Chicago Police DepartmentSpecial Order S04-26-14
Damage to Public Property
Issue Date:20 November 2015Effective Date:20 November 2015
Rescinds: 22 March 2013 version
Index Category:Preliminary Investigations
I.Purpose
This directive informs Department members of the enforcement procedures for:
  • A.Municipal Code of Chicago (MCC) 8-4-120: Damage to Public Property, and
  • B.Illinois Compiled Statutes (ILCS) 720 ILCS 5/21-1.01: Criminal Damage to Government Supported Property.
II.Relevant Statutes
  • A.Municipal Code of Chicago (MCC) 8-4-120: Damage to Public Property states, “No person shall cut, injure, mark, or deface any public building, sewer, water pipe, hydrant, or other city property, fixture or personal property, or any tree, grass, shrub, or walk in any public way or public park.”
  • B.Illinois Compiled Statutes (ILCS) 720 ILCS 5/21-1.01: Criminal Damage to Government Supported Property states "A person commits criminal damage to government supported property when he or she knowingly:
    • 1.damages any government supported property without consent of the State;
    • 2.by means of fire or explosive damages government supported property;
    • 3.starts a fire on government supported property without the consent of the State; or
    • 4.deposits on government supported land or in a government supported building, any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building."
NOTE:
"Government supported" means any property supported in whole or in part with State funds, funds of a unit of local government or school district, or federal funds administered or granted through State agencies.
III.Procedures
  • A.Department members will no longer use an Administrative Notice of Ordinance Violation (ANOV), Personal Service Citation, or Violation Notice Citation to enforce MCC 8-4-120: Damage to Public Property.
    EXCEPTION:
    Department members may continue to use ANOV citations to enforce municipal ordinances that specifically address the unnecessary waste of water, e.g., MCC 11-12-070 Using Hydrants and MCC 11-12-080 Injuring or Obstructing Hydrants.
  • B.When responding to an incident which involves damage to City of Chicago property (e.g., public buildings, street signs, vehicles) that will not be reported on a Illinois Traffic Crash Report. Department members will:
    • 1.complete a Cost Recovery Incident Form (CPD-61.230)
    • 2.forward the completed form, along with any supporting documentation, to the station supervisor or designated unit supervisor following the procedures outlined in the Department directive entitled "Potential Cost Recovery Incidents-City of Chicago."
    NOTE:
    Department members will NOT submit the Cost Recovery Incident Form for Department vehicle traffic crashes or any other incidents resulting in the City of Chicago to be listed in the Damaged Properties field of the Illinois Traffic Crash Report.
  • C.Additionally, if the cause of the damage was:
    • 1.ACCIDENTAL (e.g., traffic crash, non-criminal, unintentional), Department members will complete the appropriate case / traffic crash report and take no enforcement action in respect to Damage to Public Property, MCC 8-4-120.
    • 2.CRIMINAL (e.g., graffiti, criminal damage to property, DUI traffic crash), Department members will complete the appropriate case / traffic crash report and, if an offender is arrested,
      • a.enforce Damage to Public Property, MCC 8-4-120 using the Class "C" Misdemeanor/Ordinance Violation complaint, or
      • b.Criminal Damage to Government Supported Property, 720 ILCS 5/21-1.01 using a Misdemeanor or Felony Complaint, consistent with existing procedures.
(Items indicated by italics/double underline have been added or revised.)
Authenticated by: KC
Garry F. McCarthy
Superintendent of Police
15-140 SDR