Record #: O2019-5594   
Type: Ordinance Status: Failed to Pass
Intro date: 7/24/2019 Current Controlling Legislative Body: Committee on Public Safety
Final action: 5/24/2023
Title: Amendment of Municipal Code Chapter 8-4 by adding new Section 8-4-014 regarding criminal loitering in public places
Sponsors: Ervin, Jason C., Taliaferro, Chris, Burnett, Jr., Walter, Scott, Jr. Michael, Mitts, Emma
Topic: MUNICIPAL CODE AMENDMENTS - Title 8 - Offenses Affecting Public Peace, Morals & Welfare - Ch. 4 Public Peace & Welfare
Attachments: 1. O2019-5594.pdf
Related files: R2023-766
PUBLIC SAFETY

ORDINANCE


BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. Chapter 8-4, Public Peace and Welfare, of the Municipal Code of the City of Chicago is hereby amended by inserting the language underscored as new Section 8-4-014:
8-4-014 Criminal Loitering.
Whenever a police officer observes one or more persons engaged in loitering in any public place (b), the police officer shall: (i) inform all such persons that they are engaged in loitering; (ii) order all such persons to disperse and remove themselves from within sight and hearing of the place at which the order was issued; and (iii) inform those persons that they will be subject to arrest if they fail to obey the order promptly 6r engage in further loitering within sight or hearing of the place at which the order was issued during the next eight hours.
As used in this section:

Loitering means:

remaining in any one place under circumstances that would warrant a reasonable person to believe that the purpose or effect of that behavior is to facilitate illegal activity; or
standing, sitting idly, whether or not the person is in a vehicle, or remaining in or around a public place including a school or public park property; or
entering or remaining in a building in or around a public place, other than the person's residence.
Public place means the public way and any other location open to the public, whether publicly or privately owned.
(c) Any person who fails to obey promptly an order issued under subsection (a), or who
engages in further loitering within sight or hearing of the place at which such an order was
issued during the eight-hour period following the time the order was issued, is subject to a
fine of not less than $100.00 and not more than $500.00 for each offense, or imprisonment
for not more than six months for each offense, or both.
In addition to or instead of the above penalties, any person who violates this section may be required to perform up to 120 hours of commun...

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