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(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.)
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)
(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)
(a) Rental rates. Effective May 12, 2018 ("Term Commencement Date"), ground and building rental rates for aeronautical real estate at Chicago O'Hare International Airport ("Airport") described in this section shall apply to leased premises on Airport for aeronautical purposes, including cargo facilities, hangar facilities and ground equipment maintenance facilities, and to leased premises outside the Airport secure area, and to rights of entry agreements relating to any such leased premises, as follows:
(1) Rental rates for premises used for on- Airport cargo facilities shall be:
(i) Ground rent for the period May 12, 2018 through December 31, 2023, shall be $2.25 per square foot per year for the total square footage of dedicated apron and land for the real property being used at the Airport inside the Airport secure area for cargo related operations; and
(ii) Facility rent for the period May 12, 2018 through December 31, 2023, shall be $10.00 per square foot per year for the square footage of the property being used at the Airport inside the Airport secure area for cargo facilities; and
(iii) For the five-year period beginning on January 1, 2024 and every five years thereafter, the rent set forth in subsection (a)(1)(i) and (a)(1)(ii) of this section shall be adjusted pursuant to the PPI Adjustment.
(2) Rental rates for on-Airport premises used for hangar and ground equipment maintenance facilities shall be:
(i) Fixed rent for the period May 12, 2018 through December 31, 2023, shall be $2.25 per square foot per year for the total square footage of dedicated apron and land for the real property being used at the Airport inside the Airport secure area for hangar and ground equipment maintenance facilities; provided, however, that the real property being used at the Airport for hangar and/or ground equipment maintenance facilities which shall be vacated in connection with the construction of Runway 9C-27C at the Airport shall not be subject to the fixed rent as set forth in this subsection (a)(2)(i); and
(ii) For the five-year period beginning on January 1, 2024 and every five years thereafter, the rent set forth in subsection (a)(2)(i) of this section shall be adjusted pursuant to the PPI Adjustment.
(3) Rental rates for premises outside of the Airport secure area:
(i) Fixed rent shall be $2.00 per square foot per year for the total square footage of real property being leased for a period of five years from the date on which such rental rate is applicable to such premises.
(ii) Beginning on the January 1st following the five year anniversary of the effective date of the rental rate as set forth in subsection (a)(3)(i) of this section, the rent set forth in subsection (a)(3)(i) of this section shall be adjusted pursuant to the PPI Adjustment.
(b) Definitions. As used in this section:
"PPI Adjustment" shall mean a fraction (rounded to two decimal places), the numerator of which shall be the "PPI" for May 2023 and every five years thereafter, and the denominator of which shall be the PPI for May 2018, with respect to the PPI Adjustment on any such fifth (5th) anniversary of the Term Commencement Date and every five years thereafter.
"PPI" shall mean "The Producer Price Index – All Commodities" as published by the Bureau of Labor Statistics of the United States Department of Labor or if the same is discontinued, a replacement index published by the Department of Labor or other applicable governmental authority, appropriately adjusted.
(Added Coun. J. 2-28-18, p. 68901, § 3)
(a) With regard to Sections 10-36-190; 10-36-220; 10-36-230; 10-36-260; 10-36-270; 10-36-280; 10-36-290; 10-36-300; 10-36-330; 10-36-340 and the second paragraph of Section 10-36-250 of the Code (for purposes of this section, collectively, the "Provisions"), during the term of any concession and lease agreement between the City of Chicago and a private operator with respect to Chicago Midway Airport, the matters set forth in the Provisions, as they apply to Chicago Midway Airport, shall be governed by the concession and lease agreement in effect with respect to Chicago Midway Airport and the Provisions shall not be applicable with respect to Chicago Midway Airport during that time.
(b) With regard to Sections 10-36-351, 10-36-352, 10-36-353 and 10-36-355 of the Code, during the term of any concession and lease agreement between the City of Chicago and a private operator with respect to Chicago Midway Airport, the matters set forth in these sections, as they apply to Chicago Midway Airport, shall be governed by the federally approved airport security plan in place at Chicago Midway Airport and these sections shall not be applicable with respect to Chicago Midway Airport during that time.
(Added Coun. J. 10-8-08, p. 41099, § 11)
Editor's note – Coun. J. 3-31-04, p. 20916, § 1.1, repealed former § 10-36-200, which pertained to aircraft at Merrill C. Meigs Field.
(a) Definitions. As used in this section:
"Airport" means Chicago O'Hare International Airport or Midway International Airport.
"City" means the City of Chicago.
"Concession contract" means any contract, lease or license to operate at any airport terminal facility any enterprise that provides food or beverage services to the general public, or that is a news and gift store or duty- free store, pursuant to which contract the City is entitled to receive, in the form of rents, royalties or other income, a percentage of the revenues generated by such enterprise or by any subcontract, sublease, management agreement or other transfer or assignment of any right, title or interest received from the City pursuant to any of the foregoing contracts, leases or licenses. The term "concession contract" does not include any contractually authorized extension, renewal, or holding over with the consent of the City, of any concession contract entered into prior to the effective date of this section.
"Concessionaire" means any entity that is a party to a concession contract at any airport terminal facility entered into after the effective date of this section.
"Employee" means a person employed by the concessionaire on a full time or part time basis.
"Entity" means a sole proprietorship, partnership, corporation, joint venture, franchise or other business organization of any kind.
"Labor peace agreement" means a written agreement between a concessionaire and a labor organization(s) seeking to represent the concessionaire's employees, to which 29 U.S.C. Section 185(a) applies, as that section has been interpreted by the United States Supreme Court, which contains a provision prohibiting the labor organization and its members from engaging in any picketing, work stoppage, boycott or other economic interference with the operations of the concessionaire or with any subcontractor or sublicensee of the concessionaire, for the duration of the concessionaire's concession contract(s) with the City.
"Small business" means an entity that, in aggregate at all of its global operations, employs fewer than 500 employees and also employs fewer than 50 employees between both airports under all concession contracts of the entity and its subsidiaries and affiliates.
(b) Concessionaire contractual requirements. Except as otherwise provided in subsection (d) of this section, as a condition to entering into any concession contract with the City, the concessionaire shall either (1) be a party to a collective bargaining agreement(s) with the employees who staff the concessionaire's operations, which labor agreement shall prohibit the union and its members, and all employees covered by the agreement, from engaging in strikes, picketing, work stoppages, boycotts or other economic interference with the business of such concessionaire for the duration of the concession contract(s); or (2) enter into and comply with a Labor Peace Agreement.
(c) Additional requirements. As a condition of its concession contract with the City, a concessionaire shall include in all of its subcontracts, sublicenses or similar agreements a provision(s) requiring compliance with subsection (b) of this section, which provision(s) shall include the exception set forth in subsection (d) of this section.
(d) Exception. This section shall not apply to any small business.
(e) Enforcement – regulations. The commissioner of aviation is authorized to administer and enforce this section, and to promulgate rules and regulations necessary to implement the requirements of this section.
(Added Coun. J. 1-21-15, p. 101754, § 2)
Editor's note – Coun. J. 3-31-04, p. 20916, § 1.1, repealed former § 10-36-210, which pertained to payment of aircraft fees.
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