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Article I. General Requirements
10-28-010 Permission required.
10-28-015 Public way use permits – Application and issuance.
10-28-017 Public way use permit – Fees.
10-28-020 Reserved.
10-28-030 Unlawful to place ice or snow on public way.
10-28-040 Building upon public ways.
10-28-045 Installation of street furniture.
10-28-046 Installation of city digital signs.
10-28-050 Maintenance of stands.
10-28-060 A produce stand on the public way program.
10-28-064 Advertising signs.
10-28-066 Advertising sign – Defined.
10-28-070 Storage of goods on public ways.
10-28-075 Reserved.
Article II. Carts Belonging to Retail Stores
10-28-080 Abandonment of shopping carts prohibited.
10-28-090 Removal from premises prohibited.
10-28-100 Ordinance to be posted.
10-28-110 Violation – Penalty.
10-28-120 Police enforcement.
Article II-A. Reserved
Article III. Newspaper Stands
10-28-130 Permit required.
10-28-135 Expiration of permit.
10-28-140 Permit provisions.
10-28-150 Application for permit.
10-28-160 Notice to alderman.
10-28-165 Permit fee – Renewal.
10-28-170 Construction and maintenance.
10-28-180 Limitation on use.
10-28-185 Erection – Location.
10-28-190 Revocation of permit.
10-28-191 Enforcement authority.
10-28-192 Severability.
10-28-194 Reserved.
10-28-196 Reserved.
Article IV. Canopies and Marquees
10-28-200 Reserved.
10-28-210 Reserved.
10-28-220 Reserved.
10-28-230 Reserved.
10-28-240 Canopies and marquees – Conditions of permit and construction – Clearance.
10-28-250 Reserved.
10-28-260 Reserved.
Article IV-A. Placement of Pay Telephones in Public Way
10-28-265 Placement of pay telephones in public way.
Article V. Awnings
10-28-270 Reserved.
10-28-280 Awnings construction – Maintenance.
Article V-A. Obstruction of Streets, Sidewalks and Public Places
for Construction and Building Maintenance Purposes
for Construction and Building Maintenance Purposes
10-28-281 Definitions.
10-28-281.1 Public protection measures.
10-28-281.2 Permit required.
10-28-281.3 Permit fees.
10-28-281.4 Prohibited uses of traffic and curb lanes.
10-28-281.5 Penalties.
Article V-B. Protection of the Public Way and Public Places
10-28-281.6 Protection required.
10-28-281.7 Fences and barricades.
10-28-281.8 Aprons.
Article V-C. Construction Canopies
10-28-282 Submission of plans.
10-28-283 General requirements.
10-28-284 Closure of sidewalks and bicycle lanes.
10-28-285 Sidewalks – Damage deposit required.
10-28-286 Violation – Penalty.
Article VI. Lampposts and Lamps
10-28-290 Erection of lamppost.
10-28-300 Acceptance of posts.
10-28-310 Removal of streetlamps.
10-28-320 Shadings of streetlamps.
10-28-330 Lighting or extinguishing lamps.
10-28-340 Injuring or obstructing lampposts and lamps.
10-28-350 Violation – Penalty.
Article VII. Reserved.
Article VIII. Lawn Sprinkling Systems in Public Parkways
10-28-440 Permit required.
Article IX. Use of Subsidewalk Space
10-28-450 Permit required.
10-28-460 Reserved.
10-28-470 Reserved.
10-28-480 Interference with sewers or water pipes.
10-28-490 Reserved.
10-28-500 Conveyance of premises.
10-28-510 Cancellation of previous permit.
10-28-520 Covers over openings.
10-28-530 Structural safety.
10-28-540 Care of sidewalks.
10-28-550 Cesspool and explosives under sidewalk.
10-28-560 Liability for damages.
10-28-570 Revocation of permits.
10-28-575 Vault space.
10-28-580 Reserved.
Article X. Reserved
Article XI. Benches on Public Ways
10-28-640 Definitions.
10-28-650 Permitted when – Contract awards.
10-28-660 Permit – Application – Conditions.
10-28-670 Location.
