CHAPTER 10-28
STRUCTURES ON AND UNDER PUBLIC WAYS
Article I.  General Requirements
10-28-010   Permission required.
10-28-015   Public way use permits – Application and issuance.
10-28-017   Public way use permit – Fees.
10-28-020   Reserved.
10-28-030   Unlawful to place ice or snow on public way.
10-28-040   Building upon public ways.
10-28-045   Installation of street furniture.
10-28-046   Installation of city digital signs.
10-28-050   Maintenance of stands.
10-28-060   A produce stand on the public way program.
10-28-064   Advertising signs.
10-28-066   Advertising sign – Defined.
10-28-070   Storage of goods on public ways.
10-28-075   Reserved.
Article II.  Carts Belonging to Retail Stores
10-28-080   Abandonment of shopping carts prohibited.
10-28-090   Removal from premises prohibited.
10-28-100   Ordinance to be posted.
10-28-110   Violation – Penalty.
10-28-120   Police enforcement.
Article II-A.  Reserved
Article III.  Newspaper Stands
10-28-130   Permit required.
10-28-135   Expiration of permit.
10-28-140   Permit provisions.
10-28-150   Application for permit.
10-28-160   Notice to alderman.
10-28-165   Permit fee – Renewal.
10-28-170   Construction and maintenance.
10-28-180   Limitation on use.
10-28-185   Erection – Location.
10-28-190   Revocation of permit.
10-28-191   Enforcement authority.
10-28-192   Severability.
10-28-194   Reserved.
10-28-196   Reserved.
Article IV.  Canopies and Marquees
10-28-200   Reserved.
10-28-210   Reserved.
10-28-220   Reserved.
10-28-230   Reserved.
10-28-240   Canopies and marquees – Conditions of permit and construction – Clearance.
10-28-250   Reserved.
10-28-260   Reserved.
Article IV-A.  Placement of Pay Telephones in Public Way
10-28-265   Placement of pay telephones in public way.
Article V.  Awnings
10-28-270   Reserved.
10-28-280   Awnings construction – Maintenance.
Article V-A.  Obstruction of Streets, Sidewalks and Public Places
for Construction and Building Maintenance Purposes
10-28-281   Definitions.
10-28-281.1   Public protection measures.
10-28-281.2   Permit required.
10-28-281.3   Permit fees.
10-28-281.4   Prohibited uses of traffic and curb lanes.
10-28-281.5   Penalties.
Article V-B.  Protection of the Public Way and Public Places
10-28-281.6   Protection required.
10-28-281.7   Fences and barricades.
10-28-281.8   Aprons.
Article V-C.  Construction Canopies
10-28-282   Submission of plans.
10-28-283   General requirements.
10-28-284   Closure of sidewalks and bicycle lanes.
10-28-285   Sidewalks – Damage deposit required.
10-28-286   Violation – Penalty.
Article VI.  Lampposts and Lamps
10-28-290   Erection of lamppost.
10-28-300   Acceptance of posts.
10-28-310   Removal of streetlamps.
10-28-320   Shadings of streetlamps.
10-28-330   Lighting or extinguishing lamps.
10-28-340   Injuring or obstructing lampposts and lamps.
10-28-350   Violation – Penalty.
Article VII.  Reserved.
Article VIII.  Lawn Sprinkling Systems in Public Parkways
10-28-440   Permit required.
Article IX.  Use of Subsidewalk Space
10-28-450   Permit required.
10-28-460   Reserved.
10-28-470   Reserved.
10-28-480   Interference with sewers or water pipes.
10-28-490   Reserved.
10-28-500   Conveyance of premises.
10-28-510   Cancellation of previous permit.
10-28-520   Covers over openings.
10-28-530   Structural safety.
10-28-540   Care of sidewalks.
10-28-550   Cesspool and explosives under sidewalk.
10-28-560   Liability for damages.
10-28-570   Revocation of permits.
10-28-575   Vault space.
10-28-580   Reserved.
Article X.  Reserved
Article XI.  Benches on Public Ways
10-28-640   Definitions.
10-28-650   Permitted when – Contract awards.
10-28-660   Permit – Application – Conditions.
10-28-670   Location.
10-28-675   Restricted zones – Designated.
10-28-680   Standards and specifications.
10-28-690   Adoption of orders, rules and regulations.
10-28-700   Removal of benches.
10-28-710   Benches without advertising – Benches prohibited when.
10-28-720   Illegal benches – Removal and storage fee – Disposal – Notice.
10-28-730   Termination of contract.
10-28-740   Violation – Penalty.
Article XI-A.  Newsracks
10-28-750   Definitions.
10-28-755   Newsracks permitted on public ways.
10-28-760   Newsracks – Installation; maintenance.
10-28-765   Newsracks weighted for stability and safety.
10-28-770   Coin slots; height requirements; etc.
10-28-775   Advertising signs on newsracks prohibited.
10-28-781   Multiple newsrack area.
10-28-785   Notice of violations.
10-28-790   Penalty for violation.
Article XI-B.  Refuse Compactors/Grease Containers
10-28-791   Defined.
10-28-792   Permit required.
10-28-793   Permit – Application.
10-28-794   Permit – Liability insurance.
10-28-795   Revocation of permit.
10-28-796   Violation – Penalty.
10-28-797   Severability.
10-28-798   Enforcement authority.
Article XI-C.  Dumpsters/Roll Off Boxes on the Public Way
10-28-799   Dumpsters/roll off boxes on the public way.
Article XII.  Sidewalk Cafes
10-28-800   Definitions.
10-28-805   Permit required for sidewalk café.
10-28-810   Permit application and approval procedure.
10-28-815   Insurance required.
10-28-820   Review of application.
10-28-825   Compliance with plan and other components of application.
10-28-830   Permit – Assignment or transfer prohibited.
10-28-835   Permit for one retail food establishment only.
10-28-840   Permit for food and alcoholic beverage service only.
10-28-845   Operational conditions.
10-28-850   Alcoholic beverage service – Requirements.
10-28-855   Compliance with code and rules and regulations required.
10-28-860   Promulgation of regulations; force and effect.
10-28-865   Hearings.
10-28-870   Enforcement.
10-28-875   Violation – Penalties.
10-28-880   Violation – Permit revocation.
10-28-885   Severability.
Article XIII.  Violation of Chapter Provisions
10-28-990   Violation – Penalty.
Article XIV.  Pilot Program – Curbside Cafes
10-28-1000   Pilot program.
10-28-1010   Definitions.
10-28-1020   Permit required for curbside cafe.
10-28-1030   Permit application and approval procedure.
10-28-1040   Insurance required.
10-28-1050   Review of application.
10-28-1060   Compliance with plan and other components of application.
10-28-1070   Permit – Assignment or transfer prohibited.
10-28-1080   Restrictions on issuance of a permit.
10-28-1090   Operational conditions.
10-28-1100   Alcoholic beverage service – Requirements.
10-28-1110   Compliance with code and regulations required.
10-28-1120   Promulgation of regulations; force and effect.
10-28-1130   Enforcement.
10-28-1140   Violation – Penalties.
10-28-1150   Violation – Permit revocation.
10-28-1160   Sunset.
ARTICLE I.  GENERAL REQUIREMENTS (10-28-010 et seq.)
10-28-010  Permission required.
   (a)   For purposes of Sections 10-28-010 through 10-28-020, and as used in Sections 10-28-046, 10-28-065*, and 10-29-020, the following definitions apply:
* Editor's note – As set forth in Coun. J. 12-12-12, p. 44485, § 7; section does not currently exist.
   “City digital sign” has the same meaning ascribed to that term in Section 17-17-0234.5.
   “Commissioner” means the Commissioner of Business Affairs and Consumer Protection.
