10-8-330 Parade.

   (a)   The following terms are defined for the purposes of this chapter, as follows:

   "Business day" means those days in which municipal offices are open for conducting city business. A "business day" does not include Saturday, Sunday or the holidays listed in Section 2-152-090.

   "Commissioner" means the commissioner of transportation.

   "Large parade" means any parade that is held in the central business district, as that term is defined in Section 9-4-010, or any parade that is anticipated to require city services exceeding $20,000.00 in value, to be adjusted beginning in 2013 for inflation.

   "On-duty" means any city employee, including a police officer, who is scheduled to work on a specific day or shift as part of the employee's normal working hours. A city employee is not "on-duty" if the employee was not normally scheduled to work on that specific day or shift as part of the employee's normal working hours, but was called in or scheduled to work on that specific day or shift due to the demand for additional city personnel or resources.

   The term "organization" shall include any voluntary association entered into for the purpose of organizing a parade.

   "Parade" means any march, procession or other similar activity consisting of persons, animals, vehicles or things, or any combination thereof, upon any public street, sidewalk, alley or other public place, which requires a street closing or otherwise requires authorized city employees to stop or reroute vehicular traffic because the parade will not or cannot comply with normal and usual traffic regulations or controls.

   "Parade organizer" means the person listed on the permit application who is designated as the responsible planner and on-site manager for the parade.

   "Parade unit" or "unit" means one vehicle, one float or one marching group.

   "Person" has the same meaning ascribed to that term in Section 1-4-090.

   "Traditional parade" means a parade that has been conducted on or about a certain date, on a substantially similar route, and in connection with a specific holiday or consistent theme, for at least the prior five years. Not having a parade in 2020 or 2021 shall not be included as part of the counting of the five years.

   (b)   No parade is permitted on any portion of the public way unless a permit allowing such activity has been obtained from the department of transportation.

   (c)   Except as provided in subsection (i), any person or organization seeking to obtain a parade permit shall file an application with the commissioner in the same calendar year as, and not less than 15 business days before, the date for which the parade is proposed; provided that if the requested permit is for a parade to be held in January, the application must be filed not less than 15 business days before, and not more than one year before, the date for which the parade is proposed. The commissioner shall consider an application for a parade which is filed less than 15 business days before the proposed event, where the purpose of such event is a spontaneous response to a current event, or where other good and compelling causes are shown.

   (d)   (1)   No person or organization may submit more than one application for the same parade date and route, or for a parade substantially similar in theme or units described but requesting an alternate date or route, whether using the same name, different names, or different affiliations that the person or organization may control or be a member of.

      (2)   No person or organization may submit an application on behalf of another person or entity that is also filing a parade application.

      (3)   Where a person or organization submits multiple applications for the same parade date and route, or for a parade substantially similar in theme or units described but requesting an alternate date or route, whether by using one name or multiple names, that person or organization shall not be eligible for such a permit and shall be in violation of this ordinance.

      (4)   The commissioner is authorized to disregard any such multiple applications and to deny any permit on the basis of a violation of this subsection (d). Any applicant who disagrees with the commissioner's actions hereunder may appeal, in the manner set forth in subsection (l).

   (e)   (1)   An application for a parade permit shall contain the following information:

         (i)   the name, address, 24-hour contact telephone number, and, if available the fax number and e-mail address, of the person signing the application, and the organization with which that person is affiliated or on whose behalf the person is applying, if applicable. If the person is signing the application on behalf of an organization, evidence that the person is authorized to sign the application on behalf of such organization;

         (ii)   where an organization is involved in requesting a permit, the name, address, 24-hour contact telephone number, and, if available, the fax number and e-mail address, of the leaders of the organization conducting the parade. If the applicant at a later date becomes affiliated with an organization for purposes of producing a parade, this information shall be submitted at such time;

         (iii)   the name, address, 24-hour contact telephone number, and, if available, the fax number and e-mail address of the parade organizer;

         (iv)   the date of the proposed parade and the hours that it will begin and end;

         (v)   the location and exact street address of the assembly and disbanding area, the time when the parade will begin to assemble and disband and whether a permit has been obtained from the property owner to use the assembly or disbanding area;

         (vi)   the approximate number of persons and vehicles, floats or other units to participate in the parade and the basis on which this estimate is made;

         (vii)   the route along which the parade will proceed and the sidewalks or lanes of traffic it will occupy;

         (viii)   a list identifying the type and number of all animals that applicant intends to have at the parade; and

         (ix)   a description of any sound amplification or other equipment that is on wheels or too large to be carried by one person, and a description of the size and dimension of any sign, banner or other attention-getting device that is too large to be carried by one person, to be used in connection with the parade.

      (2)   As a condition of the permit, the permit holder shall keep all information current. Any change in required information shall be reported to the commissioner immediately.

      (3)   The application for a parade permit shall be accompanied by a non-refundable processing fee of $50.00.

      (4)   No permit shall be issued until the parade organizer provides proof of the insurance required in subsection (m), if applicable.

      (5)   The application shall be in a form and format as prescribed by the commissioner in rules and regulations. The commissioner is authorized to disregard any application filed not in compliance with such rules and regulations and the application shall be returned to the applicant.

   (f)   The commissioner shall investigate the facts set out in the application, in consultation with the police department, which shall be sent copies of the application immediately upon receipt. Where the commissioner determines that additional information on the factors set forth in subsection (g)(1) – (5) is required, copies of the application and a request for such information also shall be sent to any appropriate city department or other governmental agency, including any sister agency. Where the commissioner determines that any such entities may need to make advance preparations for the parade, or may have information useful to planning for city services supporting the event, a copy of the permit or an alternative form of notice shall be sent to the appropriate city department, and any governmental agency, including any sister agency, which may be affected by the parade.

   The commissioner shall send a copy of each parade permit application to the alderman of the ward or wards in which the parade is to be held, with a request for any information on the factors set forth in subsection (g)(1) – (3), and a copy of the grant or denial of a parade permit.

   Every February 1st and August 1st, the commissioner shall send to the police department and the city council committees on special events, cultural affairs and recreation and transportation and public way a list of all parade permits granted which have not previously been reported.

   (g)   After such investigation, the commissioner shall issue a permit when the commissioner finds that:

      (1)   The parade will not substantially or unnecessarily interfere with traffic in the area contiguous to the activity, or that, if the parade will substantially interfere with such traffic, that there are available at the time of the proposed parade sufficient city resources to mitigate the disruption;

      (2)   There are available at the time of the parade a sufficient number of on-duty police officers, or other city employees authorized to regulate traffic, to police and protect lawful participants in the parade and non-participants from traffic-related hazards in light of the other demands for police protection at the time of the proposed parade;

      (3)   The concentration of persons, animals, vehicles or things at the assembly and disbanding areas and along the parade route will not prevent proper fire and police protection or ambulance service;

      (4)   The parade will not interfere with the use of the requested area by another party to whom a valid permit has been issued for the same area or route, or does not conflict with another application, or with a traditional parade;

      (5)   The parade will not be conducted for any purpose or in any manner made unlawful elsewhere in this code or by any other local, state or federal law; and

      (6)   The application contains sufficient information about the person or organization applying for the permit, the parade organizer, and the proposed date, time, location, route and number of participants.

   (h)   Subject to subsection (i), all applications for any parade permit shall be processed on a first-in-time basis; provided that if there is a conflict between two or more applications filed, the conflict shall be resolved as follows:

      (1)   During the first five business days of each calendar year, the commissioner shall accept all applications for a parade permit filed without giving priority to applications filed first in time; provided however that for purposes of calculating the number of days required to take action or provide notice pursuant to subsection (j), all applications filed within the first five business days of the calendar year shall be deemed as filed on the fifth business day of the year.

      (2)   Where there is a conflict between two or more applications filed during the first five business days, or with an application for a traditional parade, the commissioner shall first evaluate whether the conflict could be resolved by assigning the applicants consecutive times on the same day and route, giving consideration to the criteria set forth in subsection (g)(1) – (4). If the commissioner finds that consecutive times are appropriate, the commissioner shall notify each applicant that the permit shall be granted for the specified alternative time. For those applicants who are not assigned their requested time period, such notice shall be treated as a denial and offer of alternative under subsection (k) for purposes of the five-business day time period in which to file an acceptance or appeal.

   Where consecutive times are not deemed appropriate and the conflict is with an application for a traditional parade, the traditional parade shall receive the permit in compliance with subsection (i).

