1-4-090 Definitions for Code provisions.

   Unless the context requires other interpretations, the following words and terms are defined for purposes of this code as follows:

   (a)   "City" means City of Chicago;

   (b)   "State" means State of Illinois;

   (c)   "County" means County of Cook;

   (d)   "City council" means the city council of the City of Chicago;

   (e)   "Person" means any natural individual, firm, trust, partnership, association, joint venture, corporation or other legal entity, in his or its own capacity or as administrator, conservator, guardian, executor, trustee, receiver or other representative appointed by the court. Whenever the word "person" is used in any section of this code prescribing a penalty, fine, or cost recovery action as applied to partnerships, associations or joint ventures, the word shall include the members thereof, and as applied to corporations shall include the officers, agents or employees thereof who intentionally, recklessly or negligently cause or allow any violation of the section;

   (f)   "Public way" means any sidewalk, street, alley, highway or other public thoroughfare;

   (g)   "Code" means the Municipal Code of Chicago as amended from time to time, except as otherwise explicitly provided in Titles 14A, 14B, 14C, 14E, 14F, 14G, 14M, 14N, 14P, 14R, and 14X in connection with the adoption by reference of a model building code;

   (h)   "Building code" or "building provisions of this Code" means: Titles 13 (excepting Chapter 13-72), 14A, 14B, 14C, 14E, 14F, 14G, 14M, 14N, 14P, 14R, 14X and 18 (excepting Chapter 18-14); Chapters 2-22, 7-4, 7-28; Article III of Chapter 11-4; Article I of Chapter 11-16; Chapter 11-18; Chapters 15-8, 15-12 and 15-16, Section 8-4-090; and all other provisions of this Code establishing or relating to construction, plumbing, heating, electrical, fire prevention, sanitation, zoning, or other health and safety standards relating to structures, except to the extent authority for enforcement and administration is conferred exclusively on a department or agency other than the department of buildings or on an officer other than the building commissioner and except as specifically provided in Titles 14A, 14B, 14C, 14E, 14F, 14G, 14M, 14N, 14P, 14R, and 14X;

   (h-1)   "Conveyance Device Code" or "conveyance device regulations of this Code" means Title 14C;

   (i)   "Electrical Code" or "electrical regulations of this Code" means Article II of Chapter 13-12 and Title 14E;

   (j)   "Fire Code" or "fire regulations of this Code" means Title 14F, Chapter 2-36, Chapter 15-4, Chapter 15-8, Chapter 15-16, Chapter 15-20, Chapter 15-24, Chapter 15-26, and Chapter 15-28 of this Code;

   (k)   "Chief financial officer" means the chief financial officer of the City appointed by the mayor or, if there is no such officer then holding that office, the city comptroller.

   (l)   "Rule" means the whole or part of any statement, communication, standard, procedure or requirement of general applicability, having the force of law, issued by a department or department head pursuant to authority delegated by law to such department or department head that (1) implements or applies law or policy, or (2) prescribes the procedural requirements of a department including an amendment, modification, suspension or repeal of any such statement, communication, standard, procedure or requirement. The term "rule" encompasses any and all references to "rules and regulations" set forth in this Code.

(Added Coun. J. 6-27-90, p. 17764; Amend Coun. J. 10-2-95, p. 8019; Amend Coun. J. 3-28-01, p. 55444, § 2; Amend Coun. J. 12-4-02, p. 99026, § 2.1; Amend Coun. J. 7-21-04, p. 28443, § 1; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 1-13-10, p. 83085, § 3; Amend Coun. J. 6-30-10, p. 95086, § 3; Amend Coun. J. 11-8-12, p. 38872, § 2; Amend Coun. J. 12-12-12, p. 44485, § 9; Amend Coun. J. 10-28-15, p. 11951, Art. X, § 1; Amend Coun. J. 5-18-16, p. 24131, § 1; Amend Coun. J. 9-6-17, p. 55278, Art. II, § 1; Amend Coun. J. 3-28-18, p. 74459, Art. II, § 1 & Art. V, § 1; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 1)

1-4-100 Interpretation of language.

   Whenever any words in any section of this Code import the plural number, the singular shall be deemed to be included, and whenever the singular shall be used, it shall be deemed to include the plural.

   Whenever the masculine gender is used in this Code, all genders shall be deemed to be included.

