10-28-281.2 Permit required.

   (A)   The taking of public protection measures for a Type I, Type II and Type III activity shall require a permit issued by the commissioner subject to the requirements of this section.

   (B)   For an obstruction caused by a construction canopy, the person providing the canopy must apply for and obtain the permit.

   (C)   For an obstruction of a public place for a Type III activity, the building's owner shall provide to the department of transportation a complete schedule of prospective Type III activities for that owner's building for a one-year period. The owner shall be required to submit the schedule no earlier than December 15 and no later than the last business day of each year for the preceding year. The permit for an obstruction of a public place for a Type III activity in a public place shall expire on December 31 in the year for which the permit is issued. For the year 2003, the owner shall submit the schedule no later than March 1, 2003.

   (D)   An application for a permit issued pursuant to this section shall contain: (1) the name of the applicant; (2) the name, address and telephone number of the owner of the building requiring the obstruction and, if applicable, the provider of the construction canopy; (3) the location of the proposed obstruction; (4) the purpose of the obstruction; (5) whether the obstruction is (a) for the alteration, maintenance or repair of a building's exterior facade; (b) for exterior work conducted pursuant to the City's critical examination program, Sections 13-196-033 through 13-196-037, inclusive; (c) for demolition; (d) for new construction; or (e) for any other type of construction or maintenance; (6) the proposed commencement date and the estimated duration of the obstruction; and (7) evidence of a commercial general liability insurance, issued by an insurer authorized to insure in Illinois, in an amount not less than $1,000,000.00 per occurrence, for bodily injury, personal injury and property damage arising in any way from the permit or activities conducted pursuant to the permit. The insurance policy required under this subsection shall name the City of Chicago as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the permittee's operations. The applicant shall maintain the insurance required under this subsection in full force and effect throughout the duration of the permit period.

   (E)   All information in the permit application must be kept current. The permittee must notify the commissioner of any changes within five business days, and any appropriate additional fees shall be assessed. If a permittee wishes to conduct work different from that listed on the permit application, or wishes to change the location of the obstructed area, the permittee must file an amended application for a permit. The permittee must then pay any applicable additional fees based on the amendments to the permit.

   (F)   Any permit issued pursuant to the terms of this section may be revoked by the commissioner at any time for violation of the terms of the permit.

   (G)   The commissioner may delay issuance of a permit in order to prevent interference with other work in progress on the public way, a parade, or special events, for which necessary permits have already been issued.

   (H)   Nothing in this section shall require a permit for a dumpster, as defined in Section 10-28-799(A) of the Code, that is validly permitted pursuant to Section 10-28-799.

   (I)   Any structure authorized by this section to be on or over the public way shall not require the issuance of a public way use permit pursuant to Section 10-28-010.

(Added Coun. J. 12-4-02, p. 99026, § 7.1; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1; Amend Coun. J. 1-13-10, p. 83228, § 1; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 35; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 35)

10-28-281.3 Permit fees.

   (A)   Obstruction of a public place. For an obstruction of a public place for a Type III activity, the permittee shall pay a yearly fee of $100.00. For an obstruction of a public place for a Type I and a Type II activity, the fee shall be $50.00 per permit.

   (B)   Obstruction of public way – initial permit fees. For an obstruction of the public way within the Central Business District, for the first 180 days for a Type I and Type III activity and for the first 540 days for a Type II activity, the permit fees per month for each foot of frontage obstructed shall be as follows:

Initial Permit Fees:

Type of obstruction	Permit fee
Sidewalk or parkway - partial closure	$4.00, but in no event less than $80.00 per month
Sidewalk or parkway - total closure	$8.00, but in no event less than $160.00 per month
Bicycle lane - total closure	$8.00, but in no event less than $160.00 per month
Street lane containing parking spaces	$20.00, but in no event less than $400.00 per month
Street lane normally used for vehicular traffic, including a bus lane	$40.00, but in no event less than $800.00 per month
Alley - if a lane of at least 10 feet is left unobstructed	$10.00, but in no event less than $200.00 per month
Alley - if a lane of at least 10 feet is not left unobstructed	$20.00, but in no event less than $400.00 per month

 

   (C)   Type I and Type III activity fees – after first 180 days. In the event that the permittee seeks to continue its permitted status for a Type I or Type III activity after 180 days, the fees for each month of each foot of frontage used shall be as follows:

Type I and Type III activity fees - after 180 days:

Type of obstruction	181 – 360 days after the initial permit date	361 – 540 days after the initial permit date	More than 541 days after the initial permit date
Sidewalk or parkway - partial closure	$8.00, but in no event less than $160.00 per month	$12.00, but in no event less than $240.00 per month	$16.00, but in no event less than $320.00 per month
Sidewalk or parkway - total closure	$16.00, but in no event less than $320.00 per month	$24.00, but in no event less than $480.00 per month	$32.00, but in no event less than $640.00 per month
Bicycle lane - total closure	$16.00, but in no event less than $320.00 per month	$24.00, but in no event less than $480.00 per month	$32.00, but in no event less than $640.00 per month
Street lane containing parking spaces	$40.00, but in no event less than $800.00 per month	$60.00, but in no event less than $1200.00 per month	$80.00, but in no event less than $1600.00 per month
Street lane normally used for vehicular traffic, including a bus lane	$80.00, but in no event less than $1600.00 per month	$120.00, but in no event less than $2400.00 per month	$160.00, but in no event less than $3200.00 per month
Alley - if a lane of at least 10 feet is left unobstructed	$20.00, but in no event less than $400.00 per month	$30.00, but in no event less than $600.00 per month	$40.00, but in no event less than $800.00 per month
Alley - if a lane of at least 10 feet is not left unobstructed	$40.00, but in no event less than $800.00 per month	$60.00, but in no event less than $1200.00 per month	$80.00, but in no event less than $1600.00 per month