      (3)   With respect to any remaining conflicts among permit applications, the commissioner shall notify the applicants that the conflict shall be resolved by lottery, and of the date, time and place of the lottery. Within seven days after the lottery, the applicants not chosen may submit alternative preferences to the commissioner. Any requests for alternative preferences submitted by applicants under this subsection shall be treated as a new application, for purposes of all time limitations under this section, and any conflicts arising among the alternative preferences shall be resolved in accordance with the procedures set forth herein,

      (4)   Applications for a parade permit received during the first five business days of the calendar year shall be given priority over applications received thereafter.

   (i)   For purposes of protecting the expectations and enjoyment of the public, a traditional parade shall be given a preference to continue on the traditional date and route of the parade. An application for a permit for a traditional parade shall be filed between the 1st and 15th day of December in the year prior to which the parade is to be held. Any application for a permit for a traditional parade filed after such time shall lose the traditional parade preference and shall be considered as an application for a non-traditional parade permit and subject to subsection (h).

   In addition to any other information required, the commissioner may request an applicant for a traditional parade permit to provide information or documentation that the parade for which the permit is requested meets the criteria for a traditional parade.

   Where the prior organizer of a traditional parade has been consistent and is ascertainable, that person or organization shall be given the preference.

   Where there is a dispute regarding which person or organization shall receive the traditional parade preference for a certain date or route, the traditional parade which has been in existence longer shall receive the permit.

   Where two or more applications are filed purporting to represent the prior organizer of a traditional parade, or where there have been different organizers over the past five years, the commissioner may request those involved to submit documentation to resolve such conflict. Where the commissioner finds no clear resolution of the conflict, the commissioner shall conduct a lottery to select the permittee, and shall notify each applicant in writing by mail, fax or e-mail of the existence of the conflict and of the date, time and place of the lottery.

   Any applicant who disagrees with the commissioner's actions hereunder may appeal, in the manner as set forth in subsection (i).

   (j)   (1)   The commissioner shall take action upon the application for a parade permit, and provide notice thereof, for applications filed in January within 10 business days after filing of an application, for all other applications within seven business days after the filing thereof or, if any lottery is held, within seven business days of the lottery, except that where the purpose of such event is a spontaneous response to a current event, or where other good and compelling cause is shown, the commissioner shall act within two business days.

      (2)   Notice shall be made in writing by mail, fax, or e-mail directed to the applicant, stating the facts and conclusions which are the basis for any denial of the permit and, if the action taken is setting a lottery date or offering a consecutive time, then describing the conflict among application requests. If the commissioner denies an application for failure to provide sufficient information about the proposed route or the estimated number of participants, he shall specify what additional information must be provided in a new or amended application.

      (3)   In the event that the commissioner fails to take action within the time prescribed in subsection (j)(1) after the date upon which the application was filed, the application shall be deemed approved and the permit deemed granted as to the time, date, location and route as set forth in the application.

   (k)   When the commissioner denies an application for a parade permit, the commissioner shall authorize the conduct of a parade on a date, at a time, at a location, or over a route different from that named by the applicant. This alternate permit shall, to the extent practicable, authorize an event that will have comparable public visibility and a similar route, location and date to that of the proposed parade. An applicant desiring to accept an alternate parade permit shall, within five business days after notice of the action by the commissioner, file a written notice of acceptance with the commissioner. Where the denial and alternate are based on a conflict between applications for a parade permit, however, the procedures set forth in subsection (h) shall apply.

   The commissioner is empowered to limit the parade to the sidewalk or to one or more traffic lanes of the street if it is determined that such limited area is capable of accommodating the number of parade participants or parade units anticipated, based upon the information submitted by the applicant and the experience of previous comparable events, and such limitation shall not be considered a denial.

   (l)   (1) Any applicant who believes that his application for a permit is wrongfully denied may file an appeal with the department of administrative hearings within five business days of the date of notice of the commissioner's decision. If no appeal is filed within five business days of the date of notice of the commissioner's decision, that decision shall be deemed final.

   Upon the filing of such appeal, the department of administrative hearings shall cause a hearing to be held within five business days and based upon the evidence contained in the record of such hearing, either affirm or reverse the decision of the commissioner.

   Any final decision of the department of administrative hearings shall be subject to judicial review in accordance with applicable law.

   In the event that the department of administrative hearings fails to act within two business days of the conclusion of a hearing held under this section, the application for a permit shall be deemed approved and the permit deemed granted as to the date, time, location and route as set forth in the application.

      (2)   If there is not sufficient time to file the appeal in accordance with the procedure set forth in this subsection, the decision by the commissioner shall be deemed a final decision subject to judicial review in accordance with applicable law.

   (m)   For large parades, the commissioner shall require, as a condition of the permit, that the parade organizer obtain a commercial general liability insurance policy with limits of not less than $1,000,000.00 per occurrence for bodily injury, personal injury and property damage, naming the city as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the permittee's operations. In addition to the requirements stated above, and apart from and separate from any insurance requirement under this section, the permittee shall indemnify, defend and hold harmless the City of Chicago and its assignees and employees against any additional or uncovered third party claims against the city arising out of or caused by the parade; and shall agree to reimburse the city for any damage to the public way or to city property arising out of or caused by the parade.

   (n)   (1)   At least one week prior to the scheduled parade, the parade organizer shall submit to the department of cultural affairs and special events a line of march, which shall list all parade units in numerical order, with a description and an estimate of the size or length of each unit. For any new parade, and for any parade for which in the prior year the estimate of the number or size of units was substantially inaccurate, the parade coordinator also shall be required to submit documentation demonstrating the planned participation of the parade units. At least one week prior to the scheduled parade, the parade organizer shall furnish to the commissioner documents demonstrating compliance with the insurance requirement set forth in this section, if required.

      (2)   Where animals will participate or be involved in the parade, the parade coordinator must provide: a veterinarian's certificate of good health for each animal to be used; the name of the attending local veterinarian who shall provide care for any sick or injured animals; a copy of the handler's Federal Exhibitor's license for any animal identified in the Illinois Dangerous Animal Act; and access to an animal ambulance.

   In order to protect the health and safety of the public, employees of the commission on animal care and control are authorized to inspect animals prior to their use in the parade and to prohibit the use of any animal found to be diseased or unhealthy, or which poses a danger to public health and safety.

      (3)   The commissioner may establish in rules and regulations provisions for the orderly conduct of the parade, including requiring the parade units to proceed at a reasonable pace.

   (o)   (1)   The parade shall last no longer than two hours and 15 minutes, except that where a traditional parade consistently has lasted longer and the commissioner determines that there is no traffic safety or undue congestion problem in continuing to allow the longer time period, the permit may provide for additional hours. The parade permit time may be reduced by the department of cultural affairs and special events after receipt of the parade lineup, where the number and size of the planned parade units are not sufficient to fill the permit time while proceeding at a reasonable pace, or may be reduced by the police department on location, for the same reason, where the actual size and number of parade units at the lineup are insufficient to require a two-hour and 15 minute street closing. Once the last unit has started on the parade route, the department of streets and sanitation will begin cleaning the street, and the police department will reopen the street to traffic as street cleaning is completed. Once the last parade unit has completed the parade route, all parade participants must disperse from the street so that it may be safely cleaned and reopened to traffic.

      (2)   Where the parade permit was limited to the sidewalk or one lane of traffic based on the estimated number of parade participants and parade units, and in the event that the number of participants in attendance exceeds anticipated levels, members of the police department are authorized to make reasonable accommodation to increase the portion of the public way made available in order to preserve public health and safety.

   Alternatively, where the number or size of parade participants or parade units participating are substantially less than expected, members of the police department are authorized to limit the available portion of the public way, where one lane of traffic or the sidewalk is capable of accommodating the number of participants and parade units present.

   (p)   The commissioner, in consultation with other city departments and agencies, including the department of cultural affairs and special events, is authorized to promulgate rules and regulations to implement this section.

   (q)   It shall be unlawful for any person to knowingly interfere with any person or organization lawfully conducting a parade.

   (r)   Any requirement for an application fee or obtaining insurance provided for in this section shall be waived by the commissioner if the application is for an activity protected by the 1st Amendment to the United States Constitution and the requirement would be so financially burdensome that it would preclude the applicant from applying for a parade permit for the proposed activity. An application for a waiver of the application fee or insurance requirement shall be made on a form prescribed by and contain reasonable proof acceptable to, the commissioner.

