Chicago Police DepartmentSpecial Order S04-23
Ordinance Complaint Form
Issue Date:09 February 2018Effective Date:09 February 2018
Rescinds:30 December 2016 Version
Index Category:Preliminary Investigations
I.Purpose
This directive:
  • A.continues use of the Ordinance Complaint form by Department members as an alternative to custodial arrests for certain classes of offenses.
  • B.sets forth policy and provides procedural guidelines for the issuance and control of Ordinance Complaint forms and related reports and documents.
  • C.discontinues the use of the Ordinance Complaint form to enforce violations of 720 ILCS 550(a) "Possession of Not More than 10 Grams of Cannabis."
II.General Provisions
  • A.Ordinance Complaint forms may be used to enforce a variety of statutes and ordinances. The enforcement of certain laws (e.g., building codes, weights and measures) requires specific technical and/or legal knowledge and is therefore the primary responsibility of other City departments. Members, however, will assist these departments upon request. Enforcement action will be taken on violations other than those traditionally enforced by the police when failure to do so would result in a breach of the peace or loss of pertinent evidence.
    NOTE:
    For the purposes of this directive, a breach of the peace is any act which causes or threatens to cause injury or harm to any person, or loss or damage to any property.
  • B.An Ordinance Complaint form:
    • 1.is a five-part formset which includes the following:
      • a.Complaint (White) - This original document is used to formally charge a violator with the commission of an offense.
      • b.Notice to Appear (Yellow) - This copy will be given to the violator by the issuing member and serve as the violator’s written notice to appear in the specified court branch on the proper date and time.
      • c.Department Copy (Goldenrod) - This copy will be used by the unit citation clerk for control purposes.
      • d.Department Copy (Pink) - This copy will be forwarded, with the Complaint Copy (white) of the Ordinance Complaint form, to the appropriate court branch and retained by the Court Section personnel for referral purposes.
      • e.Officer's Copy (Blue) - The member who was issued the Ordinance Complaint book will retain the blue copies of Ordinance Complaint forms issued for a period of six months from the date the last form was completed.
    • 2.may be issued when:
      • a.the citing member is the complainant.
      • b.one citizen is the complainant against another.
      • c.two or more citizens wish to sign cross-complaints against each other.
    • 3.will NOT be issued when:
      • a.the charge involves a violation of a law relating to firearms.
      • b.the violator is under eighteen (18) years of age.
      • c.the violator exhibits behavior which requires a member(s) to exert physical force to effect the arrest.
      • d.the violator requires medical attention, or is otherwise unable to care for their own safety or well-being.
        • (1)After the violator receives medical attention, an Ordinance Complaint form may be issued, if all other considerations permit its use.
        • (2)Intoxicated persons who are unable to care for their own safety will not be issued Ordinance Complaint forms in the field, but will instead be processed in accordance with the existing Department directive entitled "Alcohol and Drug Dependent Persons."
      • e.the violator cannot or will not produce satisfactory evidence of identity.
        • (1)Satisfactory evidence of identity is defined as the amount of proof required to reasonably assure a member that the violator is who they claim to be, taking into consideration the nature of the identification presented and the circumstances of the offense involved.
        • (2)If the violator cannot produce satisfactory evidence of identity, members will attempt to verify any offered identification by independent means (e.g., CLEAR system) if it is practical to do so.
      • f.there is a reasonable likelihood that the offense will continue or recur, or that life or property will be endangered if the violator is not arrested and removed from the scene of the occurrence.
      • g.the prosecution of the offense in question would be jeopardized by a failure to make a physical arrest.
      • h.there is a reasonable likelihood that the violator will fail to appear in court. The following factors could provide reason to believe the violator would be unlikely to appear if released upon issuance of an Ordinance Complaint form:
        • (1)The violator attempted to evade arrest.
        • (2)The violator has failed to appear in court on previous occasions.
      • i.there is information available indicating that a warrant or an investigative alert may be outstanding against the violator.
      • j.the violator refuses to sign the Ordinance Complaint form to acknowledge receipt of it. The violator will be advised that their signature on the form is required as an acknowledgment that it has been received; it is not an admission of guilt.
        NOTE:
        If the violator being cited refuses to sign the Ordinance Complaint form, normal arrest procedures will then be followed. If the form has been completed and the violator being cited subsequently refuses to sign, the form will be canceled according to provisions of this directive.
  • C.Members of the Marine Unit and Asset Forfeiture Investigations Section will issue an Ordinance Complaint form in lieu of a physical arrest and detention only for conservation offenses and certain gambling offenses, when appropriate, and in accordance with the provisions of this directive. Commanding officers of the Marine Unit; Asset Forfeiture Investigations Section; and all other units tasked with law enforcement efforts will encourage members of their command to use the Administrative Notice of Ordinance Violation (ANOV) citation in accordance with the provisions of the Department directive entitled, “Municipal Administrative Hearings.”
