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Municipal Code of Chicago
MUNICIPAL CODE OF CHICAGO
TITLE 1 GENERAL PROVISIONS
TITLE 2 CITY GOVERNMENT AND ADMINISTRATION
TITLE 3 REVENUE AND FINANCE
TITLE 4 BUSINESSES, OCCUPATIONS AND CONSUMER PROTECTION
TITLE 5 HOUSING AND ECONOMIC DEVELOPMENT
TITLE 6 HUMAN RIGHTS*
TITLE 7 HEALTH AND SAFETY
TITLE 8 OFFENSES AFFECTING PUBLIC PEACE, MORALS AND WELFARE
TITLE 9 VEHICLES, TRAFFIC AND RAIL TRANSPORTATION
TITLE 10 STREETS, PUBLIC WAYS, PARKS, AIRPORTS AND HARBORS
CHAPTER 10-4 ARRANGEMENT OF CITY STREETS
CHAPTER 10-8 USE OF PUBLIC WAYS AND PLACES
CHAPTER 10-12 STREET IMPROVEMENTS
CHAPTER 10-14 COMPLETE STREETS
CHAPTER 10-16 UNDERGROUND WORK
CHAPTER 10-20 WORK ON AND UNDER PUBLIC WAYS
CHAPTER 10-21 CHICAGO UNDERGROUND FACILITIES DAMAGE PREVENTION ORDINANCE
CHAPTER 10-24 SIGNS EXTENDING OVER AND UPON CERTAIN PUBLIC PROPERTY
CHAPTER 10-28 STRUCTURES ON AND UNDER PUBLIC WAYS
ARTICLE I. GENERAL REQUIREMENTS (10-28-010 et seq.)
ARTICLE II. CARTS BELONGING TO RETAIL STORES (10-28-080 et seq.)
ARTICLE II-A. RESERVED* (10-28-121 et seq.)
ARTICLE III. NEWSPAPER STANDS (10-28-130 et seq.)
ARTICLE IV. CANOPIES AND MARQUEES (10-28-200 et seq.)
ARTICLE IV-A. PLACEMENT OF PAY TELEPHONES IN PUBLIC WAY (10-28-265 et seq.)
ARTICLE V. AWNINGS (10-28-270 et seq.)
ARTICLE V-A. OBSTRUCTION OF STREETS, SIDEWALKS AND PUBLIC PLACES FOR CONSTRUCTION AND BUILDING MAINTENANCE PURPOSES (10-28-281 et seq.)
ARTICLE V-B. PROTECTION OF THE PUBLIC WAY AND PUBLIC PLACES (10-28-281.6 et seq.)
ARTICLE V-C. CONSTRUCTION CANOPIES (10-28-282 et seq.)
ARTICLE VI. LAMPPOSTS AND LAMPS (10-28-290 et seq.)
ARTICLE VII. SIDEWALK SIGNS* (10-28-360 et seq.)
ARTICLE VIII. LAWN SPRINKLING SYSTEMS IN PUBLIC PARKWAYS (10-28-440 et seq.)
ARTICLE IX. USE OF SUBSIDEWALK SPACE (10-28-450 et seq.)
ARTICLE X. OUTDOOR DINING STREET* (10-28-590 et seq.)
ARTICLE XI. BENCHES ON PUBLIC WAYS* (10-28-640 et seq.)
ARTICLE XI-A. NEWSRACKS (10-28-750 et seq.)
ARTICLE XI-B. REFUSE COMPACTORS/GREASE CONTAINERS* (10-28-791 et seq.)
ARTICLE XI-C. DUMPSTERS/ROLL OFF BOXES ON THE PUBLIC WAY* (10-28-799 et seq.)
ARTICLE XII. SIDEWALK CAFES (10-28-800 et seq.)
ARTICLE XIII. VIOLATION OF CHAPTER PROVISIONS (10-28-990 et seq.)
ARTICLE XIV. RESERVED (10-28-1000 et seq.)
