in Section 4-264-005.
   (b)   Any provider that does business in the City shall:
      (1)   not purchase or activate for service a secondhand cell phone that is brought to the provider, and whose make, model and serial number is identified in a stolen cell phone database. Before purchasing or activating for service any such secondhand cell phone, the provider shall check the stolen cell phone database to verify that the cell phone is not a stolen or lost cell phone;
      (2)   report, within a reasonable time, to the Chicago Department of Police any secondhand cell phone that is brought to the provider for sale or activation for service, and whose make, model and serial number is identified in a stolen cell phone database. Upon request, such provider shall surrender such cell phone to any member of the City's Department of Police, if the provider is in possession of the cell phone; and
      (3)   encourage customers to report the make, model and serial number of a cell phone for entry into a stolen cell phone database in the event of the theft or loss of the customer's cell phone. The requirement of this subsection (b)(3) can be satisfied by providing the customers of the provider with written or on-line information regarding: (i) the availability of a stolen cell phone database; and (ii) how to identify a stolen or lost cell phone in such database, and by posting similar information in the provider's business premises located in the City.
   (c)   The requirements of this section shall not apply to any acquisition of secondhand cell phones by a provider through a trade-in program.
   (d)   Any person who violates this section shall be subject to a fine of not less than $1,000.00 nor more than $2,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 9-6-17, p. 54980, § 3)
8-4-054  Outdoor pay telephones prohibited.
   (a)   Except as otherwise provided in this section, no person shall install or maintain any telephone booth, mounted telephone, or other form of pay telephone not enclosed within the interior of a building unless it is located on the public way and in accordance with Section 10-28-265 of this Code. Any outdoor pay telephone located on property other than the public way in violation of this section shall be removed by its owner, any person with control over the payphone, or the owner of real estate on which the payphone is located, within 30 days after the effective date of this section.
   (b)   Any person who violates any provision of subsection (a) of this section shall be subject to a fine of not less than $50.00 and not more than $200.00 for each offense. If an outdoor pay telephone is installed in violation of this section at substantially the same location where a telephone was previously removed pursuant to this section, any person participating in the violation shall be fined not less than $200.00 and not more than $500.00. Each day that a violation of subsection (a) continues shall constitute a separate offense. However, for the period ending six months after the effective date of this amendatory ordinance, no fine shall be imposed with respect to a telephone unless a removal notice has been posted on the telephone pursuant to this section.
   (c)   Notwithstanding any other provision of this section, the commissioner of business affairs and consumer protection may issue a revocable certificate of registration jointly authorizing the owner of real property on which a telephone is to be located and a telecommunications company that will operate the telephone, subject to the conditions of this section, the installation or maintenance of a telephone booth, mounted telephone, or other form of pay telephone not enclosed within the interior of a building and not on the public way, but permitted by this subsection (c). The certification of registration shall create no legal rights or entitlements, and shall not be deemed to create any type of vested interest. The application for the certificate of registration shall designate a registered agent for receiving notices under this section. Applications shall be maintained by the city as confidential business records. The certification shall be issued no later than 30 days after a complete application for an eligible location is received. No certificate of registration shall authorize installation of a telephone at a location that the commissioner determines will not be in the public interest or may have a deleterious impact on the surrounding neighborhood. The commissioner of business affairs and consumer protection may issue a certificate of registration pursuant to this section for no more than two telephones on any zoning lot of property; provided that the number of telephones authorized under this section for any parking lot with 200 or more parking spaces, or for any property on which there are facilities designed for public assembly and having a capacity for more than 10,000 persons, shall not exceed a number determined by the commissioner by rule as necessary for public convenience. No certificate of registration shall authorize a telephone situated: (i) on vacant property; (ii) on property on which there is situated an abandoned building; (iii) on property on which there is situated an establishment that has or requires a tavern license, or that is kept, used, maintained, advertised and held out to the public as a place that primarily sells alcoholic liquor at retail; or (iv) on property on which there is a building that is used primarily for residential purposes. Certificates of registration shall be issued for particular locations identified in the application therefor. The commissioner of business affairs and consumer protection by rule may establish and impose an application fee or an annual registration fee, or both, for certificates of registration issued under this section. The total amount of the fees may not exceed an amount sufficient for the city to recover its costs in administering this section, exclusive of costs directly related to preliminary or final hearings. A copy of each application for a certificate of registration shall be sent to the alderman for the ward in which the proposed telephone is to be located not less than five days after the application is received.
   (d)   Whenever the commissioner of business affairs and consumer protection determines that it is not in the public interest for the telephone to remain on private property, or that the telephone may have a deleterious impact on the surrounding neighborhood, the commissioner shall initiate procedures to revoke the certificate of registration for that telephone. A certification by the alderman of the ward in which the telephone is or is to be located setting forth facts establishing that it is not in the public interest for the telephone to remain on private property, or that the telephone has a deleterious impact on the surrounding neighborhood, shall be prima facie evidence that the certificate of registration is subject to revocation or should not be issued under this section. Whenever the commissioner makes such a determination with respect to a telephone for which a certificate of registration has been issued, the commissioner shall attempt to notify the registrant of the determination by mailing a notice to the registered agent or the registrant, and a representative of the City of Chicago may enter upon any private property and may place upon the telephone a notice stating that the certificate of registration is subject to revocation and that the registrant has a right to request a preliminary hearing at which the registrant will be given an opportunity to be heard in opposition to the revocation within seven days of the notice. The preliminary hearing shall be informal and shall provide the registrant with an opportunity to address the reasons for the commissioner's preliminary determination. If no preliminary hearing is requested or if the commissioner determines that there is probable cause for revocation of the certificate of registration after the preliminary hearing, the commissioner shall issue an order requiring the telephone and its appurtenances to be removed within seven days after the order is issued pending a final determination. Telephones that are not timely removed may be removed by a representative of the City of Chicago. No certificate of registration may be issued for a telephone at a zoning lot with respect to which a previous certificate has been revoked for a period of one year after revocation.
   (e)   Outdoor pay telephones not lawfully installed or maintained pursuant to this Code are hereby declared to be public nuisances subject to summary abatement upon due notice. A representative of the City of Chicago may enter upon any private property within the City of Chicago that he or she has reason to believe contains an outdoor pay telephone in violation of this section, and may place upon the telephone a notice that the telephone must be removed within seven days. Such notice shall also provide that if the telephone is not removed within seven days, a representative of the City of Chicago may remove the telephone and charge the costs of removal jointly and severally to its owner, operator, and the person who owns or controls the real property on which the pay telephone is located. If such telephone has not been removed within seven days, a representative of the City of Chicago may remove the telephone.
