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(a) For purposes of this section the following definitions apply:
"Commissioner" means the Commissioner of Cultural Affairs and Special Events.
"Millennium Park" or "Park" means the 24.5-acre park bounded by Michigan Avenue on the west, Randolph Street on the north, Columbus Drive on the east, and Monroe Street on the south; provided that the sidewalks on these streets are not included as part of the Park. Millennium Park shall also include the entire BP Bridge that spans Columbus Drive and extends into Grant Park; provided that the parking facilities located at Millennium Park, including, but not limited to, the Monroe East Garage, shall not be considered part of the Park for purposes of this definition.
(b) The Commissioner, following consultation with the Commissioner of Fleet and Facility Management, may adopt and enforce rules for health, safety, and protection of the facilities and patrons of the Park, which may include, but not be limited to, defining the hours of operation, and prohibiting or regulating activities that may unreasonably disrupt pedestrian traffic flow or the quiet enjoyment of Park resources. The Commissioner may post signs in the Park setting forth the rules and directional signs.
(c) The Commissioner, following consultation with the Commissioner of Fleet and Facility Management, is authorized to negotiate and enter into, subject to the approval of the City Council, and after publicly soliciting requests for proposals or qualifications, concession agreements for food, beverages, goods, and services within the Park.
(d) The Commissioner is authorized to enter into use agreements for the temporary use of space and facilities in the Park. The Commissioner shall only enter into use agreements that the Commissioner determines enhance and are consistent with the unique nature of the Park, but in no event shall the Commissioner discriminate on the basis of race, national origin, religion, partisan political affiliation, or viewpoint of the applicant seeking a use agreement, or on any other basis prohibited by the Constitution of the United States or the State of Illinois.
The term of any use agreement shall not exceed 14 days, nor shall the use agreement be for the purpose of sponsoring an event, or for the sale of food, beverages, goods, or services; provided that notwithstanding this provision or the provision of subsection (c) of this section, a use agreement may provide for the sale of food, beverages, goods, or services that meet the following criteria:
(1) the food, beverages, goods, or services must be connected to or promote the event itself, including but not limited to, the sale of flowers by the vendor during a flower show, or the sale of t-shirts or compact disks by the vendor during a concert;
(2) the sale of the food, beverages, goods, or services is incidental to the primary purpose of the use agreement;
(3) the food, beverages, goods, or services must not endanger the public health and safety; and
(4) the sale of foods, beverages, goods, and services must not conflict with any contractual obligations of the City.
The fees and conditions for use agreements shall be determined by the Commissioner giving consideration to the size and nature of the space, the duration of the event, and the unique nature of the Park.
The Commissioner may adopt and enforce rules consistent with this section for the awarding of such use agreements.
(e) The Commissioner is authorized to accept grants of funds, services, and of other tangible and intangible assets pertaining to the Park, and in connection with the acceptance of such funds, services, and assets, the Commissioner is authorized to enter into and execute such ancillary agreements on behalf of the City as may be necessary or appropriate, which agreements may include indemnification by the City and right of entry.
(f) The Commissioner is authorized to enter into and execute agreements for up to three years, and extend the agreements for up to two years with persons, including but without limitation, commercial or other business sponsors or media sponsors, for the sponsorship of events in Millennium Park. The terms and conditions of the agreements shall be determined by the Commissioner, giving consideration to the duration and extent of the sponsorship and the nature of the event sponsored. In those sponsorship agreements entered into directly with a sponsor, in which the sponsor's participation in the event is limited to providing money to the City, and where the sponsor is only represented at the event by signage or where the sponsor is a governmental entity, the Commissioner may elect not to require the sponsor to indemnify the City. All sponsorship agreements shall provide the City the right, with or without cause, to terminate the agreements prior to their expiration date.
(g) Any person who violates any rule promulgated pursuant to subsection (b) of this section shall be fined not less than $50.00 nor more than $500.00. Each day that a violation continues shall constitute a separate and distinct offense.
(h) With respect to any special event designated as such in the City's special event ordinance of that year that will be held in the Park, the provisions of the special event ordinance shall control the sponsorship and production of that special event in the Park, and nothing in this section shall be construed as to limit or restrict any provision of the City's special events ordinance for the sponsorship and production of such special event.