CHAPTER 10-29 WIRES, PIPES, CABLES AND CONDUITS ON, UNDER OR OVER PUBLIC PROPERTY
CHAPTER 10-30 TELECOMMUNICATIONS EQUIPMENT ON, OVER OR UNDER PUBLIC WAYS
CHAPTER 10-32 TREES, PLANTS AND SHRUBS
CHAPTER 10-36 PARKS, PLAYGROUNDS AND AIRPORTS
CHAPTER 10-40 CHICAGO HARBOR
TITLE 11 UTILITIES AND ENVIRONMENTAL PROTECTION
TITLE 12 RESERVED
TITLE 13 BUILDINGS AND CONSTRUCTION
TITLE 14 RESERVED*
TITLE 14A ADMINISTRATIVE PROVISIONS OF THE CHICAGO CONSTRUCTION CODES*
TITLE 14B BUILDING CODE*
TITLE 14C CONVEYANCE DEVICE CODE*
TITLE 14E ELECTRICAL CODE*
TITLE 14F FIRE PREVENTION CODE*
TITLE 14G FUEL GAS CODE*
TITLE 14M MECHANICAL CODE*
TITLE 14N 2022 ENERGY TRANSFORMATION CODE*
TITLE 14P PLUMBING CODE*
TITLE 14R BUILDING REHABILITATION CODE*
TITLE 14X MINIMUM REQUIREMENTS FOR EXISTING BUILDINGS*
TITLE 15 FIRE PREVENTION
TITLE 16 LAND USE
TITLE 17 CHICAGO ZONING ORDINANCE
TITLE 18 BUILDING INFRASTRUCTURE
APPENDIX TO THE MUNICIPAL CODE OF CHICAGO (RESERVED)*
TABLES
Chicago Zoning Ordinance and Land Use Ordinance
CHAPTER 10-28
STRUCTURES ON AND UNDER PUBLIC WAYS
Article I. General Requirements
10-28-010   Permission required.
10-28-015   Public way use permits – Application and issuance.
10-28-017   Public way use permit – Fees.
10-28-020   Reserved.
10-28-030   Unlawful to place ice or snow on public way.
10-28-040   Building upon public ways.
10-28-045   Installation of street furniture.
10-28-046   Installation of city digital signs.
10-28-050   Maintenance of stands.
10-28-060   A produce stand on the public way program.
10-28-064   Signs prohibited in the public way.
10-28-066   Reserved.
10-28-070   Storage of goods on public ways.
10-28-075   Fences and landscape elements in a parkway – Requirements.
Article II. Carts Belonging to Retail Stores
10-28-080   Abandonment of shopping carts prohibited.
10-28-090   Removal from premises prohibited.
10-28-100   Ordinance to be posted.
10-28-110   Violation – Penalty.
10-28-120   Police enforcement.
Article II-A. Reserved
Article III. Newspaper Stands
10-28-130   Permit required.
10-28-135   Expiration of permit.
10-28-140   Permit provisions.
10-28-150   Application for permit.
10-28-160   Notice to alderman.
10-28-165   Permit fee – Renewal.
10-28-170   Construction and maintenance.
10-28-180   Limitation on use.
10-28-185   Erection – Location.
10-28-190   Revocation of permit.
10-28-191   Enforcement authority.
10-28-192   Severability.
10-28-194   Reserved.
10-28-196   Reserved.
Article IV. Canopies and Marquees
10-28-200   Reserved.
10-28-210   Reserved.
10-28-220   Reserved.
10-28-230   Reserved.
10-28-240   Canopies and marquees – Conditions of permit and construction – Clearance.
10-28-250   Reserved.
10-28-260   Reserved.
Article IV-A. Placement of Pay Telephones in Public Way
10-28-265   Placement of pay telephones in public way.
Article V. Awnings
10-28-270   Reserved.
10-28-280   Awnings construction – Maintenance.
Article V-A. Obstruction of Streets, Sidewalks and Public Places
for Construction and Building Maintenance Purposes
10-28-281   Definitions.
