ARTICLE XV. JUNK PEDDLER (4-6-150 et seq.)

4-6-150 Junk peddlers.

   (a)   Definitions. As used in this section:

   "Fence" means and includes any place for the purchase, reception or keeping of stolen goods.

   "Junk" means, but is not limited to, old iron; chain; brass; copper; tin; lead or other base metals; old rope; old bags; rags; wastepaper; paper clippings; scraps of woolens; clips; bagging; rubber and glass; empty bottles of different kinds and sizes when the number of each kind or size is less than one gross; all materials, elements and components that have been used or have been purchased to be used in building construction or rehabilitation projects; and all articles and things discarded or no longer in use.

   "Junk" includes items and materials stored for resale with no more processing than sorting, crushing or separation from other items and materials.

   "Junk peddler" means any person who travels, with or without a vehicle, from place to place within the city for the purpose of collecting, transporting or disposing of junk or who makes a business of purchasing junk from anyone who desires to sell it and carries it away upon purchasing it. The term "junk peddler" does not include any person issued a permit to operate a recycling facility under Article XX of Chapter 11-4 of this Code or any agent of such person.

   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of junk peddler shall be accompanied by the following information:

      (1)   a statement as to whether, within three years of the date of application or renewal, the applicant or any controlling person has ever been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony or criminal offense of whatever degree involving keeping, conducting, operating or participating in any illegal operation connected with the junk peddler business;

      (2)   the color, make, model, vehicle license plate number and city wheel tax license emblem number of every vehicle used in relation to junk peddling by the applicant;

      (3)   proof of liability insurance for every vehicle used in relation to junk peddling by the applicant, as required by the Illinois Vehicle Code, codified at 625 ILCS 5/1-100 et seq.

   (c)   License issuance and renewal – Prohibited when. No regulated business license to engage in the business of junk peddler shall be issued to any applicant or licensee, as applicable, who, within three years of the date of application or renewal, has ever been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony or criminal offense of whatever degree involving keeping, conducting, operating or participating in any illegal operation connected with the junk peddler business, unless, upon request of such person, the Commissioner has determined that such person has been substantially rehabilitated to warrant the public trust. The burden of proof of substantial rehabilitation shall be on the person seeking such rehabilitation.

   (d)   Departmental duties.

      (1)   The Commissioner of Business Affairs and Consumer Protection shall notify the Commissioner of Health, the Commissioner of Streets and Sanitation, and the Superintendent of Police of the name and junk peddler license number of every junk peddler licensed under this section.

      (2)   The Department of Business Affairs and Consumer Protection shall issue to each licensee an identification card stating the junk peddler's name, address, telephone number, driver's license number, and junk peddler license number.

   (e)   Legal duties. Each licensee engaged in the business of junk peddler shall have a duty to:

      (1)   observe and comply with all provisions of this Code related to use of the public way, solid waste disposal and sanitation;

      (2)   display on each side and the rear of every junk vehicle used for the collection, transportation or disposal of any junk, in letters not less than two inches in height and in contrasting color, the following information: the licensee's name, business telephone number and city junk peddler license number;

      (3)   carry the identification card issued under subsection (d)(2) of this section at all times while the licensee is engaged in the business of junk peddler;

      (4)   upon request by any authorized city official, make available for inspection by such authorized city official or aldermen (i) any goods, article, thing or junk which may have been lost or stolen, or which is alleged to have been lost or stolen; (ii) the licensee's business premises; (iii) any vehicle used in relation to the licensee's business; and (iv) junk;

      (5)   lawfully dispose of junk by hauling or otherwise bringing junk to a junk facility, recycling facility, transfer station, landfill or other solid waste disposal facility properly permitted by the city in accordance with the requirements of Chapter 11-4 of this Code;

      (6)   keep and maintain, in the form of records and receipts, proof of proper disposal of junk.

   (f)   Prohibited acts. It shall be unlawful for any licensee engaged in the business of junk peddler to:

      (1)   engage in the business of a pawnbroker, secondhand dealer or pop-up retail user;

      (2)   park any vehicle used in relation to junk peddling on any residential or business street in violation of Section 9-64-170 of this Code;

      (3)   or operate any vehicle used in relation to junk peddling in such a manner as to present a danger or hazard to pedestrians and/or other vehicles using the public way. Conduct that may create a hazard includes, but is not limited to, operating a vehicle with unsecured loads or disassembling or discarding items on the public way;

      (4)   purchase any article from any minor without the written consent of such minor's parent or guardian, which consent shall be signed in the presence of the licensee or the licensee's agent;

      (5)   purchase any item from a person who (i) appears to be intoxicated or under the influence of any drug; or (ii) is known by the licensee to be a thief or to have been convicted of burglary or theft;

      (6)   engage in any illegal activity or violate any state law related to stolen goods;

      (7)   transact business before the hour of 6:00 a..m. or after the hour of 9:00 p.m.;

      (8)   purchase, collect, transport or dispose of any catalytic converter that is not attached to a motor vehicle, or any portion of a dismantled catalytic converter that is reasonably identifiable as such;

      (9)   remove any recyclable material from a recycling container located on the public way in violation of Section 11-5-085.

