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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
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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10-36-145 Chicago Riverwalk.
   (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.
   (j)   Chicago Riverwalk – Revenue. All revenue received by the City from the sources identified in subsection (b) of Section 2-32-1300 shall be governed by Section 2-32-1300.
(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, §
10-36-150 City playgrounds – Surfaces.
   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)
10-36-160 City playgrounds – Inspection.
   The department of building services shall inspect such city owned, operated or maintained playground equipment and surfaces at least annually, keep records of such inspections, and promptly cause the removal, repair or replacement of any broken or unsafe equipment or damaged or worn out surfacing material.
(Prior code § 37-10.2; Added Coun. J. 4-1-87, p. 40692)
10-36-170 City playgrounds – Standards.
   The department of building services shall within 30 days after this ordinance becomes effective establish and promulgate standards for impact-cushioning surfaces to be installed beneath and around playground equipment designed or intended for use by young children. Such standards shall conform at a minimum to those of the National Operating Committee on Standards for Athletic Equipment for multiple drops from heights of at least ten feet, and no surfacing material to be installed shall consist of loose particulate materials or other materials readily subject to cratering on impact.
(Prior code § 37-10.3; Added Coun. J. 4-1-87, p. 40692)
10-36-180 City playgrounds – Signs.
   Any city playground with equipment designed or intended for use by young children shall display warning signs in bold lettering to alert parents or guardians of such children to the following:
   (a)   That children under the age of five should not play or near the equipment;
   (b)   That no person should go barefoot in the playground;
   (c)   That inappropriate use of or overcrowding on equipment may result in injury.
(Prior code § 37-10.4; Added Coun. J. 4-1-87, p. 40692)
10-36-185 Enforcement of Chicago Park District Ordinances.
   (a)   The members of the Chicago Police Department shall have authority to enforce the following provisions of the Chicago Park District Code, in effect as of September 9, 1998, or as subsequently amended: Chapter VII (Use of Parks) – Sections A, B(1) – (17), C(3), and D(1); Chapter VIII (Use of Harbors) – Sections A, C(1) and D; and Chapter IX (Concessions and Food Services) – Sections A, B(1), B(6), C(1)(a), C(2)(a), C(2)(e), C(3)(a) and C(3)(e).
   (b)   Any person who violates the above referenced provisions of the Chicago Park District Code shall be subject to a fine not to exceed $500.00 and shall be subject to an order requiring the violator to pay restitution when the violation involves damage to property.
   (c)   In addition to any other means authorized by law, the City may enforce this section by instituting an action with the Department of Administrative Hearings.
(Added Coun. J. 4-21-99, p. 93318, § 2; Amend Coun. J. 11-7-18, p. 88803, § 30)
ARTICLE II. AIRPORTS (10-36-190 et seq.)
10-36-190 Compensation for use of Chicago-O'Hare International Airport and Chicago Midway Airport.
   No person shall use the airport facilities of Chicago-O'Hare International Airport or Chicago Midway Airport, including non-commercial private aircraft, without paying compensation for the use of such facilities in accordance with the following schedule of fees:
   (a)   For each landing at Chicago-O'Hare International Airport of an aircraft operated by a signatory to a Chicago-O'Hare International Airport Airline Use and Lease Agreement in the form approved by this amendatory ordinance of 2018 ("O'Hare Airline Use and Lease Agreement"), the landing fee rate shall be the landing fee rate then in effect pursuant to the O'Hare Airline Use and Lease Agreement.
   (b)   For each landing at Chicago-O'Hare International Airport of an aircraft other than those specified in subsection (a), the landing fee rate shall be determined by the commissioner of aviation consistent with the O'Hare Airline Use and Lease Agreement.
   (c)   For each aircraft at Chicago-O'Hare International Airport parking for each 24-hour period or fraction thereof in an aircraft parking area designated as public, a fee thereof shall be determined by the commissioner of aviation consistent with the O'Hare Airline Use and Lease Agreement.
