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(a) Definitions. For purposes of this section, the following definitions shall apply:
"Bullying" is a form of harassment and is defined as an intentional act that causes harm to others that may involve verbal harassment, verbal or non-verbal threats, physical assault, stalking, or other methods of coercion which is reasonably likely to intimidate, emotionally abuse, slander, threaten or intimidate another person.
"Harassment" means an unwanted and hurtful action which can include unwelcome conduct such as verbal abuse, graphic or written statements, threats, physical assault, sexual advances, request for sexual favors, conduct of a sexual nature or other conduct that is threatening or humiliating related to the person's race, color, religion, sex, sexual orientation, age, disability, or national origin.
(b) Prohibition. No person shall engage in any bullying or harassment of a person or induce another person to engage in such bullying or harassment.
(c) Penalties. Any person who shall violate any provision of this section shall be fined not less than $100 but not more than $250 for a first offense. Any subsequent violation shall be subject to a fine of not less than $250 but not more than $500.
(Added Coun. J. 11-8-17, p. 58452, § 1)
(a) No person shall, by reason of any motive or intent relating to, or any antipathy, animosity or hostility based upon, the actual or perceived race, color, sex, religion, national origin, age, ancestry, sexual orientation, gender identity, active or prior military status, or mental or physical disability of another individual or group of individuals:
(1) Commit assault as defined in Section 12-1 of the Illinois Criminal Code of 1961 (Illinois Revised Statutes Chapter 38, paragraph 12-1); or
(2) Deface, mar, injure, destroy or remove property in violation of Section 8-4-040 of this Code; or
(3) Commit trespass as defined in Section 8-4-050 of this Code; or
(4) Commit vandalism as defined in Section 8-4-060 of this Code; or
(5) Disturb a place of worship in violation of Section 8-4-110 of this Code; or
(6) Engage in harassment by telephone as defined in Section 1-1 of "An Act to prohibit the use of telephone and telegraph lines for the sending of certain messages" (Illinois Revised Statutes Chapter 134, paragraph 16-4.1).
(b) Any person who violates this section shall be subject to a fine of $500.00 or may be imprisoned for not more than six months, or may be subject to both such fine and imprisonment. In addition to such penalty, any person found guilty of violating this section may be ordered to pay restitution to the aggrieved party, and may be ordered to perform community service pursuant to Section 1-4-120 of this Code.
(c) Notwithstanding any other provision of this section, any conduct in violation of this section that is punishable under state or federal law by a term of imprisonment in excess of six months shall not be prosecuted under this section.
(d) As used in this section, "sexual orientation" means a person's actual or perceived sexual and emotional attraction, or lack thereof, to another person.
(e) As used in this section, "active or prior military status" means any active duty or former military service personnel of the United States Armed Services, including the Reserves, National Guard and the Reserve Officers' Training Corps (ROTC).
(Added Coun. J. 12-19-90, p. 27888; Amend Coun. J. 11-18-15, p. 14409, § 3; Amend Coun. J. 4-21-21, p. 29725, § 2; Amend Coun. J. 4-27-22, p. 46382, § 24)
(a) For purposes of this section, the following definitions shall apply:
"Peace officer" shall have the meaning ascribed to the term in Section 8-20-010 of this Code.
"Security personnel" means special agents employed by a railroad or public utility to perform police functions, guards of armored car companies, watchmen, security guards or persons regularly employed in a commercial or industrial operation for the protection of persons employed by, or property related to, such commercial or industrial operation, and watchmen while in the performance of the duties of their employment.
(b) No member of the Chicago Police Department, peace officer or security personnel employed or engaged in his or her duties within the corporate boundaries of the City of Chicago shall use actual or perceived race, ethnicity, gender, religion, national origin, disability, sexual orientation, gender identity, marital status, parental status, military discharge status, financial status or lawful source of income as the sole factor in determining the existence of probable cause to stop, question, place in custody or arrest an individual or in constituting a reasonable and articulable suspicion that an offense has been or is being committed so as to justify the detention of an individual or the investigatory stop of a motor vehicle.
