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(a) No permit for installment or erection of a refuse compactor or grease container on the public way shall be issued unless the applicant provides proof to the commissioner that the applicant has commercial general liability insurance for bodily injury, personal injury and property damage, naming the City of Chicago as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the permittee's operations and for any loss, claim, casualty or liability arising from the erection, maintenance or use of the refuse compactor. The insurance shall be in an amount determined by the city comptroller, office of risk management, to be sufficient to cover all such liabilities, and shall not be subject to cancellation except upon 30 days' advance written notice to the commissioner. The insurance shall commence from the erection of the refuse compactor and shall remain in effect as long as the refuse compactor or grease container remains on the public way.
(b) As an additional condition, apart from and separate from any insurance requirement under this section, to the issuance of the permit, the owner of the building(s) or structure(s) served by a refuse compactor or grease container located on the public way shall indemnify, defend and hold the City of Chicago, its agents, officers and employees harmless from all losses, damages, injuries, claims, demands and expenses arising out of the erection, maintenance and use of the refuse compactor or grease container.
(Added Coun. J. 7-7-99, p. 6985, § 2; Amend Coun. J. 11-8-12, p. 38872, § 188; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 38; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 37)
The commissioner of streets and sanitation shall revoke the refuse compactor or grease container public way permit issued to any person who erects or maintains the refuse compactor or grease container in violation of the terms of the permit or of any provision of this municipal code. Before revoking the permit, the commissioner shall notify the permit holder in writing of the nature of the charged violation, of the commissioner's intent to revoke the permit and of the permit holder's opportunity for a hearing on the charge. The notice shall be given either by first class mail or by personal service. Within 15 days after the mailing of the notice, the permit holder may submit a written request for a hearing. Upon receipt of a timely request for a hearing, the commissioner shall institute an action with the department of administrative hearings. Administrative hearings for the adjudication of permit revocations issued pursuant to this section shall be conducted by the department of administrative hearings in accordance with Chapter 2-14 of this Code.
(Added Coun. J. 7-7-99, p. 6985, § 2)
In addition to the revocation procedure described in Section 10-28-795, a person found guilty of erecting or maintaining a refuse compactor or grease container on the public way without a permit or in violation of this section shall be subject to a fine of not less than $200.00 and not more than $500.00 for each offense, as well as attorney's fees and costs of prosecution. Each day that a violation shall continue shall constitute a separate and distinct offense. The owner of a refuse compactor or grease container erected or maintained in violation of this chapter may be notified by the department of streets and sanitation to remove the container within 24 hours of such notification or shall be subject to removal by the city at the owner's expense. Such violation(s) shall also be reported to the department of health for appropriate action.
(Added Coun. J. 7-7-99, p. 6985, § 2)
The provisions of this article are severable. If any section, clause, provision, portion or application of those sections is determined by any court to be invalid for any reason, the validity of the remaining sections, clauses, provisions or portions of those sections, and their application to other circumstances, shall not be affected thereby. It is the intention of the city council that this article would have been enacted by the city council regardless of the invalid sections, clauses, provisions, portions or applications of those sections.
(Added Coun. J. 7-7-99, p. 6985, § 2)
ARTICLE XI-C. DUMPSTERS/ROLL OFF BOXES ON THE PUBLIC WAY* (10-28-799 et seq.)
* Editor's note – Coun. J. 11-1-00, p. 43330, § 4, provided that the provisions of this article were effective July 1, 2001. In addition, § 1 of that journal added such provisions as Art. XI-C, § 10-28-899. In order to maintain the sequence of articles, the provisions have been included herein as Art. XI-C, § 10-28-799 at the discretion of the editor.
(A) Definitions. For purposes of this section, the following terms shall have the following meanings:
(1) (a) "Dumpster" shall mean any container used for the storage, collection, or removal of construction debris, demolition debris, or other discarded material but shall not include a refuse compactor or grease container, as defined in Section 10-28-791 of the Code, and shall also not include the refuse containers described in Section 7-28-210 of the Code.
(b) "Class A Dumpster" shall mean a dumpster with a capacity of 30 cubic yards or less.
(c) "Class B Dumpster" shall mean a dumpster with a capacity of greater than 30 cubic yards.
(2) "Graffiti" shall mean an inscription, drawing, mark or design that is painted, sprayed or otherwise placed on or in a dumpster without the consent of the provider.
(3) "Provider" shall mean the person who leases or otherwise provides a dumpster for temporary use at the location requested.
(B) Permit required. It shall be unlawful for any provider to place or maintain a dumpster on the public way unless such provider shall first obtain a dumpster permit. The department of transportation shall send by facsimile transmission a copy of the dumpster permit to the ward superintendent of the affected ward. A provider obtaining a valid dumpster permit pursuant to this section shall not be required to also obtain the permit required under Article V-A of Chapter 10-28 of the Code for such dumpster.