   “Department” means the Department of Business Affairs and Consumer Protection.
   “Kiosk” means a free standing, permanent structure erected as an accessory to a building, and used to provide information concerning the building and its occupants.
   “Public Way” has the same meaning ascribed to that term in Section 1-4-090 and also includes any other public place.
   “Public Way Use” means any structure, device or other article on, over or under the public way for which a permit is required pursuant to this section.
   “Public Way Use Permit” or “Permit” means a permit issued for use of the public way.
   “Subsidewalk Space” means the space underneath the surface of any public way.
   “Subsidewalk Space Use” means the use of any subsidewalk space, or the construction or maintenance of any structure thereunder, or disturbing the sidewalk on the public way, for the purpose of constructing or maintaining any vault or structure thereunder, or any coalhole, trapdoor or other opening therein or thereon.
   (b)   Unless otherwise authorized by this Code, it shall be unlawful for any person to construct, install, or maintain any of the following on, under, or above the public way without a public way use permit authorized by ordinance passed by the City Council:
      (1)   a canopy, as that term is defined in Section 17-17-0233;
      (2)   a marquee, as that term is defined in Section 17-17-0295;
      (3)   an awning, as that term is defined in Section 17-17-0215;
      (4)   a bay window;
      (5)   a bridge;
      (6)   a kiosk;
      (7)   a clock or post at the curb, or a clock attached outside the face of any building;
      (8)   a loading platform, switch track or pushcart track;
      (9)   subsidewalk space use;
      (10)   a bench that does not contain advertisements, slogans, or messages; or
      (11)    any other structure or device, except for a City digital sign, that is on, over, or under the public way.
   (c)   Prior to the installation of any wire, pipe, cable or conduit on, under or over the surface of any public way pursuant to a permit issued under Section 10-29-020, a public way use permit shall also be required to maintain such wire, pipe, cable or conduit under, on or over the public way.
   (d)   No person shall place a vehicle-weighing scale on the public way; provided that this provision shall not apply to any unit of federal, state or local government.
   (e)   Nothing in this section shall authorize any person to make an opening in, or construct or repair any pavement in the public way unless such person holds a public way work license if such a license is required by Chapter 10-20 of this Code.
   (f)   Provided, however, no ordinance authorizing such public way use shall be required to construct or maintain (i) parking meters and signs by a person, or the person’s designee, acting pursuant to a concession agreement approved by the City Council governing the operation, maintenance, improvement, installation and removal of and the collection of fees from, certain designated parking meters, or (ii) City digital signs by a person, or the person’s designee, acting pursuant to a coordinated City digital sign program agreement approved by the City Council governing the operation, maintenance, improvement, installation and removal of such City digital signs.
   (g)   No permit shall be issued for the maintenance of any canopy or marquee attached to any building which extends over any boulevard, street or other public way taken over from the Chicago Park District by the City of Chicago by virtue of the Chicago Park and City Exchange of Functions Act, 70 ILCS 1545/0.01, et seq.; and provided that the Building Commissioner may issue a permit for the construction and temporary use of a canvas canopy or awning for a particular event requiring its use over such boulevards, streets, and public ways.
   (h)   Any person violating any of the provisions of this section shall be fined not less than $25.00 nor more than $200.00 for each offense. A separate and distinct offense shall be held to have been committed each day any person continues to violate this section or fails or refuses to cause the removal of such unauthorized structure within such time as may be fixed by the Commissioner, not exceeding 30 days, after notice in writing for such removal has been served upon the owner or person maintaining any such public way use. In addition to any penalty provided herein, after such notice by the Commissioner, the person, at his or her own expense, shall restore the public way, including any space underneath the surface of any public way, under the supervision and to the satisfaction of the Commissioner of Transportation. If the person fails to restore the public way, or fails to restore the public way, including any subsidewalk space, to the satisfaction of the Commissioner of Transportation, the City may restore the public way and charge the cost to the person.
   (i)   Notwithstanding subsection (h) of this section, the Commissioner is hereby authorized to order any item or thing whatsoever which may encumber or obstruct any public way, public landing, wharf or pier to be removed. If such item or thing shall not be removed within six hours after notice to the owner or person in charge to remove the same, or if the owner cannot be readily found for the purpose of such notice, the Commissioner of Transportation, the Executive Director of Emergency Management and Communications or the Commissioner of Streets and Sanitation shall cause the item to be removed to some suitable place, to be designated by the said department head. The owner of any item removed shall be subject to a penalty of not more than $10.00, in addition to the costs of such removal.
   Any item removed in accordance with this section, if of sufficient value to more than pay the expenses thereof, shall be advertised by the Commissioner for sale for ten days in a newspaper of general circulation and, after expiration of that time, shall be sold by the Department to the highest bidder; provided where there is no bidder for any such article, the Commissioner shall dispose of such article in the most cost-efficient manner; provided further that the owner may reclaim such article if the owner notifies the Commissioner in writing and pays the penalty and costs to remove such article prior to the expiration of the time for sale of such item. The proceeds of such sale shall be paid into the City treasury and the balance, if any, after deducting the penalty and costs, shall be paid to any person furnishing satisfactory proof of ownership.
   (j)   The issuance of a public way use permit does not authorize or permit the installation, erection, maintenance or enlargement of a sign without a valid sign permit issued by the Department of Buildings.
   (k)   The Commissioner may promulgate rules for the administration and enforcement of public way use permits. Any person violating any such rule shall be subject to the fines prescribed in this section.
(Prior code § 34-1; Amend Coun. J. 12-15-99, p. 21529, § 6; Amend Coun. J. 5-9-07, p. 105047, § 17; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 12-4-08, p. 50506, § 14; Amend Coun. J. 1-13-10, p. 83228, § 1; Amend Coun. J. 11-8-12, p. 38872, § 184; Amend Coun. J. 12-12-12, p. 44485, § 7; Amend Coun. J. 11-14-18, p. 90308, Art. III, § 1)
10-28-015  Public way use permits – Application and issuance.
   (a)   An application for a public way use permit shall be made to the department and shall include the following:
      (1)   the applicant's name and address, and the name and address of the property owner;
      (2)   a detailed drawing indicating the location of all public way uses on, over or under the public way for which a permit is required;
      (3)   proof of the required insurance;
      (4)   proof of the building's age if the building was constructed in or prior to 1922;
      (5)   the application fee, if applicable; and
      (6)   any other information required by the commissioner.
   (b)   The commissioner shall forward a copy of an application for subsidewalk space use to the commissioner of transportation within three days after receipt of the application. No public way use permit for subsidewalk space use shall be issued unless the commissioner of transportation, after reviewing the application, has approved the design of the subsidewalk space use.
   (c)   If the commissioner finds that the applicant meets the applicable requirements, the commissioner shall provide the application to the alderman of the affected ward. Upon passage of an ordinance approving the application, the commissioner shall issue the public way use permit to the applicant. If approval by ordinance is withheld, the commissioner shall deny the application and shall notify the unsuccessful applicant in writing of the denial within ten business days after the denial.
   A public way use permit shall be denied or revoked 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.
   (d)   The term of a public way use permit shall be for five years. The annual fee for the first year shall be due at the issuance of the permit and the remaining annual fees shall be paid, as provided for in rules and regulations; provided that the proof of insurance required as a condition of the permit be submitted annually, as provided for in the rules and regulations.
   (e)   All public way use permits shall be subject to the following:
      (1)   Each public way use and the structures and appliances authorized by the permit shall be maintained and used in accordance with all applicable laws, including the ordinances of the city and the directions of the commissioner, the commissioner of streets and sanitation, the building commissioner, and the commissioner of transportation. The permittee shall keep that portion of the public way in, over, under or adjacent to the public way use in good condition and repair, safe for public travel, and free from snow, ice and debris to the satisfaction of the commissioner of transportation.