 

   (D)   Type II activity fees – after first 540 days. In the event the permittee seeks to continue its permitted status for a Type II activity after 540 days, the fees for each month of each foot of frontage used shall be as follows:

Type II activity fees - after 540 days:

Type of obstruction	After 540 days
Sidewalk or parkway - partial closure	$8.00, but in no event less than $160.00 per month
Sidewalk or parkway - total closure	$16.00, but in no event less than $320.00 per month
Bicycle lane - total closure	$16.00, but in no event less than $320.00 per month
Street lane containing parking spaces	$40.00, but in no event less than $800.00 per month
Street lane normally used for vehicular traffic, including a bus lane	$80.00, but in no event less than $1600.00 per month
Alley - if a lane of at least 10 feet is left unobstructed	$20.00, but in no event less than $400.00 per month
Alley - if a lane of at least 10 feet is not left unobstructed	$40.00, but in no event less than $800.00 per month

 

   (E)   The use of a construction canopy which obstructs the public way, but allows for pedestrians to pass under the structure, shall be considered a partial closure for the calculation of the above permit fees.

   (F)   The charges described in this section shall be cumulative by type of obstruction, and any period over three days shall be counted as a full month in calculating these charges. These charges are in addition to any appropriate charges for restoration of the public way due to alteration or damage, loss of parking meter revenues, for costs of relocation of parking meters, and for costs of relocation of traffic control devices.

   (G)   For an obstruction of the public way outside the Central Business District and for an obstruction estimated to last no longer than three days, the permit fees shall be one-half of the amounts in subsections (B), (C) and (D).

   (H)   Duration of an obstruction shall be calculated from the original date of the obstruction to its removal, regardless of the number of amended permit periods; however, if a permit is issued for a construction canopy for the purposes of demolition (a Type I activity) and the construction canopy remains in place during subsequent new construction (a Type II activity), a new Type II permit is necessary and the duration of the obstruction shall be calculated from the date of the new permit.

   (I)   In addition to any other fee required by this section, a reinspection fee of $100.00 shall be assessed against any person issued a permit under this section whenever the department of transportation conducts a reinspection after an initial inspection to verify compliance with the municipal code or any conditions of the permit issued under this section. A reinspection fee shall also be assessed whenever any scheduled inspection by the department of transportation cannot take place because of the absence of, or other action or inaction, taken by the permittee.

(Added Coun. J. 12-4-02, p. 99026, § 7.1; Amend Coun. J. 11-19-08, p. 48243, Art. I, § 1)

10-28-281.4 Prohibited uses of traffic and curb lanes.

   A permit issued pursuant to this chapter does not allow its holder to locate a temporary office or other structure, or any materials within an obstructed traffic or curb lane. The permit holder also may not locate a vehicle within an obstructed traffic or curb lane, unless the vehicle is being used for the expeditious loading or unloading of materials, tools or supplies, or the permittee obtains prior approval from the commissioner. A violation of this section shall result in a fine of $500.00 per day for each violation.

(Added Coun. J. 12-4-02, p. 99026, § 7.1; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)

10-28-281.5 Penalties.

   (A)   Failure to obtain permit. Any person who fails to take public protection measures, or takes public protection measures without having first obtained the necessary permits, or obstructs a public way or public place in the city without having first obtained the necessary permit from the commissioner of transportation, or who violates the terms or conditions of a permit for such work, shall be subject to a penalty for each offense of not less than $500.00 nor more than $2,500.00 per day.

   (B)   Failure to amend permit. If a permittee fails to obtain an amended permit before the permit's expiration date, the permittee and the building owner shall be subject to a fine of not less than $500.00 nor more than $2,500.00 per day for each violation, plus the delinquent permit fees shall be increased by ten percent.

   (C)   Non-compliant obstruction. If the dimensions of the obstruction exceed the dimensions allowed by the permit, the permittee and the building owner shall jointly be assessed a fine equal to $1,000.00 per day for each violation, plus any appropriate additional fees for the obstruction.

   (D)   Inactivity. If three consecutive months of inactivity are found at a permitted site on the public way, the permittee and the building owner shall be jointly assessed, in addition to any above fees, a fine of not less than $1,000.00 nor more than $2,500.00 per day. The commissioner of transportation, the executive director of emergency management and communications and the commissioner of buildings shall be authorized to inspect the permittee's and the owner's books and records at any time during regular business hours to determine the period of inactivity, and shall have the authority to enforce this chapter.

(Added Coun. J. 12-4-02, p. 99026, § 7.1; Amend Coun. J. 12-15-04, p. 39840, § 1; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)