10-28-281.1   Public protection measures.
10-28-281.2   Permit required.
10-28-281.3   Permit fees.
10-28-281.4   Prohibited uses of traffic and curb lanes.
10-28-281.5   Penalties.
Article V-B. Protection of the Public Way and Public Places
10-28-281.6   Protection required.
10-28-281.7   Fences and barricades.
10-28-281.8   Aprons.
Article V-C. Construction Canopies
10-28-282   Submission of plans.
10-28-283   General requirements.
10-28-284   Closure of sidewalks and bicycle lanes.
10-28-285   Sidewalks – Damage deposit required.
10-28-286   Violation – Penalty.
Article VI. Lampposts and Lamps
10-28-290   Erection of lamppost.
10-28-300   Acceptance of posts.
10-28-310   Removal of streetlamps.
10-28-320   Shadings of streetlamps.
10-28-330   Lighting or extinguishing lamps.
10-28-340   Injuring or obstructing lampposts and lamps.
10-28-350   Violation – Penalty.
Article VII. Sidewalk Signs
10-28-360   Definitions.
10-28-365   Permit required for sidewalk sign.
10-28-375   Permit application.
10-28-380   Insurance required.
10-28-385   Review of application and issuance.
10-28-390   Denial of application or renewal application.
10-28-395   Operational conditions.
10-28-400   Exemption.
10-28-405   Promulgation of rules.
10-28-410   Enforcement.
10-28-415   Permit revocation.
10-28-420   Surrender of decal.
10-28-425   Violation – Penalties.
Article VIII. Lawn Sprinkling Systems in Public Parkways
10-28-440   Permit required.
Article IX. Use of Subsidewalk Space
10-28-450   Permit required.
10-28-460   Reserved.
10-28-470   Reserved.
10-28-480   Interference with sewers or water pipes.
10-28-490   Reserved.
10-28-500   Conveyance of premises.
10-28-510   Cancellation of previous permit.
10-28-520   Covers over openings.
10-28-530   Structural safety.
10-28-540   Care of sidewalks.
10-28-550   Cesspool and explosives under sidewalk.
10-28-560   Liability for damages.
10-28-570   Revocation of permits.
10-28-575   Vault space.
10-28-580   Reserved.
Article X. Outdoor Dining Street
10-28-590   Outdoor dining program with street closure.
10-28-591   Permit application procedure.
10-28-592   Insurance required.
10-28-593   Review of application.
10-28-594   Compliance with plan and other components of application.
10-28-595   Permit – Assignment or transfer prohibited.
10-28-596   Permit for food and alcoholic beverage service only.
10-28-597   Operational conditions.
10-28-598   Alcoholic beverage service – Requirements.
10-28-599   Promulgation of rules; force and effect.
10-28-610   Enforcement.
10-28-611   Violation – Penalties.
Article XI. Benches on Public Ways
10-28-640   Definitions.
10-28-650   Permitted when – Contract awards.
10-28-660   Permit – Application – Conditions.
10-28-670   Location.
10-28-675   Restricted zones – Designated.
10-28-680   Standards and specifications.
10-28-690   Adoption of orders, rules and regulations.
10-28-700   Removal of benches.
10-28-710   Benches without advertising – Benches prohibited when.
10-28-720   Illegal benches – Removal and storage fee – Disposal – Notice.
10-28-730   Termination of contract.
10-28-740   Violation – Penalty.
Article XI-A. Newsracks
10-28-750   Definitions.
10-28-755   Newsracks permitted on public ways.
10-28-760   Newsracks – Installation; maintenance.
10-28-765   Newsracks weighted for stability and safety.
10-28-770   Coin slots; height requirements; etc.
10-28-775   Advertising signs on newsracks prohibited.
10-28-781   Multiple newsrack area.
10-28-785   Notice of violations.
10-28-790   Penalty for violation.
Article XI-B. Refuse Compactors/Grease Containers
10-28-791   Defined.
10-28-792   Permit required.