   (f)   If the costs to the City of Chicago of removing telephones and their appurtenances pursuant to this section are not paid within 30 days, the telephone shall be deemed abandoned and may be sold or destroyed. The costs of removing outdoor pay telephones shall be a debt to the City of Chicago jointly and severally owed by the telephone's owner and operator, and any person who owns or controls the real property on which the telephone was located.
(Added Coun. J. 10-5-94, p. 57792; Amend Coun. J. 7-10-96, p. 24982; Amend Coun. J. 11-12-97, p. 56814; Amend Coun. J. 4-29-98, p. 66564; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 6)
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 § 193-7.11)
8-4-056  False burglar alarms.
   (a)   As used in this section:
      (1)   “Burglar alarm system” means any assembly of equipment, mechanical or electrical, designed to signal the occurrence of an illegal entry or attempted illegal entry of the premises protected by the system. However, “burglar alarm system” shall not include any system installed to protect any premises used primarily for residential, educational, religious or charitable purposes or used primarily by a unit of government or school district.
      (2)   “Burglar alarm user” means the person or entity that owns, leases or subscribes to a burglar system, but does not include a private alarm company. There shall be a rebuttable presumption that a person who owns or occupies any premises on which a burglar alarm system has been installed is the user of that system.
      (3)   “False alarm” means a burglar alarm system activated in the absence of an emergency whether wilfully or by inadvertence, negligence or unintentional act, including any mechanical or electrical malfunction of the alarm system, to which the department of police is alerted for a response. A false alarm shall not include an alarm activated by a temporary surge or loss of electrical power or loss of telephone service to the burglar alarm user; the testing or repairing of telephone or electrical lines or equipment outside the premises if prior notice of the testing or repair is given to the department of police; unusually violent conditions of nature; an illegal entry, theft or robbery, or an attempt thereof; or an observable act of vandalism; where evidence of such activity exists.
   (b)   No burglar alarm user shall use a burglar alarm system that emits a false alarm. Any burglar alarm user accused of violating this section may raise as an affirmative defense that the burglar alarm user has taken all reasonable measures to eliminate false alarms. Those reasonable measures must include all of the following:
      (1)   Using a burglar alarm system that is installed and maintained by a properly licensed private alarm contractor.
      (2)   Having documentary evidence that the alarm system was installed, inspected or tested by a properly licensed private alarm contractor within the previous 12 months.
      (3)   Making every reasonable effort to have a responsible person arrive at the protected premises within 45 minutes if requested by the Department of Police or Office of Emergency Management and Communications, in order to:
         (i)   deactivate the alarm system;
         (ii)   provide access to the alarm location; or
         (iii)   provide alternative security for the alarm location.
   (c)   Any person who violates this section shall be subject to a fine of $100 for each false alarm. A notice of violation of this section and a notice of hearing may be served on the burglar alarm user in the manner provided in Section 2-14-074 of this Code, or by affixing the notice to the door or other prominent location on the premises.
(Added Coun. J. 11-19-08, p. 47220, Art. III, § 1)
8-4-058  Reserved.
Editor's note – Coun. J. 2-16-00, p. 25583, § 1, repealed § 8-4-058, which pertained to electronic paging devices on school property.
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 within 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 of 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. 7-14-93, p. 35538)
8-4-060  Vandalism defined.
   It shall be unlawful for any person to commit vandalism. A person commits vandalism when such person, without proper authorization, engages in the willful or malicious destruction, injury, disfigurement or defacement of any public or private property. Vandalism includes, but is not limited to, any act of cutting, tearing, breaking, marking, drawing, painting or etching when such act is intended to damage property or has the effect of causing damage to property.
   Any person who violates this section, upon conviction thereof, shall be punished by a fine of not less than $1,500.00 nor more than $2.500.00 for each offense, plus the actual costs incurred by the property owner or the city to abate, remediate, repair or remove the effects of the vandalism. To the extent permitted by law, such costs shall be payable to the person who incurred the costs. In addition to such fine and costs, 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 1,500 hours of community service, under the procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code, as amended, and in the Illinois Code of Criminal Procedure of 1963, as amended. 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.
(Prior code § 193-1.5; Amend Coun. J. 10-6-86, p. 34526; Amend Coun. J. 5-16-90, p. 15806; Amend Coun. J. 6-12-91, p. 1718; Amend Coun. J. 5-19-93, p. 32392; Amend Coun. J. 5-20-98, p. 69305; Amend Coun. J. 5-11-05, p. 48079, § 3; Amend Coun. J. 7-30-14, p. 85776, § 1)
8-4-061  Disposition of certain fines.
   In all instances in which the fine set forth in Section 8-4-060 of the code is imposed by the city's department of administrative hearings for destruction, injury, disfigurement or other defacement of Chicago Transit Authority property, one-half of any such fine imposed and collected shall be made available to the Chicago Transit Authority for use in removing graffiti and other defacement of Chicago Transit Authority property.
(Added Coun. J. 7-29-98, p. 74138)
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 privately 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 or to create a public safety hazard;
      (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 $1,000.00. 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 six months or by a requirement to perform up to 1,000 hours of community service under the procedures set forth in Section 1-2-1.1 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; Amend Coun. J. 4-12-00, p. 29744, § 1)
8-4-070  Responsibility of parent or legal guardian.
   (a)   As used in this section, the terms specified have the meanings ascribed to them:
   “Legal Guardian” means:
      (i)   A person who, under court order, is the guardian of the person of a minor, or
      (ii)    A public or private agency with whom a minor has been placed by a court.
   “Minor” means a person who is 11 years of age or above, but not yet 17 years of age.
   (b)   If a minor engages in conduct that violates any provision of Sections 8-4-060 or 8-4-065, and such minor is unemancipated and resides with his parent or legal guardian, such parent or legal guardian shall be subject to the penalties set forth below:
      (i)   a fine of not less than $250 nor more than $1.000.00 or payment of restitution in the amount of the actual costs incurred to abate, remediate, repair or remove the effects of the vandalism if such action is performed by the city, whichever is greater, or
      (ii)   a fine of not less than $250 nor more than $1.000.00 and payment of restitution in the amount of the actual costs incurred by the property owner to abate, remediate, repair or remove the effects of the vandalism if such action is not performed by the city.