(Added Coun. J. 6-6-01, p. 60144, § 1; Amend Coun. J. 1-21-15, p. 102425, § 2)
(a) Definitions. As used in this section, unless the context indicates otherwise:
"Chronic illegal activity premises" means any premises that is the subject matter of three or more calls for police service on three different days within any 90-day period resulting in (1) a case report documenting an investigation of illegal activity within the premises; or (2) enforcement action against any tenant or person associated with the premises for illegal activity occurring within the premises or within one block or one thousand feet of the premises. Provided, however, that the following shall not be counted when determining whether a premises meets the definition of a chronic illegal activity premises:
(1) any illegal activity reported to the police department by the building owner or the building owner's agent via the city's 9-1-1 emergency telephone system;
(2) incidents of domestic violence, as defined in the Illinois Domestic Violence Act of 1986, as amended;
(3) any contact made to the police or other emergency services with the intent of preventing domestic or sexual violence, or seeking an emergency response to domestic or sexual violence;
(4) any contact made to police or other emergency services by, on behalf of, or otherwise concerning an individual with a disability, where the purpose of that contact is related to that individual's disability;
(5) any incident of actual or threatened domestic or sexual violence against a tenant, a household member, a guest or any other party that occurs in or on the premises of a residential dwelling unit;
(6) criminal activity or a local ordinance violation occurring in or on the premises of a residential dwelling unit that is directly relating to domestic violence or sexual violence and is reported by the victim or a party seeking services or assistance for the victim.
"Corporation counsel" means the corporation counsel of the City of Chicago or the corporation counsel's designee.
"Enforcement action" means (1) the physical arrest of an individual; or (2) the issuance of a citation for a violation of law; or (3) a referral of charges by the police to the corporation counsel or other appropriate authority for prosecution.
"Executive director" means the executive director of emergency management and communications or the executive director's designee.
"Illegal activity" means any of the following activities, behaviors or conduct:
1. Disorderly conduct within the meaning of Section 8-4-010 or any comparable federal, state or local law;
2. Gang loitering within the meaning of Section 8-4-015 or any comparable federal, state or local law;
3. Narcotics-related loitering within the meaning of Section 8-4-017 or any comparable federal, state or local law;
4. Threats or intimidation in public places within the meaning of Section 8-4-026 or any comparable federal, state or local law;
5. Drinking in the public way within the meaning of Section 8-4-030 or any comparable federal, state or local law;
6. Trespassing within the meaning of Section 8-4-050 or any comparable federal, state or local law;
7. Vandalism within the meaning of Section 8-4-060 or any comparable federal, state or local law;
8. Public urination or defecation within the meaning of Section 8-4-081 or any comparable federal, state or local law;
9. Prostitution within the meaning of the Illinois Criminal Code, as amended, or any comparable federal, state or local law;
10. Street solicitation for prostitution in violation of Section 8-8-060 or any comparable federal, state or local law;
11. Illegal gambling within the meaning of Chapter 8-12 of the Municipal Code of Chicago or any comparable federal, state or local law;
12. Illegal possession, delivery of or trafficking in controlled substances in violation of the Controlled Substances Act, as amended, or any comparable federal, state or local law;
13. Any violation of the Cannabis Control Act, as amended, or any comparable federal, state or local law;
15. Excessive noise or vibration in violation of any provision of the Chicago Noise Ordinance, Chapter 8-32 of the Municipal Code of Chicago or any comparable federal, state or local law;
16. Any activity, behavior or conduct that constitutes a public nuisance under any provision of the Municipal Code of Chicago or any federal, state or local law;
17. Any offense set forth in the Illinois Criminal Code of 1961, as amended, or in Chapter 720 of the Illinois Compiled Statutes, as amended; and
18. The presence of debris, litter, garbage, rubble, abandoned or junk vehicles or junk appliances in violation of the applicable provisions of the Municipal Code of Chicago or any comparable federal, state or local law.