10-28-793   Permit – Application.
10-28-794   Permit – Liability insurance.
10-28-795   Revocation of permit.
10-28-796   Violation – Penalty.
10-28-797   Severability.
10-28-798   Enforcement authority.
Article XI-C. Dumpsters/Roll Off Boxes on the Public Way
10-28-799   Dumpsters/roll off boxes on the public way.
Article XII. Sidewalk Cafes
10-28-800   Definitions.
10-28-805   Permit required for sidewalk café.
10-28-810   Permit application and approval procedure.
10-28-815   Insurance required.
10-28-820   Review of application.
10-28-825   Compliance with plan and other components of application.
10-28-830   Permit – Assignment or transfer prohibited.
10-28-835   Permit for one retail food establishment only.
10-28-840   Permit for food and alcoholic beverage service only.
10-28-845   Operational conditions.
10-28-846   Extension in front of neighboring property.
10-28-850   Alcoholic beverage service – Requirements.
10-28-855   Compliance with code and rules and regulations required.
10-28-860   Promulgation of regulations; force and effect.
10-28-865   Hearings.
10-28-870   Enforcement.
10-28-875   Violation – Penalties.
10-28-880   Violation – Permit revocation.
10-28-885   Severability.
Article XIII. Violation of Chapter Provisions
10-28-990   Violation – Penalty.
Article XIV. Reserved
10-28-1000   Reserved.
10-28-1010   Reserved.
10-28-1020   Reserved.
10-28-1030   Reserved.
10-28-1040   Reserved.
10-28-1050   Reserved.
10-28-1060   Reserved.
10-28-1070   Reserved.
10-28-1080   Reserved.
10-28-1090   Reserved.
10-28-1100   Reserved.
10-28-1110   Reserved.
10-28-1120   Reserved.
10-28-1130   Reserved.
10-28-1140   Reserved.
10-28-1150   Reserved.
10-28-1160   Reserved.
ARTICLE I. GENERAL REQUIREMENTS (10-28-010 et seq.)
10-28-010 Permission required.
   (a)   For purposes of Sections 10-28-010 through 10-28-020, and as used in Sections 10-28-046 and 10-29-020, the following definitions apply:
   "City digital sign" has the same meaning ascribed to that term in Section 17-17-0234.5.
   "Commissioner" means the Commissioner of Business Affairs and Consumer Protection or the Commissioner's designee.
   "Department" means the Department of Business Affairs and Consumer Protection.
   "Kiosk" means a free standing, permanent structure erected as an accessory to a building, and used to provide information concerning the building and its occupants.
   "Public Way" has the same meaning ascribed to that term in Section 1-4-090 and also includes any other public place.
   "Public Way Use" means any structure, device or other article on, over or under the public way for which a permit is required pursuant to this section.
   "Public Way Use Permit" or "Permit" means a permit issued for use of the public way.
   "Sign(s)" has the same meaning ascribed to that term in Section 13-20-510.
   "Subsidewalk Space" means the space underneath the surface of any public way.
   "Subsidewalk Space Use" means the use of any subsidewalk space, or the construction or maintenance of any structure thereunder, or disturbing the sidewalk on the public way, for the purpose of constructing or maintaining any vault or structure thereunder, or any coalhole, trapdoor or other opening therein or thereon.
   (b)   Unless otherwise authorized by this Code, it shall be unlawful for any person to construct, install, or maintain any of the following on, under, or above the public way without a public way use permit:
      (1)   a canopy, as that term is defined in Section 17-17-0233;
      (2)   a marquee, as that term is defined in Section 17-17-0295;
      (3)   an awning, as that term is defined in Section 17-17-0215;
      (4)   a bay window;
      (5)   a bridge;
      (6)   a kiosk;
      (7)   a clock or post at the curb, or a clock attached outside the face of any building;
      (8)   a loading platform, switch track or pushcart track;
      (9)   subsidewalk space use;
      (10)   a bench that does not contain advertisements, slogans, or messages; or
      (11)   any other structure or device, including a sign, except for a City digital sign, that is on, over, or under the public way.