   Provided, however, that no order imposing a fine and/or restitution under this section shall exceed $3,000 in the aggregate. Community service may be imposed in lieu of, or in addition to, the monetary fines provided by this section. Such parent or legal guardian shall be strictly liable under this section regardless of whether the parent or legal guardian has actual knowledge of the minor's unlawful conduct.
(Prior code § 193-1.6; Amend Coun. J. 5-16-90, p. 15806; Amend Coun. J. 4-22-93, p. 31576; Amend Coun. J. 7-19-07, p. 4733, § 1; Amend Coun. J. 7-30-14, p. 85776, § 2)
8-4-075  Threatening a community policing volunteer.
   (a)   It shall be unlawful to knowingly deliver or convey to a community policing volunteer, in person, by mail, by telephone or in any other manner, a threat to inflict bodily harm upon the community policing volunteer or a member of his or her immediate family (1) with the intent to cause the community policing volunteer to perform or omit the performance of any act as a community policing volunteer; or (2) in retaliation for the community policing volunteer performing or omitting any act as a community policing volunteer.
   (b)   For purposes of this section, “community policing volunteer” means a person performing any work or duties that are prescribed by, guided by, or directed by members of the Chicago Police Department as part of Chicago's Alternative Policing Strategy (C.A.P.S.).
   (c)   Any person who violates this section shall be fined $200.00 and incarcerated up to 30 days for a first offense; fined $400.00 and incarcerated up to 90 days for a second offense; and fined $500.00 and incarcerated up to six months for a third or subsequent offense. Any person violating this provision shall also be required to perform 200 hours of community service. If supervision or probation is imposed, service of the aforementioned community service shall be a condition of supervision or probation.
(Added Coun. J. 4-1-98, p. 65276)
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 60 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(l).
      (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 as 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. 4-13-84, p. 6076)
8-4-081  Public urination or defecation.
   (a)   No person shall urinate or defecate on the public way, or on any outdoor public property, or on any outdoor private property. Except as otherwise provided in subsection (b), any person who violates this section shall be fined not less than $100.00 nor more than $500.00, or shall be punished by imprisonment for not less than five days nor more than ten days or by both such fine and imprisonment.
   (b)   Any person who violates this section while within 800 feet of a parade route which is not open to traffic shall be fined not less than $500.00 nor more than $1,000.00 or shall be punished by imprisonment for not less than five days nor more than ten days or by both such fine and imprisonment. For purposes of this section, the term “parade” has the meaning ascribed to the term in Section 10-8-330 of this Code.
   (c)   This ordinance shall not apply to use of a temporary or permanent structure or enclosure erected outdoors for use as a toilet facility.
(Added Coun. J. 7-31-02, p. 91449, § 1; Amend Coun. J. 2-13-13, p. 46841, § 1; Amend Coun. J. 5-8-13, p. 52958, § 1; Amend Coun. J. 12-11-13, p. 71166, § 1)
8-4-084  Bullying and harassment.
   (a)   Definitions. For purposes of this section, the following definitions shall apply:
   “Bullying” is a form of harassment and is defined as an intentional act that causes harm to others that may involve verbal harassment, verbal or non-verbal threats, physical assault, stalking, or other methods of coercion which is reasonably likely to intimidate, emotionally abuse, slander, threaten or intimidate another person.
   “Harassment” means an unwanted and hurtful action which can include unwelcome conduct such as verbal abuse, graphic or written statements, threats, physical assault, sexual advances, request for sexual favors, conduct of a sexual nature or other conduct that is threatening or humiliating related to the person's race, color, religion, sex, sexual orientation, age, disability, or national origin.
   (b)   Prohibition. No person shall engage in any bullying or harassment of a person or induce another person to engage in such bullying or harassment.
   (c)   Penalties. Any person who shall violate any provision of this section shall be fined not less than $100 but not more than $250 for a first offense. Any subsequent violation shall be subject to a fine of not less than $250 but not more than $500.
(Added Coun. J. 11-8-17, p. 58452, § 1)
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, active or prior military status, 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 of this Code; or
      (6)   Engage in harassment by telephone as defined in Section 1-1 of “An Act to prohibit the use of 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 this section, “sexual orientation” means heterosexuality, homosexuality or bisexuality.
   (e)   As used in this section, "active or prior military status" means any active duty or former military service personnel of the United States Armed Services, including the Reserves, National Guard and the Reserve Officers' Training Corps (ROTC).
(Added Coun. J. 12-19-90, p. 27888; Amend Coun. J. 11-18-15, p. 14409, § 3)
8-4-086  Prohibition against racial profiling.
   (a)   For purposes of this section, the following definitions shall apply:
   “Peace officer” shall have the meaning ascribed to the term in Section 8-20-010 of this Code.
   “Security personnel” means special agents employed by a railroad or public utility to perform police functions, guards of armored car companies, watchmen, security guards or persons regularly employed in a commercial or industrial operation for the protection of persons employed by, or property related to, such commercial or industrial operation, and watchmen while in the performance of the duties of their employment.
   (b)   No member of the Chicago Police Department, peace officer or security personnel employed or engaged in his or her duties within the corporate boundaries of the City of Chicago shall use actual or perceived race, ethnicity, gender, religion, national origin, disability, sexual orientation, gender identity, marital status, parental status, military discharge status, financial status or lawful source of income as the sole factor in determining the existence of probable cause to stop, question, place in custody or arrest an individual or in constituting a reasonable and articulable suspicion that an offense has been or is being committed so as to justify the detention of an individual or the investigatory stop of a motor vehicle.
(Added Coun. J. 6-6-01, p. 60144, § 1; Amend Coun. J. 1-21-15, p. 102425, § 2)
8-4-087  Chronic illegal activity premises.
   (a)   Definitions. As used in this section, unless the context indicates otherwise:
   “Chronic illegal activity premises” means any premises that is the subject matter of three or more calls for police service on three different days within any 90-day period resulting in (1) a case report documenting an investigation of illegal activity within the premises; or (2) enforcement action against any tenant or person associated with the premises for illegal activity occurring within the premises or within one block or one thousand feet of the premises. Provided, however, that the following shall not be counted when determining whether a premises meets the definition of a chronic illegal activity premises:
      (1)   any illegal activity reported to the police department by the building owner or the building owner's agent via the city's 9-1-1 emergency telephone system;
      (2)   incidents of domestic violence, as defined in the Illinois Domestic Violence Act of 1986, as amended;
      (3)   any contact made to the police or other emergency services with the intent of preventing domestic or sexual violence, or seeking an emergency response to domestic or sexual violence;
      (4)   any contact made to police or other emergency services by, on behalf of, or otherwise concerning an individual with a disability, where the purpose of that contact is related to that individual's disability;
      (5)   any incident of actual or threatened domestic or sexual violence against a tenant, a household member, a guest or any other party that occurs in or on the premises of a residential dwelling unit;
      (6)   criminal activity or a local ordinance violation occurring in or on the premises of a residential dwelling unit that is directly relating to domestic violence or sexual violence and is reported by the victim or a party seeking services or assistance for the victim.