   (d)   For each landing at Chicago Midway Airport of an aircraft operated by a signatory to a Chicago Midway Airport Amended and Restated Use Agreement and Facilities Lease, in the form approved by the city council on July 8, 1998, as it may be amended from time to time ("Midway Use Agreement"), the rate per 1,000 pounds approved maximum landing weight shall be the landing fee rate then in effect pursuant to the Midway Use Agreement.
   (e)   For each landing at Chicago Midway Airport of an aircraft other than those specified in subsection (d), the landing fee rate per 1,000 pounds approved maximum landing weight shall be 1.25 times the rate specified in subsection (d).
   (f)   For each aircraft at Chicago Midway Airport parking for each 24-hour period or fraction thereof in an aircraft parking area designated as public other than those covered by paragraph (h), a fee therefor shall be equal to the prescribed landing fee for such aircraft at the airport, except that no fee shall be due for parking an aircraft in such an area during the first hour after landing and provided that total parking fees for an aircraft shall not exceed $500.00 in any given month.
   (g)   For each use of a city-controlled gate at Chicago Midway Airport, a fee therefor shall be due at the following rates:
      All commercial aircraft with a seating capacity of 71 or more passengers.....$150.00
      All commercial aircraft with a seating capacity of 35 to 70 passengers.....$75.00
      All commercial aircraft with a seating capacity of fewer than 35 passengers.....$40.00
   (h)   For each overnight parking of an aircraft at Chicago Midway Airport at city-controlled facilities, a fee shall be due at the following rates:
      All commercial aircraft with a seating capacity of 71 or more passengers.....$100.00
      All commercial aircraft with a seating capacity of 35 to 70 passengers.....$50.00
      All commercial aircraft with a seating capacity of fewer than 35 passengers.....$25.00
(Prior code § 37-11; Amend Coun. J. 10-31-84, p. 10379; Corrected. 2-13-85, p. 13615; Amend Coun. J. 10-17-85, p. 20897; Amend Coun. J. 11-13-85, p. 22139; Amend Coun. J. 6-5-87, p. 920; Amend Council J. 11-18-98, p. 84230, § 2; Amend Coun. J. 2-6-02, p. 78297, § 4.1, at 78312; Amend Coun. J. 10-6-05, p. 56704, § 1; Amend Coun. J. 12-13-17, p. 63125, § 5; Amend Coun. J. 3-28-18, p. 72584, § 9)
10-36-193 Cargo access permit – When required.
   (a)   Permit authorized. The Commissioner of Aviation is authorized to issue an airport cargo access through the fence permit ("Cargo Access Permit") to any airline carrier at Chicago O'Hare International Airport ("Airport") which deplanes cargo at the Airport which cargo is not processed in a cargo facility of a tenant or subtenant under a cargo facility lease on Airport premises ("Cargo Access Permittee").
   (b)   Permit required – Fee. Each Cargo Access Permittee shall obtain a Cargo Access Permit within the meaning of subsection (a) of this section, and shall pay to the City a cargo access fee of not less than $5.00 per ton of cargo deplaned at the Airport, subject to adjustment annually each January by the Consumer Price Index for all Urban Consumers for All Items – Chicago (1982-1984=100), published by the United States Department of Labor, Bureau of Labor Statistics (the "CPI-U Index") for the prior May, with the CPI-U Index published for May 2017 used as the base index for such annual adjustment ("Cargo Access Fee").
   (c)   Penalty for violation. Any person who deplanes cargo at the Airport without a Cargo Access Permit when a Cargo Access Permit is required by this section, or otherwise violates this section, shall be subject to a fine of not less than $500.00 nor more than $2,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
   (d)   Rules. The Commissioner of Aviation is hereby authorized to adopt such rules as the Commissioner may deem necessary or appropriate to implement or administer this section.
(Added Coun. J. 2-28-18, p. 68901, § 2)
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