   (c)   Prior to the installation of any wire, pipe, cable or conduit on, under or over the surface of any public way pursuant to a permit issued under Section 10-29-020, a public way use permit shall also be required to maintain such wire, pipe, cable or conduit under, on or over the public way.
   (d)   No person shall place a vehicle-weighing scale on the public way; provided that this provision shall not apply to any unit of federal, state or local government.
   (e)   Nothing in this section shall authorize any person to make an opening in, or construct or repair any pavement in the public way unless such person holds a public way work license if such a license is required by Chapter 10-20 of this Code.
   (f)   Provided, however, no permit required by subsection (b) shall be required to construct or maintain (i) parking meters and signs by a person, or the person's designee, acting pursuant to a concession agreement approved by the City Council governing the operation, maintenance, improvement, installation and removal of and the collection of fees from, certain designated parking meters, or (ii) City digital signs by a person, or the person's designee, acting pursuant to a coordinated City digital sign program agreement approved by the City Council governing the operation, maintenance, improvement, installation and removal of such City digital signs.
   (g)   No permit shall be issued for the maintenance of any canopy or marquee attached to any building which extends over any boulevard, street or other public way taken over from the Chicago Park District by the City of Chicago by virtue of the Chicago Park and City Exchange of Functions Act, 70 ILCS 1545/0.01, et seq.; and provided that the Building Commissioner may issue a permit for the construction and temporary use of a canvas canopy or awning for a particular event requiring its use over such boulevards, streets, and public ways.
   (h)   Any person violating any of the provisions of this section shall be fined not less than $25.00 nor more than $200.00 for each offense. A separate and distinct offense shall be held to have been committed each day any person continues to violate this section or fails or refuses to cause the removal of such unauthorized structure within such time as may be fixed by the Commissioner, not exceeding 30 days, after notice in writing for such removal has been served upon the owner or person maintaining any such public way use. In addition to any penalty provided herein, after such notice by the Commissioner, the person, at his or her own expense, shall restore the public way, including any space underneath the surface of any public way, under the supervision and to the satisfaction of the Commissioner of Transportation. If the person fails to restore the public way, or fails to restore the public way, including any subsidewalk space, to the satisfaction of the Commissioner of Transportation, the City may restore the public way and charge the cost to the person.
   (i)   Notwithstanding subsection (h) of this section, the Commissioner is hereby authorized to order any item or thing whatsoever which may encumber or obstruct any public way, public landing, wharf or pier to be removed. If such item or thing shall not be removed within six hours after notice to the owner or person in charge to remove the same, or if the owner cannot be readily found for the purpose of such notice, the Commissioner of Transportation, the Executive Director of Emergency Management and Communications or the Commissioner of Streets and Sanitation shall cause the item to be removed to some suitable place, to be designated by the said department head. The owner of any item removed shall be subject to a penalty of not more than $10.00, in addition to the costs of such removal.
   Any item removed in accordance with this section, if of sufficient value to more than pay the expenses thereof, shall be advertised by the Commissioner for sale for ten days in a newspaper of general circulation and, after expiration of that time, shall be sold by the Department to the highest bidder; provided where there is no bidder for any such article, the Commissioner shall dispose of such article in the most cost-efficient manner; provided further that the owner may reclaim such article if the owner notifies the Commissioner in writing and pays the penalty and costs to remove such article prior to the expiration of the time for sale of such item. The proceeds of such sale shall be paid into the City treasury and the balance, if any, after deducting the penalty and costs, shall be paid to any person furnishing satisfactory proof of ownership.
   (j)   The issuance of a public way use permit does not authorize or permit the installation, erection, maintenance or enlargement of a sign, canopy, marquee, awning, or bay window without a valid permit issued by the Department of Buildings.
   (k)   The Commissioner may promulgate rules for the administration and enforcement of public way use permits. Any person violating any such rule shall be subject to the fines prescribed in this section.