   (s)   Any person violating any of the provisions of this section, or any of the provisions of the regulations promulgated hereunder, shall be fined not less than $200.00 nor more than $1,000.00, or may be subject to incarceration for up to ten days, or both. In addition to any other penalty or fine provided, any person who sells or transfers a permit granted under this section shall be barred from applying for another such permit for a period of three years.

(Prior code § 36-31; Amend Coun. J. 7-29-87, p. 2888; Amend Coun. J. 12-20-89, p. 10127; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 11-30-94, p. 62771; Amend Coun. J. 12-21-94, p. 64115; Amend Coun. J. 11-18-98, p. 84402, § 1; Amend Coun. J. 12-12-01, p. 76493, § 1; 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. IX, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. VII, § 3; Amend Coun. J. 1-18-12, p. 19230, § 5; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 27; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 28; Amend Coun. J. 4-21-21, p. 29736, § 1)

10-8-331 Independent farmers markets.

   (a)   Definitions. As used in this section, unless the context clearly indicates otherwise:

   "City property" means any property owned or leased by City of Chicago.

   "Commissioner" means the Commissioner of the Department of Cultural Affairs and Special Events or the Commissioner's designee.

   "Department" or "DCASE" means the Department of Cultural Affairs and Special Events.

   "Independent farmers market" or "event" means an area on: (i) the public way; or (ii) City property; or (iii) private property, where at least 75 percent of the vendors participating in such event are farmers or other growers or producers.

   "Farmers or other growers or producers" means natural persons who offer for sale or sell directly to consumers or prospective purchasers: (i) articles for human consumption, such as whole or uncut fruits or vegetables or their non-alcoholic juices, edible grains, nuts, berries and apiary products; or (ii) nonedible articles, such as cut or potted flowers or handmade products, if the articles identified in items (i) and (ii) herein have been raised, prepared or made by the farmer, grower or producers or by members of his or family or by persons in his or employ; or (iii) authorized foods produced in a cottage food operation in conformity with Section 4 of the Food Handling Regulation and Enforcement Act, 410 ILCS 625/4, or its successor Act, and any rules promulgated thereunder. The term "independent farmers market" does not include any farmers market designated by the Commissioner as a farmers market pursuant to Section 4-12-080(a)(1).

   "Public way" has the meaning ascribed to that term in Section 10-8-335(a)(5).

   "Special city services" has the meaning ascribed to that term in Section 10-8-335(a)(1)(B).

   "Sponsor of the event" or "sponsor" has the meaning ascribed to that term in Section 10-8-335(a)(3).

   (b)   Unlawful act. No person shall engage in the activity of independent farmers market without first having obtained from the Department a special event permit or market registration, as applicable, for such activity.

      (1)   Special event permit – When required. A special event permit issued under Section 10-8-335 shall be required to engage in the activity of independent farmers market if in connection with such event, the sponsor of the event requires: (i) special city services, or (ii) a temporary food establishment license.

      (2)   Market registration – When required. A market registration issued in accordance with subsection (c) of this section shall be required to engage in the activity of independent farmers market if, in connection with such event, the sponsor of the event does not require: (i) special city services, or (ii) a temporary food establishment license.

   (c)   Market registration – Process and fees.

      (1)   Application. The application for a market registration under subsection (b)(2) of this section shall be submitted by the sponsor of the event in the form and manner prescribed by the Commissioner, and shall contain the following information: (i) the sponsor's name, address, e-mail address, and telephone number; (ii) the name, address, e-mail address, and telephone number of the sponsor's authorized and responsible agent for service of process; (iii) the date and time the farmers market will be held; (iv) the location where the farmers market will be held; (v) whether the farmers market will be held, in whole or in part, on the public way or on City property; (vi) whether the farmers market will be held, in whole or in part, on private property; (vii) whether any street closure(s) will be requested in connection with the farmers market; (viii) whether any special services will be required in connection with the farmers market; (ix) whether any prepackaged food or prepared food will be sold by vendors at the farmers market; (x) whether any required temporary food establishment license has been applied for or obtained; (xi) the total number of vendors estimated at the farmers market; (xii) the percentage of vendors identified pursuant to item (xi) that are farmers or growers and producers; and (xiii) any other information that the Commissioner may reasonably require to implement this section. All information provided on the application shall be complete and truthful. The applicant shall report any change in required information to the Commissioner within 10 business days of such change or prior to the date on which the farmers market is held, whichever comes first.

      (2)   Market registration – Prohibited when. A market registration under this subsection (c) may be denied if the Commissioner of Transportation notifies DCASE that the date, place, time or manner of the event will have an adverse impact on the public way or on public safety, or the Commissioner of Health notifies DCASE that the date, place, time or manner of the event will have an adverse impact on the public health or safety.

      (3)   Notification of approval or denial. The Department shall inform the applicant, at least ten calendar days prior to the date of the event, whether the application is approved or denied. If the Department approves the registration application, the Department shall so notify the applicant without undue delay. If the Department denies the registration application, the Department shall provide the applicant with written notice of such fact, which notice shall state why the application has been denied. If the Department fails to act within 35 business days of receipt of the registration application and any amendments thereto, the registration application shall be deemed approved and the registration deemed granted in conformity with this subsection. The Department's decision to approve or disapprove a registration application under this subsection (c)(3) shall be final and may be appealed in the manner provided by law.

      (4)   Revocation of market registration – When authorized. The Department may at any time revoke a market registration issued under this section if operation of the independent farmers market violates this Code or any other applicable law, or if such revocation is necessary to preserve the health or safety of the public. Written notice of the revocation with the reasons therefor shall be e-mailed or mailed to or personally served upon, the sponsor or the sponsor's designated agent for service of process as indicated on the registration application. Unless the registration will expire by its own terms before a hearing can be reasonably scheduled, no such revocation will take effect until the sponsor of the event or such sponsor's agent for service of process has been given notice and an opportunity to be heard in accordance with rules issued by the Department. When necessary to prevent an immediate threat to the health or safety of the Department, the Department shall order the sponsor to cease operation of the independent farmers market in whole or in part pending the outcome of the hearing.

      (5)   Market registration – Fee. No fee shall be assessed to register an independent farmers market with the Department pursuant to subsection (b)(2) of this section.

      (6)   Legal duties. The sponsor of any independent farmers market registered or required to be registered with the Department under subsection (b)(2) of this section shall:

         (i)   have a representative present at all times during the event. Such representative shall be responsible for ensuring compliance with all applicable ordinances and rules and for accepting all notices of violation and closure orders;

         (ii)   not allow any alcoholic beverages to be offered for sale or sold at the event; and

         (iii)   comply with any rules duly promulgated hereunder.

      (7)   Rules. The DCASE Commissioner and Commissioner of Health, following consultation with one another, may jointly or separately promulgate rules necessary or appropriate to implement this section.

      (8)   Penalty for violation. In addition to any other penalty provided by law, any person who violates this section or any rule promulgated thereunder shall be fined not less than $500.00 nor more than $2,500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

(Added Coun. J. 6-25-21, p. 32064, § 2)

10-8-332 Athletic event.

   (a)   The following terms are defined for the purposes of this chapter, as follows:

   "Athletic event" means any event involving the conduct of exercises, sports, games, marathons, or similar types of events, which is reasonably anticipated to obstruct the normal flow of traffic upon the public way.

   "Athletic event organizer" means the person listed on the permit application who is designated as the responsible planner and on-site manager for the athletic event.

   The term "organization" shall include any voluntary association entered into for the purpose of organizing an athletic event.

   The terms "Business day", "Commissioner", "On- duty" and "Person" have the same meanings ascribed to those terms in Section 10-8-330.

   The term "public way" shall include the harbor as defined in Section 10-40-010.

   (b)   No athletic event is permitted on any portion of the public way unless a permit allowing such athletic event has been obtained from the Department of Transportation.

   (c)   Any person or organization seeking to obtain an athletic event permit shall file an application with the commissioner in the same calendar year as, and not less than 45 days before, the date for which the athletic event is requested, unless the requested permit is for an event to be held in January or February, in which case the application must be filed not less than 45 days before, and not more than one year before, the date for which the athletic event is requested.

