Chicago Police DepartmentSpecial Order S04-14-04
Parking and Compliance Violations
Issue Date:31 October 2019Effective Date:31 October 2019
Rescinds:31 July 2012 Version
Index Category:Preliminary Investigations
I.Purpose
This directive:
  • A.continues:
    • 1.the use of the City of Chicago Violation Notice book for enforcement of parking and compliance ordinance violations.
    • 2.procedures for issuing a Personal Service Citation in lieu of a Violation Notice in conjunction with a felony, misdemeanor, jailable non-traffic ordinance offense, juvenile arrest, or a misdemeanor traffic offense as noted on the Court Citing Date Card-Traffic (CPD-22.911).
    • 3.the Request for Administrative Release of "Violation Notice" (CPD-11.499) form.
    • 4.procedures for Administrative Release of a Violation Notice.
  • B.eliminates the use of Violation Notices for offenses reportable to the Secretary of State, including citing those with Commercial Driver's Licenses, Commercial Instructors Permits, and operators of commercial motor vehicles to comply with applicable law (625 ILCS 5/6-204 & 49 CFR 384).
  • C.satisfies CALEA Law Enforcement Standard Chapter 61.
II.General Information
  • A.Violation Notices will be used for the enforcement of parking violations and compliance violations, unless otherwise prohibited in this directive.
    • 1.Parking violations are listed under the heading "Parking Regulations" on the inside cover of the Violation Notice Book.
    • 2.Compliance violations are listed under the heading "Compliance Violations" on the inside cover of the Violation Notice Book.
      NOTE:
      City of Chicago compliance violations are generally licensing or equipment violations not reportable to the Secretary of State's Office (625 ILCS 5/6-204).
    • 3.Violation Notices will not be used to cite violations involving movement in traffic.
  • B.A Personal Service Citation will be issued to a violator for a compliance violation only when:
    • 1.the sworn member additionally arrests the offender for a:
      • a.felony offense;
      • b.misdemeanor offense;
      • c.non-traffic ordinance offense returnable to a branch court; or
      • d.misdemeanor traffic offense as noted on the Court Citing Date Card — Traffic.
    • 2.the violator is additionally arrested as a juvenile for any offense referred to Juvenile Court.
    • 3.the violator is operating a commercial motor vehicle or "CMV" as defined under 625 ILCS 5/6-500 regardless of the type of license the driver holds.
    • 4.the holder of a Commercial Driver's License (CDL) or Commercial Learner's Permit (CLP) commits a violation regardless of the type of vehicle operated during the violation.
    • 5.citing MCC 3-56-020 for failure to display or the improper display of a City vehicle tax sticker if the vehicle is occupied and in traffic. Department members will cite MCC 3-56-020 for this violation.
  • C.Violation Notices, whether issued as compliance violations or parking violations, will be adjudicated upon the violators request through the Department of Administrative Hearings. Department members will not be required to attend any administrative hearings regarding the issuance of Violation Notices unless subpoenaed or notified.
    NOTE:
    Community members who inquire about procedures for contesting Violation Notices will be directed to the instructions located on the face of the notice.
  • D.No bond (i.e., cash bond, individual bond (I-Bond), bond card, promise to comply (PTC), driver's license, or CTA Memorandum Card) will be required to be posted when a Violation Notice is issued.
  • E.Department members who are off-duty will not issue Violation Notices.
    EXCEPTION:
    This prohibition does not apply to off-duty members working Voluntary Special Work Opportunities (Chicago Transit Authority, Marathon Detail, etc.).
III.Procedures
  • A.When a sworn member or designated civilian member observes any vehicle not in compliance with the equipment, license, or parking ordinances of the City of Chicago, that member will issue a Violation Notice citing that violation when the vehicle is on the public way, City of Chicago property, or when a Department member is authorized to do so by a Public/Private Parking Complaint (CPD-11.478).
    EXCEPTION:
    Department members do not need authorization by a Public/Private Parking complaint to cite handicap parking violations as delineated in the Department directive entitled "Public/Private Parking Complaints."
  • B.When issuing a Violation Notice, Department members will ensure:
    • 1.all required information is printed clearly and legibly.
    • 2.the "Violator's Copy" is either:
      • a.served on the owner of the vehicle by handing it to the operator of the vehicle, if present, or
      • b.affixed to the vehicle in a conspicuous place as provided for in MCC 9-100-030(b).
    • 3.the "Original Copy" of the Violation Notice is turned into their unit of assignment or detail before the end of their tour of duty.
  • C.If the issuing Department member is unable to serve or affix the Violation Notice as described in Item III-B:
    • 1.the issuing member will:
      • a.use the license plate number to obtain the registered owner's name and address through a portable data terminal (PDT) or the Office of Emergency Management and Communication (OEMC) and mail the violator's copy to the registered address via the Police Documents Section;
      • b.prepare a To-From-Subject report to the unit commanding officer, Attention: Citation Clerk, describing the circumstances of the incident and actions taken.
    • 2.the citation clerk will indicate "Mailed to violator" in the "Remarks For CO" column of the Citation Control Sheet.
