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
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.
8-4-076 Assault against emergency workers.
8-4-077 Assault against City employees, officials, and contractors with enforcement authority.
8-4-080 Definitions – Assault defined – Mandatory sentence.
8-4-081 Public urination or defecation.
8-4-083 Threatening material on private property.
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 and cyber-flashing.
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 Security footprint.
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.
8-4-305 Unlawful representation as transportation network driver.
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.
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, though for a second or subsequent violation of subsection (j), the violator shall be fined $1,000.00.
(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; Amend Coun. J. 9-21-22, p. 51937, § 2)
(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.
(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)
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