      (2)   Notwithstanding any other provision of this section, the public way use granted by the permit is subject to amendment, modification or repeal and a public way use permit may be revoked at the discretion of the mayor or the commissioner at any time, without cause and without the consent of the permittee. Upon termination of the permit, the permittee, at his or her own expense and without cost or expense to the city, shall remove, within 30 days of such termination and without the notice required in Section 10-28-010, the public way use and any structures and appliances authorized by the public way use permit and restore the public way where disturbed by the public way use or by the removal thereof, to a proper condition under the supervision and to the satisfaction of the commissioner of transportation.
      (3)   In the event of failure, neglect or refusal of the permittee to perform any of his or her obligations, the city may, at its option, either (i) perform such work and charge the cost to said permittee, or (ii) determine what the cost of the work shall be and bill the permittee for the cost, or combine the two methods. Immediately upon receipt of notice of such cost, the permittee shall pay the city such amount.
      (4)   The permittee shall be responsible for and shall pay for the removal, relocation, alteration, repair, maintenance, and restoration of, city-owned structures or appliances located in or adjacent to the public way, including pavement, bridges, subways, tunnels, vaults, sewers, water mains, conduits, pipes, poles and other facilities and utilities, which are necessary or appropriate on account of the permittee's use of the public way. The commissioner of transportation is authorized, in his or her discretion and from time to time during the permittee's use and occupancy of the public way until the restoration of the public way, to determine the work which is or will be necessary or appropriate and the cost involved to perform such work and is authorized to collect a deposit prior to commencing any work and to charge the permittee all actual costs for causing all such work to be performed. The decision of the commissioner of transportation shall be final and binding. The permittee, upon receiving written notification from the commissioner of transportation of the required deposit or the cost of such work, shall immediately pay or deposit such amount as directed by the commissioner.
      (5)   The permittee shall furnish to the department, prior to issuance of the public way use permit, proof of insurance evidencing commercial general liability coverage in an amount not less than $1,000,000.00 per occurrence, covering bodily injury, personal injury and property damage, that may result from issuance of the permit or use of the public way. The insurance shall name the city and its agents and employees as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the permittee's operations and shall also clearly indicate that the public way use being permitted is covered by the insurance policy. Every policy required shall require 30 days' advance notice to the commissioner prior to cancellation or lapse of the policy. Proof of renewal of such insurance coverage shall be furnished to the department no later than 30 days prior to the expiration of the policy. The insurance coverage shall be maintained at all times by the permittee until: (i) the public way use authorized by the permit is removed; (ii) the public way is restored to the satisfaction of the commissioner of transportation; and (iii) all fees due the city have been paid.
      (6)   Apart from and separate from any insurance requirement under this section, the permittee shall indemnify, defend, keep and save harmless the city, its agents and employees against all claims, liabilities, judgments, costs, damages and other expenses which may in any way arise or accrue against, be charged to or recovered from the city, its agents or employees in consequence of the permission given by the public way use permit, or any act or thing done or omitted or neglected to be done by the permittee, its agents or employees in and about the construction, reconstruction, maintenance, operation, use or removal of the authorized public way uses and structures or appliances thereof, operation or restoration of the public way as required, including those arising from any personal injuries or deaths or damage or destruction of property.
   (f)   The permit shall be valid only to the person to whom it was issued and it shall not be subject to sale, assignment, or transfer, voluntary or involuntary, except upon the approval of the commissioner.
   (g)   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.
   (h)   In addition to any other penalties imposed in Section 10-28-010, any person who knowingly makes any false statement, submits any false information or misrepresents any information required under this section shall be subject to Chapter 1-21.
(Added Coun. J. 1-13-10, p. 83228, § 1; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 34; Amend Coun. J. 7-20-16, p. 28911, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 34)
10-28-017  Public way use permit – Fees.
   (a)   (1)   No fee shall be charged for a public way use that is on or above the public way for the following: (i) In the case of a residential building, as that term is defined in Section 17-17-02146, constructed in or before 1922, a public way use that is part of the original construction and is a permanent structure of the building; provided that in the case of a mixed used building, any public way use that solely is for the use or benefit of any commercial or business activity in the building shall pay the fees as provided for in subsection (b); or (ii) in the case of a landmark building, any part of the building which is on or over the public way, including a clock or light fixture if the clock or light fixture is part of the landmark designation.
   For purposes of this section, a landmark building shall also include any building, other than a non- contributing building in a landmark district.
      (2)   For any public way use which is below grade level or under the public way or other public place for any building specified in subsection (a)(1) of this section, the fee shall be as set forth in subsection (b).
   (b)   For all other public way uses not specified in subsection (a), the fees shall be as follows:
 
Type of Public Use
Annual Fee
(1)
balcony, bay window, bollard, permanent smoking management receptacle, door swing, light pole, park bench, trash container, flag pole, banner
$75.00 each
(2)
sign
$300.00/sign 25 square feet or greater
$100.00/sign less than 25 square feet
(3)
awning, marquee, canopy with or without an on-premise sign
$50.00 for first 25 feet +
$1.00/additional foot
(4)
light fixture
$75.00 for the first fixture plus
$5.00 for each additional fixture
(5)
windscreen, clock, fire escape, manhole
$400.00 each
(6)
barber pole
$10.00
(7)
security camera, bicycle rack, landscaping and its associated structures, portable smoking management receptacle
No fee
(8)
all other uses will be charged per square foot based on a formula that reflects the value of the land within the surrounding area, as established by the commissioner in rules and regulations; provided that there will be a $400.00 minimum charge for all such uses.
(9)
notwithstanding the above, the total fee for a public way use permit for any combination of signs less than 25 square feet, canopies, awnings, or light fixtures at the same location, shall not exceed $175.00 for all such public way uses.
 
   For purposes of calculating the fee pursuant to this subsection (b), a sign shall not include an awning, canopy or marquee that contains an on-premise sign, as that term is defined in Section 17-17-02109.
   (c)   A $50.00 application fee shall be charged for any application for a public way use permit for which no public way use fee is charged pursuant to this section.
(Added Coun. J. 1-13-10, p. 83228, § 1)
10-28-020  Reserved.
Editor's note – Coun. J. 1-13-10, p. 83228, § 1, repealed § 10-28-020, which pertained to the removal of street obstructions.
10-28-030  Unlawful to place ice or snow on public way.
   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)
10-28-040  Building upon public ways.
   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)
10-28-045  Installation of street furniture.
   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)
10-28-046  Installation of city digital signs.
   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)
10-28-050  Maintenance of stands.
   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.
10-28-060  A produce stand on the public way program.
   (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.
10-28-064  Advertising signs.
   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)
10-28-066  Advertising sign – Defined.
   An advertising sign is a sign which directs attention to a business, commodity, service or entertainment regardless of where it is conducted, sold or offered.
(Prior code § 34-5.2; Added Coun. J. 7-12-90, p. 18399; Amend Coun. J. 1-12-94, p. 44543)
10-28-070  Storage of goods on public ways.
   (a)   (1)   Except as otherwise specifically permitted by this Code, no person shall use any public way for the storage of personal property, goods, wares or merchandise of any kind. Nor shall any person place or cause to be placed in or upon any public way, any barrel, box, hogshead, crate, package or other obstruction of any kind, or permit the same to remain thereon longer than is necessary to convey such article to or from the premises abutting on such sidewalk.
      (2)   For the purpose of receiving or delivering merchandise, no person shall occupy more than four (4) feet of the outer edge of the sidewalk in front of the store or building where such merchandise is being received or delivered.