10-28-675 Restricted zones – Designated.
10-28-680 Standards and specifications.
10-28-690 Adoption of orders, rules and regulations.
10-28-700 Removal of benches.
10-28-710 Benches without advertising – Benches prohibited when.
10-28-720 Illegal benches – Removal and storage fee – Disposal – Notice.
10-28-730 Termination of contract.
10-28-740 Violation – Penalty.
Article XI-A. Newsracks
10-28-750 Definitions.
10-28-755 Newsracks permitted on public ways.
10-28-760 Newsracks – Installation; maintenance.
10-28-765 Newsracks weighted for stability and safety.
10-28-770 Coin slots; height requirements; etc.
10-28-775 Advertising signs on newsracks prohibited.
10-28-781 Multiple newsrack area.
10-28-785 Notice of violations.
10-28-790 Penalty for violation.
Article XI-B. Refuse Compactors/Grease Containers
10-28-791 Defined.
10-28-792 Permit required.
10-28-793 Permit – Application.
10-28-794 Permit – Liability insurance.
10-28-795 Revocation of permit.
10-28-796 Violation – Penalty.
10-28-797 Severability.
10-28-798 Enforcement authority.
Article XI-C. Dumpsters/Roll Off Boxes on the Public Way
10-28-799 Dumpsters/roll off boxes on the public way.
Article XII. Sidewalk Cafes
10-28-800 Definitions.
10-28-805 Permit required for sidewalk café.
10-28-810 Permit application and approval procedure.
10-28-815 Insurance required.
10-28-820 Review of application.
10-28-825 Compliance with plan and other components of application.
10-28-830 Permit – Assignment or transfer prohibited.
10-28-835 Permit for one retail food establishment only.
10-28-840 Permit for food and alcoholic beverage service only.
10-28-845 Operational conditions.
10-28-850 Alcoholic beverage service – Requirements.
10-28-855 Compliance with code and rules and regulations required.
10-28-860 Promulgation of regulations; force and effect.
10-28-865 Hearings.
10-28-870 Enforcement.
10-28-875 Violation – Penalties.
10-28-880 Violation – Permit revocation.
10-28-885 Severability.
Article XIII. Violation of Chapter Provisions
10-28-990 Violation – Penalty.
Article XIV. Pilot Program – Curbside Cafes
10-28-1000 Pilot program.
10-28-1010 Definitions.
10-28-1020 Permit required for curbside cafe.
10-28-1030 Permit application and approval procedure.
10-28-1040 Insurance required.
10-28-1050 Review of application.
10-28-1060 Compliance with plan and other components of application.
10-28-1070 Permit – Assignment or transfer prohibited.
10-28-1080 Restrictions on issuance of a permit.
10-28-1090 Operational conditions.
10-28-1100 Alcoholic beverage service – Requirements.
10-28-1110 Compliance with code and regulations required.
10-28-1120 Promulgation of regulations; force and effect.
10-28-1130 Enforcement.
10-28-1140 Violation – Penalties.
10-28-1150 Violation – Permit revocation.
10-28-1160 Sunset.
ARTICLE I. GENERAL REQUIREMENTS (10-28-010 et seq.)
* Editor's note – As set forth in Coun. J. 12-12-12, p. 44485, § 7; section does not currently exist.
“City digital sign” has the same meaning ascribed to that term in Section 17-17-0234.5 .
“Commissioner” means the Commissioner of Business Affairs and Consumer Protection.
“Department” means the Department of Business Affairs and Consumer Protection.
“Kiosk” means a free standing, permanent structure erected as an accessory to a building, and used to provide information concerning the building and its occupants.
“Public Way” has the same meaning ascribed to that term in Section 1-4-090 and also includes any other public place.
“Public Way Use” means any structure, device or other article on, over or under the public way for which a permit is required pursuant to this section.
“Public Way Use Permit” or “Permit” means a permit issued for use of the public way.
“Subsidewalk Space” means the space underneath the surface of any public way.