(i) Except as otherwise provided, all revenues from the Park or any facility or structure located within the Park, with the exception of the parking facilities located at the Park, shall be used for the operation of the Park, including maintenance and programming. Such revenues may be placed in an appropriate fund designated by the Comptroller, with the concurrence of the Budget Director, for the purposes set forth in this subsection (i). The Chief Procurement Officer is authorized to enter into contracts, funded through revenues in such designated fund and otherwise meeting the applicable requirements of Chapter 2-92 of this Code, for goods, services, and work pertaining to the operation of the Park. The Commissioner is authorized to enter into agreements, including, but not limited to, performer agreements, funded through revenues in such designated fund and containing such terms and conditions as are customary or appropriate in such agreements, for goods, services, and work pertaining to the programming or operation of events in the Park; provided, however, that such agreements shall not include concession agreements, which shall be governed by the requirements set forth in subsection (c) of this section.
(j) The Commissioner of Fleet and Facility Management shall provide for the operation and maintenance of Millennium Park and, following consultation with the Commissioner, may delegate duties to the Department of Cultural Affairs and Special Events.
(Added Coun. J. 5-9-07, p. 104052, § 7; Amend Coun. J. 11-17-10, p. 106597, Art. VII, § 4; Amend Coun. J. 11-16-11, p. 13798, Art. IX, § 1; Amend Coun. J. 3-13-19, p. 96590, § 2; Amend Coun. J. 10-27-21, p. 39543, Art. I, § 4; Amend Coun. J. 11-15-23, p. 6542, Art. I, § 20)
Editor's note – Coun. J. 10-3-01, p. 68139, § 5, repealed a former § 10-36-140, which pertained to ward playgrounds.
(a) Definitions. For purposes of this section, the following definitions shall apply:
"Authorized concession stand" means any concession stand authorized to operate within the Chicago Riverwalk.
"Chicago Riverwalk" has the meaning ascribed to the term in section 2-32-1300(a).
“Commissioner” means the Commissioner of Fleet and Facility Management.
(b) Hours of operation. Except as otherwise provided by the Commissioner, the Chicago Riverwalk shall be closed to the public between the hours of 11:00 P.M. and 6:00 A.M. The Commissioner shall post and maintain permanent signs designating the hours during which public access to the Chicago Riverwalk is prohibited.
(c) Violation of hours of operation – Unlawful act – Exceptions. Except as otherwise provided by the Commissioner, it shall be unlawful for any person or vehicle to be in any facility or on the grounds of any part of the Chicago Riverwalk between the hours of 11:00 P.M. and 6:00 A.M. Provided, however, that this prohibition shall not apply to: (i) persons disembarking from a commercial tour boat and passing through the Chicago Riverwalk, without stopping, to the exit nearest to their point of destination; (ii) persons doing work consistent with the operational needs of any licensed venue or authorized concession stand located in any part of the Chicago Riverwalk, or persons entering or exiting the Chicago Riverwalk in conjunction with or upon completion of such work, including, but not limited to, deliverymen, security personnel, repairmen and employees of a licensed venue or authorized concession stand acting within the scope of their employment; (iii) authorized City personnel acting within the scope of their lawful duties; (iv) vehicles doing work consistent with the operational needs of any licensed venue or authorized concession stand located in any part of the Chicago Riverwalk, or vehicles entering or exiting the Chicago Riverwalk in conjunction with or upon completion of such work, including, but not limited to, delivery vehicles and repair vehicles; and (v) Police Department vehicles, Fire Department vehicles, emergency vehicles and other vehicles clearly marked as the property of the city. Any person who violates this subsection shall be fined not less than $50.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.
(d) Concession agreements. Subject to the approval of the Budget Director, and of the Corporation Counsel as to form and legality, the Commissioner is authorized, after publicly soliciting proposals, to negotiate and execute on behalf of the City concession agreements for food, beverages, goods and services within the Chicago Riverwalk for a term not to exceed 36 months. The Commissioner may extend, renew or continue such initial agreement for two additional consecutive terms of up to 12 months each. Provided, however, that no extension, renewal or continuation of such initial agreement shall extend beyond a totality of 60 months, unless: (1) the agreement is referred to the Chicago City Council for review and full disclosure as to all parties, particulars, events and justifications meriting such extension, renewal or continuation: and (2) the Chicago City Council approves an extension, renewal or continuation of such agreement beyond a totality of 60 months.
(e) Temporary use agreements. The Commissioner is authorized to enter into use agreements, subject to the approval of the Corporation Counsel as to form and legality, for the temporary use of space and facilities within the Chicago Riverwalk. The Commissioner shall only enter into such temporary use agreements that the Commissioner determines enhance and are consistent with the unique nature of the Chicago Riverwalk.