  • D.When a Personal Service Citation is issued for a compliance violation in conjunction with a felony, misdemeanor, juvenile arrest returnable to juvenile court, or a non-traffic ordinance offense returnable to a branch court, the case will be scheduled to the court hearing the most serious charge in accordance with the procedures established in the Department directive entitled "Court Call Schedule."
    • 1.The issuing sworn member will enter all of the required information including his or her Traffic Court key letter designation, appropriate courtroom number, and time on the Personal Service Citation, and WILL NOT ENTER A COURT DATE.
    • 2.All court documents and Personal Service Citations sent to the branch courts will be prepared and processed in accordance with the Department directives entitled "Processing Persons Under Department Control" and "Traffic Citation Books."
  • E.When a Personal Service Citation is issued for a compliance violation in conjunction with a misdemeanor traffic offense, sworn members will schedule all issued Personal Service Citations for their Major Courtroom or Alternate Major Courtroom in Traffic Court in accordance with the directive entitled "Traffic Court Citing And Scheduling."
  • F.When issuing a Personal Service Citation for a minor traffic offense not requiring an appearance in court as mandated by Rule 551 of the Illinois Supreme Court and a Violation Notice(s) is issued for a compliance violation(s), the sworn member will handle the citation and notice(s) separately as follows:
    • 1.The Personal Service Citation issued for the minor traffic offense will be processed in accordance with the directive entitled "Traffic Court Citing And Scheduling."
    • 2.The Violation Notice(s) for the compliance violation(s) will be processed in the normal manner.
  • G.When issuing Personal Service Citations for multiple minor traffic offenses other than compliance violations or a single Personal Service Citation for one minor traffic offense requiring an appearance in court as mandated by Rule 551 of the Illinois Supreme Court, and a Violation Notice(s) is also issued for compliance violation(s), the sworn member will handle the citation(s) and notice(s) separately as follows:
    • 1.Personal Service Citation(s) issued for minor traffic offense(s) will be processed in accordance with the directive entitled "Traffic Court Citing And Scheduling."
    • 2.Violation Notice(s) issued for compliance violation(s) will be processed in the normal manner.
  • H.When issuing a Violation Notice for failure to display or the improper display of a City vehicle tax sticker, the issuing sworn or designated civilian member will:
    • 1.cite MCC 9-64-125(b) if the vehicle is under or equal to 16,000 lbs and is parked or standing on any portion of the public way.
    • 2.cite MCC 9-64-125 (c) if the vehicle is over 16,000 lbs and is parked or standing on any portion of the public way.
    • 3.cite MCC 9-64-125(d) if the vehicle sticker is improperly displayed.
    • 4.use a Violation Notice for the above offenses unless otherwise indicated in this directive.
IV.Requesting "Administrative Release" of a Violation Notice
  • A.The City of Chicago Municipal Code outlines when an administrative release of liability may or may not be granted when a Violation Notice is issued to a Department vehicle. MCC 9-100-110 states that officers and employees of the City of Chicago, including Police Department members, are personally liable for parking Violation Notices issued to City vehicles assigned or used by them (including personal vehicles) during the performance of official duties. MCC 9-100-111 states that Department members may, however, request the release of their parking violation liability if the Violation Notice was issued when the vehicle was in use for the performance of official City business during an emergency or during an official investigation at the time of the alleged violation, and the violation could not otherwise be avoided.
    • 1.Emergencies and official investigations may include:
      • a.threats to the lives of employees and/or the public.
      • b.the prevention of immediate and/or significant damage to public / private property.
      • c.undercover or follow-up investigations.
    • 2.Emergencies and official investigations must be documented by an official police report (e.g., a case report, Miscellaneous Incident Exception Report [CPD-11.419]). In instances when no official police report or documentation is available, a To-From-Subject report will be prepared detailing the circumstances.
    • 3.To request an Administrative Release of a Violation Notice that meets the above criteria, the requesting Department member will:
      • a.complete a Request For Administrative Release of Violation Notice form for each Violation Notice to be considered for release.
      • b.be specific when stating the explanation in the reason for administrative release request section of the Request for Administrative Release of Violation Notice (CPD-11.499) form, including Record Division number, Central Booking number, Identification Record number, or Event number to document that the vehicle was being used for the performance of official police business during an emergency or during an official investigation at the time of the alleged violation.
      • c.submit the "Violator's Copy" of the Violation Notice, supporting documentation, and the completed Request For Administrative Release of Violation Notice form through channels to the first-level exempt member within the member's chain of command for approval.
    • 4.The exempt member will determine the validity of the reason for the administrative release request and will return any request for which the reason is unacceptable. In addition, the exempt member will ensure that the:
      • a.Request For Administrative Release of Violation Notice form is reviewed for accuracy and completeness. Approved forms will be signed and the triplicate (pink) copy will be retained in the unit files consistent with records-retention requirements.
      • b.Transfer Listing For Violation Notices formset (CPD-22.803) is completed, retain the pink copy for the unit files.
      • c.white and yellow copies of the Transfer Listing For Violation Notices formset, the white and canary copies of the Request For Administrative Release of Violation Notice, and the Violators Copy of the Violation Notice are submitted to the Commanding Officer, Traffic Court Unit (Unit 148), via the Police Documents Section.