      (3)   No person engaged in the business of repossessing motor vehicles of any type shall store or park any such repossessed vehicle on the public way. Any person violating any provision of this subsection (a)(3) shall be subject to a fine of $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
   (b)   Except as otherwise provided in this section, any person violating any of the provisions of this section shall be subject to a fine of not less than $50.00 nor more than $250.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Prior code § 34-6; Amend Coun. J. 3-9-05, p. 44132, § 1; Amend Coun. J. 5-9-07, p. 105047, § 17; Amend Coun. J. 6-6-12, p. 28654, § 3; Amend Coun. J. 5-28-14, p. 81917, § 4)
10-28-075  Reserved.
Editor's note – Coun. J. 1-13-10, p. 83228, § 1, repealed § 10-28-075, which pertained to grants of privilege in the public way.
ARTICLE II.  CARTS BELONGING TO RETAIL STORES (10-28-080 et seq.)
10-28-080  Abandonment of shopping carts prohibited.
   No person shall abandon or leave unattended any grocery cart or shopping cart upon any public street, sidewalk or public way within the City of Chicago or upon the private property of any person adjoining or abutting any public way or sidewalk within the City of Chicago other than the premises where said cart was originally obtained.
(Prior code § 34-6.1)
10-28-090  Removal from premises prohibited.
   No person shall remove or license or permit the removal of grocery cart or shopping cart from the premises and parking lot of the establishment which furnished said cart.
(Prior code § 34-6.2)
10-28-100  Ordinance to be posted.
   A copy of this ordinance shall be posted in a conspicuous place in every place of business or establishment which provides grocery carts or shopping carts for use by its customers or patrons.
(Prior code § 34-6.3)
10-28-110  Violation – Penalty.
   Any person convicted of violating any of the provisions of this ordinance shall be subject to a fine not exceeding $200.00 for each such offense.
(Prior code § 34-6.4)
10-28-120  Police enforcement.
   It shall be the duty of the superintendent of police to see to the enforcement of the foregoing provisions of this chapter, and every policeman shall, whenever there is any obstruction in any public way, endeavor to remove the same; and, in case such obstruction shall be of such a character that the same cannot readily be removed, then such policeman shall report the same to the department of transportation, and the said department shall remove such obstruction.
(Prior code § 34-7; Amend Coun. J. 12-11-91, p. 10832)
ARTICLE II-A.  RESERVED*
* Editor's note – Coun. J. 12-15-99, p. 21529, § 6, repealed Art. II-A, §§ 10-28-121 – 10-28-128, which pertained to kiosks.
ARTICLE III.  NEWSPAPER STANDS (10-28-130 et seq.)
10-28-130  Permit required.
   It shall be unlawful for any person to erect, locate, construct or maintain any newspaper stand on the public way or any other unenclosed property owned or controlled by the city without obtaining a permit therefor from the commissioner of transportation and as hereinafter provided. No new permit for a newspaper stand shall be issued on or after September 22, 1991; provided that permits that have expired or have been revoked may be reissued as provided in this article.
   Any newspaper stand 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.
(Prior code § 34-8; Amend Coun. J. 6-28-91, p. 2872; Amend Coun. J. 12-11-91, p. 10832; 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)
10-28-135  Expiration of permit.
   (a)   Notwithstanding any provision to the contrary, all newspaper stand permits issued prior to the effective date of this section shall expire on January 1, 1992; provided, that any such permit for which no newspaper stand is in existence on the effective date of this section shall expire on such effective date. Such permits may not be renewed but may be reissued by the commissioner as provided in this article. Notwithstanding any other provision to the contrary, any newspaper stand operated pursuant to a permit issued prior to the effective date of this section shall not be subject to the provisions of Sections 10-28-165 and 10-28-170 prior to the expiration of such permit.
   (b)   The commissioner transportation of emergency management and communications may from time to time reissue all or a portion of those permits that have been revoked or have expired. The commissioner shall advertise in a newspaper of general circulation within the city the availability of such permits at least ten days prior to accepting applications for the permits.
(Added Coun. J. 6-28-91, p. 2872; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)
10-28-140  Permit provisions.
   Said permit shall state thereon the name and address of the permittee and the location for which said permit is granted. It shall provide that the permittee therein named shall indemnify and save harmless the city against all liability, judgments, costs, damages and expense which may in any way come against the city in consequence of the granting of said permit or which may accrue against, or be charged to, or be recovered from said city from or on account of any act or thing done by the permittee by virtue of the authority given in said permit.
(Prior code § 34-9)
10-28-150  Application for permit.
   Application for a permit for a newspaper stand or for renewal of such permit shall be made to the commissioner of transportation upon such form as shall be provided by him, and shall contain the name and address of the applicant, the location or proposed location of such newspaper stand, the number of daily publications and other publications that will be sold from the stand, the number of days of the week that the stand will be open and operating, and 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 newspaper stand now or hereafter in effect. Such application shall be signed by the applicant. The commissioner of transportation shall require the applicant to submit additional supporting materials reasonably necessary to determine compliance with this Code. In the case of an application that is subject to review under Section 10-28-160(a), such supporting materials shall include plans, drawings, photographs, and information about existing or proposed building materials and color schemes in sufficient detail to ensure compliance with this Code.
(Prior code § 34-10; Amend Coun. J. 6-28-91, p. 2872; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)
10-28-160  Notice to alderman.
   (a)   Within three business days after an application is filed with the commissioner of transportation for a permit for a newspaper stand, other than an application for the renewal of a permit for an existing newspaper stand, the commissioner of transportation shall deliver a duplicate of the application to the commissioner of planning and development and to the alderman of the ward in which the newspaper stand is or will be located. Upon receipt of such application, the alderman may refer the application to the city council's committee having jurisdiction over privileges for use of the public way for the purpose of conducting public hearings on the proposed permit application. All interested persons, including the applicant, shall be given an opportunity to be heard at such hearings. After conducting such hearings, the committee may issue a report summarizing the issues that were addressed at the hearings and recommending approval or denial of the application. Any such report must be filed with the commissioner of transportation not later than 30 days after the application was received by the alderman.
   The committee's report on the permit application shall be based solely on the following considerations:
      (1)   whether the design, materials and color scheme of the newspaper stand comport with and enhance the quality and character of the streetscape, including nearby development and existing land uses;
      (2)   whether the newspaper stand complies with this Code;
      (3)   whether the applicant has previously operated a newspaper stand at that location;
      (4)   the extent to which services that would be offered by the newspaper stand are already available in the area;
      (5)   the number of daily publications proposed to be sold from the newspaper stand; and
      (6)   the size of the stand relative to the number of days the stand will be open and operating.
   Any committee report recommending disapproval of a permit application must state the specific reasons for the recommendation, which reasons shall be consistent with an applicant's constitutional rights contained in the First, Fifth and Fourteenth Amendments of the United States Constitution, and Sections 2 and 4 of Article I of the Illinois Constitution of 1970.
   Upon receipt of the permit application, the commissioner of planning and development shall review the application and supporting materials, and shall report to the commissioner of transportation his or her recommendation for acceptance or denial based solely upon the considerations described in paragraphs (1) through (6) of this subsection (a). Such report shall be filed with the commissioner of transportation within 30 days after the application was received by the commissioner of planning and development.
   In acting on all applications filed pursuant to this subsection, the commissioner of transportation shall give due consideration to the committee's report, if any, and to the recommendation of the commissioner of planning and development, and shall be bound by the same standards as apply to the committee in approving or denying a permit.
   Notwithstanding any other provision to the contrary, any application under this subsection (a) for a permit for a newspaper stand to be located on property on which a designated landmark is situated, or on the public way between the street and the property line of such property, shall be subject to permit review by the commission on Chicago landmarks pursuant to Chapter 2-120 of this Code. An application for a permit for such a newspaper stand or for written approval to substantially remodel such newspaper stand shall not be considered filed with the commissioner of transportation under this article until the application is approved by the commission pursuant to that chapter.