   Words in the present tense shall be deemed to include the future tense.

   The words "written" and "in writing" may include printing.

   Except as otherwise explicitly provided in this Code, the word "shall" as used in this Code is mandatory.

   Headings provided in the various sections of this Code are for convenience and reference only and should not be considered part of the text of any section.

   References in this Code to wards by number, without an accompanying boundary or other geographic description, shall be deemed to refer to the geographic configuration of the referenced ward at the time the ordinance containing that ward reference was enacted into law.

   References in this Code to the power to close a business, establishment or premises, in whole or in part, for engaging in unlicensed business activity in violation of this Code, including but not limited to violation of Title 4 or Title 9 of this Code, shall include, without limitation, the power to issue a cease and desist order or any other lawful order necessary or appropriate to accomplish the closure.

(Added Coun. J. 6-27-90, p. 17764; Amend Coun. J. 5-9-12, p. 27485, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. VIII, § 1; Amend Coun. J. 11-21-17, p. 61755, Art. XIII, § 1; Amend Coun. J. 10-7-20, p. 21440, § 1)

1-4-110 References to sections include penalty references – Exceptions.

   Reference to any section of this Code shall be understood to refer to and include the penalty provision relating thereto, unless otherwise expressly provided. In case of the amendment of any section of this Code containing provisions for which a penalty is provided in another section, the penalty so provided in such other section shall be held to relate to the section so amended, whether reenacted in the amendatory ordinance or not, unless such penalty is specifically repealed therein.

(Added Coun. J. 6-27-90, p. 17764)

1-4-120 Penalty for violation of Code.

   Whenever in any section of this Code the doing of any act or the omission to do any act or duty is declared to be a violation thereof, and there shall be no fine or penalty declared for such violation, any person who shall be convicted or found liable of any such violation shall be fined not less than $25.00 nor more than $500.00 for each such violation.

   A penalty imposed for the violation of any provision of this Code may include or consist of a requirement that the defendant perform reasonable community service. Such community service may include, but shall not be limited to, the removal of litter on public property or the maintenance of public facilities. In every case brought under this Code, where community service is part of a disposition, the corporation counsel shall request that the service be performed in the same community where illegal conduct giving rise to the case occurred.

   A penalty imposed for the violation of any provision of this Code may include an assessment of costs reasonably related to instituting the judicial or administrative proceeding resulting in the imposition of the penalty.

   In any case that this Code specifies a mandatory fine, mandatory period of incarceration or other mandatory penalty for a code violation, any requirement of community service or assessment of costs imposed for the Code violation pursuant to this section shall be in addition to the mandatory penalty.

   Whenever this Code refers to an offense, violation or conviction for purposes of establishing a penalty for a violation of this Code, the offense, violation or conviction may either be the result of an administrative hearing or a court proceeding.

(Added Coun. J. 6-27-90, p. 17764; Amend Coun. J. 6-10-96, p. 23797; Amend Coun. J. 7-10-96, p. 24987; Amend Coun. J. 4-29-98, p. 66566; Amend Coun. J. 6-9-99, p. 5102)

1-4-125 Restitution – License or permit violations.

   (a)   Any person who violates any provision of this Code by failing to obtain a license or permit when required by the Code, or by failing to obtain any insurance required under any permit or license issued to such person, shall in addition to any fine or penalty specified by this Code, be required to make restitution to the city in the full amount of all liabilities, judgments, settlements, costs, damages and expenses which may in any way come against the city, in whole or in part as a result of any act, omission or thing done by said person, for which the license or permit was required.

   (b)   The restitution requirement of this section shall apply whether or not any negligence on the part of the city or its officers or employees also contributed in part to any such liabilities, judgments, settlements, costs, damages and expenses.

(Added Coun. J. 1-14-04, p. 17349, § 1)

1-4-130 Maximum fine or penalty.

   Whenever in this Code a minimum but no maximum fine or penalty is imposed, the court may in its discretion fine the offender any sum of money exceeding the minimum fine or penalty so fixed, but not exceeding the sum of $500.00.

(Added Coun. J. 6-27-90, p. 17764)

1-4-140 Offenses having two penalties.

   In all cases where the same offense is made punishable or is created by different clauses or sections of this Code, the corporation counsel may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense.

(Added Coun. J. 6-27-90, p. 17764)