You are viewing an archived code
Loading...
It shall be unlawful for any person to shovel or throw upon the public way any amount of ice or snow which is obstructive to the moving or parking of any vehicle or the parking of any bicycle at a bicycle parking rack or the moving of any bicycle or which impedes the normal routing of pedestrian traffic, including access to any bicycle share station, bus stop or train station or building entrance. Any person who violates this section shall be fined not less than $50.00 nor more than $500.00 for each offense, and each day such offense shall continue shall constitute a distinct and separate offense.
(Prior code § 34-2.1; Added Coun. J. 4-25-85, p. 15821; Amend Coun. J. 10-28-15, p. 11951, Art. VII, § 5)
Except as otherwise allowed by this Code or by regulations issued by the commissioner of transportation, no person shall erect or place any building, structure, or other stationary object, in whole or in part, upon any public way or other public ground within the city. The commissioner of transportation may issue permits for the temporary placement of tables or stands on public sidewalks pursuant to regulations. The regulations promulgated by the commissioner of transportation for the placement of such temporary stands or tables shall not become effective until 30 days after notice of such regulations has been submitted to the city council and its committee having jurisdiction over privileges in the public way. Every person that violates or fails to comply with the provisions of this section or the regulations issued hereunder shall be fined not less than $50.00 and not more than $500.00 for each offense. Every day that a violation continues shall constitute a separate and distinct offense. The owner of any building, structure or object illegally placed on the public way shall also be subject to removal of the building, structure or object, at the owner's expense. Any item which is temporarily placed on the street under permit by the commissioner of the department of transportation shall have on each of its sides a reflector so that it shall not constitute a hazard to traffic and/or individuals.
(Prior code § 34-3; Amend Coun. J. 2-6-91, p. 30365; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 4-16-96, p. 20800)
The chief procurement officer, in cooperation with the commissioner of transportation, is authorized to negotiate and enter into one or more contracts that authorize the installation of street furniture on the public way, including but not limited to, benches, newspaper stands, kiosks, information booths and shelters. The chief procurement officer shall enter into such contracts only when the chief procurement officer and the commissioner determine that the contracts are in the public interest based upon the following considerations:
(1) The extent to which the street furniture will serve the convenience or safety of the public;
(2) The extent to which the street furniture will enhance the esthetic appeal of the streetscape;
(3) The ability of the contractor to place, install and maintain street furniture of suitable design and quality, and to perform other obligations under the contracts;
(4) The ultimate financial cost or economic benefit to the city from the contract; and
(5) The degree of participation of minority and women-owned businesses in the contract to the extent that preferences for such businesses are permitted by law.
The chief procurement officer is authorized to issue requests for proposals or requests for qualifications whenever the chief procurement officer or the commissioner determines that such requests are necessary for purposes of this section. Any contract entered into pursuant to this section shall be subject to approval as to form and legality by the corporation counsel.
Any street furniture on the public way authorized pursuant to this section shall not require the issuance of a public way use permit pursuant to Section 10-28-010.
(Added Coun. J. 6-9-99, p. 5442; Amend Coun. J. 7-19-00, p. 38206, § 1; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 1-13-10, p. 83228, § 1)
The chief financial officer, in cooperation with the commissioner of transportation, is authorized to enter into a coordinated city digital sign program agreement that authorizes the installation of city digital signs on or projecting into the public way. Any city digital signs on or projecting into the public way authorized pursuant to this section shall not require the issuance of a public way use permit pursuant to Section 10-28-010 or payment of a public way use fee pursuant to Section 10-28-017.
(Added Coun. J. 12-12-12, p. 44485, § 7)
Except as specifically permitted by this Code or when authorized by contract entered into by the chief procurement officer in cooperation with the commissioner of transportation pursuant to Section 10-28-045, it shall be unlawful for any person to erect, place or maintain in, upon or over any public way or other public place in the city, any fruitstand, shoeshining stand, flower stand, vegetable stand, lunch wagon, table, box, bin or any other arrangement or structure for the display or sale of goods, wares or merchandise, or for the pursuit of any occupation whatsoever unless a permit for the same shall be obtained from the commissioner of business affairs and consumer protection or the commissioner of transportation; provided, that the commissioner of business affairs and consumer protection shall issue no such permits except for the purpose of operating a produce stand by a produce merchant, as provided in Section 10-28-060 of this chapter, and provided that the commissioner of transportation shall issue no such permits except for the purpose of exhibiting for sale daily newspapers, within such districts as are or have been designated by the city council.*
(Prior code § 34-4; Amend Coun. J. 11-30-94, p. 62597; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1; Amend Coun. J. 6-6-12, p. 28654, § 3; Amend Coun. J. 11-19-14, p. 98037, § 13)
* Editor's note – Ordinances designating such districts are on file in the city clerk's office.
(a) A produce stand on the public way program (“program”) is hereby created as provided in this section.
(b) The following definitions shall apply for purposes of this section:
(1) “Area underserved by grocery stores” has the meaning ascribed to that term in Section 4-8-010 of this Code.
(2) “Commissioner” means the commissioner of business affairs and consumer protection.
(3) “Department” means the department of business affairs and consumer protection.
(4) “Produce” has the meaning ascribed to that term in Section 4-8-010 of this Code.
(5) “Produce stand” has the meaning ascribed to that term in Section 4-8-010 of this Code.
(c) It shall be unlawful for any person to erect or operate any produce stand on the public way without first obtaining a public way use permit from the department as provided herein.