“Subsidewalk Space Use” means the use of any subsidewalk space, or the construction or maintenance of any structure thereunder, or disturbing the sidewalk on the public way, for the purpose of constructing or maintaining any vault or structure thereunder, or any coalhole, trapdoor or other opening therein or thereon.
(b) Unless otherwise authorized by this Code, it shall be unlawful for any person to construct, install, or maintain any of the following on, under, or above the public way without a public way use permit authorized by ordinance passed by the City Council:
(1) a canopy, as that term is defined in Section 17-17-0233 ;
(2) a marquee, as that term is defined in Section 17-17-0295 ;
(3) an awning, as that term is defined in Section 17-17-0215 ;
(4) a bay window;
(5) a bridge;
(6) a kiosk;
(7) a clock or post at the curb, or a clock attached outside the face of any building;
(8) a loading platform, switch track or pushcart track;
(9) subsidewalk space use;
(10) a bench that does not contain advertisements, slogans, or messages; or
(11) any other structure or device, except for a City digital sign, that is on, over, or under the public way.
(c) Prior to the installation of any wire, pipe, cable or conduit on, under or over the surface of any public way pursuant to a permit issued under Section 10-29-020, a public way use permit shall also be required to maintain such wire, pipe, cable or conduit under, on or over the public way.
(d) No person shall place a vehicle-weighing scale on the public way; provided that this provision shall not apply to any unit of federal, state or local government.
(e) Nothing in this section shall authorize any person to make an opening in, or construct or repair any pavement in the public way unless such person holds a public way work license if such a license is required by Chapter 10-20 of this Code.
(f) Provided, however, no ordinance authorizing such public way use shall be required to construct or maintain (i) parking meters and signs by a person, or the person’s designee, acting pursuant to a concession agreement approved by the City Council governing the operation, maintenance, improvement, installation and removal of and the collection of fees from, certain designated parking meters, or (ii) City digital signs by a person, or the person’s designee, acting pursuant to a coordinated City digital sign program agreement approved by the City Council governing the operation, maintenance, improvement, installation and removal of such City digital signs.
(g) No permit shall be issued for the maintenance of any canopy or marquee attached to any building which extends over any boulevard, street or other public way taken over from the Chicago Park District by the City of Chicago by virtue of the Chicago Park and City Exchange of Functions Act, 70 ILCS 1545/0.01, et seq.; and provided that the Building Commissioner may issue a permit for the construction and temporary use of a canvas canopy or awning for a particular event requiring its use over such boulevards, streets, and public ways.
(h) Any person violating any of the provisions of this section shall be fined not less than $25.00 nor more than $200.00 for each offense. A separate and distinct offense shall be held to have been committed each day any person continues to violate this section or fails or refuses to cause the removal of such unauthorized structure within such time as may be fixed by the Commissioner, not exceeding 30 days, after notice in writing for such removal has been served upon the owner or person maintaining any such public way use. In addition to any penalty provided herein, after such notice by the Commissioner, the person, at his or her own expense, shall restore the public way, including any space underneath the surface of any public way, under the supervision and to the satisfaction of the Commissioner of Transportation. If the person fails to restore the public way, or fails to restore the public way, including any subsidewalk space, to the satisfaction of the Commissioner of Transportation, the City may restore the public way and charge the cost to the person.
(i) Notwithstanding subsection (h) of this section, the Commissioner is hereby authorized to order any item or thing whatsoever which may encumber or obstruct any public way, public landing, wharf or pier to be removed. If such item or thing shall not be removed within six hours after notice to the owner or person in charge to remove the same, or if the owner cannot be readily found for the purpose of such notice, the Commissioner of Transportation, the Executive Director of Emergency Management and Communications or the Commissioner of Streets and Sanitation shall cause the item to be removed to some suitable place, to be designated by the said department head. The owner of any item removed shall be subject to a penalty of not more than $10.00, in addition to the costs of such removal.
