10-36-350 Protection of First Amendment activities.

   The commissioner of aviation shall also have the authority to promulgate reasonable rules and regulations governing the time, place, manner, and duration of protected First Amendment activities at all airports pursuant to this section and his authority as the commissioner under Chapter 2-20 of this Code.

(Prior code § 37-13.12)

10-36-351 Commissioner of aviation – Authority to establish secured areas.

   The commissioner of aviation may establish secured areas within the city's airports. In establishing such an area, the commissioner shall consider: the size and nature of the area; the nature of activities customarily conducted therein; the impact of the proposed secured area on the safety and efficiency of airport operations; and the impact of the proposed secured area on public convenience in moving through the airport. Security areas shall be clearly marked.

(Added Coun. J. 6-28-91, p. 2706)

10-36-352 Commissioner of aviation – Authority to issue security badges.

   The commissioner of aviation shall issue security badges, in a form determined by the commissioner, to those persons whose presence is required for or appropriate to the activities conducted in a secured area. The commissioner may issue temporary badges to persons whose presence is temporarily necessary or appropriate to the activities conducted in the secured area or who are present to study those activities with consent of the commissioner. Each badge issued under this section shall indicate the secured areas to which the badge applies.

(Added Coun. J. 6-28-91, p. 2706)

10-36-353 Security badges nontransferable – Access to secured area.

   A.   No person shall transfer or assign a security badge to another person. No person shall enter or remain in a secured area except:

      (a)   A passenger entering or departing an aircraft and under supervision of airline personnel;

      (b)   A person to whom a temporary security badge applicable to that area has been issued;

      (c)   A person escorted by a person in possession of a valid, permanent security badge applicable to that area; or

      (d)   A person in possession of a valid, permanent security badge applicable to that area.

   B.   Any person who seeks to enter a secured area, or to remain in such area, shall at all times prominently display a security badge (which may also be referred to as an identification card) issued by the commissioner of aviation or an identification card approved by the Federal Aviation Administration. Such security badge shall be displayed above the waist on a person's outermost garment. No person shall allow the use of any security badge required herein by anyone other than the person to whom the badge is issued. Persons who have access to the secured area can enter secured areas only at authorized portals and in such manner as designated by the commissioner. In the case of an access controlled door to the secured area, each airport identification badge holder shall swipe and enter their personal identification number (P.I.N.) to gain access to the secured area while each Federal Aviation Administration approved identification card holder shall enter their air crew P.I.N. number. Any person to whom a security badge is issued shall have the following duties:

      (i)   verifying that any person requesting access to a secured area possesses a valid airport photo identification badge for that area;

      (ii)   denying access to a secured area to a person not possessing a valid airport photo identification badge;

      (iii)   questioning any person in a secured area who is not displaying an airport photo identification badge or who has an incorrect or invalid airport photo identification badge for the secured area, unless the person to whom the security badge has been issued reasonably fears for his personal safety; and

      (iv)   immediately reporting and describing to airport security or the Chicago Police any person not displaying an airport photo identification, or possessing an incorrect or invalid airport photo identification badge, or refusing upon request to allow an examination of their identification badge.

   No person who enters a secured area shall allow any other person access to such area. Persons who are authorized to escort others into a secured area must at all times direct and control the movement of the person or persons being escorted while within the secured area.

   Any person who fails to display the badge required herein or who fails to perform the duties imposed by this section shall be subject to the penalties provided in Section 10-36-356 of this Code.

   The commissioner shall have authority to promulgate rules and regulations necessary to implement this section.

   C.   For purposes of this section, "secured area" shall refer to that portion of an airport designated and used for landing, taking off or surface maneuvering of airplanes and shall also refer to any area beyond department of aviation security posts, or within perimeter security fencing, or any doorway leading from any building adjacent to an air operations area.

(Added Coun. J. 6-28-91, p. 2706; Amend Coun. J. 5-18-94, p. 50791; Amend Coun. J. 4-12-95, p. 67070; Amend Coun. J. 11-1-00, p. 43031, § 1)

10-36-354 Security badge – Reporting requirements, late renewal.