   “Corporation counsel” means the corporation counsel of the City of Chicago or the corporation counsel's designee.
   “Enforcement action” means (1) the physical arrest of an individual; or (2) the issuance of a citation for a violation of law; or (3) a referral of charges by the police to the corporation counsel or other appropriate authority for prosecution.
   “Executive director” means the executive director of emergency management and communications or the executive director's designee.
   “Illegal activity” means any of the following activities, behaviors or conduct:
      1.   Disorderly conduct within the meaning of Section 8-4-010 or any comparable federal, state or local law;
      2.   Gang loitering within the meaning of Section 8-4-015 or any comparable federal, state or local law;
      3.   Narcotics-related loitering within the meaning of Section 8-4-017 or any comparable federal, state or local law;
      4.   Threats or intimidation in public places within the meaning of Section 8-4-026 or any comparable federal, state or local law;
      5.   Drinking in the public way within the meaning of Section 8-4-030 or any comparable federal, state or local law;
      6.   Trespassing within the meaning of Section 8-4-050 or any comparable federal, state or local law;
      7.   Vandalism within the meaning of Section 8-4-060 or any comparable federal, state or local law;
      8.   Public urination or defecation within the meaning of Section 8-4-081 or any comparable federal, state or local law;
      9.   Prostitution within the meaning of the Illinois Criminal Code, as amended, or any comparable federal, state or local law;
      10.   Street solicitation for prostitution in violation of Section 8-8-060 or any comparable federal, state or local law;
      11.   Illegal gambling within the meaning of Chapter 8-12 of the Municipal Code of Chicago or any comparable federal, state or local law;
      12.   Illegal possession, delivery of or trafficking in controlled substances in violation of the Controlled Substances Act, as amended, or any comparable federal, state or local law;
      13.   Any violation of the Cannabis Control Act, as amended, or any comparable federal, state or local law;
      14.   Firearms, weapons or related offenses in violation of any provision of Chapter 8-20 or Chapter 8-24 of the Municipal Code of Chicago or any comparable federal, state or local law;
      15.   Excessive noise or vibration in violation of any provision of the Chicago Noise Ordinance, Chapter 8-32 of the Municipal Code of Chicago or any comparable federal, state or local law;
      16.   Any activity, behavior or conduct that constitutes a public nuisance under any provision of the Municipal Code of Chicago or any federal, state or local law;
      17.   Any offense set forth in the Illinois Criminal Code of 1961, as amended, or in Chapter 720 of the Illinois Compiled Statutes, as amended; and
      18.   The presence of debris, litter, garbage, rubble, abandoned or junk vehicles or junk appliances in violation of the applicable provisions of the Municipal Code of Chicago or any comparable federal, state or local law.
   “Owner” has the meaning ascribed to the term in Chapter 14A-2.
   “Person associated with the premises” means any person who engages in any illegal activity while on the premises or within a reasonable period of time before or after entering, attempting to enter, intending to enter or leaving the premises.
   “Premises” means any building, real estate or real property. The term “premises” includes all facilities and appurtenances within a building and all grounds, areas and facilities held out for use by the occupants of a building.
   “Resolution agreement” means an agreement between the owner of a chronic illegal activity premises and the city setting forth specific measures that the owner or manager of the premises shall be required to take by a date certain to abate a nuisance under this section.
   “Superintendent” means the superintendent of the department of police or the superintendent's designee.
   “Tenant” means any person entitled, by written or oral agreement or by a subtenancy approved by a landlord or by sufferance, to occupy a dwelling unit or other space within a building to the exclusion of others.
   (b)   Chronic illegal activity – Public nuisance declared. Any premises that is a chronic illegal activity premises is hereby declared to be a public nuisance. Such public nuisance shall be subject to abatement in accordance with the requirements of this section. It shall be unlawful for any person (1) to maintain a public nuisance under this section or to cause such a public nuisance to be maintained on any premises under such person's ownership or control; or (2) to fail to comply with the terms of any resolution agreement or order of abatement issued under this section.
   (c)   (1)   Procedures. If the executive director or superintendent determines that a premises meets the definition of a chronic illegal activity premises and is a nuisance under this section, the executive director or superintendent, as applicable, shall notify the owner of the premises and the corporation counsel in writing of such determination, and shall provide the owner with an opportunity to meet with appropriate city officials, which may include the corporation counsel, (a) to discuss the allegations contained in the notice and the need for nuisance abatement at the premises; and (b) to enter into a possible resolution agreement with the city to abate the nuisance activity at the premises identified in the notice. In addition, a courtesy copy of such notice shall be provided to the alderman of the ward in which the premises is located. The notice required under this subsection (c)(1) shall be served upon such owner (i) by first class mail or express mail or by overnight carrier at the owner's last known residence address or, if the owner is a business entity, at any address identified for its registered agent or at its principal place of business; or (ii) by personal service to the owner, including personal service upon an employee or agent of the owner at the premises identified in the notice or otherwise if such service is reasonably calculated to give the owner actual notice; or (iii) if such service cannot be made by either of (i) or (ii) above, by posting a copy of the notice on the front entrance of the building or other structure meeting the definition of a chronic illegal activity premises or, if there is no front entrance, in any other conspicuous place on the premises. Such notice shall contain the following information:
         (A)   a statement that the premises identified in the notice has been determined to be a chronic illegal activity premises and nuisance under this section;
         (B)   a street address, parcel number or legal description sufficient to identify the premises;
         (C)   a description of the illegal activities supporting the determination that the premises is a nuisance under this section, and the date on which the illegal activities comprising the nuisance occurred;
         (D)   the owner's opportunity to request in writing, by the date certain set forth in such notice or by any other agreed upon date, a meeting with appropriate city officials, which may include the corporation counsel, to discuss the allegations contained in the notice and the need for abatement measures at the premises. At such meeting(s), the owner may enter into a possible resolution agreement with the city to abate the nuisance activity at the premises identified in the notice;
         (E)   the owner's attorney is allowed to attend such meeting(s);
         (F)   the name and address of the city official to whom a written request for such meeting should be sent and the date certain by which such written request must be received by such city official;
         (G)   if the owner fails to meet with appropriate city officials in a timely manner or fails to enter into a resolution agreement with the city or otherwise fails to abate the nuisance under this section, the corporation counsel or other appropriate city official may institute an appropriate action in the department of administrative hearings or in a court of competent jurisdiction to abate such nuisance; and
         (H)   upon a finding of liability in the department of administrative hearings or in a court of competent jurisdiction, the penalties which shall attach for a violation of this ordinance, including, but not limited to, fines and liability to the city for any and all costs incurred by the city or its agents for police service, emergency service or any other city service reasonably related to such violation of this ordinance.