   (d)   (1)   The application for an athletic event permit shall contain the following information:

         (i)   the name, address, 24-hour contact telephone number, and the fax number and e-mail address, if available, of the person signing the application, and the organization with which that person is affiliated or on whose behalf the person is applying, if applicable. If the person is signing the application on behalf of an organization, evidence that the person is authorized to sign the application on behalf of such organization;

         (ii)   where an organization is involved in requesting a permit, the name, address, 24-hour contact telephone number, and the fax number and e- mail address, if available, of the authorized and responsible leaders of the organization conducting the athletic event. If the applicant at a later date becomes affiliated with an organization for purposes of producing an athletic event, this information shall be submitted at such time;

         (iii)   the name, address, 24-hour contact telephone number, and the fax number and e-mail address, if available, of the athletic event organizer;

         (iv)   the date of the proposed athletic event and the hours that it will begin and end;

         (v)   the location and exact street address of the assembly and disbanding area, the time when the athletic event will begin to assemble and disband and whether a permit has been obtained from the property owner to use the assembly or disbanding area;

         (vi)   the approximate number of spectators and participants in the athletic event and the basis on which this estimate is made;

         (vii)   a description of any recording equipment, sound amplification equipment, banners, signs, or other attention-getting devices to be used in connection with the athletic event; and

         (viii)   any route along which the athletic event will proceed and the sidewalks or lanes of traffic it will use.

      (2)   As a condition of the permit, the permit holder shall keep all information current. Any change in required information shall be reported to the commissioner immediately.

      (3)   The application for an athletic event permit shall be accompanied by a nonrefundable processing fee of:

         (A)   $100.00 if the application is submitted more than sixty days prior to the event;

         (B)   $200.00 if the application is submitted between fifty-nine and forty-five days prior to the event;

         (C)   $500.00 if the application is submitted between forty-four and thirty days prior to the event; and

         (D)   $1,000.00 if the application is submitted between twenty-nine and fifteen days prior to the event.

         (E)   $2,000.00 if the application is submitted between fourteen and seven days prior to the event.

   No application for an athletic event permit shall be accepted less than seven days prior to the athletic event.

   (e)   The Commissioner shall investigate the facts set out in the application, in consultation with the Department of Police and other appropriate City departments and sister agencies, which shall be sent copies of the application immediately upon receipt. Where the Commissioner determines that additional information on the factors set forth in subsection (f)(1) – (7) is required, copies of the application and a request for such information also shall be sent to any appropriate City department or other governmental agency, including any sister agency. Where the Commissioner determines that any such entities may need to make advance preparations for the athletic event, or may have information useful to planning for City services supporting the event, a copy of the permit or an alternative form of notice shall be sent to the appropriate City departments, and any other governmental agency, including any sister agency which may be affected by the athletic event.

   The Commissioner shall send a copy of each athletic event permit application to the alderman of the ward or wards in which the athletic event is to be held, with a request for any information on the factors set forth in subsection (f)(1) – (3), and a copy of the grant or denial of a athletic event permit.

   Every February 1st and August 1st, the Commissioner shall send to the Department of Police and the City Council committees on special events, cultural affairs and recreation and transportation and public way a list of all athletic event permits granted which have not previously been reported.

   (f)   After such investigation, the Commissioner shall issue a permit when the Commissioner finds that:

      (1)   The proposed athletic event will not substantially or unnecessarily interfere with traffic in the area contiguous to the activity, or that, if the athletic event will substantially interfere with such traffic, that there are available at the time of the proposed activity sufficient City resources to mitigate the disruption;

      (2)   There are available at the time of the athletic event a sufficient number of on-duty police officers, or other City employees authorized to regulate traffic, to police and protect lawful participants in the activity and non-participants from traffic-related hazards in light of the other demands for police protection at the time of the proposed event or activity;

      (3)   The concentration of persons, animals, vehicles or things at the assembly and disbanding areas and along the athletic event route will not prevent proper fire and police protection or ambulance service;

      (3.5)   The proposed athletic event does not present a substantial and unreasonable risk to the health and safety of participants, bystanders, or City personnel which cannot be mitigated, regardless of location, and which is beyond the type or magnitude of risks and mitigations commonly considered in paragraphs (1 ), (2) and (3) of this subsection (f), as determined by the Commissioner, in consultation with the Department of Police, the Fire Department and the Office of Emergency Management and Communications;

      (4)   An applicant for an athletic event permit has complied with subsection (k) herein;

      (5)   If the application is for an athletic event for which participation fees will be charged for participation in the event, the proposed athletic event will be in the best interest of the city in light of the: (i) apparent ability of the applicant to comply with the requirements of this section, and (ii) willingness and financial ability of the applicant to conduct the event in a manner appropriate to the type of the event, and to pay any prizes that the applicant has advertised or is likely to advertise. In making a determination under this subparagraph (f)(5), the commissioner may consider the experience of the applicant in conducting the same or similar events, and may require additional information from the applicant with respect to the proposed event and the applicant's financial situation;

      (6)   The proposed activity will not interfere with the use of the requested area by another party to whom a valid permit has been issued for the same area, or does not conflict with another permit application or a traditional parade, as that term is defined in Section 10-8-330; and

      (7)   The application contains sufficient information about the person or organization applying for the permit; the proposed athletic event; the date, time, location and route; and the number of participants and anticipated number of spectators.

   (g)   All applications for an athletic event permit shall be processed on a first-in-time basis.

   (h)   The commissioner shall inform the applicant for an athletic event permit whether the application is approved or denied within 30 days after the filing thereof. If the commissioner approves the application, the commissioner shall inform the applicant within such time of the compensation, insurance or bond, if any, required pursuant to this section. If the commissioner denies the application, the commissioner shall provide written notice by mail, fax or e-mail of the commissioner's action within such time, stating the specific facts and conclusions which are the basis for the denial of the permit. If the commissioner fails to act within 30 days after the date upon which the application was filed, the application for an athletic event permit shall be deemed approved and the permit deemed granted as to time, date, location and route as set forth on the application.

   (i)   Subject to the exception listed in this paragraph, when the Commissioner denies an application for an athletic event permit, the Commissioner shall authorize the conduct of an athletic event on a date, at a time or at a location different from that named by the applicant. This alternate permit shall, to the extent practicable, authorize an event that will have comparable public visibility and a similar location and date to that of the proposed event. Notwithstanding anything in this section to the contrary, the Commissioner may deny an application for an athletic event permit without authorizing an alternative permit if such denial is pursuant to subsection (f)(3.5). In such case, the Commissioner’s written notice of denial shall make specific note of the Commissioner’s determination under subsection (f)(3.5) in addition to the standard requirement that the Commissioner state the specific facts and conclusions which are the basis for the denial of the permit.

   An applicant desiring to accept an alternate athletic event permit shall, within five business days after notice of the action by the commissioner, file a written notice of acceptance with the commissioner.

   The commissioner is empowered to limit the athletic event to the sidewalk or to one or more traffic lanes of the street where it is determined that such limited area is capable of accommodating the number of participants or spectators anticipated based upon the information submitted by the applicant and the experience of previous comparable events, and such limitation shall not be considered a denial.

   During the athletic event, members of the police department are authorized to limit the available portion of the public way, where one lane of traffic or the sidewalk is capable of accommodating the number of participants or spectators present.

   (j)   (1)   Any applicant who believes that his or her application for a permit is wrongfully denied may appeal the denial by notifying the department of administrative hearings of the intent to appeal. If no appeal is filed within five business days of the date of notice of the commissioner's decision, that decision shall be deemed final.

   Upon the filing of such appeal, the department of administrative hearings shall cause a hearing to be held within five business days and based upon the evidence contained in the record of such hearing, either affirm or reverse the decision of the commissioner.

   Any final decision of the department of administrative hearings shall be subject to judicial review in accordance with applicable law.

   In the event that the department of administrative hearings fails to act within five business days of the conclusion of a hearing held under this section, the application for a permit shall be deemed approved and the permit deemed granted as to time, date, location and route as set forth on the application.

      (2)   If there is not sufficient time to file the appeal in accordance with the procedure set forth in this subsection, the decision by the commissioner shall be deemed a final decision subject to judicial review in accordance with applicable law.

   (k)   Upon the filing of an application to conduct an athletic event, the commissioner shall investigate the facts set forth in the application and determine:

      (1)   The amount, if any, of a fee to be tendered to the city by the applicant to compensate the city for the provision of any city services deemed necessary by the commissioner for the safe and orderly conduct of the athletic event; and

      (2)   The amount, if any, of any bond or insurance, naming the city as the insured, that the commissioner determines is necessary to: (i) insure the city against any liability arising from the athletic event; (ii) indemnify the city against any additional or uncovered third party claims arising out of or caused by the athletic event; and (iii) cover the cost for any damage to the public way or other city property arising out of or caused by the athletic event.

