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(a) Each contractor shall have the authority to remove illegal advertising benches only in the territory for which the contract is awarded. The contract of a contractor who fails to remove illegal advertising benches in accordance with the terms of such contracts shall be subject to termination at any time by the department.
(b) The city shall have the authority to remove any illegally situated advertising bench that is not removed by the contractor. Any advertising bench removed by the city may be reclaimed by its owner within ten days after it is removed, upon the payment of a $100.00 removal and storage fee. If the bench is not reclaimed within such ten-day period, it may be disposed of as unclaimed property. The city may assess against the contractor's bond any of the city's unreimbursed expenses of removing a bench pursuant to this subsection.
(c) Any illegally situated advertising bench removed by a contractor shall be retained by the contractor for at least ten days. The owner of the advertising bench may reclaim the bench from the contractor within such time upon the payment to the contractor of a $100.00 removal and storage fee. If the bench is not reclaimed within such 10-day period, the contractor may dispose of the bench as he sees fit.
(d) At least ten days before an advertising bench that is illegally situated on the public way is removed pursuant to this article, the city, or the contractor acting as agent for the city, shall affix a notice to the bench stating: (1) that the bench will be removed at the owner's expense if not removed by the owner within ten days; and (2) the address at which the bench may be reclaimed within ten days after it is removed, upon the payment of a $100.00 storage and removal fee.
In addition, if the address or telephone number of the owner of the bench is reasonably ascertainable from the bench itself, the city, or the contractor acting as agent for the city, shall provide the above information to the owner by mail or telephone at least ten days before the bench is removed.
However, when the city removes an illegally situated advertising bench maintained by the contractor, notice pursuant to this paragraph shall be made only by mail to the contractor at least ten days before the bench is removed.
Notwithstanding the provisions of subsection (d), the city, or a contractor operating under the direction of the city, shall have the authority to remove or relocate an advertising bench that poses an immediate threat to the health or safety of the public, without providing notice as required by that subsection.
(Added Coun. J. 12-19-90, p. 28705)
ARTICLE XI-A. NEWSRACKS (10-28-750 et seq.)
As used in this article, unless the context clearly requires otherwise:
“Newsrack” means any self-service or coin- operated box, container or other dispenser installed, used, or maintained on the public way for the sale or distribution of newspapers, periodicals or other publications from that dispenser.
“Distributor” means the person responsible for placing, installing or maintaining a newsrack on the public way.
“Public way” shall have the meaning ascribed to the term in Section 1-4-090 of this Code.
“Commissioner” means the commissioner of transportation or his or her designee.
“Central Business District” has the meaning ascribed to the term in Section 9-4-010 .
“Multiple newsrack” means a newsrack designed to dispense two or more different publications.
“Intersection” means that portion of the public way which surrounds the intersecting portion of two or more roadways, extended along each roadway to the mid point of each block.
(Added Coun. J. 4-1-98, p. 65351)
Notes
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No newsrack shall be placed, installed or maintained:
(a) Within five feet of any marked or unmarked crosswalk.
(b) Within five feet of a fire hydrant.
(c) At any location where the clear space for the passageway of pedestrians is reduced to less than six feet in the Central Business District, or less than three feet outside the Central Business District.
(d) On any area of lawn, flowers or shrubs or other similar landscaping, or in such a manner where ordinary use of the newsrack will cause damage to such landscaping.
(e) Within five feet of any driveway, alley, loading zone, handicapped ramp or curb cut.
(f) On any grating or manhole cover.
(g) On any surface where the newsrack will cause damage to or interfere with the use of any pipes, vault areas or telephone or electrical cables and wires.
(h) In the case of a multiple newsrack, within two feet of a curb face.
(i) Within the initial 20 feet of any area used by the Chicago Transit Authority for loading and unloading passengers at a bus stop, measured from the front position of the bus.
(j) Within a multiple newsrack area except as permitted by this article.
(k) Outside of a multiple newsrack area but within 200 feet of a multiple newsrack lawfully situated within such an area.
(l) Within five feet of a bicycle parking rack.
(m) Within five feet of a bicycle share station.
(Added Coun. J. 4-1-98, p. 65351; Amend Coun. J. 10-28-15, p. 11951, Art. VII, § 6)
(a) Each newsrack shall be sufficiently weighted to provide stability and safety. Newsracks shall be maintained in orderly rows. Within the central business district, no newsrack shall be chained, tied or otherwise fastened to a tree, signpost, streetlight, telephone pole or other fixture on the public way.
(b) Each newsrack shall be maintained undamaged and in good operating order at all times, and shall be kept free of graffiti and of litter and other debris. Newsracks shall be kept reasonably free of chipped, faded, peeling and cracked paint.
(c) Each newsrack shall be plainly marked with the name, address and business telephone number of the distributor.
(d) Not later than June 1 of each year, every distributor shall submit to the commissioner a list, in a form specified by the commissioner, of the locations of all of the distributor's newsracks that were situated on the public way as of May 1 of that year.
(e) A newsrack that remains severely damaged and beyond repair or empty for a period of 30 days or more shall be considered abandoned and in violation of this article.
(Added Coun. J. 4-1-98, p. 65351; Amend Coun. J. 9-1-04, p. 29942, § 1)
No person shall place, install or maintain a newsrack on the public way if such newsrack exceeds 26 inches in width, 26 inches in depth, or 50 inches in height; provided, however, that a coin slot not exceeding ten inches in width, ten inches in depth, or 25 inches in height, may be attached to the top of the newsrack, as long as the combined height of the newsrack and coin slot does not exceed 65 inches. This prohibition does not apply to multiple newsracks that are placed, installed or maintained within a multiple newsrack area in accordance with this article.
(Prior code § 34-13.1; Added Coun. J. 7-12-90, p. 18399; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 4-1-98, p. 65351)
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