Any item removed in accordance with this section, if of sufficient value to more than pay the expenses thereof, shall be advertised by the Commissioner for sale for ten days in a newspaper of general circulation and, after expiration of that time, shall be sold by the Department to the highest bidder; provided where there is no bidder for any such article, the Commissioner shall dispose of such article in the most cost-efficient manner; provided further that the owner may reclaim such article if the owner notifies the Commissioner in writing and pays the penalty and costs to remove such article prior to the expiration of the time for sale of such item. The proceeds of such sale shall be paid into the City treasury and the balance, if any, after deducting the penalty and costs, shall be paid to any person furnishing satisfactory proof of ownership.
(j) The issuance of a public way use permit does not authorize or permit the installation, erection, maintenance or enlargement of a sign without a valid sign permit issued by the Department of Buildings.
(k) The Commissioner may promulgate rules for the administration and enforcement of public way use permits. Any person violating any such rule shall be subject to the fines prescribed in this section.
(Prior code § 34-1; Amend Coun. J. 12-15-99, p. 21529, § 6; Amend Coun. J. 5-9-07, p. 105047, § 17; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 12-4-08, p. 50506, § 14; Amend Coun. J. 1-13-10, p. 83228, § 1; Amend Coun. J. 11-8-12, p. 38872, § 184; Amend Coun. J. 12-12-12, p. 44485, § 7; Amend Coun. J. 11-14-18, p. 90308, Art. III, § 1)
Notes
| 17-17-0234.5 | The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein. The material is included in other provisions of the Chicago Municipal Code. The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions. Please click here for the appropriate American Legal order form in printable Adobe® PDF format. For additional information, you may visit American Legal's website by clicking here. |
| 17-17-0233 | The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein. The material is included in other provisions of the Chicago Municipal Code. The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions. Please click here for the appropriate American Legal order form in printable Adobe® PDF format. For additional information, you may visit American Legal's website by clicking here. |
| 17-17-0295 | The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein. The material is included in other provisions of the Chicago Municipal Code. The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions. Please click here for the appropriate American Legal order form in printable Adobe® PDF format. For additional information, you may visit American Legal's website by clicking here. |
| 17-17-0215 | The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein. The material is included in other provisions of the Chicago Municipal Code. The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions. Please click here for the appropriate American Legal order form in printable Adobe® PDF format. For additional information, you may visit American Legal's website by clicking here. |
(a) An application for a public way use permit shall be made to the department and shall include the following:
(1) the applicant's name and address, and the name and address of the property owner;
(2) a detailed drawing indicating the location of all public way uses on, over or under the public way for which a permit is required;
(3) proof of the required insurance;
(4) proof of the building's age if the building was constructed in or prior to 1922;
(5) the application fee, if applicable; and
(6) any other information required by the commissioner.
(b) The commissioner shall forward a copy of an application for subsidewalk space use to the commissioner of transportation within three days after receipt of the application. No public way use permit for subsidewalk space use shall be issued unless the commissioner of transportation, after reviewing the application, has approved the design of the subsidewalk space use.
(c) If the commissioner finds that the applicant meets the applicable requirements, the commissioner shall provide the application to the alderman of the affected ward. Upon passage of an ordinance approving the application, the commissioner shall issue the public way use permit to the applicant. If approval by ordinance is withheld, the commissioner shall deny the application and shall notify the unsuccessful applicant in writing of the denial within ten business days after the denial.
A public way use permit shall be denied or revoked if: (i) the granting of the public way use is not in the best interest of the public, would have a deleterious impact on the neighborhood, or would create a nuisance either on the public way or in the surrounding area; (ii) the design of, or materials used in, the public way use does not comport with the quality or character of the existing streetscape; (iii) the use interferes with or impedes the flow of pedestrian or vehicular traffic, or ingress or egress from any surrounding building, the use of any pole, traffic signs or signals, hydrants, mailboxes or other objects located near the location of the proposed use; or (iv) the applicant makes any false statements, submits any false information or misrepresents any information required under this section.
(d) The term of a public way use permit shall be for five years. The annual fee for the first year shall be due at the issuance of the permit and the remaining annual fees shall be paid, as provided for in rules and regulations; provided that the proof of insurance required as a condition of the permit be submitted annually, as provided for in the rules and regulations.