The term of any such temporary use agreement shall not exceed 30 calendar days; provided, however, that the Commissioner may extend, renew or continue such initial agreement for up to 150 additional consecutive days. No such temporary use agreement shall be for the sponsorship of an event, which shall be governed by subsection (g). A temporary use agreement under this subsection may provide for the sale of food, beverages, goods or services if the following criteria are met:
(1) the food, beverages, goods or services must not endanger the public health or safety; and
(2) the sale of foods, beverages, goods and services must not conflict with any contractual obligation of the City; and
(3) no alcoholic beverage shall be sold or served unless all applicable licenses and permits have been obtained and all applicable Code requirements have been met.
The fees and conditions for temporary use agreements shall be determined by the Commissioner, giving consideration to the size and nature of the space, the duration of the temporary use and the unique nature of the Chicago Riverwalk. The Commissioner may adopt and enforce rules consistent with this subsection for awarding such temporary use agreements.
(f) Acceptance of grants and assets. Subject to the approval of the Budget Director, the Commissioner is authorized to accept grants of funds and other tangible and intangible assets pertaining to the Chicago Riverwalk. In connection with the acceptance of such funds and assets, the Commissioner is authorized, subject to the approval of the Corporation Counsel as to form and legality, to enter into and execute such ancillary agreements on behalf of the City, as may be necessary or appropriate, which agreements may include indemnification by the City and right of entry.
(g) Agreements for sponsorship of events – Construction of section. Subject to the approval of the Budget Director, and of the Corporation Counsel as to form and legality, the Commissioner is authorized to enter into and execute agreements with persons, including, but not limited to, commercial or other business sponsors or media sponsors, for the sponsorship of events within the Chicago Riverwalk for a term not to exceed 36 months. Subject to the approval of the Budget Director, the Commissioner may extend, renew or continue such initial agreement for up to 24 additional consecutive months. The terms and conditions of such agreements shall be determined by the Commissioner, giving consideration to the duration and extent of the sponsorship and the nature of the event being sponsored. In those sponsorship agreements entered into directly with a sponsor, in which the sponsor's participation in the event is limited to providing money to the City, and where the sponsor is only represented at the event by signage, or where the sponsor is a governmental entity, the Commissioner may elect not to require the sponsor to indemnify the City. All sponsorship agreements shall provide the City the right, with or without cause, to terminate such agreements prior to their expiration date. Provided, however, that with respect to any special event designated as such in the City's special event ordinance for that year that will be held within the Chicago Riverwalk, the provisions of the special event ordinance shall control the sponsorship and production of that special event within the Chicago Riverwalk. and nothing in this section shall be construed to limit or restrict any provision of the City's special events ordinance for the sponsorship and production of such special event.
(h) Rules. The Commissioner is hereby authorized to adopt and enforce rules to implement this section. Such rules may include, but are not limited to, the following: (1) protecting the health and safety of Chicago Riverwalk patrons and facilities, (2) establishing hours of operation for the Riverwalk and for facilities or venues located within the Chicago Riverwalk, and (3) prohibiting or regulating activities that may unreasonably disrupt pedestrian traffic flow or the quiet enjoyment of Chicago Riverwalk resources. The Commissioner may post signs within the Chicago Riverwalk setting forth these rules, as well as directional signs.
(i) Violation – Penalty. Except as otherwise provided in this section, and in addition to any other penalty provided by law, any person who violates this section or any rule promulgated thereunder shall be fined not less than $50.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 1-9-08, p. 18918, § 4; Amend Coun. J. 11-8-12, p. 38872, § 192; Amend Coun. J. 3-13-13, 47545, §
Any city owned, operated or maintained playground open to the public which:
(a) Is newly constructed, established or resurfaced from and after the date this ordinance becomes effective; or
(b) Exists at the time this ordinance becomes effective, and which contains or is to contain playground equipment designed or intended for use by young children shall be surfaced with impact- cushioning material, which meets or exceeds the standards established pursuant to Section 10-36-170 below, underneath and surrounding any such playground equipment and shall not be surfaced with hard materials such as asphalt, cement, blacktop and like substances in those areas, except that with respect to playgrounds under (b) above whose surfaces do not conform to those standards, the city shall convert any such nonconforming surfaces to conforming surfaces at the rate of at least ten percent per year of the playgrounds with nonconforming surfaces as of the time this ordinance becomes effective.
(Prior code § 37-10.1; Added Coun. J. 4-1-87, p. 40692)
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