"Owner" has the meaning ascribed to the term in Chapter 14A-2.
"Person associated with the premises" means any person who engages in any illegal activity while on the premises or within a reasonable period of time before or after entering, attempting to enter, intending to enter or leaving the premises.
"Premises" means any building, real estate or real property. The term "premises" includes all facilities and appurtenances within a building and all grounds, areas and facilities held out for use by the occupants of a building.
"Resolution agreement" means an agreement between the owner of a chronic illegal activity premises and the city setting forth specific measures that the owner or manager of the premises shall be required to take by a date certain to abate a nuisance under this section.
"Superintendent" means the superintendent of the department of police or the superintendent's designee.
"Tenant" means any person entitled, by written or oral agreement or by a subtenancy approved by a landlord or by sufferance, to occupy a dwelling unit or other space within a building to the exclusion of others.
(b) Chronic illegal activity – Public nuisance declared. Any premises that is a chronic illegal activity premises is hereby declared to be a public nuisance. Such public nuisance shall be subject to abatement in accordance with the requirements of this section. It shall be unlawful for any person (1) to maintain a public nuisance under this section or to cause such a public nuisance to be maintained on any premises under such person's ownership or control; or (2) to fail to comply with the terms of any resolution agreement or order of abatement issued under this section.
(c) (1) Procedures. If the executive director or superintendent determines that a premises meets the definition of a chronic illegal activity premises and is a nuisance under this section, the executive director or superintendent, as applicable, shall notify the owner of the premises and the corporation counsel in writing of such determination, and shall provide the owner with an opportunity to meet with appropriate city officials, which may include the corporation counsel, (a) to discuss the allegations contained in the notice and the need for nuisance abatement at the premises; and (b) to enter into a possible resolution agreement with the city to abate the nuisance activity at the premises identified in the notice. In addition, a courtesy copy of such notice shall be provided to the alderman of the ward in which the premises is located. The notice required under this subsection (c)(1) shall be served upon such owner (i) by first class mail or express mail or by overnight carrier at the owner's last known residence address or, if the owner is a business entity, at any address identified for its registered agent or at its principal place of business; or (ii) by personal service to the owner, including personal service upon an employee or agent of the owner at the premises identified in the notice or otherwise if such service is reasonably calculated to give the owner actual notice; or (iii) if such service cannot be made by either of (i) or (ii) above, by posting a copy of the notice on the front entrance of the building or other structure meeting the definition of a chronic illegal activity premises or, if there is no front entrance, in any other conspicuous place on the premises. Such notice shall contain the following information:
(A) a statement that the premises identified in the notice has been determined to be a chronic illegal activity premises and nuisance under this section;
(B) a street address, parcel number or legal description sufficient to identify the premises;
(C) a description of the illegal activities supporting the determination that the premises is a nuisance under this section, and the date on which the illegal activities comprising the nuisance occurred;
(D) the owner's opportunity to request in writing, by the date certain set forth in such notice or by any other agreed upon date, a meeting with appropriate city officials, which may include the corporation counsel, to discuss the allegations contained in the notice and the need for abatement measures at the premises. At such meeting(s), the owner may enter into a possible resolution agreement with the city to abate the nuisance activity at the premises identified in the notice;
(E) the owner's attorney is allowed to attend such meeting(s);
(F) the name and address of the city official to whom a written request for such meeting should be sent and the date certain by which such written request must be received by such city official;
(G) if the owner fails to meet with appropriate city officials in a timely manner or fails to enter into a resolution agreement with the city or otherwise fails to abate the nuisance under this section, the corporation counsel or other appropriate city official may institute an appropriate action in the department of administrative hearings or in a court of competent jurisdiction to abate such nuisance; and
(H) upon a finding of liability in the department of administrative hearings or in a court of competent jurisdiction, the penalties which shall attach for a violation of this ordinance, including, but not limited to, fines and liability to the city for any and all costs incurred by the city or its agents for police service, emergency service or any other city service reasonably related to such violation of this ordinance.