   (g)   Penalty. In addition to any other penalty provided by law, any person who violates any provision of this section or any rule or regulation promulgated thereunder shall be subject to a fine of not less than $500.00 nor more than $1,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. In addition, such violation may be punishable as a misdemeanor by incarceration in the county jail for a term of not less than 7 days nor more than 180 days under the procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code and under the provisions of the Illinois Code of Criminal Procedure.

(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 6-6-12, p. 28356, § 1B; Amend Coun. J. 11-8-12, p. 38872, § 61; Amend Coun. J. 5-6-15, p. 108540, § 1; Amend Coun. J. 7-20-16, p. 28694, § 2; Amend Coun. J. 9-20-18, p. 84293, § 2; Amend Coun. J. 4-19-23, p. 62651, § 5)

ARTICLE XVI. DEBT COLLECTORS (4-6-160 et seq.)

4-6-160 Debt collectors.

   (a)   Definitions. As used in this section:

   "Consumer debt" means money, property, or their equivalent, due or owing, or alleged to be due or owing, from a debtor by reason of a consumer credit transaction.

   "Debt collection" means any act or practice in connection with the collection of consumer debt.

   "Debt collector" means any person who in the ordinary course of business, on behalf of himself or others, regularly engages in consumer debt collection. A "debt collector" does not include any person exempt from registration as a debt collector pursuant to Section 2.03 of the Illinois Collection Agency Act, 225 ILCS 425/2.03.

   "Debtor" means any natural person who resides in the city and from whom a debt collector seeks to collect consumer debt.

   (b)   Legal duties. Each licensee engaged in the business of a debt collector shall have the following duties:

      (1)   comply with all applicable state and federal laws and regulations regulating the collection of consumer debt, including, but not limited to, the Fair Debt Collection Act, 15 U.S.C. § 1692, the Illinois Collection Agency Act, 225 ILCS 425/1, and the Consumer Fraud and Deceptive Practices Act, 815 ILCS 505/1.

      (2)   (A)   unless otherwise restricted or prohibited from communicating with the debtor by state or federal law, within five days of the initial communication with a debtor in connection with the collection of consumer debt, a debt collector shall, unless the following information was contained in the initial communication or the debtor has paid the consumer debt, send the debtor a written notice with each of the following disclosures:

            (i)   the amount of the consumer debt;

            (ii)   the name of the creditor to whom the consumer debt is owed;

            (iii)   that, unless the debtor, within 30 days after receipt of the notice, disputes the validity of the consumer debt, or any portion thereof, the debt collector will assume the consumer debt to be valid;

            (iv)   that, if the debtor notifies the debt collector in writing within the 30-day period that the consumer debt, or any portion thereof, is disputed, the debt collector will obtain verification of the consumer debt or a copy of a judgment against the debtor and will mail a copy of the verification or judgment to the debtor;

            (v)   that, upon the debtor's written request within the 30-day period, the debt collector will provide the debtor with the name and address of the original creditor, if different from the current creditor.

   If the disclosures are placed on the back of the notice, the front of the notice shall contain a statement notifying the debtors of the fact.

         (B)   If the debtor notifies the debt collector in writing within the 30-day period set forth in subsection (b)(2)(A) that the consumer debt, or any portion thereof, is disputed or that the debtor requests the name and address of the original creditor, the debt collector shall cease collection of the consumer debt, or any disputed portion thereof, until the debt collector obtains verification of the consumer debt or a copy of a judgment or the name and address of the original creditor and mails a copy of the verification or judgment or name and address of the original creditor to the debtor.

   For purposes of this subsection (b)(2), verification of the consumer debt shall include a statement of account that: (i) itemizes the interest, charges and fees claimed to be owed prior to the charge-off, the original charge-off balance, and the principal balance, if different from the charge-off balance; (ii) itemizes any interest, charges or fees claimed to be owed after the charge-off balance; and (iii) identifies and describes the basis of the debtor's obligation to pay.