  • B.The Request For Administrative Release of Violation Notice form will be used in all instances for a Violation Notice to be administratively released when issued in error. Under no circumstances will a Violation Notice be defaced by marking it "VOID," "CANCELLED," or "ADMINISTRATIVELY RELEASED." Correction fluid (white-out) will not be used to make corrections or changes on the Violation Notice.
    • 1.At no time will a member issue a subsequent Violation Notice unless the "Violator's Copy" of the original Violation Notice either issued in error and/or contained an error can be retrieved and the violator is served with the "Violator's Copy" of the subsequent Violation Notice.
    • 2.When it is necessary to request an administrative release of a Violation Notice containing an error made during issuance, the Department member will:
      • a.issue a subsequent Violation Notice to replace the Violation Notice containing the error. This Violation Notice will be processed in the normal manner.
      • b.prepare a Request For Administrative Release of Violation Notice form for each Violation Notice to be considered for release.
      • c.attach all copies of the Violation Notice containing the error, except the Member's Copy, to the completed Request For Administrative Release of Violation Notice form. The "Violator's Copy" must be included.
      • d.submit the Violation Notice containing the error and the completed Request For Administrative Release of Violation Notice form for approval through the chain of command to the first-level exempt member of the issuing member's unit.
    • 3.When it is necessary to request an administrative release of a Violation Notice and a subsequent Violation Notice has NOT been issued, the Department member will:
      • a.prepare a Request For Administrative Release of Violation Notice form for each Violation Notice to be considered for release.
      • b.attach all copies of the Violation Notice containing the error, except the Member's Copy, to the completed Request For Administrative Release of Violation Notice form. The Violator's copy must be included.
      • c.submit the Violation Notice containing the error and the completed Request For Administrative Release of Violation Notice form for approval through the chain of command to the first-level exempt member within the issuing members unit.
    • 4.The exempt member will determine the validity of the reason for the administrative release request and will return to the issuing Department member any administrative release request for which the reason is unacceptable. In addition, the exempt member will ensure that administrative release requests are reviewed for accuracy and completeness. The exempt member will indicate approval by signing the form and forwarding it to the issuing units citation clerk for processing.
    • 5.The citation clerk will:
      • a.make the entry of "Request For Administrative Release" on the appropriate line of the corresponding Citation Control Sheet in the "Remarks for CO" column and staple the unit copy (pink) of the Request For Administrative Release of Violation Notice form to the back of the Citation Control Sheet.
      • b.list the Violation Notice either issued in error or containing an error(s) on a separate Transfer Listing For Violation Notices (CPD-22.803). More than one such Violation Notice can be listed on this transfer listing.
      • c.forward the white and yellow copies of the Transfer Listing For Violation Notices, the white and canary copies of the Request For Administrative Release of Violation Notice, and the Violation Notice(s) requested to be administratively released to the Commanding Officer, Traffic Court Unit (Unit 148), via the Police Document Section.
  • C.The Commanding Officer, Traffic Court Unit, will ensure that the:
    • 1.administrative release requests are reviewed for compliance with Department policy and the criteria established in this directive.
    • 2.canary copy of the Request For Administrative Release of Violation Notice form is retained in the Traffic Section files.
    • 3.white and yellow copies of the Transfer Listing For Violation Notices, the original (white) of the Request For Administrative Release of Violation Notice form, and the Violation Notice(s) are forwarded to the Department of Revenue in care of Traffic Court Unit (148), via the Police Documents Section.
(Items indicated by italics/double underline have been added or revised)
Authenticated by: KC
Eddie T. Johnson
Superintendent of Police
15-133 RCL/MWK
GLOSSARY TERMS:
1. -
"Commercial motor vehicle" or "CMV" means a motor vehicle or combination of motor vehicles used in commerce, except those referred to in subdivision (B), designed to transport passengers or property if the motor vehicle:
(i) has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of any towed unit with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or
(i-5) has a gross vehicle weight rating or gross
vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or
(ii) is designed to transport 16 or more persons,
including the driver; or
(iii) is of any size and is used in transporting
hazardous materials as defined in 49 C.F.R. 383.5.
(B) Pursuant to the interpretation of the Commercial Motor Vehicle Safety Act of 1986 by the Federal Highway Administration, the definition of "commercial motor vehicle" does not include:
(i) recreational vehicles, when operated primarily for personal use;
(ii) vehicles owned by or operated under the direction of the United States Department of Defense or the United States Coast Guard only when operated by non-civilian personnel. This includes any operator on active military duty; members of the Reserves; National Guard; personnel on part-time training; and National Guard military technicians (civilians who are required to wear military uniforms and are subject to the Code of Military Justice); or
(iii) firefighting, police, and other emergency equipment (including, without limitation, equipment owned or operated by a HazMat or technical rescue team authorized by a county board under Section 5-1127 of the Counties Code), with audible and visual signals, owned or operated by or for a governmental entity, which is necessary to the preservation of life or property or the execution of emergency governmental functions which are normally not subject to general traffic rules and regulations.