(Prior code § 34-1; Amend Coun. J. 12-15-99, p. 21529, § 6; Amend Coun. J. 5-9-07, p. 105047, § 17; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 12-4-08, p. 50506, § 14; Amend Coun. J. 1-13-10, p. 83228, § 1; Amend Coun. J. 11-8-12, p. 38872, § 184; Amend Coun. J. 12-12-12, p. 44485, § 7; Amend Coun. J. 11-14-18, p. 90308, Art. III, § 1; Amend Coun. J. 7-21-21, p. 34179, Art. VII, § 2)
10-28-015 Public way use permits – Application and issuance.
   (a)   Except as otherwise expressly provided for in this Chapter, an application for a public way use permit shall be made to the Department and shall include the following:
      (1)   the applicant's name and address, and the name and address of the property owner;
      (2)   a detailed drawing indicating the location of all public way uses on, over or under the public way for which a permit is required;
      (3)   proof of the required insurance;
      (4)   proof of the building's age if the building was constructed in or prior to 1922;
      (5)   the application fee, if applicable; and
      (6)   any other information reasonably required by the Commissioner.
   (b)   The Commissioner shall forward a copy of an application for subsidewalk space use to the Commissioner of Transportation within three days after receipt of the application. No public way use permit for subsidewalk space use shall be issued unless the Commissioner of Transportation, after reviewing the application, has approved the design of the subsidewalk space use.
   (c)   (1)   If the Commissioner finds that the permit application is complete, the Commissioner shall provide the application to the alderman of the affected ward. The alderman shall provide a recommendation to the Commissioner regarding the application within 30 days of receiving it, unless the Commissioner determines that good cause exists for a reasonable extension, not to exceed 30 days. The recommendation regarding the application shall be based upon the alderman's analysis of the factors laid out in the following paragraph of this subsection (c)(1). Such recommendation shall not be unreasonably withheld. The Commissioner shall issue the public way use permit to the applicant if the Commissioner finds that the applicant meets the applicable requirements and the alderman's recommendation is that the permit application should be approved. If the Commissioner finds that the applicant does not meet the applicable requirements, the Commissioner shall deny the application and shall notify the unsuccessful applicant in writing of the denial within ten business days after the denial. If the Commissioner finds that the applicant meets the applicable requirements, but the alderman recommends that the permit application should be denied, the applicant, with the assistance of the Department of Business Affairs and Consumer Protection, may submit for City Council consideration an applicant-sponsored ordinance granting approval of a public way permit.
   A public way use permit shall be denied or revoked if: (i) the granting of the public way use is not in the best interest of the public, would have a deleterious impact on the neighborhood, or would create a nuisance either on the public way or in the surrounding area; (ii) the design of, or materials used in, the public way use does not comport with the quality or character of the existing streetscape; (iii) the use interferes with or impedes the flow of pedestrian or vehicular traffic, or ingress or egress from any surrounding building, the use of any pole, traffic signs or signals, hydrants, mailboxes or other objects located near the location of the proposed use; or (iv) the applicant makes any false statements, submits any false information or misrepresents any information required under this section.
      (2)   Administrative appeal process. Upon denial by the Commissioner of an application made under this section, the Commissioner shall notify the applicant, in writing, of such fact and of the basis for the denial. Such notice shall include a statement informing the applicant that the applicant may, within 10 calendar days of the date on which the notice was sent, request, in a form and manner prescribed by the Commissioner in rules, a hearing before the Commissioner to contest the denial. The notice shall also advise the applicant that the applicant is entitled to present to the Commissioner any document, including affidavits, related to the Commissioner's determination of denial. If requested, a hearing before the Commissioner shall be commenced within 10 business days of receipt of such request. Within 60 calendar days of completion of the hearing, the Commissioner shall either affirm or reverse such determination based upon the evidence presented. The Commissioner's decision shall be final and may be appealed in the manner provided by law. If an applicant fails to request a hearing within the prescribed time, or requests a hearing but fails to appear at such hearing, the application shall be deemed denied. Upon entry of a final order of denial, the Commissioner shall notify the applicant in writing of such fact. Public way use permit revocations and rescissions shall follow the same process set forth in this subparagraph.