    NOTE:
    Ordinance Complaints issued for conservation offenses such as fishing violations will be scheduled to the misdemeanor court branch consistent with Department directive entitled "Court Call Schedule."
  • D.Consistent with the enforcement policy outlined in this directive:
    • 1.the Marine Unit and Asset Forfeiture Investigations, Narcotics Division may issue an Ordinance Complaint Form to a person who violates a petty offense or business offense as defined in the Illinois Compiled Statutes for which a sentence of a fine only is provided.
    • 2.Department members of units tasked with law enforcement duties may issue an Ordinance Complaint form to cite a person who violates the:
      • a.visitation provisions of a court order relating to child custody when they detain or conceal a child to deprive another person of their right of visitation (720 ILCS 5/10-5.5). Individuals charged with this offense must be scheduled for the misdemeanor court branch consistent with Department directive entitled "Court Call Schedule."
      • b.Smoke Free Illinois Act (410 ILCS 82). Individuals charged with a violation of the Smoke Free Illinois Act must be scheduled for the misdemeanor court branch consistent with Department directive entitled “Court Call Schedule.”
III.Ordinance Complaint Book Issuance and Accountability
  • A.Citation Clerk
    • 1.The unit commanding officer will designate a member responsible for ordering, receiving, issuing, processing, controlling, and storing Ordinance Complaint forms, related reports and documents.
    • 2.The immediate supply of Ordinance Complaint books (opened box) will be maintained in the unit's desk area, preferably in a locked file or storage cabinet which is not accessible to personnel other than those authorized to issue Ordinance Complaint books.
    • 3.Unopened boxes of Ordinance Complaint books will be maintained in a locked storage area.
  • B.Citation Control Sheet
    • 1.A Citation Control Sheet (CPD-11.496) will be prepared for each Ordinance Complaint book in a box at the time the box is opened. The number of the first Ordinance Complaint form will be entered on the sheet and the appropriate square checked to indicate the type of citation.
    • 2.These sheets will be arranged in numerical order and stored with the immediate supply of books (opened box).
    • 3.At the time a book is issued, the issuing and receiving member will complete the Citation Control Sheet corresponding to the book being issued. Both members will sign the sheet.
    • 4.The Citation Control Sheet will then be inserted, in numerical order, in an "active citation" binder by the citation clerk.
    • 5.As copies of Ordinance Complaint forms which have been issued are received, entries will be made on the corresponding Citation Control Sheet indicating the date the Ordinance Complaint was issued, the date it was entered on a Transfer Listing, the initials of the person making such entries, and any other remarks which may be necessary.
    • 6.If an Ordinance Complaint form from any book is not received in numerical order, the citation clerk will notify their unit commanding officer, who will immediately initiate an investigation to locate the missing complaint form. All missing Ordinance Complaint forms will be accounted for. Subsequent Ordinance Complaint forms, issued while such an investigation is pending, will be processed without delay.
    • 7.When a book of Ordinance Complaint forms is exhausted and each Ordinance Complaint form has been received and accounted for, the Citation Control Sheet for that book will be removed from the active citation binder and placed in numerical order in the inactive binder. This form will be kept in the unit file in accordance with existing Records Retention requirements.
    • 8.After all the books in a box have been issued, a check will be made by the citation clerk to determine if there are any missing books (unassigned sheets) for that box. If a book is missing, the complaint numbers on the unassigned sheet will be listed immediately on a report to the unit commanding officer.
      • a.The unit commanding officer will immediately initiate an investigation to locate the missing Ordinance Complaint book(s).
      • b.If the book is not located within 7 days:
        • (1)a Lost and Found Case Report will be submitted describing the circumstances of the loss and listing the numbers of the missing Ordinance Complaint forms, and
        • (2)an Administrative Message Center (AMC) message will be sent containing the numbers of the missing Ordinance Complaint book(s), the date of the loss, and the location of the incident.
      • c.The citation clerk will indicate that a Lost and Found Case Report was submitted and enter the RD number in the column entitled "Remarks For C.O." on the Citation Control Sheet.
  • C.Issuance of Ordinance Complaint Books
    • 1.Books will be issued in ascending numerical order. A book will not normally be issued out of sequence.
    • 2.Before accepting a book of Ordinance Complaint forms, the requesting member will inspect the book to determine whether all complaint forms are in the book and in satisfactory condition.