(d) (1) The commissioner is authorized to issue a public way use permit for operating a produce stand at locations designated pursuant to subsection (d)(2) of this section.
(2) The commissioner of planning and development, in consultation with the commissioner of business affairs and consumer protection and the commissioner of transportation, is authorized to designate by rule up to 50 locations in the city where public way use permits may be issued for operating produce stands. In designating such locations the commissioner of planning and development shall consider such factors, as determined by rule, that would help to determine appropriate locations for operating produce stands on the public way, including, but not limited to, any one or more of the following:
(i) the proximity of the location to public transit stations;
(ii) the amount of pedestrian traffic in the location; or
(iii) the proximity of the location to an area underserved by grocery stores, or the existence of the location in an area underserved by grocery stores.
(3) If the commissioner determines that there are more qualified applicants for a public way use permit to operate a produce stand on the public way than the maximum number of available public way locations specified in this subsection, the commissioner shall conduct a lottery or other neutral process for allocating permits among qualified applicants as set forth by rules promulgated by the commissioner. No applicant may possess more than 15 permits at one time.
(e) An application for a public way use permit for a produce stand shall be made to the department and shall include the following:
(i) the name and address of the applicant:
(ii) verification that the applicant is licensed as a mobile food vendor to engage in a produce merchant business or has applied for such license;
(iii) the location or proposed location of such produce stand;
(iv) the types of produce that will be sold from the stand;
(v) the days and times the stand will be operating;
(vi) a statement verifying that the applicant will conduct at least 33 percent of his produce merchant business within areas underserved by grocery stores, as defined in Section 4-8-010 of this Code;
(vii) a statement that such permit will be accepted subject to the conditions and provisions thereof and subject to the conditions and provisions of all laws and ordinances affecting the maintenance of such produce stand now or hereafter in effect; and
(viii) any other information or supporting material required by the commissioner that is reasonably necessary to determine compliance with this Code and all applicable rules and regulations, including plans, drawings and photographs of the applicant's proposed produce stand.
(f) The commissioner shall forward a copy of an application for a public way use permit for a produce stand to the commissioner of transportation and the commissioner of planning and development within three business days after receipt of the application. The commissioner shall not issue a public way use permit for a produce stand unless the commissioner of transportation and the commissioner of planning and development approve the application. In addition, the issuance of a public way use permit for the operation of a produce stand shall be dependent on the issuance of a valid mobile food vendor license to engage in a produce merchant business.
(g) The commissioner shall deny or revoke a public way use permit for operating a produce stand 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.
(h) A public way use permit for operating a produce stand shall be issued for a one year period from the time of its issuance. The fee for each public way use permit to operate a produce stand shall be $75.00 per year, and the fee shall not be prorated.
(i) A public way use permit for operating a produce stand shall be subject to all of the following requirements:
(1) The permit shall be valid only to the person to whom it was issued.
(2) 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.
(3) As a condition of the permit, the commissioner may enter into a written agreement with the permittee pertaining to the use of the public way for operating a produce stand.
(4) The issuance of the permit shall be subject to the requirements of Section 10-28-015(e) of this Code.
(j) In addition to all the requirements applicable to a produce merchant, the following requirements shall apply to operating a produce stand on the public way:
(1) All produce stands located on the public way must leave six feet of public way unobstructed for pedestrian passage.
(2) Any produce stand operating on the public way shall not be greater than 6.5 feet long, 3.5 feet wide, and 8 feet high.
(k) The commissioner shall have power to adopt rules as may be necessary or useful for the proper administration and enforcement of this program, including rules pertaining to the maintenance and appearance of produce stands on the public way.
(l) Advertisements may be displayed on produce stands operating on the public way as provided by rules and regulations adopted by the commissioner.
(Added Coun. J. 6-6-12, p. 28654, § 3; Amend Coun. J. 7-25-12, p. 31326, § 3; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 21, and Art. II, § 4; Amend Coun. J. 11-19-14, p. 98037, § 19; Amend Coun. J. 12-9-15, p. 15481, § 6; Amend Coun. J. 7-20-16, p. 28718, § 5)
Editor's note – Coun. J. 1-13-10, p. 83228, § 1, repealed a former § 10-28-060, which pertained to barber poles and temporary signs.
Notes
| 4-8-010 | 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. |
| 4-8-010 | 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. |
Except as specifically permitted by this Code or by a duly enacted ordinance or when authorized by contract entered into by the chief procurement officer in cooperation with the commissioner of transportation pursuant to Section 10-28-045, or by contract entered into by the chief financial officer and approved by the city council pursuant to Section 10-28-046, no person shall place, install or knowingly maintain on the surface of the public way any sign or a structure or device to which such a sign is affixed. Any such sign, structure or device that is placed, installed or maintained on the public way in violation of this section is hereby declared a public nuisance and may be removed at any time by the commissioner of business affairs and consumer protection at the expense of the person responsible for the violation.
Any person who violates this section shall be subject to a fine of not less than $200.00 and not more than $500.00 for each offense. Each day that such violation occurs shall be considered a separate offense.
(Prior code § 34-5.1; Added Coun. J. 7-12-90, p. 18399; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 11-30-94, p. 62597; Amend Coun. J. 4-16-97, p. 42736; Amend Coun. J. 6-9-99, p. 5442; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 11-8-12, p. 38872, § 185; Amend Coun. J. 12-12-12, p. 44485, § 7; Amend Coun. J. 5-6-15, p. 108095, § 1)
Loading...