(2) If, after the requirements set forth in paragraph (1) of this subsection (c) have been met, the corporation counsel or any other appropriate city official determines that it is necessary or desirable to bring an action in the department of administrative hearings or in a court of competent jurisdiction to abate a nuisance under this section, written notice of such action shall be provided to the owner as required by law. If such action is brought in the department of administrative hearings, any evidence on which a reasonably prudent person would rely may be considered without regard to the formal or technical rules of evidence, and the presiding authority may rely on written official reports, affidavits and other business records submitted by police officers or other authorized city officials or city employees to determine whether a public nuisance under this section occurred. Upon a finding of liability under this section, the presiding authority shall issue an order of abatement directing the owner to implement a nuisance abatement plan at the premises. Such nuisance abatement plan shall be in writing; shall provide reasonable assurance that if the plan is implemented at the premises, the nuisance at such premises will be substantially abated or eliminated in its entirety; shall include an implementation schedule for each element of the plan; and shall contain the following elements, unless the executive director or superintendent, as applicable, or the presiding authority determines that such element is not required to substantially abate or eliminate in its entirety the nuisance at the premises: (i) installing and maintaining sufficient lighting at each point of entry to and exit from the premises and in designated common areas; (ii) installing and maintaining sufficient surveillance cameras at each point of entry to and exit from the premises and in designated common areas, illuminated in such a manner so as to identify persons entering or exiting the premises; (iii) maintaining the recordings from surveillance cameras for not less than 30 days after such recording occurs; and (iv) hiring sufficient licensed and insured security personnel to patrol the premises. In addition, such nuisance abatement plan may be required to include the following elements: installing metal detectors to screen persons visiting the premises; requiring persons to produce identification upon entering the premises; maintaining a registry of all persons entering the premises; maintaining an internal log or incident reporting system documenting the owner's response to specific incidents of illegal activity on the premises; displaying appropriate signage; providing trash pick-up services; installing soundproofing insulation or taking other steps to control noise; requiring the building owner, operator or a designated representative thereof to attend monthly CAPS meetings; and other reasonable and warranted measures to abate the nuisance at the premises.
(d) Penalties for violation – Cost recovery authorized. Upon a finding of liability in the department of administrative hearings or in a court of competent jurisdiction any person who violates subsection (b) of this section shall be fined not less than $500.00 nor more than $1,000.00 for each offense. Any person who violates any provision of this section other than subsection (b), including, but not limited to, any violation of any provision of a resolution agreement or order of abatement, shall be fined not less than $200.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply. In addition to any fine or other penalty provided by law, and pursuant to the requirements of Chapter 1-20 of this Code, any person who violates any provision of this section, including, but not limited to, any violation of any provision of a resolution agreement or order of abatement, shall be liable to the city for any and all costs incurred by the city or its agents for police service, emergency service or any other city service reasonably related to such person's violation of any provision of this section.
(e) Construction of section. Nothing in this section shall be construed (1) to constitute an act of possession, ownership or control by the city over the applicable premises; or (2) to deny common law right to anyone to abate a nuisance at such premises; or (3) to affect the status of any ongoing city prosecution or other action related to such premises; or (4) to prevent the issuance of a citation to or arrest or prosecution of any person for any violation of the Municipal Code of Chicago or other applicable law at such premises; or (5) to permit at such premises any activity prohibited by law.
(f) Regulations. The executive director and superintendent shall have joint authority to promulgate rules and regulations necessary to implement the requirements of this section.
(Added Coun. J. 10-6-10, p. 102588, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 11-8-12, p. 38872, § 156; Amend Coun. J. 3-28-18, p. 73451, § 1; Amend Coun. J. 11-14-18, p. 90308, Art. V, § 8; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 92)
(a) Any premises used for prostitution, illegal gambling, illegal possession or delivery of or trafficking in controlled substances, or any other activity that constitutes a felony, misdemeanor, business offense or petty offense under federal, state or municipal law is hereby declared to be a public nuisance; provided that no public nuisance or violation of this section shall be deemed to exist unless: (1) the property is used for more than one such offense within any six-month period; or (2) the offense for which the property is used is punishable by imprisonment for one year or more.
