Chicago Police DepartmentSpecial Order S04-22-01
Exemptions and Restrictions for Issuing ANOV Citations
Issue Date:05 February 2015Effective Date:05 February 2015
Rescinds:22 July 2014 version
Index Category:Preliminary Investigations
I.Purpose
This directive outlines the restrictions and exemptions for issuing Administrative Notice of Ordinance Violation (ANOV) citations.
II.Restrictions
Absent the presence of an exception listed in Item III of this directive, an ANOV citation will not be used:
  • A.when an arrestee is charged concurrently with an MCC violation and a state statute violation. The MCC ordinance violation will be cited on a Class "C" Misdemeanor/Ordinance Violation Complaint form and be incorporated on the Arrest Report (CPD-11.420), along with any additional reports, court complaints, and/or citations.
  • B.for violations that are to be cited on another ticket form (i.e., Personal Service and Violation Notice citations). Such violations will be cited on the appropriate instrument and any additional MCC ordinance violations will be cited on ANOV citations.
  • C.for the following MCC Ordinance violations:
  • D.in the following situations:
    • 1.the violator is less than 18 years of age.
    • 2.the violator cannot or will not produce a valid picture identification card (i.e., State Identification card, Drivers License, or similar identification) or his or her identify cannot be verified via CLEAR.
      NOTE:
      Refer to Item III of this directive for the exceptions to this restriction.
    • 3.the violator exhibits behavior which requires an officer to exert physical force to effect the arrest. This restriction will not apply if the only exertion of physical force is any of the following:
      • a.The use of a firm grip hold which does not result in an injury or allegation of injury;
      • b.Force necessary to overcome passive resistance that does not result in any injury or allegation of injury;
      • c.Control holds utilized in conjunction with handcuffing and searching techniques that do not result in any injury or allegation of injury and which by themselves are not described in Item II-A of the General Order entitled "Incidents Requiring the Completion of a Tactical Response Report".
    • 4.there is a reasonable likelihood that the offense will continue, recur, or that life or property will be endangered if the violator is not arrested and removed from the scene of the occurrence.
    • 5.there is a reasonable likelihood that the violator will fail to appear at the hearing.
    • 6.there is a reason to believe that a warrant may be outstanding against the violator.
    • 7.the violator refuses to sign the ANOV citation. When such a refusal occurs, the violator will be informed that a refusal to sign the ANOV citation will subject him or her to physical arrest. If the violator still refuses to sign the citation after it has been completed, the ANOV citation will be canceled in accordance with the procedures outlined in the Department directive titled "Municipal Administrative Hearings."
      NOTE:
      Refer to Item III of this directive for the exceptions to this restriction.
III.Exceptions
  • A.Vacant / Abandoned Building Violation Exceptions
    The requirement that a violator sign the ANOV citation will not apply to citations written for a violation of:
  • B.Curfew Violation Exceptions
    • 1.The requirements that a violator or person served produce a valid picture identification card and sign the ANOV citation will not apply to citations written for curfew-related violations cited under MCC 8-16-020.
      NOTE:
      Members will request a valid picture identification and absent such identification will obtain sufficient information to perform a name check.
    • 2.If the violator or person served refuses to supply an identification card or apply their signature in the "Signature of Respondent or Person Served" box, the issuing officer will write the phrase "information refused" in the appropriate section of the ANOV citation.
  • C.Mass Arrest Procedures
    When a Mass Arrest incident is declared, Department members will follow procedures outlined in the Department directive entitled "Mass Arrest Procedures."
IV.Arrest Procedures
Except in the situations outlined in Item III of this directive, when a situation prevents the member from issuing an ANOV citation due to the restrictions listed in Item II of this directive, the offender will be processed in accordance with the procedures outlined in the Department directive entitled "Processing Persons Under Department Control," and MCC charges will be cited on a Class "C" Misdemeanor/Ordinance Violation Complaint form, unless otherwise indicated.
(Items indicated by italics/double underline have been added or revised)
Garry F. McCarthy
Superintendent of Police
15-005 MWK