   No athletic event permit shall be issued until such fees are paid or bonds furnished. The commissioner shall adopt rules and regulations to govern the determination of whether any fees or bonds are required and the amount of any such fees or bonds.

   (l)   The commissioner, in consultation with other city departments and agencies, including the department of cultural affairs and special events, shall promulgate rules and regulations to implement this section.

   (m)   It shall be unlawful for any person to knowingly interfere with any person or organization lawfully conducting an athletic event.

   (n)   Any person violating any of the provisions of this section, or any of the provisions of the regulations promulgated hereunder, shall be fined not less than $200.00 nor more than $1,000.00 or may be subject to incarceration for up to 10 days, or both. In addition to any other penalty or fine provided, any person who sells or assigns a permit granted under this section shall be barred from applying for another such permit for a period of three years.

(Added Coun. J. 1-18-12, p. 19230, § 5; Amend Coun. J. 11-16-16, p. 38042, Art. VII, § 1; Amend Coun. J. 10-16-19, p. 7341, § 1; Amend Coun. J. 7-17-24, p. 14481, § 1)

10-8-334 Public assembly.

   (a)   For purposes of this section the following definitions apply:

   The term "organization" shall include any voluntary association entered into for the purpose of organizing a public assembly.

   "Public Assembly Organizer" means the person who is designated on the notice sent to the commissioner as the responsible planner or on-site manager for the public assembly. A "Public Assembly Organizer" shall include a person who, even absent a formal designation, acts as the responsible planner or on-site manager for the public assembly.

   "Public Assembly" means a company of persons collected together in one place on the sidewalk, or any organized march or procession of persons upon the sidewalk, which is reasonably anticipated to interfere with or impede the flow of pedestrian traffic, but will not: (i) obstruct the normal flow of vehicular traffic, or (ii) require a street closing or otherwise require police officers to stop or reroute vehicular traffic because the persons will not or cannot comply with normal and usual traffic regulations or controls.

   The terms "Business Day", "Commissioner" and "Person" have the same meaning ascribed to those terms in Section 10-8-330.

   (b)   (1)   Any person or organization planning to lead or initiate any type of public assembly, including a march or procession upon a public sidewalk, shall notify the commissioner, in a form prescribed by the commissioner, at least five business days in advance, or as soon as practicable if the event is of a spontaneous or urgent nature, and shall inform the commissioner of the date, time, location, route and estimated number of persons participating, so that the city can make any preparations necessary to provide personnel or other city services to minimize the obstruction to pedestrian and other traffic and to otherwise protect the participants and the public.

      (2)   Such public assemblies shall be allowed unless the commissioner notifies, in writing by mail, fax or e-mail the person or organization giving the notice, within two business days after receipt of notice of the public assembly, or as soon as practicable before the scheduled event, that there would be a direct interference with a previously planned permitted activity or public assembly, or that there is a significant public safety issue, limited to those set forth for parades in Section 10-8-330 (g)(1) – (4). If the commissioner issues such a notice, the commissioner must state the reasons in writing and give an alternate date, time, location or route. This alternate, to the extent practicable, shall authorize a public assembly that will have comparable public visibility, and a similar route, location and date to that of the proposed public assembly. An applicant desiring to accept the alternate public assembly shall, within five business days after notice of the action by the commissioner, file a written notice of acceptance with the commissioner.

   (c)   Any public assembly organizer who wishes to appeal the commissioner's decision regarding an alternate date, time, location or route may appeal by notifying the department of administrative hearings of the person's intent to appeal, as follows:

      (1)   If the notification was received in sufficient time that the appeals process could be completed before the planned date of the public assembly, the person shall file an appeal with the department of administrative hearings within five business days of the date of notice of the commissioner's decision. If no appeal is filed within five business days of the date notice of the commissioner's decision is given, that decision shall be deemed final.

   Upon the filing of such appeal, the department of administrative hearings shall cause a hearing to be held within five business days and based upon the evidence contained in the record of such hearing, either affirm or reverse the decision of the commissioner.

   Any final decision of the department of administrative hearings shall be subject to judicial review in accordance with applicable law.

   In the event that the department of administrative hearings fails to act within two business days of the conclusion of a hearing held under this section, the public assembly shall be allowed as to date, time, location and route as set forth in the notice filed with the commissioner.

      (2)   If there is not sufficient time to file the appeal in accordance with the procedure set forth in this subsection, the decision by the commissioner shall be deemed a final decision subject to judicial review in accordance with applicable law. Upon request, the commissioner will provide the public assembly organizer or person required to give notice of the public assembly a copy of the commissioner's written notice issued pursuant to subsection (b)(2).

   (d)   In order to protect the health and safety of the public, if at any time during the occurrence of the public assembly, the public assembly is substantially interfering with pedestrian traffic, safe ingress to or egress from buildings, or access by emergency responders, in the area contiguous to the activity, members of the police department are authorized to establish a pedestrian pathway on the sidewalk for the purpose of pedestrian traffic, ingress to or egress from surrounding buildings, and access for emergency responders; provided that the pedestrian pathway shall be reasonable in size and allow use of the remaining sidewalk by the participants in the public assembly. After that portion of the sidewalk has been established as a pedestrian pathway and communicated to the participants, the participants shall not obstruct pedestrian traffic, ingress to or egress from the surrounding buildings, or access by emergency responders, in the pedestrian pathway.

   (e)   In order to minimize the interference with vehicular traffic and to otherwise protect the participants and the public, in those cases where the attendance at the public assembly exceeds the anticipated levels and causes the public assembly to interfere with vehicular traffic or requires a street closing or otherwise requires authorized city employees to stop or reroute vehicular traffic because the public assembly will not be able to comply with usual traffic regulations or controls, members of the police department are authorized to make reasonable accommodations to increase the portion of the public way available to the public assembly. After that portion of the public way available to the participants is identified and communicated to the participants, the participants shall not use any other portion of the public way outside the boundaries identified by the police.

   Nothing in this subsection shall be deemed as waiving the requirement for a parade permit pursuant to Section 10-8-330, if required.

   (f)   The commissioner is authorized to promulgate rules and regulations to implement this section.

   (g)   It shall be unlawful for any person to knowingly interfere with any person or organization lawfully conducting a public assembly.

   (h)   Any person violating any provision of this section, or any regulations promulgated hereunder, shall be fined not less than $200.00 nor more than $1,000.00, or may be subject to incarceration for up to 10 days, or both.

(Added Coun. J. 1-18-12, p. 19230, § 5)

10-8-335 Outdoor special events.

   (a)   As used in this section unless the context requires otherwise:

      (1)   "Special event" means a planned temporary aggregation of attractions, including public entertainment, food and beverage service facilities, an independent farmers markets within the meaning of Section 10-8-331(b)(1), sales of souvenirs or other merchandise, or similar attractions, that is:

         (i)   conducted on the public way, including outdoor public enjoyment areas developed pursuant to Section 2-102-030; or

         (ii)   conducted primarily outdoors on property open to the public other than the public way and which:

            (A)   Includes activities that require the issuance of a City temporary food establishment license or a special event liquor license; or

            (B)   Requires special City services, including but not limited to any of the following: street closures; provisions of barricades, garbage cans, stages or special no parking signs; special electrical services; or special police protection.

      "Special event" does not include a parade or athletic event for which a permit is required under Sections 10-8-330 or 10-8-332, or a farmers market licensed under Chapter 4-12 of this Code or an independent farmers market requiring a market registration pursuant to Section 10-8-331(b)(2), or a neighborhood block party at which no food, beverages or merchandise is sold, or a citywide festival conducted pursuant to an intergovernmental agreement authorized by ordinance.

      (2)   "Department" means the Department of Cultural Affairs and Special Events.

      (3)   "Sponsor of the event" means the entity who is conducting the special event or in whose name or for whose support the proposed special event will be presented.

      (4)   "Portable audiovisual rigging" means the temporary installation or operation of portable mechanical rigging and static rigging for the overhead suspension of portable audiovisual equipment, including, but not limited to: audio, video, lighting, backdrops, scenery, and other effects at a special event. Portable audiovisual rigging does not include freight handling or the transportation of heavy equipment.

      (5)   The term "public way" has the meaning ascribed to that term in Section 1-4-090(F), and, in addition, shall include the harbor as defined in Section 10-40-010.

   (b)   No person shall conduct a special event unless the sponsor of the event obtains a special event permit from the Department.