    • 3.Ordinance Complaint forms found to be defective will be voided by the citation clerk and processed as canceled Ordinance Complaint forms. This will also apply to entire books found to be faulty. Each Ordinance Complaint form will be canceled individually.
  • D.Reassigned Ordinance Complaint Books
    When a previously assigned Ordinance Complaint book is turned in for reassignment, the citation clerk will:
    • 1.make a notation on the control sheet, immediately below the last entry, stating the reason that the book was turned in and the date.
    • 2.ensure that the book is assigned to another member of the unit and that a second Citation Control Sheet is completed for the remaining Ordinance Complaint forms in the book, and stapled to the original sheet. Both control sheets will remain together as the control for the reassigned book.
  • E.Lost or Stolen Ordinance Complaint Forms
    If a member's assigned Ordinance Complaint book is lost or stolen, the member will complete the appropriate case report and immediately request the desk personnel of the district in which the loss or theft occurred to send an AMC message containing the number of the missing Ordinance Complaint forms, the date of the loss or theft, and the location of the incident.
  • F.Cancelled Ordinance Complaint Forms
    • 1.A Cancellation of Ordinance Complaint form (CPD-31.662) will be completed for every Ordinance Complaint form which is cancelled. The member who requests to have an Ordinance Complaint form cancelled is responsible for completing and submitting the cancellation form. Under no circumstance will an Ordinance Complaint form be defaced by marking it "void," "cancelled," "spoiled," or "non-suit.”
    • 2.The completed cancellation form, along with all copies of the Ordinance Complaint form, except the blue copy, will be submitted to the member's commanding officer. The commanding officer's signature on the cancellation form will indicate approval of the completeness and accuracy of the report.
    • 3.The cancelled Ordinance Complaint form and the approved Cancellation of Ordinance form will be forwarded to the unit citation clerk who will attach it to the applicable Citation Control Sheet and remain filed with it until destroyed.
IV.Responsibilities and Procedures
  • A.Field Use
    • 1.Ordinance Complaint books will be issued to field supervisors and will be available for use by all sworn members whose responsibilities normally include investigative or enforcement activities. Commanding officers may also authorize the distribution of Ordinance Complaint books directly to any sworn member whose ability to complete specific assignments is thereby enhanced.
    • 2.When a member who has not been assigned an Ordinance Complaint book determines a need to issue one or more Ordinance Complaint forms, they will request the assignment of a supervisor. Upon arrival at the scene, the responding supervisor will:
      • a.assist the member in completing the Ordinance Complaint form;
      • b.administer the necessary oath requiring the complainant to swear to the alleged violation;
      • c.enter the date in the appropriate box on the lower left hand portion of the document;
      • d.affix their signature in the space provided for the Clerk of the Circuit Court;
      • e.ensure that all proper procedures are followed.
    • 3.Department members issuing an Ordinance Complaint form will:
      • a.inform the Office of Emergency Management and Communications (OEMC) dispatcher of the location of the violation and the name or an identification number of the violator. If no Records Division (RD) number is obtained for the violation, the event number issued by OEMC will be recorded on the Ordinance Complaint form in the section entitled, “R.D. No.” and will be indicated as such.
        NOTE:
        Only one event number will be required per incident, even if the Department member has cause to issue multiple Ordinance Complaint forms to one or multiple violators. The OEMC dispatcher, however, must be notified of the name or identification number of all violators cited.
      • b.name check the violator before issuing the citation. The identity of the person being issued an Ordinance Complaint form will be verified and a complete address will be recorded (number, street, city, state, and zip code). If an Illinois Driver’s license or state identification card number is revealed through the name check, the number will be noted on the Ordinance Complaint in the space provided.
      • c.complete an Ordinance Complaint form for the violation of ILCS, provided none of the exceptions or restrictions outlined in this directive are present.
      • d.not make erasures or corrections on the Ordinance Complaint form. If an error is made, or if the complaint form itself has been misprinted, the member will cancel the form.
      • e.ensure the violator signs the form and give the violator the “Notice to Appear” (yellow) copy of the Ordinance Complaint form.
      • f.submit the Complaint (white) and the two Department Copies (goldenrod and pink) to their field supervisor or station supervisor prior to the completion of the tour of duty during which the Ordinance Complaint form was issued for forwarding to the court clerk in the proper branch with the Court Complaint Transmittal Listing (CPD-11.551).
      • g.if applicable, notate the Ordinance Complaint form number in any Department reports (e.g., Vice Case Report, Supplementary) pertaining to the particular offenses and/or incidents that an Ordinance Complaint form was issued, including the Chapter and Section of the ILCS violated.
    • 4.Members who are transferred or detailed from their unit of assignment, or who become separated from the Department (including leaves of absence), will return all Ordinance Complaint books which have been assigned to them to the unit citation clerk before leaving.