   (b)   In the case of an application for renewal of a permit that has been previously issued under subsection (a), the commissioner of transportation shall renew the permit if the commissioner determines that the application and the newspaper stand are in compliance with this Code. If the commissioner of transportation determines that the application or newspaper stand is not in compliance with this Code, the commissioner of transportation shall deny the application for renewal. However, whenever the commissioner of transportation determines that the newspaper stand is otherwise in compliance with this Code, but that the design, materials and color scheme of the newspaper stand must be changed in order to comport with and enhance the quality and character of the streetscape, including nearby development and existing land uses, or to comply with any newspaper stand design standards promulgated under subsection (d), the commissioner of transportation may require that the newspaper stand be remodeled as a condition of permit renewal. In such case, the commissioner of transportation shall notify the applicant that the application for renewal has been approved, but that the newspaper stand must be remodeled in a manner specified in the notice. Whenever an applicant is required to remodel a newspaper stand pursuant to this subsection (b), the applicant shall be entitled to reimbursement for the applicant's actual, reasonable and necessary expenses in effecting the remodeling. After receiving satisfactory proof of those expenses, the commissioner of transportation shall reimburse the applicant in the amount of the expenses. A newspaper stand that is not remodeled in accordance with the specifications of the commissioner of transportation within 60 days after notice is given under this subsection shall be in violation of this Code.
   (c)   Any action denying or approving a permit application under subsection (a) of this section shall be made by the commissioner of transportation no less than 35 and not more than 65 days after the application is filed with the commissioner. Any action denying or approving a permit application under this subsection (b) shall be made by the commissioner of transportation within 15 days after the application is filed with the commissioner. If the commissioner denies the application, the commissioner shall notify the applicant by mail of the reasons for his or her decision. Within ten days after the notice of denial of an application is sent, the applicant may request a hearing at which the applicant will be given an opportunity to prove that the determination of the commissioner was in error. The commissioner of transportation (in cooperation with the commissioner of planning and development if the denial was based on his or her determination) shall schedule a hearing to be held within 30 days after he or she received the request. Prior to the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-14-190(c) of this Code, the hearing may be conducted by the commissioner or the commissioner's designee. If, after the hearing, commissioner of transportation determines that his or her previous determination was incorrect, the commissioner shall promptly issue or renew the permit. After the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-14-190(c) of this Code, upon receipt of a request for a hearing, the commissioner of transportation (in cooperation with the commissioner of planning and development if the denial was based on his or her determination) shall institute an action with the department of administrative hearings which shall conduct the hearing and make a final determination.
   (d)   No newspaper stand may be substantially remodeled without prior written approval from the commissioner of transportation pursuant to the standards set forth in paragraphs (a)(1) and (a)(2) of Section 10-28-160 and any other standards therefor promulgated by the commissioner in cooperation with the department of planning and development in furtherance of the purposes of this article.
   (e)   Notwithstanding any other provision to the contrary, when two or more otherwise equally qualified applications are pending for new newspaper stands that are to be located in any area of the city in which only one newspaper stand is permitted, preference shall be given to the application for the newspaper stand offering the largest number of different daily publications.
   (f)   The commissioner may at any time provide a licensee with a newspaper stand owned by the city when the commissioner determines that such action is necessary to provide at that location a newspaper stand that will comport with and enhance the quality and character of the streetscape, including nearby development and existing land uses. Whenever such a newspaper stand is so provided, the licensee must use and maintain only that stand, and must permit removal of any other stand at the licensed location. In order to obtain newspaper stands for the purposes of this subsection, the commissioner may enter into contracts on behalf of the city for the purchase of those stands using funds appropriated for such purposes, notwithstanding any law or ordinance to the contrary, after publicly soliciting proposals to enter into such contracts.
(Prior code § 34-10.1; Amend Coun. J. 6-28-91, p. 2872; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 7-10-96, p. 24982; Amend Coun. J. 11-12-97, p. 56813; Amend Coun. J. 4-1-98, p. 65351; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. IX, § 7; Amend Coun. J. 11-8-12, p. 38872, § 186; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 21)
10-28-165  Permit fee – Renewal.
   (a)   The annual fee for a newspaper stand permit shall be based on the land values and square footage of public property occupied by the newspaper stand, including any rack, awning or overhang attached thereto, and shall be determined by the commissioner of transportation in accordance with regulations promulgated by him for computing rental values for occupancies of public property. In no event shall the annual fee be less than $50.00; provided, however, the annual fee for a newspaper stand that is open and in operation only on Saturdays and/or Sundays shall be one-half of the fee that would otherwise be applicable.
   (b)   Before a permit is revoked pursuant to this section, notice of the revocation and the reasons therefor shall be mailed to the permit holder. Within ten days of such notice, the permit holder may request a hearing at which he will be given the opportunity to respond to the allegations in the complaint. If no request for a hearing is made within such ten-day period, the permit shall be revoked. If such a request is made, a hearing shall be scheduled by the commissioner of transportation within 30 days after receiving the request. Prior to the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-14-190(c) of this Code, if, after the hearing the commissioner determines that the allegations in the notice of revocation are true, he shall revoke the permit and order the newspaper stand removed. After the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-14-190(c) of this Code, upon receipt of a request for a hearing, the commissioner shall institute an action with the department of administrative hearings which shall conduct the hearing, make a final determination and order the revocation of the permit and removal of the newspaper stand, if it determines that the allegations in the revocation notice are true. Within 15 days after the permit for a newspaper stand has been revoked, the former permit holder shall remove the newspaper stand from the public way or other public property and repair any damage to the property caused by the installation or removal of the stand. If such action is not taken by the former permit holder, the city shall cause the removal and repairs to be made and may collect from the former permit holder an amount equal to the amount of the city's expenses for such removal and repair.
   (c)   In addition to any other authority given to the commissioner pursuant to this section, the commissioner shall cause the removal of any newspaper stand on the public way or on any other unenclosed property owned or controlled by the city for which no valid permit is in effect. Prior to doing so, the city shall post a notice on the stand stating that the stand must be removed and the public property restored to its original condition within 15 days after the date of the notice. If the name and address of the owner or operator of the newspaper stand is known to the commissioner, a copy of the notice shall be mailed to that person. The notice shall also state the owner or operator of the stand may request a hearing to demonstrate compliance with this article by filing such request in writing with the commissioner within the 15-day period. If the stand is not removed and no such request is filed within the 15-day period, the city shall cause the removal and repairs to be made and may collect from the owner or operator an amount equal to the amount of the city's expenses for such removal and repairs. If a timely request for a hearing is filed, a hearing shall be scheduled by the commissioner within 30 days after the request is made. Prior to the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-14-190(c) of this Code, if after the hearing the commissioner determines that the newspaper stand is not in compliance with this article, he shall order the stand removed and the public property repaired within 15 days. After the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-14-190(c), upon receipt of a request for a hearing, the commissioner shall institute an action with the department of administrative hearings which shall conduct the hearing, make a final determination, and order the stand removed and the public property repaired within 15 days, if it determines that the newspaper stand is not in compliance with this article. If the stand is not removed and the repairs are not made within such 15-day period, the city shall cause the removal and repairs to be made and may collect from the owner or operator an amount equal to the city's expenses for such removal and repairs.
