(a) It shall be unlawful for any person to own or operate a defaced commercial vehicle in the City of Chicago, subject to the exceptions provided in this section. The commissioner of streets and sanitation or his designee is authorized to take action necessary for effective enforcement of this section, including the issuance of citations.
(b) Any person who owns or operates a defaced commercial vehicle in the City of Chicago, when such defacement is not placed upon such vehicle by the owner, lessee, or person lawfully in possession of the vehicle, or a person acting with the consent of the owner, lessee or person lawfully in possession, shall be fined not less than $100.00 nor more than $500.00 for each offense. Each day that a violation continues shall be considered a separate and distinct offense.
(c) For purposes of this section, "commercial vehicle" shall refer to: (1) a motor vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise and includes, but is not limited to, tow trucks, semi- trailers and trailers; and (2) a railroad car or railroad container car that remains in the City of Chicago for a continuous five-day period or longer; "defacement" or "defaced" shall refer to any marking or drawing on a commercial vehicle but does not refer to:
(1) Any sign, marking, drawing or communication relating to the business that owns or operates the vehicle which is placed on the vehicle with the consent of the person or commercial or industrial enterprise that owns or operates the vehicle;
(2) Any marking that was placed upon the vehicle in the manufacturing process or as part of any repair or re-painting of the vehicle;
(3) Any form of business identification;
(4) Any sign or symbol relating to safety;
(5) Any sign, symbol or marking required by federal, state or local law or regulation;
(6) Any sign or symbol relating to hazardous materials or waste;
(7) Any sticker or sign affixed by the seller or dealer of a commercial vehicle; or
(8) Any marking or drawing, placed upon a vehicle by the owner of the vehicle or a person acting with the consent of the owner.
(d) It is a rebuttable presumption under this section that any defacement placed on a commercial vehicle that is not referred to in those exceptions set forth in subsections (1) through (7) above was placed on the vehicle by a person other than the owner or operator of the vehicle.
(Added Coun. J. 12-1-93, p. 43378; Amend Coun. J. 2-16-00, p. 25795, § 1)