      (3)   unless otherwise prohibited by state or federal law, commencing on July 1, 2013, a debt collector shall maintain a separate file, either in electronic or paper format, for each consumer debt that: the debt collector attempts to collect from each debtor, in a manner that is searchable by the name, address and zip code of the debtor and the creditor who originated the consumer debt which the debt collector is seeking to collect. Each file shall contain the following records:

         (i)   a record of all written communications with the debtor; provided that the debt collector shall produce a copy of any written communication with the debtor, in a manner and time, as requested or required by the commissioner;

         (ii)   a record of each payment received from the debtor that states the date of receipt, the method of payment and the consumer debt to which the payment was applied;

         (iii)   a copy of the consumer debt payment schedule or settlement agreement reached with the debtor to pay the consumer debt; and

         (iv)   with regard to any consumer debt that the debt collector has purchased, a record of the name and address of the entity from which the debt collector purchased the consumer debt, the date of the purchase and the amount of the consumer debt at the time of purchase.

   (c)   License revocation – Four-year wait for new license. No person whose debt collector license under this chapter is revoked for any cause shall be granted a license under this section, under the same or different name, for a period of four years from the date of revocation.

   (d)   Regulations. The commissioner shall have the authority to promulgate rules and regulations necessary to implement this section.

   (e)   Violation – Penalty. In addition to any other penalty provided, any person who violates this section or any rule or regulation promulgated hereunder shall be fined not less than $250.00 nor more than $2,500.00 for the first offense and not less than $500.00 nor more than $5,000.00 for a second or any subsequent offense during any 12-month period. Each day that a violation continues shall constitute a separate and distinct offense.

(Added Coun. J. 1-17-13, p. 45326, § 1)

Editor's note – Coun. J. 11-8-12, p. 38872, §§ 62, 63, repealed a former § 4-6-160, which pertained to funeral businesses.

ARTICLE XVII. HOSPITAL (4-6-170 et seq.)

4-6-170 Hospitals.

   (a)   Definitions. As used in this section:

   "Hospital" has the meaning ascribed to the term in Section 85/3 of the Hospital Licensing Act, codified at 210 ILCS 85/1 et seq. Provided, however, that the term "hospital" shall not refer to any facility operated by any federal, state, county or local government or any agency thereof.

   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of hospital shall be accompanied by the following information:

      (1)   proof that the applicant holds a current and valid license issued by the State of Illinois;

      (2)   a statement setting forth (i) the location or proposed location of the hospital; (ii) the purpose of the hospital; (iii) whether the hospital is for-profit or not-for-profit; (iv) if the hospital is not-for-profit, whether such not-for-profit hospital qualifies for a disproportionate share adjustment consistent with Section 148.120 of Subchapter d of Chapter 1 of Title 89 of the Illinois Administrative Code, as amended, codified at 89 Ill. Adm. Code § 148.120; (v) the nature of the treatment given or proposed to be given at the hospital; and (vi) the name and address of the chief physician or chief executive officer;

      (3)   any other information that may be required by the department or in rules promulgated by the Commissioner of Public Health.

   (c)   License issuance and renewal – Prohibited when. No regulated business license to engage in the business of hospital shall be issued to the following persons:

      (1)   any applicant or licensee, as applicable, who does not hold a current and valid license issued by the State of Illinois pursuant to the Hospital Licensing Act.

   (d)   Departmental duties – Inspections.

      (1)   The Board of Health may make recommendations to the City Council relating to the construction of new hospital buildings, proposed closings of hospitals, and alterations to buildings now being used as hospitals.

      (2)   The commissioner of health, the fire commissioner, the executive director of emergency management and communications, the commissioner of business affairs and consumer protection and their respective designees are authorized: (1) to inspect, at reasonable hours or in case of an emergency, any hospital licensed or required to be licensed under this chapter for the purpose of determining compliance with the requirements of subsection (e)(6) of this section; and (2) to examine the applicable books and records of any person licensed or required to be licensed under this chapter in order to corroborate the quantities of hazardous chemicals reported or required to be reported by the owner or operator of the facility under Section 11-4-1200.

   (e)   Legal duties. Each licensee engaged in the business of hospital shall have a duty to:

      (1)   comply with the Illinois Hospital Licensing Act and any rules and regulations promulgated thereunder;

      (2)   comply with all applicable building provisions and fire regulations of this Code and with any rules and regulations promulgated thereunder. Failure to comply with such provisions and regulations shall be grounds for license suspension or revocation in accordance with Section 4-4-280;

      (3)   report immediately to the department of police, when a person who is not accompanied by a Chicago police officer, requests treatment for any of the following injuries:

         i.   any injury resulting from the discharge of a firearm;

         ii.   any injury or wound apparently inflicted by any object used as a weapon;

         iii.   any injury sustained in the commission of or as a victim of a criminal offense;

         iv.   any animal or human bite;

         v.   any poisoning;

         vi.   any injury sustained on public property;

         vii.   any injury in which a moving motor vehicle was involved;

         viii.   any injury of any cause where it is evident that death will probably ensue as a direct result thereof, or when death has resulted.