(C) Application. An application for a dumpster permit shall be made to the commissioner of transportation by the provider. In addition to such other information as the commissioner and the commissioner may require, the applicant shall state:
(1) The name, address and telephone number of the provider of the dumpster(s).
(2) The number of dumpster(s) intended to occupy the permitted location.
(3) The class of the dumpster(s) to be provided.
(4) The street address adjacent to where the dumpster(s) will be located.
(5) The intended use of the dumpster(s).
(6) The intended period of occupancy of the dumpster(s).
During the term of the permit, in the event the permit holder seeks to provide a larger class of dumpster than specified in the dumpster permit, or extend the time of occupancy beyond the time specified in the dumpster permit, application must be made to the commissioner of transportation for an amendment to the permit, and the appropriate adjustment to the permit fee must be submitted. Any change to item (2), (4) or (5) above will require application for and issuance of a new dumpster permit. Provided, however, that if the change to item (4) is necessitated by the presence of a fire hydrant or other object preventing legal placement of the dumpster at the street address for which initial application is made, an amendment to the permit will be acceptable, for no additional fee.
(D) Insurance. No dumpster permit shall be issued until the applicant for such permit shall first have presented to the commissioner of transportation proof of commercial general liability insurance against any liability, loss or claim arising out of the issuance of dumpster permits, or out of the placement, presence, use, maintenance or removal of the dumpsters. Such insurance shall: (1) be issued by an insurer authorized to insure in Illinois, (2) be in an amount no less than $1,000,000.00 per occurrence for bodily injury, personal injury and property damage, (3) name the City of Chicago, its officers, employees and agents as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the permittee's operations, (4) provide for 30 days' written notice to the commissioner of transportation prior to any lapse, cancellation or change in coverage, and (5) be maintained in full force and effect at all times that the dumpster remains on the public way.
(E) Security. No dumpster permit shall be issued until the applicant for such permit shall first have provided to the commissioner of transportation a letter of credit in the amount of $5,000.00 to ensure compliance with the provisions of this section and the permits issued thereunder, including payment of any costs, fees and fines and proper restoration of the public way upon removal of the dumpsters. The form of such letter of credit shall be set forth by regulation and shall be subject to the approval of the corporation counsel. The commissioner of transportation shall provide at least 30 days written notice to the permittee, specifying the conditions or circumstances to be corrected, before drawing on a permittee's letter of credit.
(F) Alternative form of indemnity, protection or security. In lieu of and apart from any insurance requirement under this section, upon good cause shown, the commissioner of transportation, in his or her discretion, may require, instead of such insurance and letter of credit, any alternative form of indemnity, protection or security that the commissioner deems necessary to accomplish the above described purposes and that would indemnify, defend and hold the city, and its officers, agents and employees, harmless from any and all claims arising or related to the placement of the dumpster or the permittee's operations.
(G) Permit fee. An application for a dumpster permit shall include the permit application fee set by the Commissioner. Beginning January 1, 2021, and each year on January 1st thereafter, this permit application fee shall automatically be increased in proportion to any increase in the CPI, as defined in Section 10-29-040, up to 2.5 percent in any one year, or in an amount that the Commissioner determines is supported by the costs associated with administering such permit. The Commissioner shall ensure such permit fee is published on publicly accessible website. A permittee shall also be responsible for additional charges above the cost of the permit application fee as described in this section. The permit fee for each dumpster permitted pursuant to this section shall be as follows:
(1) (a) For the placement of each class A dumpster not to exceed three days, $50.00.
(b) For the placement of each class B dumpster not to exceed three days, $100.00.
(2) (a) For the placement of each class A dumpster exceeding three days, a monthly fee of $100.00.
(b) For the placement of each class B dumpster exceeding three days, a monthly fee of $200.00.
(3) The fee for placement of each dumpster within the Central Business District, as that area is delineated in Section 9-4-010 of the Code, shall be twice the amount set forth in subsections (1) and (2) above.
(4) Fees for removal and replacement and/or disabling of parking meters provided for by Section 9-68-050 of the Code, as applicable.
(H) Dumpster identification. It shall be the duty of the provider to paint or otherwise permanently affix on each dumpster: (1) the name and telephone number of the provider according to the following standards: the letters and numerals shall be a minimum of three inches in height, shall be clearly legible from a distance of 30 feet, and shall be painted or otherwise affixed on both long sides of the dumpster, 12 inches down from the top or lip, and 12 inches from the corner, and (2) a unique identification number for the dumpster.
(I) Location. No dumpster may be placed in any of the following locations:
(1) Within 40 feet of any bus stop.
(2) On any arterial street between November 1 and April 1, if the department of transportation has provided notice of a Phase 3 snow emergency by facsimile transmission to the provider and has provided a 12-hour period from the time of transmission to remove such dumpster.
