§ 10-36-356

Violation – Penalty

Any person who violates any provision of Sections

10-36-351" destination-id="JD_10-36-351">10-36-351 through 10-36-354" destination-id="JD_10-36-354">10-36-354, or the regulations issued under Section 10-36-355" destination-id="JD_10-36-355">10-36-355, shall be fined not more than $100.00 for a first offense, not more than $200.00 for a second offense, and not more than $500.00 for each subsequent offense. Each day that a violation continues shall constitute a separate and distinct offense. The violator shall also be liable for reimbursement to the city of any fine or penalty paid by the city as a result of the person’s violations. The commissioner of aviation may also revoke or refuse to reissue the security badge or identification card of the violator.

To enforce the provisions of Sections

10-36-351" destination-id="JD_10-36-351">10-36-351 through 10-36-355" destination-id="JD_10-36-355">10-36-355, and Section 10-36-357" destination-id="JD_10-36-357">10-36-357,the commissioner of aviation or his or her designee may conduct hearings in accordance with this section. Any person found to have violated any provision of Sections 10-36-351" destination-id="JD_10-36-351">10-36-351 through 10-36-355" destination-id="JD_10-36-355">10-36-355 shall be fined in accordance with this section. Before any fine is levied in accordance with this section, a hearing as authorized herein shall be held. A person charged with violating any provision of the aforementioned sections may decline to contest the allegation. In case of such declination, the hearing officer shall assess a fine in accordance with this section. Notice of a hearing shall be personally served upon the person or persons alleged to have violated any provision of the aforementioned sections at least ten days prior to the hearing date. The person before whom the hearing is held shall not have been involved in the initial decision to seek the imposition of a fine. At the hearing, the person alleged to have violated any provision of the aforementioned sections may be represented by counsel, present documentary evidence and/or live testimony, and may cross-examine witnesses called by the department of aviation. The department shall present sufficient evidence from witnesses having personal knowledge of the offense to prove, by a preponderance of the evidence, that one or more violations of the aforementioned sections occurred. The strict rules of evidence applicable to judicial proceedings shall not apply to hearings under this section. The commissioner of the department of aviation or his or her designee shall be the official custodian of the records. The record of each hearing shall include: (a) a record of the testimony presented at the hearing, which may be made by tape recording or other appropriate means; (b) any document presented at the hearing; and (c) a copy of the written notice of hearing that was personally served in accordance with this section.

Following the hearing, the commissioner or his or her designee shall issue in writing a decision stating whether a fine shall be imposed, and the amount of such fine. The decision shall become effective ten days following the issuance of the decision. The fine shall be payable to the City of Chicago. The person to whom a sanction is applied may file a complaint in a court of competent jurisdiction seeking to review the decision. Nothing in this section shall affect the ability of the City of Chicago to seek relief in a judicial proceeding.

(Added Coun. J. 6-28-91, p. 2706; Amend Coun. J. 5-18-94, p. 50791; Amend Coun. J. 4-12-95, p. 67070)

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