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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)
(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)
(a) The commissioner of aviation may promulgate regulations relating to the operation of ground equipment and vehicles within the secured area, as defined in Section 10-36-360 of the Municipal code, of the airports. Penalties for violations of the regulations authorized herein shall be as set forth in Section 10-36-356. Any person charged with violating the regulations authorized herein shall be afforded the opportunity for a hearing as set forth in Section 10-36-356.
(b) Unauthorized Crossing of or Entry Onto Runways. No person shall enter onto or cross a runway without authorization from the Federal Aviation Administration control tower. Penalties for violations of this section shall be as set forth in Section 10-36-356. Any person charged with violating the regulations authorized herein shall be afforded the opportunity for a hearing as set forth in Section 10-36-356.
(Added Coun. J. 4-12-95, p. 67070)
(a) The commissioner of aviation may designate employees of the department of aviation to have the powers of members of the police force to serve process or notice for violations occurring at any airport of Sections 4-4-310, 4-6-010, 4-6-130(e)(7), 4-6-130(e)(8), 4-6-130(e)(13), 4-6-130(e)(14), 7-12-420, 7-28-060, 7-28-070, 7-28-080, 7-28-120, 7-28-150, 7-28-210, 7-28-217, 7-28-220, 7-28-225, 7-28-227, 7-28-230, 7-28-240, 7-28-260, 7-28-261, 7-28-270, 7-28-280, 7-28-300, 7-28-301, 7-28-302, 7-28-303, 7-28-305, 7-28-310, 7-28-315, 7-28-360, 7-28-380, 7-28-390, 7-28-395, 7-28-400, 7-28-410, 7-28-440, 7-28-450, 7-28-460, 7-28-510, 7-28-660, 7-28-680, 7-28-690, 7-28-710, 7-28-720, 7-28-735, 8-4-135, 10-8-220, 10-28-340, 10-8-460 and 10-8-480 of the Municipal Code of Chicago as those sections are now or hereafter amended. A copy of the designation, and any amendments thereto, shall be kept by the commissioner of aviation and shall be available to the public upon request. The powers granted by this section are expressly limited to the service of such process or notice for violations of the specified Code sections, and this section shall not be construed as granting additional law enforcement powers. During the term of any concession and lease agreement between the City of Chicago and a private operator with respect to Chicago Midway Airport, the commissioner of aviation may delegate the powers set forth in this paragraph to the Chicago Police Department, another department of the City of Chicago with jurisdiction over such matters or the private operator.
(b) All licensed scavengers operating at Chicago O'Hare International Airport and Chicago Midway Airport must comply with orders of employees of the Department of Aviation and must perform the work required of the scavengers in such a way that no nuisance is created.
(c) In addition to the requirements of Section 4-260-020, it shall be the duty of every licensed scavenger to register with the commissioner of aviation, on a form supplied by the commissioner, each and every scavenger vehicle operated at Chicago O'Hare International Airport or Chicago Midway Airport by such licensee.
(d) In addition to the requirements of Section 4-6-130(e)(7), every licensed scavenger that provides service at a site located at Chicago O'Hare International Airport or Chicago Midway Airport shall inform the commissioner of aviation of the suspension of service at such site within three days after the suspension of service. The notice shall be in a form specified by the commissioner of aviation and shall identify the licensed scavenger, the location at which the service has been suspended and the name and nature of business conducted at the site.
(e) 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 paragraphs (b) through (d) to the "Department of Aviation," the "commissioner of aviation" or the "commissioner" shall, with respect to Chicago Midway Airport, be replaced with references to the "private operator."
(Added Coun. J. 7-10-02, p. 89594, § 1; Amend Coun. J. 3-31-04, p. 20916, § 2.12; Amend Coun. J. 10-8-08, p. 41099, § 11; Amend Coun. J. 6-6-12, p. 28356, § 26; Amend Coun. J. 6-25-14, p. 82896, § 1)
As used in this chapter:
"Aircraft" includes any and all contrivances now or hereafter used for navigation of or flight in air or space, including but not limited to airplanes, airships, dirigibles, helicopters, gliders, amphibians and seaplanes.
