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Every person using the space under any sidewalk shall at his own expense and at all times keep such sidewalk in good and safe condition and repair and clear and free from all snow, ice, dirt, filth or other obstructions or encumbrances. All such repairing and cleaning shall be done in accordance with the regulations of the department of transportation.
The Commissioner of Business Affairs and Consumer Protection, upon recommendation of the Commissioner of Transportation, shall order the revocation of the permit for failure to comply with any provision of this section. Revocation shall be in addition to any fines assessed.
(Prior code § 34-45; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 6-14-95, p. 2841; Amend Coun. J. 12-15-99, p. 21529, § 6; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 11-9-16, p. 36266, § 9)
No cesspool shall be constructed or located for use, or kept or operated, and no explosive substance or flammable oil or substance shall be stored or kept for any purpose under any sidewalk, and no excavation shall be ventilated into the public ways unless the aperture or ventilating hole or opening shall be securely covered as herein provided.
(Prior code § 34-46)
The owner and the person in possession of the abutting premises, in front of which a coalhole or vault is constructed, shall be held jointly responsible to the city for any and all damages to persons or property in consequence of any defect in the construction of such vault or coalhole, or for allowing the same, or any portion thereof, to remain out of repair, and such owner shall be required to keep such vault or coalhole, its walls and coverings, in good order at all times.
The owner and the person in possession of any premises abutting on such a coalhole or vault shall be held jointly responsible to the city for any and all damages occasioned to persons or property in consequence of the aperture in the sidewalk being left exposed and uncovered, or in consequence of the covering thereof being left insecure or unfastened.
(Prior code § 34-47)
A public way use permit for subsidewalk space use may be denied, revoked or canceled for any reason set forth in Section 10-28-015.
(Prior code § 34-48; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 12-15-99, p. 21529, § 6; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 5-9-07, p. 105047, § 17; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 1-13-10, p. 83228, § 1)
(a) Every user of vault space, that is located under the public way and that has an area of at least 30 square feet and that is deeper than three feet below the surface grade of the public way, shall cause the vault to be inspected periodically under the certification of a licensed engineer. Vaults within the central business district, as defined in Chapter 9-4 of this Code, shall be inspected annually; vaults outside the central business district shall be inspected no less than once every three years. Required inspections shall be conducted at the vault user's expense. The user of the vault shall maintain records of inspections under this section for a period of three years, and shall make the records available for review by the department of transportation, the department of business affairs and consumer protection and the department of buildings on demand during regular business hours.
(b) If the inspection indicates the need for any repairs, alterations or other work, the vault user shall prepare a written report indicating the following: the location of the vault; the purpose for which the vault is used; the date of commencement of the work; the date of completion of the work; the nature of the work; and the name and address of each contractor performing any portion of the work. The report shall be filed with the department of transportation, the department of business affairs and consumer protection and the department of buildings in accordance with rules issued by those departments. In preparing the rules, those departments shall consider the purpose for which the vault space is used, the nature of equipment or items stored in a space, the proximity of vault space to the public way, and other factors that may affect public safety.
(c) Any vault user who fails to obtain a required inspection, or who fails to maintain inspection records or file a required inspection report, or who provides false or misleading information in an inspection report, shall be subject to a fine of not less than $200.00 and not more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 2-9-94, p. 45320; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5)
Notes
| 9-4 | 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. |
ARTICLE XI. BENCHES ON PUBLIC WAYS* (10-28-640 et seq.)
* Editor’s note – Coun. J. 11-14-18, p. 90308, Art. III, § 1, amended the title of this article, which formerly read “Advertising Benches on Public Ways”.
For the purpose of this article:
“Advertising bench” means a long seat for the accommodation of two or more people which is so designed as to permit the placement of any advertisement, slogan, or message.
“Bench” means a long seat for the accommodation of two or more people.
“Commissioner” means the Commissioner of Transportation of the City of Chicago or the Commissioner’s designee.
“Contractor” means a person who is awarded a contract for the placement and removal of advertising benches pursuant to this article.
“Department” means the Department of Transportation of the City of Chicago.
“Person” means any individual, corporation or other business entity, partnership, association or any other legal entity.
“Public way” includes any public street or alley from property line to property line, any city-owned parks, and any and all sidewalks, plazas owned by the city and parkways dedicated to public use.
“Transfer” means the sale of an interest and every other method, direct or indirect, conditional or unconditional, voluntary or involuntary, of disposing of or parting with an interest in a permit, including by means of a pledge, lien, encumbrance, gift, security interest or otherwise.
(Added Coun. J. 12-19-90, p. 28705; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 11-14-18, p. 90308, Art. III, § 1)
(a) Beginning 90 days after the effective date of this article, no person shall place or maintain any advertising bench on or over the public way except as permitted under this article.
(b) The commissioner may grant authority for the use of the public way for the placement of advertising benches within the city or within a defined portion of the city, in the manner provided in this article.
(c) The authority to place advertising benches on the public way in any territory within the city shall be awarded by contract pursuant to the competitive bidding procedures set forth in Division ten of Article 8 of the Illinois Municipal Code and Chapter 2-92 of the Municipal Code of Chicago.