   Provided, however, that the hospital shall not be responsible for an inaccurate report if such report is based on inaccurate information provided by the patient or a person accompanying the patient.

      (4)   Upon reporting a rape, an attempted rape or other felonious sex crime to the police, take the following actions:

         (a)   The victim shall be taken to the nearest hospital designated for the comprehensive emergency treatment of patients as defined in the Illinois Hospital Licensing Act and approved by the Commissioner of Public Health;

         (b)   The victim shall be taken into the hospital through an entrance appropriate to the maintenance of privacy;

         (c)   The victim shall receive an immediate preliminary physical examination by the attending physician to identify and treat any emergencies other than the rape, such as fractures, knife wounds, contusions or lacerations;

         (d)   The consenting victim will be interviewed by a trained hospital staff member in a private setting. The hospital staff member will evaluate and counsel the victim and advise follow-up care for the victim, either through the receiving hospital or through the appropriate outside agencies;

         (e)   The hospital staff member, with consent of the victim, will remain with the victim during the preliminary police investigation primarily to provide support to the victim and to also assist the police in obtaining information needed to properly carry out their investigation;

         (f)   During this period, the name of the victim and the circumstances attendant to the incident will not be publicized by the hospital, the police department or any other agency. The hospital staff member will so inform the victim;

         (g)   The consenting victim will be examined by a qualified medical professional who will fill out a prescribed form detailing the time, date, place and findings of the examination, and note the location of any contusions, abrasions, bruises and lacerations;

         (h)   With the victim's written consent, a copy of the prescribed form will be furnished to the appropriate investigating police officer, the State's Attorney, and the venereal disease section of the Department of Public Health when appropriate. Within seven days the form will be typewritten, signed by the examining medical professional and furnished upon request to the aforementioned agencies;

         (i)   The consenting victim will be furnished with anticonception and antivenereal disease treatment, unless contraindicated for medical reasons;

         (j)   The comprehensive hospital will accept any alleged victim who appears without police assistance. Such hospitals will continue to notify the police department in accordance with the requirements set forth in subsection (e)(3) of this section. The hospital will then follow the procedure heretofore enumerated;

      (5)   report to the department of health, as such department may require from time to time in rules and regulations duly promulgated by the commissioner of health. All such reports shall be furnished to the department of health on forms prepared by such department and the truthfulness and accuracy of the contents thereof shall be verified and signed by the chief physician or administrator of the applicable hospital;

      (6)   keep and maintain on file, for a period of not less than three years, all written materials used to document the quantity of each hazardous chemical present at the hospital, if such chemical is present at the hospital in an amount that exceeds the threshold level for reporting as established by regulations promulgated under Title III of the Superfund Amendments and Reauthorization Act of 1986, codified at 42 U.S.C. 11001, et seq. In addition to any other penalty provided by law, a single violation of this subsection may result in license suspension or revocation in accordance with Section 4-4-280 of this Code;

      (7)   upon request, to make the records required under this section available for inspection, during regular business hours or in case of emergency, by any city official charged with responsibility for enforcing this chapter.

   (f)   Prohibited acts. It shall be unlawful for any licensee engaged in the business of hospital to:

      (1)   deny to any person admission or treatment on account of such person's race, color, creed, national origin or ancestry. The requirements of this subsection shall apply to the licensed hospital, as well as to it employees and agents.

   (g)   Rules.

      (1)   Pursuant to Section 2-112-070, the Commissioner of Public Health may adopt and enforce rules relating to the operation and conduct of hospitals licensed under this chapter. Pursuant to Section 2-112-110, the Commissioner of Public Health shall enforce all rules relating to the operation of hospitals promulgated by any federal, state, or local authority with the power to make such rules.

      (2)   The Commissioner of Public Health shall adopt and publish rules regarding facilities rendering care and services in maternity, perinatal, and neonatal cases. Such rules shall comply with all applicable State of Illinois laws and rules and regulations regarding maternity care, and with the guidelines established by the American Academy of Obstetricians and Gynecologists (A.A.O.G.) for perinatal care.

      (3)   The Commissioner of Public Health shall adopt and publish rules regarding the reporting of trauma care cases to the Department of Public Health.

((Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 11-8-12, p. 38872, § 64; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 12; Amend Coun. J. 2-24-21, p. 27657, Art. III, § 8)

ARTICLE XVIII. HOTEL (4-6-180 et seq.)