   (d)   The term of a public way use permit shall be for five years. The annual fee for the first year shall be due at the issuance of the permit and the remaining annual fees shall be paid, as provided for in rules and regulations; provided that the proof of insurance required as a condition of the permit be submitted annually, as provided for in the rules and regulations.
   (e)   All public way use permits shall be subject to the following:
      (1)   Each public way use and the structures and appliances authorized by the permit shall be maintained and used in accordance with all applicable laws, including the ordinances of the city and the directions of the Commissioner, the Commissioner of Streets and Sanitation, the Building Commissioner, and the Commissioner of Transportation. The permittee shall keep that portion of the public way in, over, under or adjacent to the public way use in good condition and repair, safe for public travel, and free from snow, ice and debris to the satisfaction of the Commissioner of Transportation.
      (2)   Notwithstanding any other provision of this section, if circumstances warrant, the public way permit is subject to amendment, modification or revocation at the discretion of the Mayor or the Commissioner at any time, without cause and without the consent of the permittee. Upon termination of the permit, the permittee, at the permittee's own expense and without cost or expense to the City, shall remove, within 30 days of such termination and without the notice required in Section 10-28-010, the public way use and any structures and appliances authorized by the public way use permit and restore the public way where disturbed by the public way use or by the removal thereof, to a proper condition under the supervision and to the satisfaction of the Commissioner of Transportation.
      (3)   In the event of failure, neglect or refusal of the permittee to perform any of the permittee's obligations, the City may, at its option, either (i) perform such work and charge the cost to said permittee, or (ii) determine what the cost of the work shall be and bill the permittee for the cost, or combine the two methods. Immediately upon receipt of notice of such cost, the permittee shall pay the City such amount.
      (4)   The permittee shall be responsible for and shall pay for the removal, relocation, alteration, repair, maintenance, and restoration of, City-owned structures or appliances located in or adjacent to the public way, including pavement, bridges, subways, tunnels, vaults, sewers, water mains, conduits, pipes, poles and other facilities and utilities, which are necessary or appropriate on account of the permittee's use of the public way. The Commissioner of Transportation is authorized, in the Commissioner's discretion and from time to time during the permittee's use and occupancy of the public way until the restoration of the public way, to determine the work which is or will be necessary or appropriate and the cost involved to perform such work and is authorized to collect a deposit prior to commencing any work and to charge the permittee all actual costs for causing all such work to be performed. The decision of the Commissioner of Transportation shall be final and binding. The permittee, upon receiving written notification from the Commissioner of Transportation of the required deposit or the cost of such work, shall immediately pay or deposit such amount as directed by the Commissioner.
      (5)   The permittee shall furnish to the Department, prior to issuance of the public way use permit, proof of insurance evidencing commercial general liability coverage in an amount not less than $1,000,000.00 per occurrence, covering bodily injury, personal injury and property damage, that may result from issuance of the permit or use of the public way. The insurance shall name the City and its agents and employees as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the permittee's operations and shall also clearly indicate that the public way use being permitted is covered by the insurance policy. Every policy required shall require 30 days' advance notice to the Commissioner prior to cancellation or lapse of the policy. Proof of renewal of such insurance coverage shall be furnished to the Department no later than 30 days prior to the expiration of the policy. The insurance coverage shall be maintained at all times by the permittee until: (i) the public way use authorized by the permit is removed; (ii) the public way is restored to the satisfaction of the Commissioner of Transportation; and (iii) all fees due the City have been paid.