(d) Before accepting bids for any such contract, the department shall, by rule or regulation, define the territory or territories in which the authority to place advertising benches will be granted.
(e) Any person awarded a contract under this section must:
(1) Place advertising benches on the public way only as permitted by this article;
(2) Remove, at the direction of the department, advertising benches illegally situated on the public way within the territory, in accordance with a schedule developed by the department and incorporated into the contract;
(3) Pay the city a monthly rental fee for each advertising bench placed or maintained on the public way by the contractor. Such fee shall be the amount that is bid in the competitive bidding process.
(f) A contract awarded pursuant to this section shall be in effect for a period of three years unless terminated pursuant to this chapter or pursuant to the terms of the contract. A contract may be extended by mutual agreement for a period of one year or less, but may not be so extended more than three times.
(g) A contract awarded pursuant to this section may contain such penalties, rewards or other inducements as the commissioner or the corporation counsel considers necessary to further the purposes of this article, and may provide for arbitration as a means for settling disputes arising under the contract. The contract may also provide that the city will in whole or in part indemnify the contractor against liability arising from the exercise of the contractor's duties pursuant to the contract.
(h) Any advertising bench 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. 12-19-90, p. 28705; Amend Coun. J. 1-13-10, p. 83228, § 1)
Notes
| 2-92 | 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) Applications for permits to place advertising benches at particular locations shall be made by the contractor to the commissioner on forms provided by him for such purpose. Each application shall contain the proposed location of the advertising bench, a brief description of the size and shape of the bench and a drawing showing the exact proposed placement of the bench at the location. The application shall be reviewed by the department to insure that the proposed location and placement are in conformity with this article and with rules and regulations governing the placement of such benches in the public way promulgated pursuant to Section 10-28-690. Within ten business days of receiving any application, the commissioner shall notify the alderman of the ward in which the bench is proposed to be placed, who shall respond in writing with his specific objections, if any, within 15 days of receiving such a notice.
(b) If the commissioner determines that the proposed location of the advertising bench is in compliance with this article and all rules and regulations adopted pursuant thereto, he shall issue a permit to the contractor for the bench. A permit shall be valid for the duration of the contract unless the permit is terminated by the commissioner for any violation of this article or for any other reason specified in this article. Permits shall be nontransferable, and any attempt to transfer such a permit shall result in the immediate expiration of the permit. The monthly fee for placing or maintaining an advertising bench on the public way shall apply from the first day of the month following the month in which the permit is issued. The fee shall be paid each month or on such other periodic basis that the commissioner may establish by rule.
(c) Each contractor shall provide proof to the commissioner that such contractor has obtained commercial general liability insurance with limit of not less than $300,000.00 per occurrence for bodily injury, personal injury and property damage in connection with all of the contractor's advertising benches, naming 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 aggregate amount of the insurance shall be an amount determined by the city comptroller, office of risk management, to be sufficient to cover all potential liability arising from the placement of the advertising benches.
No insurance policy shall be subject to cancellation except upon 30 days' prior written notice to the commissioner. A contractor shall maintain his insurance coverage so long as he keeps any advertising bench upon a public way. The term of any such policy shall be at least for the duration of any permit for any advertising bench issued to the contractor. Upon the termination or lapse of the contractor's insurance coverage, any permit issued to him shall expire.
(d) A contractor who applies for one or more permits shall post a cash bond with the city comptroller in an amount specified in the contract for the purpose (1) of assuring the prompt removal of any advertising bench upon expiration and nonrenewal of its permit or whenever ordered or required to remove an advertising bench pursuant to any provisions of this Code or the contract, and (2) of repairing any damage to the public way caused by the presence of any advertising bench placed by the contractor. The cost to the city of removing any such bench or making such repairs shall be deducted from the contractor's bond.
Whenever the commissioner assesses a cost against a contractor's bond, he shall provide him at least ten days' advance notice and inform him of his right to appeal and the manner of appealing the assessment in a public hearing in accordance with rules and regulations promulgated pursuant to Section 10-28-690. A contractor shall restore any amounts properly deducted from his bond within ten days after the deduction is made. Bonds shall remain with the comptroller for 90 days after the contractor certifies to the commissioner that all advertising benches maintained by the contractor have been removed following the expiration or relinquishment of the contractor's last permit. Any balance remaining shall thereafter be promptly refunded.
(e) Each advertising bench shall exhibit the permit issued for that location in permanently painted characters of at least one inch in height with one-fourth inch stroke in a contrasting color. Any bench failing to exhibit such information in the appropriate form may be removed pursuant to this article.
(f) Whenever any advertising bench placed lawfully upon the public way by the contractor endangers public safety or property or becomes a public nuisance, or whenever construction or a change in the configuration of the public way necessitates the removal or relocation of such bench, or whenever the condition or placement of such bench is not in compliance with this article, the commissioner shall order the contractor to remove or relocate the bench at the contractor's expense, or shall cause the bench to be removed at the contractor's expense after giving the contractor ten days' written notice.
(Added Coun. J. 12-19-90, p. 28705; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 36; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 36)
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