Chicago Police DepartmentSpecial Order S04-26-05
The Environmental Control Ordinance
Issue Date:29 September 1986Effective Date:30 September 1986
Rescinds:S86-10
Index Category:Preliminary Investigations
I.Purpose
This directive:
  • A.indicates the particular sections of Chapter 17, The Chicago Environmental Control Ordinance, Municipal Code of Chicago (MMC), of importance to police officers.
  • B.continues procedures for notification of the Department of Consumer Services, Environmental Control Division, and for the enforcement of serious violations.
II.Chicago Environmental Control Ordinance
  • A.Air Pollution Control, Section 17-2.3, MCC
    • 1.Officers who observe black smoke as intense as or greater than that shown in the illustration being emitted from any watercraft, or the chimney or smoke stack of any commercial building, or any residential building of six or more apartments, which continues for more than one minute, will immediately contact the Office of Emergency Management & Communications.
    • 2.The following illustrations will guide officers in determining the intensity of smoke which would justify making a notification.
  • B.Noise and Vibration Control, Section 17-4.2, MCC
    • 1.Technical knowledge and equipment are required to enforce the provisions of this ordinance; therefore, it will usually be enforced by personnel from the Department of Consumer Services, Environmental Control Division. Whenever a complaint of a violation of this ordinance is received or observed and a decibel reading is required, the officer receiving the complaint or observing the violation should immediately notify the Environmental Control Division.
    • 2.A police officer conducting a preliminary investigation relative to this ordinance will contact his supervisor to determine whether he should return to in-service status, or continue to maintain his presence at the scene both prior to the arrival of Environmental Control Department personnel and throughout their investigation.
  • C.Harbor Pollution Control
    • 1.Befouling Public Waters, Section 17-5.2, MCC
    • 2.Disposal of Refuse in Harbor Prohibited, Section 17-5.3, MCC
III.Notifications
  • A.Police officers observing or being informed of a smoke, noise or harbor pollution violation, or of an oil spill in the waters of Lake Michigan will:
    • 1.notify the Office of Emergency Management and Communications dispatcher and inform them of the type of violation and the exact location of the occurrence by address and beat number. In the event that the exact location of the occurrence is on the lake, or other body of water, give an approximate location of the violation (i.e., 1 mile east of Ohio Street), type and description of vessel, direction of travel, direction of spillage flow, and the nature of the substance involved.
    • 2.prepare a Miscellaneous Incident Exception Report (CPD-11.419) in duplicate. The officer will note in the narrative portion of the report:
      • a.that one copy is to be forwarded to the Department of Consumer Services, Environmental Control Division.
      • b.an explanation of any police action taken.
  • B.The Office of Emergency Management and Communications dispatcher, upon being informed of a smoke, noise or harbor pollution violation, will notify the Department of Consumer Services, Environmental Control Division. In addition, the dispatcher will notify the United States Coast Guard when notified of an oil spill in the waters of Lake Michigan.
IV.Enforcement
The Department of Consumer Services, Environmental Control Division, has the primary responsibility to enforce the provisions of the Chicago Environmental Control Ordinance. However, when an officer observes a violation of Chapter 17, MCC, which calls for immediate enforcement, that officer will:
  • A.issue an Ordinance Complaint form returnable to the court branch and call time as indicated in the Department directive entitled "Court Call Schedule."
  • B.prepare a Miscellaneous Incident Exception Report, as described in Item III of this directive. The Ordinance Complaint form number, the court day and the violation charged will also be indicated on the report.
Fred Rice
Superintendent of Police
86-054 MM (MLS)