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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
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10-28-860 Promulgation of regulations; force and effect.
   (A)   The commissioner is authorized to promulgate regulations to carry out the purposes of this article, including without limitation regulations governing:
      (1)   The location, arrangement and design of sidewalk cafés to ensure the flow of pedestrian traffic, the safety of pedestrians and auto traffic, the access to buildings and transportation facilities, the prevention of an excessive number of cafés, and the best service to the public;
      (2)   The size, design and other specifications for tables and serving equipment to be used by operators, and the design of enclosures or partial enclosures;
      (3)   The types of food and beverages that may be served at sidewalk cafés;
      (4)   The time periods during which application can be made for a sidewalk café permit;
      (5)   Landscaping and other aesthetic components of the sidewalk café; and
      (6)   Any other matter pertaining to this article.
   (B)   A permittee shall comply with the regulations promulgated pursuant to this article, which shall have the force and effect of law.
(Added Coun. J. 3-15-00, p. 27687, § 4; Amend Coun. J. 3-9-11, p. 113789, § 1)
10-28-865 Hearings.
   The commissioner may hold formal and informal hearings prior to the promulgation of rules and regulations as the commissioner deems necessary. All such hearings shall be open to the public.
(Added Coun. J. 3-15-00, p. 27687, § 4; Amend Coun. J. 3-9-11, p. 113789, § 1)
10-28-870 Enforcement.
   (A)   The commissioner or his designee is authorized to take such action as necessary to enforce the provisions of this article, including conducting on- site inspections of sidewalk cafés associated retail food establishments to determine compliance with the permitting and other requirements of this article and regulations promulgated hereunder.
   (B)   Upon request by the commissioner or his designee, the operator of a sidewalk café shall provide for inspection the documents required by this article to operate a sidewalk café, including the sidewalk café permit, the plan for the sidewalk café, and proof of insurance.
   (C)   Any sidewalk café for which a permit is required by this article, and which has failed to obtain such permit, may be closed by the commissioner or his designee until such permit is procured. Upon being notified of closure, all sidewalk café activity must cease, and all obstructions in the public way, including boundaries, tables and chairs, must be removed.
   (D)   Any sidewalk café for which a permit is in effect under this article may be temporarily closed by the commissioner or his designee, if the café has been issued notices of violation on three different days during the permit period, each of which pertains to a significant breach of public safety. Non-limiting examples include: (i) café footprint or café-related objects or equipment on property beyond plan specifications, (ii) a missing or incomplete barrier, or (iii) signs, serving tray stands or other objects in the public way. Upon being subjected to a temporary closure, the permittee may provide to the commissioner evidence that the objectionable conditions have been fully remedied. Such temporary closure shall remain in effect until the commissioner is satisfied that the violations have been properly remedied and will not reoccur.
(Added Coun. J. 3-15-00, p. 27687, § 4; Amend Coun. J. 3-9-11, p. 113789, § 1; Amend Coun. J. 6-17-15, p. 1342, § 1)
10-28-875 Violation – Penalties.
   (A)   Any person who violates any of the provisions of this article or regulations promulgated hereunder shall be subject to a fine of not less than $200.00 nor more than $500.00 for each offense, and each day such a violation continues shall be deemed a separate and distinct offense.
   (B)   In addition to the above fine, and any person who knowingly interferes with or impedes the commissioner or his designee in the enforcement of this article shall be subject to arrest by a duly authorized peace officer of the department and imprisonment for a term not to exceed six months under the procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code and under the provisions of the Illinois Code of Criminal Procedure,
   (C)   Any sidewalk café in operation without a valid sidewalk café permit or subject to Section 10-28-870(D) is subject to removal from the public way by the commissioner or his designee. The provisions of Section 10-28-010(i) of the code shall apply to the removal of any portion of a sidewalk café, from the public way, whether for unpermitted operation or for obstruction of public way; provided, however, that the amount of the fine for a violation shall be as set forth in this section.
(Added Coun. J. 3-15-00, p. 27687, § 4; Amend Coun. J. 3-9-11, p. 113789, § 1; Amend Coun. J. 11-8-12, p. 38872, § 190; Amend Coun. J. 6-17-15, p. 1342, § 1)
10-28-880 Violation – Permit revocation.
   In addition to fines and other penalties as provided for herein, three or more violations of any provision of this article or regulations promulgated hereunder within a permit period shall subject the permittee to revocation of the sidewalk café permit by the commissioner.
(Added Coun. J. 3-15-00, p. 27687, § 4; Amend Coun. J. 3-9-11, p. 113789, § 1)
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