(e) All public way use permits shall be subject to the following:
(1) Each public way use and the structures and appliances authorized by the permit shall be maintained and used in accordance with all applicable laws, including the ordinances of the city and the directions of the commissioner, the commissioner of streets and sanitation, the building commissioner, and the commissioner of transportation. The permittee shall keep that portion of the public way in, over, under or adjacent to the public way use in good condition and repair, safe for public travel, and free from snow, ice and debris to the satisfaction of the commissioner of transportation.
(2) Notwithstanding any other provision of this section, the public way use granted by the permit is subject to amendment, modification or repeal and a public way use permit may be revoked at the discretion of the mayor or the commissioner at any time, without cause and without the consent of the permittee. Upon termination of the permit, the permittee, at his or her own expense and without cost or expense to the city, shall remove, within 30 days of such termination and without the notice required in Section 10-28-010, the public way use and any structures and appliances authorized by the public way use permit and restore the public way where disturbed by the public way use or by the removal thereof, to a proper condition under the supervision and to the satisfaction of the commissioner of transportation.
(3) In the event of failure, neglect or refusal of the permittee to perform any of his or her obligations, the city may, at its option, either (i) perform such work and charge the cost to said permittee, or (ii) determine what the cost of the work shall be and bill the permittee for the cost, or combine the two methods. Immediately upon receipt of notice of such cost, the permittee shall pay the city such amount.
(4) The permittee shall be responsible for and shall pay for the removal, relocation, alteration, repair, maintenance, and restoration of, city-owned structures or appliances located in or adjacent to the public way, including pavement, bridges, subways, tunnels, vaults, sewers, water mains, conduits, pipes, poles and other facilities and utilities, which are necessary or appropriate on account of the permittee's use of the public way. The commissioner of transportation is authorized, in his or her discretion and from time to time during the permittee's use and occupancy of the public way until the restoration of the public way, to determine the work which is or will be necessary or appropriate and the cost involved to perform such work and is authorized to collect a deposit prior to commencing any work and to charge the permittee all actual costs for causing all such work to be performed. The decision of the commissioner of transportation shall be final and binding. The permittee, upon receiving written notification from the commissioner of transportation of the required deposit or the cost of such work, shall immediately pay or deposit such amount as directed by the commissioner.
(5) The permittee shall furnish to the department, prior to issuance of the public way use permit, proof of insurance evidencing commercial general liability coverage in an amount not less than $1,000,000.00 per occurrence, covering bodily injury, personal injury and property damage, that may result from issuance of the permit or use of the public way. The insurance shall name the city and its agents and employees as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the permittee's operations and shall also clearly indicate that the public way use being permitted is covered by the insurance policy. Every policy required shall require 30 days' advance notice to the commissioner prior to cancellation or lapse of the policy. Proof of renewal of such insurance coverage shall be furnished to the department no later than 30 days prior to the expiration of the policy. The insurance coverage shall be maintained at all times by the permittee until: (i) the public way use authorized by the permit is removed; (ii) the public way is restored to the satisfaction of the commissioner of transportation; and (iii) all fees due the city have been paid.
(6) Apart from and separate from any insurance requirement under this section, the permittee shall indemnify, defend, keep and save harmless the city, its agents and employees against all claims, liabilities, judgments, costs, damages and other expenses which may in any way arise or accrue against, be charged to or recovered from the city, its agents or employees in consequence of the permission given by the public way use permit, or any act or thing done or omitted or neglected to be done by the permittee, its agents or employees in and about the construction, reconstruction, maintenance, operation, use or removal of the authorized public way uses and structures or appliances thereof, operation or restoration of the public way as required, including those arising from any personal injuries or deaths or damage or destruction of property.
(f) The permit shall be valid only to the person to whom it was issued and it shall not be subject to sale, assignment, or transfer, voluntary or involuntary, except upon the approval of the commissioner.
(g) As a condition of the permit, the permittee shall keep all information current. Any change in required information shall be reported to the department within 30 days after the change.
(Added Coun. J. 1-13-10, p. 83228, § 1; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 34; Amend Coun. J. 7-20-16, p. 28911, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 34)
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