      (2)   If, after the requirements set forth in paragraph (1) of this subsection (c) have been met, the corporation counsel or any other appropriate city official determines that it is necessary or desirable to bring an action in the department of administrative hearings or in a court of competent jurisdiction to abate a nuisance under this section, written notice of such action shall be provided to the owner as required by law. If such action is brought in the department of administrative hearings, any evidence on which a reasonably prudent person would rely may be considered without regard to the formal or technical rules of evidence, and the presiding authority may rely on written official reports, affidavits and other business records submitted by police officers or other authorized city officials or city employees to determine whether a public nuisance under this section occurred. Upon a finding of liability under this section, the presiding authority shall issue an order of abatement directing the owner to implement a nuisance abatement plan at the premises. Such nuisance abatement plan shall be in writing; shall provide reasonable assurance that if the plan is implemented at the premises, the nuisance at such premises will be substantially abated or eliminated in its entirety; shall include an implementation schedule for each element of the plan; and shall contain the following elements, unless the executive director or superintendent, as applicable, or the presiding authority determines that such element is not required to substantially abate or eliminate in its entirety the nuisance at the premises: (i) installing and maintaining sufficient lighting at each point of entry to and exit from the premises and in designated common areas; (ii) installing and maintaining sufficient surveillance cameras at each point of entry to and exit from the premises and in designated common areas, illuminated in such a manner so as to identify persons entering or exiting the premises; (iii) maintaining the recordings from surveillance cameras for not less than 30 days after such recording occurs; and (iv) hiring sufficient licensed and insured security personnel to patrol the premises. In addition, such nuisance abatement plan may be required to include the following elements: installing metal detectors to screen persons visiting the premises; requiring persons to produce identification upon entering the premises; maintaining a registry of all persons entering the premises; maintaining an internal log or incident reporting system documenting the owner's response to specific incidents of illegal activity on the premises; displaying appropriate signage; providing trash pick-up services; installing soundproofing insulation or taking other steps to control noise; requiring the building owner, operator or a designated representative thereof to attend monthly CAPS meetings; and other reasonable and warranted measures to abate the nuisance at the premises.
   (d)   Penalties for violation – Cost recovery authorized. Upon a finding of liability in the department of administrative hearings or in a court of competent jurisdiction any person who violates subsection (b) of this section shall be fined not less than $500.00 nor more than $1,000.00 for each offense. Any person who violates any provision of this section other than subsection (b), including, but not limited to, any violation of any provision of a resolution agreement or order of abatement, shall be fined not less than $200.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply. In addition to any fine or other penalty provided by law, and pursuant to the requirements of Chapter 1-20 of this Code, any person who violates any provision of this section, including, but not limited to, any violation of any provision of a resolution agreement or order of abatement, shall be liable to the city for any and all costs incurred by the city or its agents for police service, emergency service or any other city service reasonably related to such person's violation of any provision of this section.
   (e)   Construction of section. Nothing in this section shall be construed (1) to constitute an act of possession, ownership or control by the city over the applicable premises; or (2) to deny common law right to anyone to abate a nuisance at such premises; or (3) to affect the status of any ongoing city prosecution or other action related to such premises; or (4) to prevent the issuance of a citation to or arrest or prosecution of any person for any violation of the Municipal Code of Chicago or other applicable law at such premises; or (5) to permit at such premises any activity prohibited by law.
   (f)   Regulations. The executive director and superintendent shall have joint authority to promulgate rules and regulations necessary to implement the requirements of this section.
(Added Coun. J. 10-6-10, p. 102588, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 11-8-12, p. 38872, § 156; Amend Coun. J. 3-28-18, p. 73451, § 1; Amend Coun. J. 11-14-18, p. 90308, Art. V, § 8; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 92)
8-4-090  Drug and gang houses, houses of prostitution and other disorderly houses.
   (a)   Any premises used for prostitution, illegal gambling, illegal 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 violation of this section shall be deemed to exist unless: (1) the property is used for more than one such offense within any six-month period; or (2) the offense for which the property is used is punishable by imprisonment for one year or more.
   (a-5)   The following shall not provide, in whole or in part, a basis for a declaration under this section that a property is a public nuisance:
      (1)   any contact made to the police or other emergency services with the intent of preventing domestic or sexual violence, or seeking an emergency response to domestic or sexual violence;
      (2)   any contact made to police or other emergency services by, on behalf of, or otherwise concerning an individual with a disability, where the purpose of that contact is related to that individual's disability;
      (3)   any incident of actual or threatened domestic or sexual violence against a tenant, a household member, a guest, or any other party that occurs in or on the premises of a dwelling unit;
      (4)   criminal activity or a local ordinance violation occurring in or on the premises of a dwelling unit that is directly relating to domestic violence or sexual violence and is reported by the victim or a party seeking services or assistance for the victim and where the perpetrator is not related to or located at the property.
   (b)   Any person who owns, manages or controls any premises and who: (1) encourages or permits an illegal activity described in subsection (a) that is not subject to an exception described in subsection (a-5) to occur or continue on such premises; or (2) fails to implement reasonable and warranted abatement measures identified in the notice issued pursuant to subsection (e), or subsequently agreed to, or other abatement measures which successfully abate the nuisance within the 30-day period following the notice, or within any other agreed upon period, shall be subject to a fine according to the schedule set forth in subsection (c). Each day that a violation of this section continues shall be considered a separate and distinct offense. No person shall be found in violation of (b)(2) of this section unless the city proves by a preponderance of the evidence that the abatement measures were reasonable and warranted, and that the defendant knowingly failed to implement them. A person may be found in violation of (b)(1) or (b)(2) of this section regardless of whether an order of abatement is issued under subsection (d), or in violation of (b)(1) regardless of whether a notice has been given under subsection (e). A fine in accordance with subsection (c) may be assessed in a court of competent jurisdiction or in the buildings hearings division of the department of administrative hearings.