(a-5) The following shall not provide, in whole or in part, a basis for a declaration under this section that a property is a public nuisance:
(1) any contact made to the police or other emergency services with the intent of preventing domestic or sexual violence, or seeking an emergency response to domestic or sexual violence;
(2) any contact made to police or other emergency services by, on behalf of, or otherwise concerning an individual with a disability, where the purpose of that contact is related to that individual's disability;
(3) any incident of actual or threatened domestic or sexual violence against a tenant, a household member, a guest, or any other party that occurs in or on the premises of a dwelling unit;
(4) criminal activity or a local ordinance violation occurring in or on the premises of a dwelling unit that is directly relating to domestic violence or sexual violence and is reported by the victim or a party seeking services or assistance for the victim and where the perpetrator is not related to or located at the property.
(b) Any person who owns, manages or controls any premises and who: (1) encourages or permits an illegal activity described in subsection (a) that is not subject to an exception described in subsection (a-5) to occur or continue on such premises; or (2) fails to implement reasonable and warranted abatement measures identified in the notice issued pursuant to subsection (e), or subsequently agreed to, or other abatement measures which successfully abate the nuisance within the 30-day period following the notice, or within any other agreed upon period, shall be subject to a fine according to the schedule set forth in subsection (c). Each day that a violation of this section continues shall be considered a separate and distinct offense. No person shall be found in violation of (b)(2) of this section unless the city proves by a preponderance of the evidence that the abatement measures were reasonable and warranted, and that the defendant knowingly failed to implement them. A person may be found in violation of (b)(1) or (b)(2) of this section regardless of whether an order of abatement is issued under subsection (d), or in violation of (b)(1) regardless of whether a notice has been given under subsection (e). A fine in accordance with subsection (c) may be assessed in a court of competent jurisdiction or in the buildings hearings division of the department of administrative hearings.
(c) Upon a finding of liability under this ordinance, the defendant shall be fined (1) not less than $3,000.00 nor more than $6,000.00 for any offense defined as a Class X felony by the Criminal Code of 1961, 720 ILCS 5, as amended (for purposes of this section, "Criminal Code"); (2) not less than $1,500.00 nor more than $3,000.00 for any offense defined as a Class 1 felony by the Criminal Code; (3) not less than $700.00 nor more than $1,400.00 for any offense defined as a Class 2 felony by the Criminal Code; (4) not less than $500.00 nor more than $1,000.00 for any offense defined as a Class 3 felony by the Criminal Code; (5) not less than $300.00 nor more than $1,000.00 for any offense defined as a Class 4 felony by the Criminal Code; and (6) not less than $200.00 nor more than $1,000.00 for all offenses not otherwise specified.
(d) The commissioner of buildings or other authorized representative of the city may bring an action to abate a public nuisance described by this section in a court of competent jurisdiction or in the buildings hearings division of the department of administrative hearings. The presiding authority shall issue an order of abatement upon a finding of liability under this section. The order of abatement shall require the defendant to take measures reasonably calculated to prevent the recurrence of the illegal activity. In ordering these measures, the presiding authority shall consider the magnitude of the harm caused by the nuisance, the value of the property, and the extent to which the defendant has failed to take effective measures to abate the nuisance. Those measures may include, but are not limited to, making improvements to real estate and installing lighting to enhance security, the hiring of licensed and insured security personnel, the hiring of a receiver, the initiation and execution of eviction proceedings against tenants engaged in illegal activity, or, at the request of the corporation counsel, the assignment or forfeiture to the city of all of the defendant's rights, title and interest in the real estate. Assignment or forfeiture of the defendant's rights, title and interest in the real estate shall be considered as an abatement measure only when the defendant has failed to abate a nuisance following an order issued pursuant to this paragraph, or has failed to abate a nuisance within 30 days of a notice issued pursuant to paragraph (e) of this section, and: (i) a forcible felony as defined in Section 2-8 of the Criminal Code (720 ILCS 5/2-8) is committed on the premises, or (ii) two or more violations of the Illinois Controlled Substances Act or the Cannabis Control Act occur on the property on separate days within a one year period. The order of abatement may also authorize the issuance of ex parte administrative search warrants reasonably calculated to determine whether the nuisance has been abated or whether the order of the court or hearing officer has been obeyed. Any order of abatement issued by an administrative law officer under this ordinance is subject to enforcement pursuant to Section 2-14-100 of this Code. Actions brought pursuant to this section in the Circuit Court of Cook County may also be accompanied by the recording of a lis pendens notice against the property.
