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.

10-8-350 Performance in public ways.

   No person shall engage in any game, sport, amusement, performance or exhibition, or exhibit any machine or show or any animal, or indulge in any acrobatic or gymnastic feats, on any public way in the city, except as provided in Section 10-8-330 and Chapter 4-244.

   Nor shall any person give or cause to be given any performance, show or exhibition of any kind or nature whatsoever in any show window or in or on any premises immediately abutting upon any public way in the city, which is designed or intended to or which in fact does collect, attract or cause to be collected or attracted a sufficient number of persons to interfere with the passage of the public along the public way upon which such show window or premises abut. If said show, performance or exhibition results in the collection or attraction of a sufficient number of persons to interfere with the passage of the public along such public way, any member of the department of police shall have the power and it shall be his duty to enter such premises and cause such show, performance or exhibition to be discontinued forthwith, and to cause any performer, figure, apparatus, or other thing of any kind or nature whatsoever, engaged in or used in or about such show, performance or exhibition, to be removed from such show window or premises forthwith.

   Any person violating any of the provisions of this section or interfering with the enforcement thereof shall be fined not less than $5.00 nor more than $100.00 for each offense.

(Prior code § 36-33; Amend Coun. J. 4-21-99, p. 92524, § 3; Amend Coun. J. 4-14-10, p. 88490, § 1; Amend Coun. J. 1-18-12, p. 19230, § 5; Amend Coun. J. 5-9-12, p. 27485, § 166)

10-8-360 Injury to sidewalk or driveway.

   No person shall break or otherwise injure any sidewalk or driveway except as otherwise provided by this Code. Any person violating the provision of this section shall be fined not less than $50.00 nor more than $500.00, plus the city's costs incurred in restoring the sidewalk or driveway to its prior condition, for each offense.

(Prior code § 36-35; Amend Coun. J. 12-4-02, p. 99931, § 7.2)

10-8-370 Alleys, access to construction-sites.

   (a)   Any industrial corporation, business, builder or contractor using unimproved alleys for access to construction-sites, employing vehicles or equipment weighing in excess of five tons shall during the period of construction maintain the grade of said alley and shall fill in any holes or depressions caused by the construction equipment, with a material known as intermediate macadam.

   (b)   The said industrial corporation, business, builder or contractor shall immediately upon completion of construction restore the alley roadway to the same condition it was prior to the start of said construction. The rehabilitation and restoration of said alley roadway shall be done under the supervision of the department of streets and sanitation of the City of Chicago.

   (c)   The general contractor shall be responsible for the removal from the building site any excess from the excavation immediately upon completion of the back fill operation.

   (d)   Violators of any of the provisions of the foregoing sections shall be fined not less than $50.00 and not more than $500.00.

(Prior code § 36-35.1)

10-8-380 Defacing property in public places.

   No person shall wantonly mar, injure, deface or destroy any fence, guidepost, sign, or awning in any public way or other public place in the city.

(Prior code § 36-36; Amend Coun. J. 4-30-14, p. 80382, § 2)

10-8-390 Obstructing public improvements.

   Any person who shall hinder or obstruct the making or repairing of any public improvement or work ordered by the city council or being done for the city under lawful authority shall be subject to a penalty of not less than $10.00 nor more than $100.00.

(Prior code § 36-37)