   (c)   Unless the special event is to be conducted in January or February or is submitted pursuant to an online submission process authorized by the Department, applications for a permit under this section must be filed in the calendar year in which the event is to take place. If the event is to take place in January or February, the application must be filed no earlier than one year prior to the event. Except as otherwise provided in paragraph (6) of this subsection (c), each application submitted by the sponsor of an outdoor special event shall be accompanied by a nonrefundable processing fee of:

      (1)   $100.00, if the application is submitted more than sixty days prior to the event;

      (2)   $200.00, if the application is submitted between fifty-nine and forty-five days prior to the event;

      (3)   $500.00, if the application is submitted between forty-four and thirty-seven days prior to the event;

      (4)   $1,000.00, if the application is submitted between thirty-six and twenty-nine days prior to the event; and

      (5)   $2,000.00, if the application is submitted between twenty-eight and twenty-one prior to the event.

      (6)   If the special event is an independent farmers market, the applicable permit fee otherwise required under this subsection (c) shall be waived in its entirety. Provided, however, that such waiver shall not include any applicable fees required to be paid pursuant to subsection (d) or (p) of this section or any other section of this Code.

   No application for a special event permit shall be accepted less than twenty-one days prior to the special event.

   The application shall include the following information:

      (1)   the name and address of the sponsor of the event, and the name, address and telephone number of an authorized and responsible agent of the organization;

      (2)   a description of the special event that will be conducted;

      (3)   the dates, times and location of the special event, including any requests for street closures, and a site plan;

      (4)   the estimated attendance for the special event;

      (5)   whether food, alcoholic beverages or merchandise will be sold at the event;

      (6)   whether music will be played at the event and if so, whether such music will be electronically amplified. If electronically amplified music will be played, the applicant shall also submit an appropriate plan for the control of sound at the event;

      (7)   plans for event security, including the number, hours and location of deployment of personnel and equipment that will be provided by the applicant and what special city services, if any, the special event will require;

      (8)   the proof of insurance and agreement to indemnify, defend and hold harmless required by subsections (m) and (n), respectively;

      (9)   the number of all food vendors; alcoholic beverage vendors; and/or itinerant merchants who will be participating in the special event;

      (10)   such other information that may be reasonably necessary to determine compliance with this Code.

   All information provided on the application shall be complete and truthful. If, prior to the event, the sponsor of the event changes any of the information required by subsection (c) that would necessitate additional city services or would require approval from any city department, the sponsor of the event must submit an amended application to the Department no later than 45 days prior to the date the event is scheduled to begin.

   (d)   The Department shall promptly send copies of all applications for a special event permit to the following alderman and departments, for the purpose of obtaining input on the factors set forth in (e):

      (1)   the Department of Business Affairs and Consumer Protection;

      (2)   the Department of Police;

      (3)   the Fire Department;

      (4)   the Department of Streets and Sanitation;

      (5)   the Department of Transportation;

      (6)   the Department of Public Health;

      (7)   the Office of Emergency Management and Communications; and

      (8)   the alderman of the ward where the special event will take place. The Department shall provide an electronic method for the alderman to inform the Department that he or she received a copy of the application and to permit the alderman to communicate any input on the factors set forth in subsection (e) to the Department. The Department shall make reasonable efforts to confirm receipt of the aldermanic notification within 7 days of the application.

   If any of the above-listed alderman or departments have any information that the proposed special event does not meet the standards set forth in subsection (e), written objections must be sent to the Department within 20 days or the Department will presume there are no aldermanic or departmental objections.

   Within 20 days of receipt of the application, the Police Department commander of special events shall review the applicant's security plan, including provisions made for private security personnel and for handling emergencies, and shall determine whether the applicant has planned for and provided sufficient personnel and equipment to protect public safety at the event or whether the city will need to provide additional city police and traffic control personnel and equipment. The determination of the need for additional city police services shall be based on the expected pedestrian and vehicular traffic and congestion, considering the following factors: estimated attendance, density of area, size of area, number of street closures and affected intersections. If the commander of special events determines that the city will be required to provide more than 12 shifts of any combination of police officers and traffic control aides, then he or she shall calculate the estimated hourly cost for the personnel required for the event, and shall charge the applicant for such services in excess of 12 shifts; provided that, the charge to the applicant shall exclude any personnel hours related to any anticipated or actual crowd reaction to the message of the event or the identity of the sponsoring organization.

   The applicant shall post a bond to cover or, at the applicant's option shall prepay, the total amount of the required chargeable city services which has been estimated by the Police Department, prior to issuance of a special event permit. Within 20 business days after the end of the event, the Department shall calculate the actual city costs owed under this section, obtain such costs from the bond, if a bond was provided, or remit any overpayment if prepayment was made, and shall provide to the sponsor an itemized statement of such costs.

   (e)   The Department will issue a permit for the special event, or a conditional permit pursuant to subsection (f), if, after considering any relevant written recommendations or objections of the appropriate alderman and city departments, it determines that:

      (1)   The applicant has complied with all of the requirements of this Code and any rules or regulations promulgated thereunder;

      (2)   The sponsor of the event has not been found guilty of four or more violations at the same event during that year or the previous year and has not been found guilty of six or more violations within a 180 day period;

      (3)   The proposed special event will not substantially or unnecessarily interfere with traffic in the area;

      (3-A)   The proposed special event will not substantially or unnecessarily interfere with any publicly managed infrastructure project;

      (4)   There are available at the time of the special event a sufficient number of peace officers to police and protect lawful participants in the event;

      (5)   The concentration of persons or things at the event will not prevent proper fire and police protection or ambulance service;

      (6)   The event is not being conducted for an unlawful purpose;

      (7)   The event will not subject the surrounding neighborhood to an unreasonable degree of noise, littering or parking difficulties in light of the character of the neighborhood;

      (8)   The event will not conflict with a parade, carnival, or other event which has been previously scheduled; and

      (9)   The special event will not require city services that cannot be reasonably made available.

   (f)   The Department shall inform an applicant for a special event permit whether the application is approved or disapproved within 35 business days after the application and any amendments are received by the Department. If the Department approves the application, it shall either (1) issue a conditional special event permit until all necessary licenses are issued, required plans approved, fees paid, and costs prepaid or bonds posted; or (2) if all necessary licenses have been issued, required plans approved, fees paid, and costs prepaid or bonds posted, issue a special events permit. If the Department disapproves the application, it shall provide written notice of its action within such time, stating the specific facts and conclusions that are the basis for his denial of the permit. If the Department fails to act within 35 business days after the date upon which the application and any amendments were received by the Department, the application shall be approved and the permit deemed granted in conformance with the application.

   If the permit is for a special event that will require the closing of a street, the applicant shall pay an additional fee of $100.00 per block per day if the street closure is in the Central Business District as described in Section 9-4-010, or $50.00 per block per day in the rest of the City for each day the street will be closed. This fee does not apply to neighborhood block parties.

   For the purposes of this section, "block" means both sides of the part of a street that lies between two or more intersecting streets, as the term "street" is defined in section 9-4-010 of this Code, up to the crosswalk bordering the intersection.

   (g)   Except as otherwise provided in this subsection, preference among conflicting applications for special event permits shall be given to the application filed earliest. However, during the first ten business days of each calendar year, the Department shall accept applications without giving preference to applications filed earliest. Any conflict among applications filed during that period shall be resolved by a lottery to be conducted by the Department.

   The Department shall notify each such applicant in writing of the existence of the conflict and of the date, place and time of the lottery. Within seven days after the lottery, the applicants not chosen may submit alternative preferences to the Department. Any conflicts arising among the alternative preferences shall be resolved in accordance with the lottery procedures set forth in this section.

   (h)   No later than 20 days prior to the date the event is scheduled to begin, the sponsor of the event shall submit all applications for any necessary licenses, including alcoholic beverage, food and/or pop-up retail user licenses, to the Department. The Department shall forward the license applications to all appropriate departments. The departments shall review such license applications and either issue such licenses, or issue a written denial stating the reasons therefor, within ten days of receipt of the license application. If the Department previously has issued a conditional permit, then within five days after the appropriate licenses have been issued and are received by the Department, and all required plans approved, fees paid, and costs prepaid or bonds posted, or sooner if the event will occur sooner and doing so is reasonably practicable, the Department shall issue the special event permit. If no conditional permit has been issued, then the procedure set forth in subsection (f) shall apply.

   (i)   Except as otherwise provided in this subsection (i), no permit issued under this section may authorize the operation of a special event for a period longer than ten days. Provided, however, that a permit issued under this section may authorize the operation of a special event for up to 180 calendar days: (i) on an outdoor public enjoyment area developed pursuant to Section 2-102-030; or (ii) if the event is an independent farmers market within the meaning of Section 10-8-331(b)(1).