Aircraft Parking Area, Public. "Public aircraft parking area" means any area or areas of improved land situated on an airport which are designated from time to time by the commissioner of aviation to be used for the parking and storage of aircraft and activities incidental thereto, and also for loading and unloading and activities incidental thereto in the case of noncommercial private aircraft only.
Aircraft, Public. "Public aircraft" means any aircraft owned by and used exclusively in the service of the United States Government or of any state, territory or possession of the United States or the District of Columbia, or any aircraft owned and operated by duly authorized members of the Civil Air Patrol, only when operated under competent written orders issued by authorized representatives of the Department of the Air Force, but not including any government-owned aircraft engaged in carrying persons or property for commercial purposes.
"Airport" means any public airport owned or operated by the city.
"Approved maximum landing weight" for any aircraft shall mean the maximum landing weight approved by the Federal Aviation Agency, or successor agency, for landing such aircraft at a particular airport.
Cargo Ramp Area, Public. "Public cargo ramp area" means any area or areas of improved land situated on an airport which are designated from time to time by the commissioner of aviation to be used for the loading and unloading of freight and cargo upon or from aircraft and for activities incidental thereto.
"Chartered air transport operations" means the transportation for hire of passengers, cargo and mail, or any thereof, by aircraft excepting scheduled air transport operation and includes transportation of cargo in the regular course of any business of the owner or person in control of the aircraft used for such transportation excepting scheduled air transport operators.
"Chartered air transport operator" means a person engaged in chartered air transport operations.
"Chicago Midway Airport" means the airport located in School Section 16, Township Thirty-Eight (38) North, Range Thirteen (13) East of the Third Principal Meridian which is bounded by W. 55th Street, S. Cicero Avenue, W. 63rd Street and S. Central Avenue, in the City of Chicago.
"Chicago-O'Hare International Airport" means the airport located in the townships of Leyden and Maine in Cook County, Illinois.
Landing Area, Public. "Public landing area" means any area or areas of land situated on an airport which are used or intended to be used primarily for the landing, takeoff, and taxiing of aircraft, and appurtenances thereto.
"Noncommercial private aircraft" means any aircraft other than (1) public aircraft, (2) aircraft operated or controlled by a person, firm, or corporation engaged in an air transportation business, or (3) aircraft having carried passenger(s), cargo, baggage, or mail in any combination thereof for hire during the last preceding landing at a particular airport.
"Off-airport parking service provider" means any person that provides a car parking service at a site located outside of an airport, which service uses airport roadways or other airport facilities to pickup, dropoff, or otherwise serve customers at an airport.
"Public passenger ramp area" means any area or areas of improved land situated on an airport which are designated from time to time by the commissioner of aviation to be used for the loading and unloading of passengers upon or from aircraft for activities incidental thereto.
"Regular ground transportation service" means any business conducted for the purpose of transporting airline passengers, their guests and airline personnel, their baggage and property to and from any airport under a contract with the city for the use of airport passenger vehicle driveways.
"Scheduled air transport operation" means any business conducted for the purpose of transporting persons, property and mail, or any thereof, by aircraft in regularly scheduled service between fixed points.
"Scheduled air transport operator" means a person engaged in scheduled air transport operations.
"Secured area" means an area within an airport, access to which has been restricted by the commissioner of aviation.
(Prior code § 37-14; Amend Coun. J. 6-28-91, p. 2703; Amend Coun. J. 3-31-04, p. 20916, § 2.13; Amend Coun. J. 11-18-15, p. 13522, § 1)
Any person, firm or corporation violating the provisions of this chapter shall be fined not less than $25.00 nor more than $200.00 for each offense and/or be incarcerated in a penal institution for a term of up to seven days under the procedure set forth in Section 1-2-1.1 of the Illinois Municipal Code, as amended, and each day such a violation shall continue shall be regarded as a separate offense.
(Prior code § 37-15; Amend Coun. J. 10-4-89, p. 5321)
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