   (c)   Upon a finding of liability under this ordinance, the defendant shall be fined (1) not less than $3,000.00 nor more than $6,000.00 for any offense defined as a Class X felony by the Criminal Code of 1961, 720 ILCS 5, as amended (for purposes of this section, “Criminal Code”); (2) not less than $1,500.00 nor more than $3,000.00 for any offense defined as a Class 1 felony by the Criminal Code; (3) not less than $700.00 nor more than $1,400.00 for any offense defined as a Class 2 felony by the Criminal Code; (4) not less than $500.00 nor more than $1,000.00 for any offense defined as a Class 3 felony by the Criminal Code; (5) not less than $300.00 nor more than $1,000.00 for any offense defined as a Class 4 felony by the Criminal Code; and (6) not less than $200.00 nor more than $1,000.00 for all offenses not otherwise specified.
   (d)   The commissioner of buildings 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 buildings hearings division of the department of administrative hearings. The presiding authority shall issue an order of abatement upon a finding of liability under this section. The order of abatement shall require the defendant to take measures reasonably calculated to prevent the recurrence of the illegal activity. In ordering these measures, the presiding authority shall consider the magnitude of the harm caused by the nuisance, the value of the property, and the extent to which the defendant has failed to take effective measures to abate the nuisance. Those measures may include, but are not limited to, making improvements to real estate and installing lighting to enhance security, the hiring of licensed and insured security personnel, the hiring of a receiver, the initiation and execution of eviction proceedings against tenants engaged in illegal activity, or, at the request of the corporation counsel, the assignment or forfeiture to the city of all of the defendant's rights, title and interest in the real estate. Assignment or forfeiture of the defendant's rights, title and interest in the real estate shall be considered as an abatement measure only when the defendant has failed to abate a nuisance following an order issued pursuant to this paragraph, or has failed to abate a nuisance within 30 days of a notice issued pursuant to paragraph (e) of this section, and: (i) a forcible felony as defined in Section 2-8 of the Criminal Code (720 ILCS 5/2-8) is committed on the premises, or (ii) two or more violations of the Illinois Controlled Substances Act or the Cannabis Control Act occur on the property on separate days within a one year period. 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. Any order of abatement issued by an administrative law officer under this ordinance is subject to enforcement pursuant to Section 2-14-100 of this Code. Actions brought pursuant to this section in the Circuit Court of Cook County may also be accompanied by the recording of a lis pendens notice against the property.
   (e)   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 shall give written notice to the person who owns or controls the premises. Such notice shall include, but not be limited to, 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 the allegations in the notice and the need for abatement measures. Failure to implement the abatement measures requested in the notice, or those subsequently agreed to, within the 30-day period following the notice, or within any period subsequently agreed upon, comprises a violation of subsection (b)(ii) of this section.
   (f)   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.
   (g)   Any property assigned or forfeited to the city under this section may be disposed of as authorized by the city council.
(Added Coun. J. 12-9-92, p. 25986; Amend Coun. J. 7-31-96, p. 27730; Amend Coun. J. 4-29-98, p. 66564; Amend Coun. J. 8-30-00, p. 40306, § 1; Amend Coun. J. 7-27-05, p. 54342, § 1; Amend Coun. J. 3-28-18, p. 73451, § 2)
8-4-091  Prohibited manner of managing or controlling real estate.
   It shall be a violation of this section when any person who, when having management authority over or control of residential real estate, whether as a legal or equitable owner or as a managing agent or otherwise, recklessly permits the physical condition or facilities of the residential real estate to become or remain in any condition which endangers the health or safety of any person. Such conduct shall include, but not be limited to, (a) recklessly allowing property to be improperly secured, resulting in the commission of a crime against a resident of the property or against any other person, (b) recklessly allowing property to collapse or partially collapse, resulting in injury to a person inside or outside of a building, (c) recklessly allowing property to remain in violation of applicable building code, fire code, or other applicable code provisions, (d) recklessly failing to respond to reasonable requests by the city to repair a property that is in violation of an applicable provision of the Municipal Code, or (e) recklessly endangering the health and safety of any person by illegally altering or modifying a structure to increase the number of dwelling units or living spaces within the structure, or by allowing any such alteration or modification to continue or to be used. Any person found to have violated this section shall be: (a) subject to a fine of not less than $500.00 for each offense, (b) incarcerated for not more than 180 days, and/or (c) ordered to perform community service for a period not to exceed 200 hours. A separate and distinct offense shall be regarded as committed each day on which such person shall continue any such violation.
   This section shall not apply to any freestanding, owner-occupied single-family home or to any owner- occupied townhouse; provided, however, that this exception shall not apply to a single-family home, or to a townhouse, which is rented, or to any structure that is altered or modified in violation of Title 17, Section 11.13-1 (17-44-565)* of the Municipal Code. For purposes of this section a townhouse shall refer to: one of a row of houses connected by common side walls.
(Added Coun. J. 2-8-95, p. 65368; Amend Coun. J. 2-7-96, p. 15460)
* Editor's note – Section no longer exists in the Code.
8-4-100  Reserved.
Editor's note – Coun. J. 10-3-01, p. 68130, § 4, repealed § 8-4-100, which pertained to vagrancy.
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, damage or deface any public building, sewer, water pipe, or hydrant, or other city property, fixture or personal property, or any tree, grass, shrub, or walk in any public way or public park.
   Any person violating this section shall be fined not less than $500.00 nor more than $1,000.00 for each offense.
(Prior code § 193-5; Amend Coun. J. 7-29-98, p. 75096; Amend Coun. J. 7-30-14, p. 85776, § 3)
8-4-125  Use of cell phones/cameras/camera phones in public privacy areas.
   No person shall use a camera/cell phone or other device capable of preserving and/or transmitting an image in any public “privacy area”. For purposes of this section, “privacy area” shall be defined as rooms in structures, or other areas whether or not enclosed, designated for the administration of examinations, clinics, hospitals and areas where a person should reasonably expect to have privacy, including but not limited to showers, locker rooms/changing rooms, bathrooms, lactation rooms, automatic teller machine areas, and cashier lines. Possession of said devices in these areas is lawful if the image preserving and/or transmitting portion of the device is not operational.
   Videotaping, photographing and filming by law enforcement officers pursuant to a lawful criminal investigation is exempt from this section.