   (j)   For any violation of the special event permit or the rules and regulations promulgated under this section, including the failure to amend the permit pursuant to subsection (c), the sponsor of the event shall be fined not less than $200.00 nor more than $1,000.00 for each violation. If the sponsor of the event is found guilty of four or more violations at the same event or six or more violations within a 180-day period, no new special event permits shall be issued to the sponsor of the event for the remainder of the year of that event and for the following calendar year.

   (k)   The sponsor of the event shall have a representative present at all times during the event who shall be responsible for ensuring compliance with all applicable ordinances and regulations and for accepting all notices of violations and closure orders.

   (l)   The Department may at any time revoke a special event permit if the operation of the event is in violation of this Code or any other applicable law, or if such revocation is necessary to preserve the health or safety of the public. Written notice of the revocation with the reasons therefor shall be mailed to or served upon the sponsor of the event at the time of revocation. Unless the permit will expire by its own terms before a hearing can be reasonably scheduled, no such revocation will take effect until the sponsor of the event has been given notice and an opportunity to be heard in accordance with rules and regulations issued by the Department. When necessary to prevent an immediate threat to the health or safety of the public, the Department shall order the sponsor of the event to cease operation of the special event pending the outcome of the hearing. For any violation of the special event permit or the rules and regulations promulgated under this section which endangers the health or safety of the public, no new special event permits shall be issued to the sponsor of the event for the remainder of the year of that event and for the following calendar year.

   (m)   No permit shall be issued until the applicant has supplied to the Department proof of insurance evidencing commercial general liability insurance, with limits of not less than $1,000,000.00 per occurrence for bodily injury, personal injury and property damage, naming the city as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the permittee's operations.

   Each insurance policy required by this subsection shall include a provision to the effect that it shall not be subject to cancellation, reduction in the amounts of its liabilities, or other material changes until notice thereof has been received in writing by the Office of Risk Management and the Department not less than 60 days prior to such action.

   Each applicant shall maintain the insurance required by this subsection in full force and effect for the duration of the permit period. Failure of the sponsor of the event to maintain such insurance during the periods indicated above shall result in automatic expiration of the permit. For the purposes of this subsection, the permit shall include the time required for construction and removal of all materials and equipment provided for the conduct of the special event until the public way has been cleared and restored as provided in subsection (o).

   (n)   In addition to the requirements stated above, and apart from and separate from any insurance requirement under this section, the applicant shall agree in writing to indemnify, defend and hold the City of Chicago and its assignees and employees harmless from all losses, damages, injuries, claims, demands and expenses arising out of the operation of the special event or the condition, maintenance and use of public property.

   (o)   During the conduct of the special event, the sponsor of the event shall keep the public way clean and free from paper, debris, or refuse, and upon termination of the permit by lapse of time or otherwise, the sponsor of the event shall remove all materials and equipment and clean the street. If the public way has been damaged, the sponsor of the event shall repair and restore it to the condition it was in prior to the special event.

   (p)   Whenever a special permit requires the closure of a street, a clear path of not less than ten feet must be maintained at all times to provide for the passage of emergency vehicles.

   (q)   The sponsor of the event shall be responsible for ensuring that each vendor participating in the event obtains the proper licenses. In the event that an unlicensed or improperly licensed vendor is found at the event, the sponsor of the event shall be fined pursuant to subsection (j) for each unlicensed or improperly licensed vendor. This shall be in addition to any fines and/or penalties which may be issued to the individual vendor.

   (r)   No person may perform, or employ, direct or allow a person to perform portable audiovisual rigging unless the person performing such work holds a valid rigger's certification issued by the Entertainment Technician Certification Program. Any application form for a special event under this Section shall notify the applicant that all audiovisual rigging at the special event may only be performed by a person holding a valid rigger's certification issued by the Entertainment Technician Certification Program.

   (s)   In addition to any other appropriate department, the Department is authorized to inspect the special event and may issue citations for any violation of this Code or any regulations pertaining to the operation of the special event, except for provisions currently enforced by the Department of Public Health.

   (t)   Any action of the Department in denying or revoking a permit under this article shall be subject to judicial review as provided by law.

   (u)   The Commissioner of Cultural Affairs and Special Events, after consultation with other appropriate departments, shall have the authority to promulgate such rules and regulations that he determines are necessary or desirable for the implementation of this section. The rules and regulations need not be published in a newspaper, but shall be made available for inspection by the public at no charge.

(Added Coun. J. 6-17-92, p. 18286; Amend Coun. J. 7-30-97, p. 50122; Amend Coun. J. 2-11-04, p. 18380, § 1; Amend Coun. J. 12-15-04, p. 39840, § 1; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 5-9-07, p. 105047, § 16; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 11-17-10, p. 106597, Art. VII, § 3; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun, J, 11-16-11, p. 13798, Art. VIII, § 3; Amend Coun. J. 1-18-12, p. 19230, § 5; Amend Coun. J. 11-8-12, p. 38872, § 182; Amend Coun. J. 5-6-15, p. 108095, § 1; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 28; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 29; Amend Coun. J. 11-16-16, p. 38042, Art. VII, § 1; Amend Coun. J. 5-24-17, p. 49763, § 1; Amend Coun. J. 9-20-18, p. 84293, § 21; Amend Coun. J. 10-16-19, p. 7341, § 2; Amend Coun. J. 1-15-20, p. 13044, § 1; Amend Coun. J. 6-25-21, p. 32064, § 3; Amend Coun. J. 2-23-22, p. 45096, § 1)

10-8-337 Film production permit.

   (a)   Definitions. As used in this section, unless the context indicates otherwise:

   "Chicago Film Office" means the Chicago Film Office of the Chicago Department of Cultural Affairs and Special Events.

   "CDOT Commissioner" means the Commissioner of the Chicago Department of Transportation or the Commissioner’s designee.

   "Department" means the Chicago Department of Transportation.

   "DCASE Commissioner" means the Commissioner of the Chicago Department of Cultural Affairs and Special Events or the Commissioner’s designee.

   "Film production event" means any filming that requires: (1) the exclusive use of City streets, sidewalks or other portions of the public way for the staging of vehicles, equipment or crew personnel; or (2) special City services, including but not limited to: (i) street closures, (ii) barricades, garbage cans, stages, or special "no parking" signs, (iii) special electrical services, or (iv) special police protection; or (3) special effects, pyrotechnics, stunts, rigging or similar activities regulated under this Code or requiring permits or similar approvals from other City departments. The term "film production event" does not include filming on the public way that does not obstruct or block the public way.

   (b)   Unlawful acts. No person shall conduct a film production event without first: (i) filing a City Services Request Form with the Chicago Film Office, and (ii) obtaining a Film Production Permit from the Chicago Department of Transportation. No person shall exceed the scope of any permit issued under this section.

   (c)   City services request form. The City Services Request Form required under this section shall be in the form and manner prescribed by the Chicago Film Office, and shall contain the following information about the film production event: (1) event type; (2) filming dates; (3) project title; (4) company name; (5) company address; (6) company contact information; (7) project description; (8) location, number, date and time of any requested street closures; (9) nature and number of any requested City services or police personnel; (10) date, time and reporting location of any requested tow trucks; (11) name and cell phone number of the company’s on-site contact person; (12) whether any special effects, stunts, rigging or pyrotechnics will be used in connection with the film production event; and (13) any other information that the Chicago Film Office may reasonably require. Upon receipt of a completed City Services Request Form, the Chicago Film Office shall: (i) review the request identified in the Form to determine its feasibility and potential impact on the public way, public health and public safety; and (ii) notify the Department of Transportation of its findings.

   (d)   Film production permit – Processes and fees.

      (1)   Application. The application for a Film Production Permit under this section shall be in the form and manner prescribed by the CDOT Commissioner, and shall contain the following information: (i) event name, if applicable; (ii) type of event; (iii) start and end date of the event; (iv) description of the event; (v) emergency contact information; (vi) filming information; (vii) location information; (viii) whether any interruption of vehicular traffic is necessary; (ix) service request information; (x) proof of insurance, as required under subsection (e) of this section; (xi) indemnification agreement, as required under subsection (f) of this section; and (xii) any other information that the CDOT Commissioner may reasonably require.