   (d)   Notwithstanding any provisions to the contrary, the city may remove summarily any newspaper stand that poses an immediate threat to the health or safety of the public. Within 15 days after taking such action, the commissioner shall notify by mail the holder of the permit for the newspaper stand (or, if there is no such permit and the identity and address of such person may be reasonably ascertained, the owner of the newspaper stand) of the action taken and the reasons therefor. Within ten days after such notification is made, the permit holder or newspaper stand owner may request a hearing for the purpose of determining whether the newspaper stand was in violation of this article. Prior to the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-14-190(c) of this Code, the commissioner or his designee shall conduct the hearing. After the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-14-190(c) of this Code, upon receipt of a request for a hearing, the commissioner shall institute an action with the department of administrative hearings which shall conduct the hearing and make a final determination. If, after such hearing, or if no timely request is made, the commissioner or the administrative law officer determines that such a violation did occur, the permit for the newspaper stand, if any, shall be revoked and the permit holder or newspaper stand owner shall be required to pay the city an amount equal to the amount of the city's expense in removing the newspaper stand and making necessary repairs.
(Added Coun. J. 6-28-91, p. 2872; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 11-12-97, p. 56814; Amend Coun. J. 4-29-98, p. 66565; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. III, § 2)
10-28-170  Construction and maintenance.
   Newspaper stands shall be constructed in accordance with the general design therefor to be approved by the commissioner of transportation. The height of such stand shall not exceed nine feet. A newspaper stand, including any rack, awning, or overhang attached thereto, may occupy no more than 120 square feet of public property.
   Such stands shall be constructed in accordance with specifications set forth in rules and regulations promulgated by the commissioner of transportation after consultation with the department of buildings.
(Prior code § 34-11; Amend Coun. J. 6-28-91, p. 2872; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 3-5-03, p. 104990, § 12; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1)
10-28-180  Limitation on use.
   The maintenance of newspaper stands subject to regulation under this article shall be under the direction and supervision of the commissioner of transportation. Each such newspaper stand must be maintained in a safe, neat and clean condition and shall be kept free of graffiti. 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, or by contract entered into by the chief financial officer and approved by the city council pursuant to Section 10-28-046, no advertising bill, poster, card, or other advertising matter of any kind whatsoever shall be exhibited, displayed or placed on, or affixed to, any such stand. A newspaper stand shall be used for no purpose other than the exhibition and sale of newspapers, periodicals and similar publications. On the outside of each newspaper stand there shall be clearly displayed at all times a sign stating the name, business telephone number and address of the permit holder. In addition, a copy of the permit shall be displayed prominently inside the newspaper stand. Any newspaper stand that is not in compliance with this requirement shall be removed by the city pursuant to this article.
(Prior code § 34-12; Amend Coun. J. 6-28-91, p. 2872; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 11-19-14, p. 98037, § 13)
10-28-185  Erection – Location.
   (a)   No newspaper stand may be erected, located or maintained if the site or location of the newspaper stand endangers public safety or property; or when such site or location is used for public utility purposes, public transportation purposes or other governmental uses; or when such newspaper stand unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near such location.
   (b)   No newspaper stand shall be situated so that the clear space for the passage of pedestrians on the sidewalk is reduced to less than six feet. No newspaper stand shall be placed within three feet of any area improved with a lawn, flowers, shrubs or trees or within three feet of any display window of any building or in such manner as to impede or interfere with the reasonable use of such window for display purposes. The provisions of this subsection (b) shall not apply prior to January 1, 1992 to any newspaper stand operating pursuant to a permit issued pursuant to this article prior to the effective date of this section.
   (c)   No seat, chair or canopy shall be attached to the exterior of any newspaper stand.
   (d)   Each newspaper stand shall be kept locked and secured when not in use.
   (e)   No newspaper stand shall be equipped with electricity from an outside source unless all appropriate permits therefor have been secured.
(Added Coun. J. 6-28-91, p. 2872)
10-28-190  Revocation of permit.
   (a)   Any permit for a newspaper stand shall be revoked by the commissioner of transportation if:
      (1)   the newspaper stand is erected, located or maintained in violation of this Code or regulations adopted pursuant thereto;
      (2)   the newspaper stand has not been occupied and open for business purposes at any time within the previous 60-day period;
      (3)   the operator of the newspaper stand fails to take reasonable precautions to prevent the stand from being used for illegal activities;
      (4)   it is determined that the permit holder has submitted false information in or in connection with his application; or
      (5)   in the case of a permit for a new newspaper stand, the permit holder fails to erect a stand meeting the requirements of this Code within 90 days after the permit is issued.
   (b)   Before a permit is revoked pursuant to this section, notice of the revocation and the reasons therefor shall be mailed to the permit holder. Within ten days of such notice, the permit holder may request a hearing at which he will be given the opportunity to respond to the allegations in the complaint. If no request for a hearing is made within such ten-day period, the permit shall be revoked. If such a request is made, a hearing shall be scheduled by the commissioner of transportation within 30 days after receiving the request. Prior to the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-14-190(c) of this Code, if, after the hearing the commissioner determines that the allegations in the notice of revocation are true, he shall revoke the permit and order the newspaper stand removed. After the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-14-190(c) of this Code, upon receipt of a request for a hearing, the commissioner shall institute an action with the department of administrative hearings which shall conduct the hearing, make a final determination and order the revocation of the permit and removal of the newspaper stand, if it determines that the allegations in the revocation notice are true. Within 15 days after the permit for a newspaper stand has been revoked, the former permit holder shall remove the newspaper stand from the public way or other public property and repair any damage to the property caused by the installation or removal of the stand. If such action is not taken by the former permit holder, the city shall cause the removal and repairs to be made and may collect from the former permit holder an amount equal to the amount of the city's expenses for such removal and repair.
   (c)   In addition to any other authority given to the commissioner pursuant to this section, the commissioner shall cause the removal of any newspaper stand on the public way or on any other unenclosed property owned or controlled by the city for which no valid permit is in effect. Prior to doing so, the city shall post a notice on the stand stating that the stand must be removed and the public property restored to its original condition within 15 days after the date of the notice. If the name and address of the owner or operator of the newspaper stand is known to the commissioner, a copy of the notice shall be mailed to that person. The notice shall also state the owner or operator of the stand may request a hearing to demonstrate compliance with this article by filing such request in writing with the commissioner within the 15-day period. If the stand is not removed and no such request is filed within the 15-day period, the city shall cause the removal and repairs to be made and may collect from the owner or operator an amount equal to the amount of the city's expenses for such removal and repairs. If a timely request for a hearing is filed, a hearing shall be scheduled by the commissioner within 30 days after the request is made. Prior to the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-14-190(c) of this Code, if after the hearing the commissioner determines that the newspaper stand is not in compliance with this article, he shall order the stand removed and the public property repaired within 15 days. After the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-14-190(c), upon receipt of a request for a hearing, the commissioner shall institute an action with the department of administrative hearings which shall conduct the hearing, make a final determination, and order the stand removed and the public property repaired within 15 days, if it determines that the newspaper stand is not in compliance with this article. If the stand is not removed and the repairs are not made within such 15-day period, the city shall cause the removal and repairs to be made and may collect from the owner or operator an amount equal to the city's expenses for such removal and repairs.
   (d)   Notwithstanding any provisions to the contrary, the city may remove summarily any newspaper stand that poses an immediate threat to the health or safety of the public. Within 15 days after taking such action, the commissioner shall notify by mail the holder of the permit for the newspaper stand (or, if there is no such permit and the identity and address of such person may be reasonably ascertained, the owner of the newspaper stand) of the action taken and the reasons therefor. Within ten days after such notification is made, the permit holder or newspaper stand owner may request a hearing for the purpose of determining whether the newspaper stand was in violation of this article. Prior to the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-14-190(c) of this Code, the commissioner or his designee shall conduct the hearing. After the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-14-190(c) of this Code, upon receipt of a request for a hearing, the commissioner shall institute an action with the department of administrative hearings which shall conduct the hearing and make a final determination. If, after such hearing, or if no timely request is made, the commissioner or the administrative law officer determines that such a violation did occur, the permit for the newspaper stand, if any, shall be revoked and the permit holder or newspaper stand owner shall be required to pay the city an amount equal to the amount of the city's expense in removing the newspaper stand and making necessary repairs.