   Any person violating any provision of this section shall be fined not less than $5.00 nor more than $500.00 for each offense.
(Added Coun. J. 3-10-04, p. 19865, § 1; Amend Coun. J. 3-31-04, p. 21244, § 1)
8-4-126  Unauthorized video recording and live video transmission – “Upskirting” and other related offenses.
   (a)   Unlawful act. It shall be unlawful for any person to knowingly make a video record or transmit live video of another person under or through the clothing worn by that other person for the purpose of viewing the body of or the undergarments worn by that person without that person's consent.
   (b)   Definitions. As used in this section:
      (1)   “Video record” means any videotape, photograph, film, or other electronic or digital recording of a still or moving visual image; and
      (2)   “Live video” means any real-time or contemporaneous electronic or digital transmission of a still or moving visual image.
   (c)   Exemptions. The following activities shall be exempt from the provisions of this section:
      (1)   The making of a video record or transmission of live video by law enforcement officers pursuant to a criminal investigation, which is otherwise lawful; and
      (2)   The making of a video record or transmission of live video by correctional officials for security reasons or for investigation of alleged misconduct involving a person committed to the Illinois Department of Corrections, the Cook County Department of Corrections or other similar correctional agency.
   (d)   Penalty. Any person violating any provision of this section shall be fined not more than $500.00 for each offense.
(Added Coun. J. 5-28-14, p. 80908, § 1)
8-4-127  Cyberstalking ordinance.
   (a)   Definitions. For purposes of this chapter:
      (1)   “Harass” means to engage in a knowing and willful course of conduct directed at a specific person that alarms, torments or terrorizes that person.
      (2)   “Electronic communication” means any transfers of signs, signals, writings, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric or photo-optical system.
      (3)   “Electronic communication” includes transmissions by a computer through the Internet to another computer.
      (4)   “Family or household member” includes spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who shared or formerly shared a common dwelling, persons who have or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, and persons with disabilities and their personal assistants. For purposes of this ordinance neither a casual acquaintanceship nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute a dating relationship.
   (b)   Cyberstalking. No person shall cyberstalk another. Cyberstalking is an act committed when one knowingly and without lawful justification, on at least two (2) separate occasions, harasses another person through the use of electronic communication and:
      (1)   At any time transmits a threat of immediate or future bodily harm, sexual assault, confinement, or restraint and the threat is directed towards that person or a family member of that person, or
      (2)   Places that person or a family member of the person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint.
   (c)   Violation and penalty. Any person who violates this ordinance, upon conviction thereof, shall be punished by a fine of no more than $500.00 for the first offense. Subsequent convictions for cyberstalking shall be punished by a fine of no more than $1,000.00. In addition to such fines, 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 ninety (90) 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, as amended, and in the Illinois Code of Criminal Procedure of 1963, 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.
   (d)   Severability. If any provision, clause, sentence, paragraph, section or part of this chapter or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this chapter and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section, or part thereof already involved in the controversy in which such judgment have been rendered and to the person and circumstances affected thereby.
(Added Coun. J. 1-9-08, p. 19685, § 2)
8-4-130  Possession of etching materials, paint or marker unlawful.
   (a)   It shall be unlawful for any person to possess etching materials, 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 etching materials, 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)   It shall be unlawful for any person to transport, carry, possess or have any 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, in or upon or about any motor vehicle with intent to use the same to deface any building, structure or property.
   (d)   For purposes of this code, “etch” means to cut, bite, corrode or engrave on metal, glass, plastic, concrete or stone, and “etching equipment” means any tool, device, or equipment used to etch. “Etching materials” means any acid or like substance used to etch.
   (e)   Any person who violates any provision of this section shall be subject to a fine of not less than $500 and not more than $1,500 for each offense.
   (f)   A motor vehicle that is used in the violation of subsection (c) of this section shall be subject to seizure and impoundment under this subsection (f). The owner of record of such vehicle shall be liable to the city for an administrative penalty of $1,000 in addition to fees for towing and storage of the vehicle. Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this subsection, the police officer shall provide for the towing of the vehicle to a facility controlled by the city or its agents. When the vehicle is towed, the police officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violation if there is such a person, of the fact of the seizure and of the vehicle owner's right to request a preliminary hearing to be conducted under Section 2-14-132 of this Code. The provisions of Section 2-14-132 shall apply whenever a motor vehicle is seized and impounded pursuant to this section.
(Prior code § 193-5.1; Added Coun. J. 2-11-87, p. 39504; Amend Coun. J. 5-20-92, p. 17016; Amend Coun. J. 2-10-93, p. 28505; Amend Coun. 7-21-99, p. 9095; Amend Coun. J. 5-11-05, p. 48079, § 3; Amend Coun. J. 11-16-11, p. 14596, Art. I, § 1; Amend Coun. J. 11-8-12, p. 38872, § 157)
8-4-135  Defacement of commercial vehicles.
   (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. The commissioner of streets and sanitation or his designee is authorized to take action necessary for effective enforcement of this section, including the issuance of citations.
   (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 $100.00 nor more than $500.00 for each offense. Each day that a violation continues shall be considered a separate and distinct offense.
   (c)   For purposes of this section, “commercial vehicle” shall refer to: (1) 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; and (2) a railroad car or railroad container car that remains in the City of Chicago for a continuous five-day period or longer; “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.
   (d)   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; Amend Coun. J. 2-16-00, p. 25795, § 1)
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 or 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 alarms.
   Whoever, without reasonable cause, does any one or more of the following:
      (i)   by outcry or otherwise, makes or circulates, or causes to be made or circulated, any false alarm of fire; or
      (ii)   calls the number “911" for the purpose of making or transmitting a false alarm or complaint and reporting information when, at the time the call or transmission is made, the person knows that the call or transmission could result in the emergency response of any city department or agency; or
      (iii)   calls the number “911" three or more times in a 30-day period without communicating or attempting to communicate information concerning an actual or perceived emergency; or
      (iv)   calls the number “911" for the primary purpose of using threatening, vulgar, indecent or obscene language over the telephone
   shall be fined not less than $500.00 nor more than $1,000.00 for each offense. In the event that a minor violates this section, the parent or guardian having legal custody or control of the minor shall be liable for the violation.
(Prior code § 193-7; Amend Coun. J. 12-15-04, p. 40218, § 1; Amend Coun. J. 4-6-05, p. 45973, § 1)
8-4-147  Unlawful threatening objects.