      (2)   Permit issuance – Prohibited when. A permit under this section may be denied if the CDOT Commissioner, in consultation with the Chicago Film Office, determines that: (i) the date, place, time or manner of filming of the film production event will have an adverse impact on the public way or on the public health or safety; and (ii) no feasible alternative date, place, time or manner of filming exists capable of mitigating such adverse impact.

      (3)   Permit fee – Fee for City services. The fee for a film production permit, which shall be paid at the time the permit is issued, shall be $250.00; provided, however, that a $25.00 permit fee shall be assessed if the filmed event: (i) is produced by students or school administrators as part of a classroom project; or (ii) is produced by a not-for-profit corporation for educational or institutional purposes; or (iii) qualifies for, and has been approved by the DCASE Commissioner for participation in, the Chicago Film Office’s Independent Film Initiative program; or (iv) is substantially smaller in scope, budget, crew size, and need for City services than the majority of film production events permitted by the City, requires significantly less time and fewer City staff to process for permit issuance, and requires no or minimal city services to produce. Any costs accrued by the permittee for City services in connection with the permitted event shall be in addition to the permit fee required under this subsection.

   (e)   Insurance – Required. The applicant for a Film Production Permit shall provide proof of insurance evidencing commercial general liability insurance, with limits of not less than $1,000,000.00 per occurrence for bodily injury, personal injury and property damage, naming the City as additional insured on a primary non-contributory basis for any liability arising directly or indirectly from the permittee’s operations.

   Each insurance policy required under this subsection shall include a provision stating that the policy shall not be subject to cancellation, reduction in the amount of its liabilities, or other material changes until notice thereof has been received in writing by the City’s Office of Risk Management, Chicago Film Office and Department prior to such action.

   The insurance required under this subsection shall be maintained in full force and effect for the duration of the permit period. Any violation of this subsection shall result in automatic revocation of the permit.

   For purposes of this subsection, the duration of the permit period shall include the time required for construction and removal of all materials and equipment provided for the conduct of the permitted event until the public way has been cleared and restored to the condition it was in prior to the permitted event.

   In the case of requests for City services that involve the hiring of police and fire personnel, proof of workman’s compensation insurance shall also be required.

   (f)   Indemnification – Required. Apart from and separate from any insurance required under subsection (e) of this section, the applicant for a Film Production Permit under this section shall agree in writing to indemnify, defend and hold the City of Chicago and it assignees and employees harmless from all losses, damages, injuries, claims, demands and expensing arising out of the operation of the permitted event on the condition, maintenance and use of the public way or other public property.

   (g)   Permit revocation. The Department may at any time revoke a film production permit if the operation of the film production event is in violation of this Code or any other applicable law, or if such revocation is necessary to preserve the health or safety of the public. Written notice of the revocation with the reasons therefor shall be mailed to or served upon the permittee or the permittee’s agent at the time of revocation. Unless the permit will expire by its own terms before a hearing can be reasonably scheduled, no such revocation will take effect until the permittee or his agent has been given notice and an opportunity to be heard in accordance with rules issued by the Department. When necessary to prevent an immediate threat to the health or safety of the public, the Department shall order the permittee to cease operation of the film production event pending the outcome of the hearing.

   (h)   Judicial review. Any action of the Department in denying or revoking a permit under this section shall be subject to judicial review as provided by law.

   (i)   Rules. The DCASE Commissioner and Chicago Film Office, following consultation with one another, may jointly or separately promulgate rules necessary or desirable to implement this section.

   (j)   Penalty for violation. In addition to any other penalty provided by law, any person who violates this section shall be fined not less than $500.00 nor more than $2,500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

(Added Coun. J. 11-14-18, p. 90376, Art. VII, § 2)

10-8-340 Donation of promotional decorative lightpole banners and decorations.

   a.   The commissioner of transportation may accept donations of decorative banners or other decorations designed to be placed on lightpoles. Such donations may be permanent or for a limited amount of time. The city may use its lightpoles to display donated banners, or any other city-owned or controlled banners, that the commissioner determines will promote or celebrate the city, its civic institutions, or public activities or events in the City of Chicago and that he or she finds otherwise will promote the corporate interests and welfare of the City of Chicago.

   b.   The commissioner of transportation may delegate the authority to hang and remove decorative banners or other decorations. Such authority may be delegated by issuance of a permit to a permit applicant and shall be limited to a period of 60 days, except that for the central business district, approval shall be limited to a period of 30 days. Upon application, permits may be renewed for additional such periods in the discretion of the commissioner. No permit shall be renewed where another entity has requested that its donated banner or other decoration be hung at such location or during such time period or where an event referred to in the donated banner is over; except that the commissioner shall have the discretion to determine that in certain commercial areas, the corporate interests and welfare of the City of Chicago are best served by neighborhood identifier banners or other banners that promote the City of Chicago or certain streets or districts of interest, and renewal of permits for such banners may be given precedence over other requests.

   The commissioner shall give notice, by facsimile to the ward office, of all permit applications to the alderman in the ward in which permission to have the banner or other decoration displayed has been requested. The alderman shall have ten business days to give the commissioner, in writing, any specific objections to the locations, dates, and number of the proposed displays, and if the proposed location is in a residential neighborhood, his or her opinion on whether banners or other decorations are suitable in that area.

   For purposes of this section, "central business district" shall mean that portion of the city bounded on the west by the east and west side of Halsted Street, on the north by the north and south sides of Division Street, on the east by Lake Michigan, and on the south by the north and south sides of Roosevelt Road.

   Any person or entity who hangs a banner or other decoration on a city lightpole without first obtaining approval from the commissioner, or who violates any condition of the commissioner's approval, shall be fined $100.00 per pole, per day.

   No donated banner or other decoration may be hung unless the donor hires a professional company to hang and remove the banners or other decoration. Banners, brackets and hardware must be taken down within 48 hours after the expiration of the permit approving the hanging of the donated banner or other decoration, or within less time upon notice from the commissioner. Any banner company which fails to remove a donated banner or other decoration within such time period shall be fined $100.00 per pole, per day, and shall be liable to the city for the cost of removing such banner or other decoration. In addition, any banner company shall be liable to the city for the cost of repair of any damage to city lightpoles caused by the hanging, presence or removal of any banner or other decoration placed by such company.

   c.   No professional banner company may hang any banner or other decoration on any city lightpole until it has furnished the commissioner with proof of insurance, which must evidence that the company has procured commercial general liability insurance with limits of not less than $1,000,000.00 per occurrence for bodily injury, personal injury, and property damage, which shall cover any damage caused by the hanging, maintenance or removal of the banners or other decoration on city lightpoles. The City of Chicago shall be named as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the permittee's operations. Upon receipt of proof of insurance, the commissioner shall transmit a copy of such proof to the department of finance risk manager.

   d.   In addition to the requirements stated above, the donor shall indemnify, defend and hold the city, and its officers, agents, assignees and employees, harmless from any and all claims arising out of the placement of, maintenance of, use of or removal of banners or other decoration, including without limitation any claims relating to banners (or structures upon which they are hung) falling on people or property.

   e.   The commissioner of transportation shall promulgate rules and regulations governing the display of banners or other decoration to protect public safety and welfare, including ensuring against fire hazards, traffic problems, and visual blight. Such rules shall include, but are not limited to specifications as to the number, size, materials, printing processes, supporting structures, and hanging and removal. The commissioner shall have the authority, however, to waive specific rules when (1) the banner or other decoration substantially complies with the rules; (2) prior to the enactment of this ordinance, the donor previously had displayed such banner on city lightpoles, pursuant to the commissioner's permission; and (3) the commissioner determines that the waiver will not have any adverse effect on public safety and welfare. The commissioner also shall have the authority to determine that the display of decorative banners is unsuitable in certain residential areas.

   f.   Each ward superintendent, and such other employees of the department of transportation as the commissioner of transportation shall designate, shall have the powers of members of the police force to serve process or notice within the city for the violation of this section. A copy of such designation, and any amendments thereto, shall be kept by said commissioner and shall be available to the public upon request. The powers granted hereunder are expressly limited to the service of such process or notice, and this subsection shall not be construed as granting additional law enforcement power.

(Added Coun. J. 11-7-90, p. 23101; Amend Coun. J. 7-31-96, p. 26980, § 2; Amend Coun. J. 5-17-00, p. 32989, § 1; Amend Coun. J. 4-14-10, p. 88490, § 1; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 29; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 30)

Editor's note – Coun. J. 11-7-90, p. 23101, repealed a former § 10-8-340, which pertained to circus and menagerie parades.