(e) Whenever the commissioner of buildings, the superintendent of police or other authorized representative of the city reasonably believes that any premises constitutes a public nuisance as described in this section, he or she shall give written notice to the person who owns or controls the premises. Such notice shall include, but not be limited to, stating that a nuisance exists and identifying reasonable abatement measures that must be taken within 30 days of the notice. The notice shall be in writing and may be served in person or sent by certified mail, return receipt requested. The notice shall provide the recipient a reasonable opportunity to meet with a representative of the city to discuss the allegations in the notice and the need for abatement measures. Failure to implement the abatement measures requested in the notice, or those subsequently agreed to, within the 30-day period following the notice, or within any period subsequently agreed upon, comprises a violation of subsection (b)(ii) of this section.
(f) For purposes of this section, "premises" includes any parcel of property and the building or structure, if any, which is situated on the property, and any portion of the public way that abuts the parcel of property when it is used in conjunction with the abutting property for the commission of illegal activity.
(g) Any property assigned or forfeited to the city under this section may be disposed of as authorized by the city council.
(Added Coun. J. 12-9-92, p. 25986; Amend Coun. J. 7-31-96, p. 27730; Amend Coun. J. 4-29-98, p. 66564; Amend Coun. J. 8-30-00, p. 40306, § 1; Amend Coun. J. 7-27-05, p. 54342, § 1; Amend Coun. J. 3-28-18, p. 73451, § 2)
It shall be a violation of this section when any person who, when having management authority over or control of residential real estate, whether as a legal or equitable owner or as a managing agent or otherwise, recklessly permits the physical condition or facilities of the residential real estate to become or remain in any condition which endangers the health or safety of any person. Such conduct shall include, but not be limited to, (a) recklessly allowing property to be improperly secured, resulting in the commission of a crime against a resident of the property or against any other person, (b) recklessly allowing property to collapse or partially collapse, resulting in injury to a person inside or outside of a building, (c) recklessly allowing property to remain in violation of applicable building code, fire code, or other applicable code provisions, (d) recklessly failing to respond to reasonable requests by the city to repair a property that is in violation of an applicable provision of the Municipal Code, or (e) recklessly endangering the health and safety of any person by illegally altering or modifying a structure to increase the number of dwelling units or living spaces within the structure, or by allowing any such alteration or modification to continue or to be used. Any person found to have violated this section shall be: (a) subject to a fine of not less than $500.00 for each offense, (b) incarcerated for not more than 180 days, and/or (c) ordered to perform community service for a period not to exceed 200 hours. A separate and distinct offense shall be regarded as committed each day on which such person shall continue any such violation.
This section shall not apply to any freestanding, owner-occupied single-family home or to any owner- occupied townhouse; provided, however, that this exception shall not apply to a single-family home, or to a townhouse, which is rented, or to any structure that is altered or modified in violation of Title 17, Section 11.13-1 (17-44-565)* of the Municipal Code. For purposes of this section a townhouse shall refer to: one of a row of houses connected by common side walls.
(Added Coun. J. 2-8-95, p. 65368; Amend Coun. J. 2-7-96, p. 15460)
* Editor's note – Section no longer exists in the Code.
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