   (a)   It shall be unlawful for any person to leave unattended on the public way or in a public place, or on private property except by consent of the property owner, anywhere within the city, any object that appears to be a bomb or an improvised explosive device or otherwise pose an apparently immediate threat to public safety, for example, objects that are ticking or contain suspicious-looking electronics or wires.
   (b)   It shall be unlawful for a person or business (1) to knowingly allow their goods, services or activities to be promoted by the conduct referred to in subsection (a), or (2) to initiate or direct the conduct referred to in subsection (a).
   (c)   Any person who has engaged in conduct that potentially constitutes a violation of either of subsections (a) or (b) and who becomes aware, or reasonably should be aware based on media coverage, that public resources are being expended on addressing a public scare related to such conduct, is required to immediately notify the city by calling 911. Failure to do so is a separate violation of this ordinance.
   (d)   Any person violating any provision of this section shall be fined not less than $500.00 nor more than $1.000.00 for each offense.
(Added Coun. J. 3-14-07, p. 99877, § 1)
8-4-148  Sale or possession of body armor.
   (a)   As used in this section:
      (1)   “Body Armor” means any one of the following:
         (i)   A military style flak or tactical assault vest which is made of Kevlar or any other similar material or metal, fiberglass, plastic, or nylon plates and designed to be worn over one's clothing for the intended purpose of stopping not only missile fragmentation from mines, grenades, mortar shells and artillery fire but also fire from rifles, machine guns, and small arms.
         (ii)   Soft body armor which is made of Kevlar or any other similar material or metal or any other type of insert and which is lightweight and pliable and which can be easily concealed under a shirt.
         (iii)   A military style recon/surveillance vest which is made of Kevlar or any other similar material and which is lightweight and designed to be worn over one's clothing.
         (iv)   Protective casual clothing which is made of Kevlar or any other similar material and which was originally intended to be used by undercover law enforcement officers or dignitaries and is designed to look like jackets, coats, raincoats, quilted or three piece suit vests.
         (v)   Body armor does not include non-ballistic protective clothing or protective gear lined with Kevlar that are manufactured, advertised, and sold as motorcycle protective clothing.
      (2)   “Emergency Responder” means any police officer, firefighter, paramedic, or emergency medical technician employed by, or performing their official duties within, the City of Chicago.
      (3)   “News Media” means any newspaper or other periodical issued at regular intervals whether in print or electronic format and having a general circulation; a news service whether in print of electronic format*; a radio station; a television station; a television network; a community antenna television service; and any person or corporation engaged in making news reels or other motion picture news for public showing.
* Editor’s note – So in original; should likely read “whether in print or electronic format”.
   (b)   No person shall sell, offer for sale, possess, or purchase body armor.
   (c)   The provisions of this section shall not apply to sales to, or purchase or possession by:
      (1)   active or retired peace officers;
      (2)   retired police officers;
      (3)   members of the United States armed forces, emergency responders, or licensed security officers;
      (4)   employees of the City of Chicago, State of Illinois, federal government, or other unit of local government when such employees are on duty and acting in their official capacities;
      (5)   employees of the news media when such employees are on duty and acting in their official capacities;
      (6)   persons authorized and permitted to acquire body armor for use solely as props for a motion picture, television, or video production entertainment.
   (d)   Any person who violates this section shall be subject to a fine of not less than $500.00 and not more than $1,000.00.
   (e)   Violations of this section by a licensee shall be grounds for revocation or suspension of such license. For purposes of this section, “license” includes any and all licenses issued by any officer, department or agency of the City of Chicago required for retail or other business operations at the location at which the offense occurred, and includes but is not limited to retail licenses. For purposes of this section, each sold item equals one violation.
   (f)   Severability. If any section, subsection, paragraph, or part of this ordinance is for any reason held to be unconstitutional or invalid by any final court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance.
(Added Coun. J. 3-28-18, p. 73481, § 2; Amend Coun. J. 4-18-18, p. 75059, § 2)
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  Reserved.
Editor's note – Coun. J. 3-31-04, p. 20916, § 1.1, repealed § 8-4-160, which pertained to bonfires.
8-4-170  Reserved.
Editor's note – Coun. J. 10-3-01, p. 68130, § 4, repealed § 8-4-170, which pertained to masking in public.
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, housetrailer, watercraft, aircraft, vehicle, railroad car, or any depository designed for the safekeeping of property, or any part thereof, with intent to enter any 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)
8-4-195  Illegal conduct within sports facilities.
   (a)   For purposes of this section:
      “Sports facility” means any enclosed or partially enclosed stadium used for sporting events or athletic contests or both and having a seating capacity in excess of 3,000 persons.
      “Restricted area” includes: the playing field, court, playing surface, swimming pool and any other portion of a sports facility used for sporting events or athletic contests; a locker room, a warm-up area, a team assembly area, a team bench area and any other portion of a sports facility closed by the facility operator to spectators or patrons.
   (b)   No person shall enter or remain in or on any restricted area of a sports facility except with the express permission of the facility's operator. Any person who violates this subsection (b) shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of $1,000 and incarceration for a period not less than 30 days and not more than six months.
   (c)   Within the portion of a sports facility where patrons and spectators are permitted, no person shall intentionally or knowingly, and without legal justification (1) cause bodily harm to an individual or (2) make physical contact of an insulting or provoking nature with an individual. Any person who violates this subsection (c) shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of up to $1,000.00 and/or incarceration for a period not to exceed six months.
   (d)   Actions under this section shall be filed and prosecuted as misdemeanor actions under the procedure set forth in Section 1-2-1.1 of the Illinois Municipal Code, as amended.
(Added Coun. J. 6-4-03, p. 2466, § 1)
8-4-200  Objects on sills or railings.
   It shall not be lawful 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  Reserved.
Editor’s note – Coun. J. 4-10-19, p. 100029, Art. XXI, § 3, repealed § 8-4-210, which pertained to spikes in railings and fences.
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 nonbarbed 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 an 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  Ragpicking – Peddling – Junk collection.
   No person shall engage in the occupation of ragpicking, 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 9:00 p.m. and 7:00 a.m., except in the area bounded on the north by the Chicago River, on the south by East and West Roosevelt Road, on the east by Lake Michigan and on the west by the Chicago River; provided no ragpicking 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; Amend Coun. J. 10-7-98, p. 78812)
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 $50.00 nor more than $100.00 for each offense.
(Prior code § 193-18; Amend Coun. J. 12-4-02, p. 99931, § 5.2)