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(A) Definitions. For purposes of this section, the following terms shall have the following meanings:
(1) (a) “Dumpster” shall mean any container used for the storage, collection, or removal of construction debris, demolition debris, or other discarded material but shall not include a refuse compactor or grease container, as defined in Section 10-28-791 of the Code, and shall also not include the refuse containers described in Section 7-28-210 of the Code.
(b) “Class A Dumpster” shall mean a dumpster with a capacity of 30 cubic yards or less.
(c) “Class B Dumpster” shall mean a dumpster with a capacity of greater than 30 cubic yards.
(2) “Graffiti” shall mean an inscription, drawing, mark or design that is painted, sprayed or otherwise placed on or in a dumpster without the consent of the provider.
(3) “Provider” shall mean the person who leases or otherwise provides a dumpster for temporary use at the location requested.
(B) Permit required. It shall be unlawful for any provider to place or maintain a dumpster on the public way unless such provider shall first obtain a dumpster permit. The department of transportation shall send by facsimile transmission a copy of the dumpster permit to the ward superintendent of the affected ward. A provider obtaining a valid dumpster permit pursuant to this section shall not be required to also obtain the permit required under Article V-A of Chapter 10-28 of the Code for such dumpster.
(C) Application. An application for a dumpster permit shall be made to the commissioner of transportation by the provider. In addition to such other information as the commissioner and the commissioner may require, the applicant shall state:
(1) The name, address and telephone number of the provider of the dumpster(s).
(2) The number of dumpster(s) intended to occupy the permitted location.
(3) The class of the dumpster(s) to be provided.
(4) The street address adjacent to where the dumpster(s) will be located.
(5) The intended use of the dumpster(s).
(6) The intended period of occupancy of the dumpster(s).
During the term of the permit, in the event the permit holder seeks to provide a larger class of dumpster than specified in the dumpster permit, or extend the time of occupancy beyond the time specified in the dumpster permit, application must be made to the commissioner of transportation for an amendment to the permit, and the appropriate adjustment to the permit fee must be submitted. Any change to item (2), (4) or (5) above will require application for and issuance of a new dumpster permit. Provided, however, that if the change to item (4) is necessitated by the presence of a fire hydrant or other object preventing legal placement of the dumpster at the street address for which initial application is made, an amendment to the permit will be acceptable, for no additional fee.
(D) Insurance. No dumpster permit shall be issued until the applicant for such permit shall first have presented to the commissioner of transportation proof of commercial general liability insurance against any liability, loss or claim arising out of the issuance of dumpster permits, or out of the placement, presence, use, maintenance or removal of the dumpsters. Such insurance shall: (1) be issued by an insurer authorized to insure in Illinois, (2) be in an amount no less than $1,000,000.00 per occurrence for bodily injury, personal injury and property damage, (3) name the City of Chicago, its officers, employees and agents as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the permittee's operations, (4) provide for 30 days' written notice to the commissioner of transportation prior to any lapse, cancellation or change in coverage, and (5) be maintained in full force and effect at all times that the dumpster remains on the public way.
(E) Security. No dumpster permit shall be issued until the applicant for such permit shall first have provided to the commissioner of transportation a letter of credit in the amount of $5,000.00 to ensure compliance with the provisions of this section and the permits issued thereunder, including payment of any costs, fees and fines and proper restoration of the public way upon removal of the dumpsters. The form of such letter of credit shall be set forth by regulation and shall be subject to the approval of the corporation counsel. The commissioner of transportation shall provide at least 30 days written notice to the permittee, specifying the conditions or circumstances to be corrected, before drawing on a permittee's letter of credit.
(F) Alternative form of indemnity, protection or security. In lieu of and apart from any insurance requirement under this section, upon good cause shown, the commissioner of transportation, in his or her discretion, may require, instead of such insurance and letter of credit, any alternative form of indemnity, protection or security that the commissioner deems necessary to accomplish the above described purposes and that would indemnify, defend and hold the city, and its officers, agents and employees, harmless from any and all claims arising or related to the placement of the dumpster or the permittee's operations.
(G) Permit fee. The permit fee for each dumpster permitted pursuant to this section shall be as follows:
(1) (a) For the placement of each class A dumpster not to exceed three days, $50.00.
(b) For the placement of each class B dumpster not to exceed three days, $100.00.
(2) (a) For the placement of each class A dumpster exceeding three days, a monthly fee of $100.00.
(b) For the placement of each class B dumpster exceeding three days, a monthly fee of $200.00.
(3) The fee for placement of each dumpster within the Central Business District, as that area is delineated in Section 9-4-010 of the Code, shall be twice the amount set forth in subsections (1) and (2) above.
(4) Fees for removal and replacement and/or disabling of parking meters provided for by Section 9-68-050 of the Code, as applicable.
(H) Dumpster identification. It shall be the duty of the provider to paint or otherwise permanently affix on each dumpster: (1) the name and telephone number of the provider according to the following standards: the letters and numerals shall be a minimum of three inches in height, shall be clearly legible from a distance of 30 feet, and shall be painted or otherwise affixed on both long sides of the dumpster, 12 inches down from the top or lip, and 12 inches from the corner, and (2) a unique identification number for the dumpster.