  • B.Court Citing Responsibilities and Procedures
    • 1.The proper court branch and call time will be selected in accordance with the Department directive entitled "Court Call Schedule."
    • 2.Court dates will be selected so as to accommodate the schedule of the citing member and/or the complainant. Cases will be assigned a court date which is at least 14 days, but not more than 60 days, from the date of the offense. (If this period of time is impracticable due to the member's furlough or other legitimate concern, the maximum time limitation is subject to reasonable extension.)
    • 3.Ordinance Complaint cases will be assigned to regular court sessions only. They will not be scheduled for weekend or holiday courts.
    • 4.If the issuing member is:
      • a.not required to appear in court, they will attach a completed copy of the case report or other applicable report to the pink copy of the Ordinance Complaint form. If no report is necessary, they will note the facts of the case on the reverse side of the pink copy.
      • b.required to appear in court and no court sergeant or court officer is assigned to the branch they are appearing, they will be responsible for entering the proper disposition on the reverse side of the pink copy and returning it to their commanding officer, where it will be retained for three periods after final adjudication of the case and then destroyed in accordance with existing Department procedures.
    • 5.The issuing member(s) will be notified via the Automated Court Notification Program to appear in court consistent with the Department directive entitled, “Court Attendance and Responsibilities.”
    • 6.In cases where an Ordinance Complaint has been issued for other than a license violation, the court appearance responsibilities outlined within the Department directive entitled "Processing Persons Under Department Control" will be followed. If an Ordinance Complaint charges an offense specified in the Department directive entitled "Court Citing and Attendance - Non-Traffic Misdemeanor and Municipal Ordinance Cases," the issuing member will use their established court key date.
  • C.The field supervisor or station supervisor reviewing Ordinance Complaint forms will:
    • 1.review the completed Ordinance Complaint forms to ensure that they have been accurately and thoroughly completed.
    • 2.record on the transmittal listing in the same manner as criminal or quasi-criminal complaints except that the Ordinance Complaint number will be entered in the Central Booking Number box (1) and the letters "OC" will be entered in the Case Number box (8).
    • 3.return the Ordinance Complaint form when it is incomplete or inaccurate to the issuing member for the necessary action.
    • 4.submit the goldenrod copy of the completed Ordinance Complaint forms to their unit citation clerk who will utilize the copies to update the unit Citation Control Sheet (CPD-11.496).
  • D.Citation clerks will:
    • 1.forward the goldenrod copy to the Records Division, accompanied by the white and yellow copies of the completed Transfer Listing For Ordinance Complaints (CPD-31.661).
    • 2.retain the pink copy of the Transfer Listing for Ordinance Complaints until the yellow copy of the Transfer Listing is returned from the Records Division.
  • E.The assigned Court Section personnel will:
    • 1.enter the type of disposition, the date, and their signature, onto the back of the pink copy when the case has been adjudicated.
    • 2.forward the pink copy to the commanding officer of the unit which issued the form, where it will be retained for three periods after final adjudication of the case and then disposed of in accordance with existing Department procedures.
  • F.Upon receipt of the Department (goldenrod) Copy of the Ordinance Complaint and the white and yellow copies of the completed Transfer Listing For Ordinance Complaints, the Records Division will:
    • 1.match the numbers of the Ordinance Complaints received with those recorded on the transfer listing.
    • 2.note any discrepancies on the transmittal listing and, if necessary, send a copy of that listing to the appropriate unit for correction.
    • 3.ensure that an authorized member signs and returns the yellow copy of the transfer listing (including resubmitted corrected copies) to the citation clerk in the originating unit.
    • 4.retain the goldenrod copy of the Ordinance Complaint form and the white copy of the Transfer Listing for three periods and then dispose of both copies in accordance with existing Department procedures.
  • G.Equipment and Supply Section will:
    • 1.receive supplies of Ordinance Complaint books and verify the completeness of the shipment.
    • 2.provide security for the books during storage.
    • 3.maintain detailed records relative to the distribution of the Ordinance Complaint books.
    • 4.notify the Clerk of the Circuit Court when additional supplies are needed.
V.Court Orders-Guilty Findings
District Detention Facilities
Citizens who have been issued an Ordinance Complaint in lieu of physical arrest and detention have not been processed by the Department. Therefore, after a finding of guilt, a court may issue an order directing the defendant to report to a district facility to be fingerprinted and photographed. In such instances, the applicable procedures as established in the Department directive entitled, "Judicial Non-traffic Summons" will be followed.
(Items indicated by italic/double underline have been added or revised)
Authenticated by: KC
Eddie T. Johnson
Superintendent of Police
T17-034 EW