(3) Within ten feet of any parking space designated for persons with disabilities.
(4) Within ten feet of any pedestrian crosswalk.
(5) Within ten feet of any intersection.
(6) Within 20 feet of any fire hydrant.
(7) On any parkway or sidewalk, unless the dumpster provider demonstrates to the satisfaction of the commissioner of transportation that an alternative location is not feasible and that placement of the dumpster(s) on such parkway or sidewalk would not create a safety hazard, disrupt pedestrian or vehicular traffic, or damage public or private property.
(J) Placement, appearance and maintenance of dumpster. It shall be the responsibility of the provider:
(1) Upon delivery, to place the dumpster immediately adjacent to the property identified by the street address stated on the permit application.
(2) Upon delivery, to provide the dumpster free of graffiti.
(3) Within three business days of receiving notification via facsimile transmission from the department of transportation, to remove graffiti from the dumpster(s) identified in the notification.
(4) To maintain the dumpster free of gaps or holes so as to prevent the spillage of materials from the dumpster onto the public way.
(5) To affix and maintain, on each of the four corners of the dumpster, high-intensity retro- reflective sheeting, or other retro-reflective or prismatic material or substance approved by the department of transportation, a minimum of three feet in length, and two inches in width along each side of the corner.
(6) When transporting or otherwise moving a dumpster, to ensure that no portion of the load is falling, sifting, blowing, dropping or in any way escaping from the dumpster. The provider shall use a tarpaulin or other appropriate cover to secure the top of a dumpster while in transit.
(K) Penalties.
(1) Any person violating subsection (B) of this section shall be subject to a fine of not less than $250.00 nor more than $1,500.00 for each offense. Provided, however, that any person violating subsection (B) of this section within the Central Business District, as that area is delineated in Section 9-4-010 of the Code, shall be subject to a fine of not less than $500.00 nor more than $3,000.00 for each offense.
(2) Any person violating any provision other than subsection (B) of this section shall be subject to a fine of not less than $50.00 nor more than $1,000.00 for each offense. Provided, however, that any person violating any provision other than subsection (B) of this section within the Central Business District, as that area is delineated in Section 9-4-010 of the Code, shall be subject to a fine of not less than $100.00 nor more than $2,000.00 for each offense.
(3) Each day that a violation is permitted to exist shall constitute a separate offense. In addition, any dumpster in the public way not bearing the dumpster identification information required by subsection (H) of this section, not validly permitted, or not located immediately adjacent to the street address specified in the permit may be removed by the city, and all costs associated with such removal shall be borne by the provider of the dumpster. The owner of a dumpster, if different from a provider, shall be jointly and severally liable with the provider for any violation of this section.
(4) In addition to any other available penalties and remedies provided for in the Code, one or more citations for violation of this section on each of three or more separate days within a three month period at the same construction site may result in a stop work order issued by the department of transportation, directing that all activity cease for ten days. Any further citation for violation at the same construction site within six months after the initial stop work order may result in the issuance of another ten-day stop work order. The department shall lift a ten-day stop work order only if sufficient evidence of compliance with this chapter is provided to the department. As used in this section, the term "construction site" has the meaning ascribed to the term in Section 7-28-800.
(a) It shall be unlawful for any person to knowingly violate a stop work order, or to knowingly cause, permit, encourage, assist, aid, abet or direct another person to violate a stop work order, or to knowingly in any manner be a party to a violation of a stop work order.
Any person who violates this subsection upon conviction shall be punished, as follows:
(i) incarceration for a term not less than three days, nor more than six months, under the procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code, as amended, and the Illinois Code of Criminal Procedure of 1963, as amended; and
(ii) community service of not less than 10 hours, nor more than 100 hours; and
(iii) a fine of $5,000.
(b) It shall be unlawful for any person to knowingly destroy, deface, remove, damage, impair, mar, cover or obstruct any stop work order that a city official has posted or affixed at a work site.
Any person who violates this subsection upon conviction shall be punished, as follows:
(i) incarceration for a term not less than three days, nor more than six months, under the procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code, as amended, and the Illinois Code of Criminal Procedure of 1963, as amended; and
(ii) community service of not less than 10 hours, nor more than 100 hours; and
(iii) a fine not less than $200.00, nor more than $500.00.
(L) Public way use permit not required. Any dumpster on the public way authorized pursuant to this section shall not require the issuance of a public way use permit pursuant to Section 10-28-010.
(Added Coun. J. 11-1-00, p. 43330, § 1; Amend Coun. J. 12-15-04, p. 40435, § 2; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1; Amend Coun. J. 1-13-10, p. 83228, § 1; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 39; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 38; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 97; Amend Coun. J. 11-26-19, p. 11514, Art. II, § 3)
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