(I) Location. No dumpster may be placed in any of the following locations:
(1) Within 40 feet of any bus stop.
(2) On any arterial street between November 1 and April 1, if the department of transportation has provided notice of a Phase 3 snow emergency by facsimile transmission to the provider and has provided a 12-hour period from the time of transmission to remove such dumpster.
(3) Within ten feet of any parking space designated for persons with disabilities.
(4) Within ten feet of any pedestrian crosswalk.
(5) Within ten feet of any intersection.
(6) Within 20 feet of any fire hydrant.
(7) On any parkway or sidewalk, unless the dumpster provider demonstrates to the satisfaction of the commissioner of transportation that an alternative location is not feasible and that placement of the dumpster(s) on such parkway or sidewalk would not create a safety hazard, disrupt pedestrian or vehicular traffic, or damage public or private property.
(J) Placement, appearance and maintenance of dumpster. It shall be the responsibility of the provider:
(1) Upon delivery, to place the dumpster immediately adjacent to the property identified by the street address stated on the permit application.
(2) Upon delivery, to provide the dumpster free of graffiti.
(3) Within three business days of receiving notification via facsimile transmission from the department of transportation, to remove graffiti from the dumpster(s) identified in the notification.
(4) To maintain the dumpster free of gaps or holes so as to prevent the spillage of materials from the dumpster onto the public way.
(5) To affix and maintain, on each of the four corners of the dumpster, high-intensity retro- reflective sheeting, or other retro-reflective or prismatic material or substance approved by the department of transportation, a minimum of three feet in length, and two inches in width along each side of the corner.
(6) When transporting or otherwise moving a dumpster, to ensure that no portion of the load is falling, sifting, blowing, dropping or in any way escaping from the dumpster. The provider shall use a tarpaulin or other appropriate cover to secure the top of a dumpster while in transit.
(K) Penalties.
(1) Any person violating subsection (B) of this section shall be subject to a fine of not less than $250.00 nor more than $1,500.00 for each offense. Provided, however, that any person violating subsection (B) of this section within the Central Business District, as that area is delineated in Section 9-4-010 of the Code, shall be subject to a fine of not less than $500.00 nor more than $3,000.00 for each offense.
(2) Any person violating any provision other than subsection (B) of this section shall be subject to a fine of not less than $50.00 nor more than $1,000.00 for each offense. Provided, however, that any person violating any provision other than subsection (B) of this section within the Central Business District, as that area is delineated in Section 9-4-010 of the Code, shall be subject to a fine of not less than $100.00 nor more than $2,000.00 for each offense.
(3) Each day that a violation is permitted to exist shall constitute a separate offense. In addition, any dumpster in the public way not bearing the dumpster identification information required by subsection (H) of this section, not validly permitted, or not located immediately adjacent to the street address specified in the permit may be removed by the city, and all costs associated with such removal shall be borne by the provider of the dumpster. The owner of a dumpster, if different from a provider, shall be jointly and severally liable with the provider for any violation of this section.
(4) In addition to any other available penalties and remedies provided for in the Code, one or more citations for violation of this section on each of three or more separate days within a three month period at the same construction site may result in a stop work order issued by the department of transportation, directing that all activity cease for ten days. Any further citation for violation at the same construction site within six months after the initial stop work order may result in the issuance of another ten-day stop work order. The department shall lift a ten-day stop work order only if sufficient evidence of compliance with this chapter is provided to the department. As used in this section, the term “construction site” has the meaning ascribed to the term in Section 13-32-125.
(a) It shall be unlawful for any person to knowingly violate a stop work order, or to knowingly cause, permit, encourage, assist, aid, abet or direct another person to violate a stop work order, or to knowingly in any manner be a party to a violation of a stop work order.
Any person who violates this subsection upon conviction shall be punished, as follows:
(i) incarceration for a term not less than three days, nor more than six months, under the procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code, as amended, and the Illinois Code of Criminal Procedure of 1963, as amended; and
(ii) community service of not less than 10 hours, nor more than 100 hours; and
(iii) a fine of $5,000.
(b) It shall be unlawful for any person to knowingly destroy, deface, remove, damage, impair, mar, cover or obstruct any stop work order that a city official has posted or affixed at a work site.
Any person who violates this subsection upon conviction shall be punished, as follows:
(i) incarceration for a term not less than three days, nor more than six months, under the procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code, as amended, and the Illinois Code of Criminal Procedure of 1963, as amended; and
(ii) community service of not less than 10 hours, nor more than 100 hours; and
(iii) a fine not less than $200.00, nor more than $500.00.
(L) Public way use permit not required. Any dumpster 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. 11-1-00, p. 43330, § 1; Amend Coun. J. 12-15-04, p. 40435, § 2; 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, § 39; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 38)
Notes
| 9-68-050 | 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. |
| 9-4-010 | 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. |