   (e)   Any salvageable portion of a newspaper stand removed by the city pursuant to this article, and any contents of such stand, shall be stored by the city for a period of 30 days. The owner of the stand may reclaim the property within such 30 day period by paying to the city all amounts payable to the city for its expenses in removing the stand and repairing the public property, plus a $50.00 storage fee. Any property that is not so reclaimed shall be disposed of as unclaimed property.
(Prior code § 34-13; Amend Coun. J. 6-28-91, p. 2872; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 7-10-96, p. 24982; Amend Coun. J. 11-12-97, p. 56813; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)
10-28-191  Enforcement authority.
   The commissioner of transportation shall have the authority to adopt such orders, rules and regulations as he may deem necessary for the proper administration and enforcement of the provisions of this article.
(Added Coun. J. 6-28-91, p. 2872; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)
10-28-192  Severability.
   The provisions of Sections 10-28-130 through 10-28-192 are severable. If any section, clause, provision, portion or application of those sections is determined by any court to be invalid for any reason, the validity of the remaining sections, clauses, provisions or portions, and their application to other circumstances, shall not be affected thereby. It is the intention of the city council that those sections would have been enacted by the city council regardless of the invalid sections, clauses, provisions, portions or applications.
(Added Coun. J. 6-28-91, p. 2872)
10-28-194  Reserved.
Editor's note – Coun. J. 4-1-98, p. 65353, renumbered § 10-28-194 as § 10-28-770.
10-28-196  Reserved.
Editor's note – Coun. J. 4-1-98, p. 65353, renumbered § 10-28-196 as § 10-28-775.
ARTICLE IV.  CANOPIES AND MARQUEES (10-28-200 et seq.)
10-28-200  Reserved.
Editor's note – Coun. J. 1-13-10, p. 83228, § 1, repealed § 10-28-200, which pertained to permit requirement.
10-28-210  Reserved.
Editor's note – Coun. J. 1-13-10, p. 83228, § 1, repealed § 10-28-210, which pertained to permit application and plans.
10-28-220  Reserved.
Editor's note – Coun. J. 1-13-10, p. 83228, § 1, repealed § 10-28-220, which pertained to insurance requirements.
10-28-230  Reserved.
Editor's note – Coun. J. 1-13-10, p. 83228, § 1, repealed § 10-28-230, which pertained to a permit fee.
10-28-240  Canopies and marquees – Conditions of permit and construction – Clearance.
   (a)   Public way use permits for canopies and marquees shall contain provisions as follows: that the same is issued in consideration of the payment of the fees required; that the construction of such marquee or canopy shall be made under the supervision and inspection of the commissioner of buildings and shall also be subject to inspection by the department of buildings, and the permittee shall pay to the city all cost of such supervision and inspection.
   (b)   No canopy or marquee shall be constructed over any public way or other public place unless the lowest part thereof is at least 12 feet above the surface of the sidewalk thereunder. Failure to maintain a minimum clearance of 12 feet shall be cause for revocation of the permit.
   (c)   Canopies or marquees shall drain toward the buildings or structures to which the same are attached and shall be constructed of incombustible material and in conformity with the structure of the building or structure to which the same are to be attached.
   (d)   No canopy or marquee which projects over the public way or other public place shall be equipped with or have attached thereto any illuminated or other sign, transparency, placard, streamer or other advertising material or device of any kind.
   (e)   The commissioner of business affairs and consumer protection shall revoke the public way use permit in all cases where the commissioner of transportation determines that the permitted canopy or marquee interferes with the use of the public way, has become hazardous to persons using the public way, or will interfere with work performed on the public way.
(Prior code § 34-18; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 12-15-99, p. 21529, § 6; Amend Coun. J. 1-13-10, p. 83228, § 1)
10-28-250  Reserved.
Editor's note – Coun. J. 1-13-10, p. 83228, § 1, repealed § 10-28-250, which pertained to canopy and marquee construction and clearance.
10-28-260  Reserved.
Editor's note – Coun. J. 1-13-10, p. 83228, § 1, repealed § 10-28-260, which pertained to revocation of a permit.
ARTICLE IV-A.  PLACEMENT OF PAY TELEPHONES IN PUBLIC WAY (10-28-265 et seq.)
10-28-265  Placement of pay telephones in public way.
   (a)   The commissioner of business affairs and consumer protection shall have the authority to enter into contracts that grant to one or more persons, subject to the conditions set forth in the contract and this chapter, the privilege of installing and maintaining pay telephones in the public way. The commissioner of business affairs and consumer protection may also contract for the removal of telephones illegally installed or maintained in the public way. Any such contract may be approved as to form and legality by the corporation counsel. In the administration of this section, the commissioner of business affairs and consumer protection shall consult and cooperate with all appropriate city departments. The commissioner may at any time cause to be advertised a request for proposals relating to such contracts.
   (b)   Such contracts and the method of awarding such contracts shall, to the greatest extent possible, be designed to:
      (1)   Discourage illegal drug sales and other criminal activity that are sometimes associated with and facilitated by pay telephones in the public way;
      (2)   Reduce the disturbances that pay telephones may tend to promote in residential areas;
      (3)   Reduce visual clutter in the public way;
      (4)   Reduce the unnecessary obstruction of pedestrian and vehicular traffic;
      (5)   Ensure the availability of pay telephones where they are needed for lawful purposes; and
      (6)   Provide adequate access to pay telephones by disabled persons.
      In addition to those considerations, the contracts may generate revenue for the city.
   (c)   Any contract entered into pursuant to this section shall provide that the privileges granted by the contract are subject to the city council's authority to order the removal of a pay telephone pursuant to subsection (f) of this section. Any such contract shall also permit the city council or the commissioner of business affairs and consumer protection to require pay telephones in the public way to have special features designed to reduce criminal activity. In addition, the contract must provide that the alderman must be notified of the location of any pay telephone that is to be situated in the public way in his or her ward pursuant to this section. No person shall be awarded a contract under this section unless the person has a valid certificate of service authority to provide pay telephone service granted by the Illinois Commerce Commission where required by law.
   (d)   No person may install a pay telephone in the public way on or after the effective date of this section unless the installation is made pursuant to a contract entered into under this section. Beginning January 1, 1993, no pay telephone may remain in the public way other than pursuant to a contract entered into under this section. Any telephone installed or maintained in violation of this paragraph shall be subject to immediate removal at the owner's expense by the city. However, in the case of a telephone deemed to be in the public way as the result of this amendatory ordinance, no such pay telephone shall be removed until at least seven days after a representative of the city has affixed a notice on the telephone stating that it will be subject to removal within seven days, and in no event shall such telephone be removed before December 15, 1994. A list of the locations at which such pay telephones are scheduled to be removed shall be made available for public inspection at least seven days prior to removal of the telephones on that list.
   (e)   No later than 30 days after the effective date of this section, every person who owns or maintains a pay telephone in the public way must file with the commissioner of business affairs and consumer protection a list of the locations of all such telephones owned or maintained by that person. No later than December 1, 1994, every person who maintains a pay telephone that is considered to be in the public way as the result of this amendatory ordinance must file with the commissioner of business affairs and consumer protection a list of the locations of those telephones. Any pay telephone in the public way that does not appear on such a list shall be subject to immediate removal at the owner's expense by the city beginning 31 days after the effective date of this section.
   (f)   The city council may at any time after January 1, 1993 or at any time after the effective date of this section if pursuant to a contract under this section, by ordinance order the removal of a particular pay telephone that is in the public way. Such an ordinance must identify the location of the telephone to be removed. Any pay telephone that is not removed within 14 days after an ordinance ordering its removal is adopted shall be subject to immediate removal at the owner's expense by the city.
