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)