      (6)   Apart from and separate from any insurance requirement under this section, the permittee shall indemnify, defend, keep and save harmless the City, its agents and employees against all claims, liabilities, judgments, costs, damages and other expenses which may in any way arise or accrue against, be charged to or recovered from the City, its agents or employees in consequence of the permission given by the public way use permit, or any act or thing done or omitted or neglected to be done by the permittee, its agents or employees in and about the construction, reconstruction, maintenance, operation, use or removal of the authorized public way uses and structures or appliances thereof, operation or restoration of the public way as required, including those arising from any personal injuries or deaths or damage or destruction of property.
   (f)   The permit shall be valid only to the person to whom it was issued and it shall not be subject to sale, assignment, or transfer, voluntary or involuntary, except upon the approval of the Commissioner.
   (g)   As a condition of the permit, the permittee shall keep all information current. Any change in required information shall be reported to the Department within 30 days after the change.
   (h)   In addition to any other penalties imposed in Section 10-28-010, any person who knowingly makes any false statement, submits any false information or misrepresents any information required under this section shall be subject to Chapter 1-21.
(Added Coun. J. 1-13-10, p. 83228, § 1; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 34; Amend Coun. J. 7-20-16, p. 28911, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 34; Amend Coun. J. 7-21-21, p. 33246, § 1; Amend Coun. J. 7-21-21, p. 34179, Art. VII, § 2; Amend Coun. J. 10-14-21, p. 37484, § 1)
10-28-017 Public way use permit – Fees.
   (a)   (1)   No fee shall be charged for a public way use that is on or above the public way for the following: (i) In the case of a residential building, as that term is defined in Section 17-17-02146, constructed in or before 1922, a public way use that is part of the original construction and is a permanent structure of the building; provided that in the case of a mixed used building, any public way use that solely is for the use or benefit of any commercial or business activity in the building shall pay the fees as provided for in subsection (b); (ii) in the case of a landmark building, any part of the building which is on or over the public way, including a clock or light fixture if the clock or light fixture is part of the landmark designation.
   For purposes of this section, a landmark building shall also include any building, other than a non- contributing building in a landmark district.
      (2)   For any public way use which is below grade level or under the public way or other public place for any building specified in subsection (a)(1) of this section, the fee shall be as set forth in subsection (b).
   (b)   For all other public way uses not specified in subsection (a), the fees shall be as follows:
Type of Public Use
Annual Fee
Type of Public Use
Annual Fee
(1)
balcony, bay window, bollard, permanent smoking management receptacle, door swing, light pole, flag pole, banner
$75.00 each
(2)
sign
$300.00/sign 25 square feet or greater
$100.00/sign less than 25 square feet
(3)
awning, marquee, canopy with or without an on-premise sign
$50.00 for first 25 feet +
$1.00/additional foot
(4)
light fixture
$75.00 for the first fixture plus
$5.00 for each additional fixture
(5)
windscreen, clock, fire escape, manhole
$400.00 each
(6)
barber pole
$10.00
(7)
security camera, bicycle rack, landscaping and its associated structures, portable smoking management receptacle, bench, trash container
No fee
(8)
all other uses will be charged per square foot based on a formula that reflects the value of the land within the surrounding area, as established by the commissioner in rules and regulations; provided that there will be a $400.00 minimum charge for all such uses.
(9)
notwithstanding the above, the total fee for a public way use permit for any combination of signs less than 25 square feet, canopies, awnings, or light fixtures at the same location, shall not exceed $175.00 for all such public way uses.
 
   For purposes of calculating the fee pursuant to this subsection (b), a sign shall not include a Sidewalk Sign, as that term is defined in Section 10-28-360, or an awning, canopy or marquee that contains an on-premise sign, as that term is defined in Section 17-17-02109.
   (c)   A $50.00 application fee shall be charged for any application for a public way use permit for which no public way use fee is charged pursuant to this section.
(Added Coun. J. 1-13-10, p. 83228, § 1; Amend Coun. J. 6-25-21, p. 31925, Art. VIII, § 2; Amend Coun. J. 7-21-21, p. 33246, § 2; Amend Coun. J. 10-14-21, p. 37484, § 2; Amend Coun. J. 11-7-22, p. 55595, Art. VI, § 1)
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