   A person to whom a security badge has been issued shall report to the commissioner of aviation the loss, theft, mutilation of or damage to the badge within 24 hours after such occurrence. The report shall be in writing. If the person has received the badge as a result of his employment, the person's employer shall also be responsible for filing the report. The commissioner shall collect a charge for the replacement of a security badge of $50.00 or, in the case of a second or subsequent occurrence with respect to an individual's badge within a 24-month period, $100.00. Expired security badges must be timely renewed within the time period allowed for such renewal by a federal agency which has jurisdiction over the issuance of such badges. Any person who fails to timely renew his or her security badge shall be subject to a late processing fee of $50.00, or such lesser amount, as set by the commissioner by regulation, which is sufficient to cover the additional processing costs that the city incurs as a result of the late renewal. During the term of any concession and lease agreement between the City of Chicago and a private operator with respect to Chicago Midway Airport, all references in this section to the "commissioner of aviation" or "commissioner" shall, with respect to Chicago Midway Airport, be replaced with references to the "private operator" and the private operator shall be authorized to collect a charge for the replacement of a security badge in accordance with a fee schedule established by the private operator.

(Added Coun. J. 6-28-91, p. 2706; Amend Coun. J. 12-15-04, p. 39840, § 1; Amend Coun. J. 10-8-08, p. 41099, § 11; Amend Coun. J. 11-17-10, p. 106597, Art. V, § 4)

10-36-355 Commissioner of aviation – Authority to issue rules.

   The commissioner of aviation shall issue rules for the administration and enforcement of Sections 10-36-353 and 10-36-354. The rules shall include such matters as: periodic renewal of security badges; issuance of badges to employees or agents of persons doing business at an airport; surrendering of badges upon separation or transfer from employment; procedures and forms for applications and reports; and display of security badges.

(Added Coun. J. 6-28-91, p. 2706; Amend Coun. J. 6-25-21, p. 31673, § 3)

10-36-356 Violation – Penalty.

   (a)   Any person who violates Sections 10-36-351 through 10-36-354, or any rule issued under Section 10-36-355, shall be fined not more than $100.00 for a first offense, and not more than $200.00 for a second offense, and not more than $500.00 for each subsequent offense. Each day that a violation continues shall constitute a separate and distinct offense. The violator shall also be liable for reimbursement to the city of any fine or penalty paid by the city as a result of such person's violations. The commissioner of aviation may also revoke or refuse to reissue the security badge or identification card of the violator.

   (b)   To enforce Sections 10-36-351 through 10-36-355, or Section 10-36-357, or any violation of the Fire Code at Chicago O'Hare International Airport or Chicago Midway International Airport, the commissioner of aviation or the commissioner's designee may conduct hearings in accordance with this section. Before any applicable fine or penalty is imposed, the opportunity for a hearing shall be provided, and, if requested in a timely manner, a hearing shall be held. A person charged with violating the aforementioned sections or Fire Code may decline to contest the allegation. In case of such declination, the hearing officer shall assess the applicable fine or penalty in accordance with this section. Notice of a hearing shall be personally served upon the person alleged to have violated the aforementioned sections or Fire Code at least ten days prior to the hearing date. The person before whom the hearing is held shall not have been involved in the initial decision to seek imposition of a fine or other applicable penalty. At the hearing, the person alleged to have violated the aforementioned sections or Fire Code may be represented by counsel, present documentary evidence and/or live testimony, and may cross-examine witnesses called by the department of aviation. The department shall present sufficient evidence from witnesses having personal knowledge of the offense to prove, by a preponderance of the evidence, that one or more violations of the aforementioned sections or Fire Code occurred. The strict rules of evidence applicable to judicial proceedings shall not apply to hearings under this section. The commissioner of the department of aviation or the commissioner's designee: (1) shall be the official custodian of the records of each hearing held pursuant to this section; and (2) upon request, provide to the fire commissioner a copy of the records of any such hearing involving violations of the Fire Code. The record of each hearing shall include: (a) a record of the testimony presented at the hearing, which may be made by tape recording or other appropriate means; (b) any document presented at the hearing; and (c) a copy of the written notice of hearing that was personally served in accordance with this section.

   Following the hearing, the commissioner or his or her designee shall issue in writing a decision stating whether a fine shall be imposed, and the amount of such fine. The decision shall become effective ten days following the issuance of the decision. The fine shall be payable to the City of Chicago. The person to whom a sanction is applied may file a complaint in a court of competent jurisdiction seeking to review the decision. Nothing in this section shall affect the ability of the City of Chicago to seek relief in a judicial proceeding.

(Added Coun. J. 6-28-91, p. 2706; Amend Coun. J. 5-18-94, p. 50791; Amend Coun. J. 4-12-95, p. 67070; Amend Coun. J. 6-25-21, p. 31673, § 4)