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.