   (g)   Any pay telephone removed by the city pursuant to this section may be reclaimed by its owner within 30 days after its removal. The owner must reimburse the city for its removal and storage costs before any such telephone may be reclaimed. Such costs shall also include the costs of removing any installation ancillary to the pay telephone, and the costs of restoring the public way to its original condition. Any telephone not so reclaimed may be disposed of as unclaimed property. Any contract for the removal of one or more pay telephones may include a provision, in a form subject to the approval of the corporation counsel, for indemnification of the contractor by the city against claims and liabilities arising out of performance of the contract.
   (h)   Any person who installs or maintains a pay telephone in violation of this section shall be subject to a fine of not less than $50.00 and not more than $200.00 for each offense. Each day that the violation continues shall constitute a separate offense. However, for the period ending six months after the effective date of this amendatory ordinance, no fine shall be imposed with respect to a telephone considered in the public way as the result of this amendatory ordinance unless a removal notice has been posted on the telephone pursuant to this section, or unless the location of the telephone appears on a list of locations scheduled for removal made available to the public pursuant to this section.
   (i)   As used in this section, (1) “pay telephone” means any publicly accessible self-service or coin or credit card operated telephone; and (2) “public way” has the meaning ascribed to the term in Section 1-4-090, but does not include property within any airport owned by the city. For purposes of this section, a pay telephone will be considered in the public way beginning on the effective date of this amendatory ordinance if (1) any portion of the telephone or its enclosure is situated on or projects or hangs over the public way; or (2) the telephone is so situated that it can be used by a person standing on the public way.
   (j)   The commissioner of business affairs and consumer protection shall have the authority to promulgate rules and regulations to implement this section.
   (k)   No provision of this section or any contract issued pursuant to this section may be applied to any transaction in interstate commerce to the extent to which such business may not, under the Constitution and statues of the United States, be made the subject of regulation by the city.
(Added Coun. J. 6-17-92, p. 18082; Amend Coun. J. 7-7-92, p. 18789; Amend Coun. J. 10-5-94, p. 57792; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5)
ARTICLE V.  AWNINGS (10-28-270 et seq.)
10-28-270  Reserved.
Editor's note – Coun. J. 1-13-10, p. 83228, § 1, repealed § 10-28-270, which pertained to an awning permit requirement.
10-28-280  Awnings construction – Maintenance.
   All awnings requiring a permit pursuant to Section 10-28-010 shall have a minimum clearance of six feet, six inches at the lowest part thereof above the surface of the sidewalk. Supporting framework shall not be less than seven feet, six inches from the sidewalk to the lowest part thereof when lowered for use. All structural parts of awnings shall be maintained in good and safe condition as is required by the building commissioner, the department of transportation and the department of business affairs and consumer protection, and if not so maintained the permit may be revoked by the building commissioner.
(Prior code § 34-20.2; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 3-5-03, p. 104990, § 12; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 1-13-10, p. 83228, § 1)
ARTICLE V-A.  OBSTRUCTION OF STREETS, SIDEWALKS AND PUBLIC PLACES FOR CONSTRUCTION AND BUILDING MAINTENANCE PURPOSES (10-28-281 et seq.)
10-28-281  Definitions.
   For the purposes of this chapter, the following terms shall be defined as follows:
   (a)   “Apron” shall mean a platform extending from the exterior wall of a building at any level.
   (b)   “Commissioner” shall mean the commissioner of transportation.
   (c)   “Construction canopy” shall mean a temporary structure erected adjacent to a building undergoing construction, demolition, repair or maintenance which is designed to catch construction materials, and which obstructs any public way or public place, but allows for pedestrian traffic to pass under the structure.
   (c-1) “Executive director” shall mean the executive director of emergency management and communications.
   (d)   “Heavy duty construction canopy” shall mean a construction canopy designed to carry a live load of at least 250 pounds per square foot.
   (e)   “Light duty construction canopy” shall mean a construction canopy designed to carry a live load of at least 150 pounds per square foot and up to 250 pounds per square foot.
   (f)   “Public place” shall mean any exterior location open to the public, but shall not include the public way.
   (g)   “Public protection measures” shall mean the installation of a construction canopy or other temporary structure over, or the closure of, the public way or a public place, as necessary to ensure the safety of the public.
   (h)   “Type I activity” shall mean work on a building which involves alteration, repair of exterior facade, work conducted pursuant to the critical examination program, or demolition. This includes, but is not limited to, tuckpointing.
   (i)   “Type II activity” shall mean work which involves the construction of a new building.
   (j)   “Type III activity” shall mean any routine maintenance work on a building within the Central Business District, as defined in Section 9-4-010, which does not require the removal of any physical structures. This includes, but is not limited to, painting, cleaning and window washing.
(Added Coun. J. 12-4-02, p. 99026, § 7.1; Amend Coun. J. 12-7-05, p. 64870, § 1.9)
10-28-281.1  Public protection measures.
   No person may engage in a Type I, Type II or Type III activity unless public protection measures are taken with respect to the public way or public place beneath or adjacent to the work being performed.
(Added Coun. J. 12-4-02, p. 99026, § 7.1)
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 exterior wall assessment program (Section 14A-6-603.2); (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; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 96)
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. An application for or an obstruction of the public way permit shall include a permit application fee set by the Commissioner. Beginning January 1, 2021, and each year on January 1st thereafter, this permit application fee shall automatically be increased in proportion to any increase in the CPI, as defined in Section 10-29-040, up to 2.5 percent in any one year, or in an amount that the Commissioner determines is supported by the costs associated with administering such permit. The Commissioner shall ensure such permit fee is published on a publicly accessible website. A permittee shall also be responsible for additional charges above the cost of the permit application fee as described in this section. 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 set forth in this subsection, except that after 720 days, and every 180 days thereafter, the monthly fee shall increase by an additional $2.00 ($4.00 in the Central Business District) for each foot of frontage obstructed for the partial closure of a sidewalk or parkway, and by an additional $4.00 ($8.00 in the Central Business District) for each foot of frontage obstructed for the total closure of a sidewalk or parkway. Such fee shall be calculated based on the total continuous days for which the sidewalk or parkway is obstructed, notwithstanding any change in permittee.
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; Amend Coun. J. 11-26-19, p. 11514, Art. II, § 2)
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)
ARTICLE V-B.  PROTECTION OF THE PUBLIC WAY AND PUBLIC PLACES (10-28-281.6 et seq.)
10-28-281.6  Protection required.
   (a)   When any person conducts a Type I or Type II activity on a building within the Central Business District, a heavy duty construction canopy shall be used to protect the public way or public place. At a minimum, the heavy duty construction canopy shall extend from the building up to the nearest public light pole, planter or other public structure, or fifteen feet, whichever is less. When necessary for the public to enter a building during a Type I or Type II activity, all entrances from the street to the building shall also be protected by a heavy duty construction canopy. The area required to be canopied can be altered by the commissioner, if, in his opinion, the height of the building and the type of work being conducted necessitates a larger or smaller canopied area.
   (b)   In all other circumstances, and when conducting a Type III activity, a light duty construction canopy shall be used, with the following exceptions:
      (1)   When the height of the building does not exceed three stories or 40 feet, a barricade located not less than ten feet from the building may be used in lieu of a light duty construction canopy.
      (2)   When the height of a building does not exceed four stories or 50 feet, a fence located not less than ten feet from the building may be used in lieu of a light duty construction canopy.
   (c)   The commissioner shall have the authority to require the use of a barricade, fencing or traffic cones in lieu of a construction canopy based on the duration of the obstruction or any traffic concerns which may be caused by the construction canopy.
(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)