7-28-620 Reserved.

Editor's note – Coun. J. 10-14-21, p. 37722, Art. XIV, § 13, repealed § 7-28-620, which pertained to chemical closets.

ARTICLE IV. OFFENSIVE CHEMICALS AND SUBSTANCES (7-28-630 et seq.)

7-28-630 Possession and sale – Violation – Penalty.

   It shall be unlawful for any person to have in his possession, or for any person to carry about, any corrosive or caustic acid, including but not limited to sulfuric acid, phosphorus, or any solution or mixture thereof, or any hydrogen sulfide, valerianic acid, ammonium valerianate, valerianate of zinc, or any other nauseous, offensive, or filthy substance of like or similar nature; provided, that this provision shall not apply to manufacturing and wholesale druggists, retail druggists, physicians, chemists, regularly established laboratories, or to persons who have procured any of said substances for medicinal purposes upon a prescription of a physician regularly licensed under the laws of the state.

   No person shall sell, give away, or offer to sell or give away, or have in his possession any stink ball or fire ball, or any bomb, ball tube, vial, or bottle made of thin glass or other easily breakable material containing any of the above-mentioned substances.

   Any violation of this section shall be subject to a fine of not less than $500.00 nor more than $1,500.00 for each offense.

(Prior code § 99-53; Amend Coun. J. 11-10-10, p. 105160, § 2)

7-28-631 Corrosive or caustic acid registry.

   Restrictions on purchase, receipt, or acquisition of any corrosive or caustic acid.

   (a)   Except as provided in subsection (c) of this section, any person wishing to purchase, receive, or otherwise acquire any corrosive or caustic acid, including but not limited to sulfuric acid, shall, prior to taking possession:

      (1)   provide a driver's license or other government-issued identification showing the person's name, date of birth, and photograph; and

      (2)   sign a log documenting the name and address of the person, date and time of the transaction, and brand and product name and total quantity distributed of any corrosive or caustic acid, including but not limited to sulfuric acid.

   (b)   Except as provided in subsection (c) of this section, no person shall knowingly purchase, receive, or otherwise acquire more than one package from a retail location in a 24-hour period.

   (c)   This section shall not apply to manufacturing and wholesale druggists, retail druggists, physicians, chemists, regularly established laboratories, or to persons who have procured any of said substances for medicinal purposes upon a prescription of a physician regularly licensed under the laws of the state.

   The Commissioner of the Department of Business Affairs and Consumer Protection shall have the authority to promulgate rules and regulations for the implementation and enforcement of this section.

(Added Coun. J. 11-10-10, p. 105160, § 3; Amend Coun. J. 11-8-12, p. 38872, § 144)

7-28-635 Sale of mercury thermometers containing mercury substance.

   No person shall knowingly sell, give away, or offer to sell or give away any mercury fever thermometer, including online retail, to consumers and patients, except by prescription. It shall also be unlawful for any person to manufacture a mercury thermometer in the City.

   Any person violating any provisions of this section shall be fined not less than $50.00 nor more than $200.00 for each offense.

(Added Coun. J. 7-25-01, p. 64934, § 1)

7-28-637 BPA-free kids ordinance.

   (a)   Definitions. For purposes of this section:

   "Bisphenol A" shall mean the chemical produced in large quantities for use primarily in the production of polycarbonate plastic and epoxy resins with the chemical structure of C15 H16 O2.

   "Container" shall mean any empty bottle or cup that is specifically designed to be filled with food or liquid to be used primarily by a child under the age of three (3).

   (b)   Limitations on Bisphenol A content. It shall be unlawful for any person, firm or corporation to sell, offer or expose for sale, give or furnish any container that is composed of Bisphenol A that is sold or distributed without containing any liquid, food, or beverage; and

   (c)   Notice – Required. Any retailer shall post a sign in the store that clearly and conspicuously notifies customers that containers offered for sale in the store are not composed of Bisphenol A. The department of business affairs and consumer protection shall promulgate rules and regulations in order to enforce this subsection.

   (d)   Violation. Any person violating any of the provisions of this section shall be fined not less than $100.00 nor more than $300.00 for the first offense, and not less than $300.00 nor more than $500.00 for the second and each subsequent offense. Each day that a violation continues shall constitute a separate and distinct offense. In addition to such fines, the permit, license or certificate of operation of such person may be suspended or revoked in accordance with the provisions of this Code.

   (e)   Enforcement. The department of business affairs and consumer protection shall enforce this section. The department is also authorized to adopt rules and regulations for the proper administration and enforcement of the provisions of this section. The department of public health shall have the authority to enforce this section.

   (f)   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 has been rendered and to the person and circumstances affected thereby.

(Added Coun. J. 5-13-09, p. 62794, § 2; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

7-28-639 Gel fuel – Prohibition on sale.

   (a)   As used in this section, the term "gel fuel" shall mean any semi-solid, pourable gelatinous material containing ethyl alcohol manufactured for use in firepots, fire pits, fireplaces, tiki torches and other similar products.

   (b)   It shall be unlawful for any person to sell, offer or expose for sale, give or furnish any gel fuel within the City of Chicago.

   (c)   Notwithstanding the foregoing provisions of this section, gel fuel manufactured for food warming purposes shall not be subject to the limitations set forth herein.

   (d)   Any person violating this section shall be fined not less than $100.00 nor more than $300.00 for the first offense, and not less than $300.00 nor more than $500.00 for the second and each subsequent offense. Each day that a violation continues shall constitute a separate and distinct offense.

(Added Coun. J. 10-5-11, p. 7954, § 2)

7-28-640 Prescription required – Violation – Penalty.

   It shall be unlawful for any person to sell or give away any corrosive or caustic acid or any phosphorus or solution thereof, or any hydrogen sulphide, valerianic acid, ammonium valerianate, valerianate of zinc, or any solution or mixture of said substances, or any other nauseous, offensive, or filthy substances of like or similar nature, except upon the written prescription of a physician licensed under the laws of the state, which prescription shall be filled only once and shall have written upon it the name and address of the patient. This section shall not apply to sales at wholesale by manufacturing or wholesale druggists to retail druggists, physicians, or chemists.

   Any person violating any provision of this section shall be fined not less than $50.00 nor more than $200.00 for each offense.

(Prior code § 99-54)