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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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10-28-597 Operational conditions.
   (a)   Holders of an Outdoor Dining Street Permit shall not:
      (1)   operate earlier than 7:00 a.m. nor later than 11:00 p.m.
      (2)   play music, whether live or recorded, nor allow music to be played at the Outdoor Dining Street, other than through headphones.
   (b)   The holder of an Outdoor Dining Street Permit shall install and maintain a physical boundary separating the permitted outdoor seating from the remainder of the public way. For Outdoor Dining Street Full-Closure Permits, the operator shall leave six feet of public way unobstructed for pedestrian passage. The construction, configuration, and other characteristics of the boundary, including landscaping, shall be set forth by rule.
   (c)   Outdoor Dining Street Full-Closure Permit holders shall have the following requirements:
      (1)   At least one retail food establishment shall be open for outdoor business when a business with only a tavern license is open for outdoor business on the Outdoor Dining Street. A business with only a tavern license may not operate on the Outdoor Dining Street if there is no retail food establishment operating on the Outdoor Dining Street.
      (2)   At least two retail food establishments shall be open for outdoor business each day of the week. Retail food establishments shall be open for at least four consecutive hours. At least two retail food establishments shall be open between 5:00 p.m. and 7:00 p.m. However, no penalty for violation of this subsection shall apply to a business that has to shorten or discontinue its hours on a particular day as a result of inclement weather.
      (3)   Hours of operation for the street portion shall be posted by each retail food establishment.
      (4)   All licensees on the permit shall operate on the street portion at least two days a week at all times during the permitted operating hours.
      (5)   Only licensees which are named in the permit may operate on an Outdoor Dining Street.
      (6)   If a street has one or more lanes designated for bicycles, the Outdoor Dining Street shall allow for bicycle lanes through the street.
   (d)   Outdoor Dining Curb Lane Permit holders who are taverns shall allow for food service on the premises of the curb lane.
   (e)   Permittees shall follow Commissioner directives, including, but not limited to, modification or suspension of operations in order to make room for construction.
(Added Coun. J. 5-31-23, p. 427, Art. I, § 3)
10-28-598 Alcoholic beverage service – Requirements.
   If a permittee serves alcoholic liquor at the Outdoor Dining Street, the permittee shall be licensed under this Code for such sales. Neither BYOB, as defined in Section 4-58-010, nor any other system for alcoholic beverages supplied by the customer or by any person other than the permittee shall be allowed at Outdoor Dining Streets.
(Added Coun. J. 5-31-23, p. 427, Art. I, § 3)
10-28-599 Promulgation of rules; force and effect.
   (a)   The Commissioner, in consultation with the Commissioner of Business Affairs and Consumer Protection, is authorized to promulgate rules to carry out the purposes of this article, including without limitation rules governing:
      (1)   The location, arrangement, and design of Outdoor Dining Streets 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 Outdoor Dining Streets, 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 Outdoor Dining Streets;
      (4)   The time periods during which application can be made for an Outdoor Dining Street Permit;
      (5)   Landscaping and other aesthetic components of Outdoor Dining Streets; and
      (6)   Any other matter pertaining to the enforcement and implementation of this article.
   (b)   A permittee shall comply with the rules promulgated pursuant to this article, which shall have the force and effect of law.
(Added Coun. J. 5-31-23, p. 427, Art. I, § 3)
10-28-610 Enforcement.
   (a)   The Commissioners of Business Affairs and Consumer Protection and of Transportation, through their designees, are authorized to take such action as necessary to enforce this article, including conducting on-site inspections of retail food and liquor establishments associated with Outdoor Dining Streets to determine compliance with permitting and other requirements of this article, rules promulgated hereunder, and other applicable Code provisions.
   (b)   Upon request by the Commissioner of Business Affairs and Consumer Protection or by the Commissioner of Transportation, or by their designees, any operator of an Outdoor Dining Street shall provide for inspection the documents required by this article to operate an Outdoor Dining Street, including the Outdoor Dining Street Permit, the plan for the Outdoor Dining Street, and proof of insurance.
   (c)   Any Outdoor Dining Street for which a permit is required by this article, and which has failed to obtain such permit, or whose permit has been revoked, may be closed by the Commissioner of Business Affairs and Consumer Protection, or by the Commissioner of Transportation, or by their designees until such permit is obtained. Upon being notified of closure, all Outdoor Dining Street activity shall cease, and all obstructions in the public way, including barriers, tables, and chairs, shall be removed.
   (d)   Any Outdoor Dining Street for which a permit is in effect under this article may be temporarily closed by the Commissioner or the Commissioner's designee, if: (1) the Outdoor Dining Street contains a significant danger to public safety, including, but not limited to, (i) the footprint or Outdoor Dining Street-related objects or equipment on property beyond plan specifications, (ii) a missing, insufficient, or incomplete barrier, or (iii) obstruction of a fire lane; (2) a permittee has been issued notices of violation for conduct occurring on the Outdoor Dining Street on three different days during the permit period; or (3) a permittee has been issued at least one notice of noise violation for conduct occurring on the Outdoor Dining Street. Such temporary closure may include the cessation of outdoor business or the removal of all furniture and other appurtenances from the street and the reopening of the street to traffic. 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.
   (e)   In addition to fines and other penalties as provided for herein, a violation of any provision of this article or rules promulgated hereunder within a permit period shall subject a permittee to revocation of the Outdoor Dining Street Permit by the Commissioner.
   (f)   In addition to fines and other penalties as may be provided under this Code, any license discipline for a violation of this Code or rules promulgated thereunder shall subject a permittee to revocation of the Outdoor Dining Street Permit by the Commissioner. For purposes of this subsection, "license discipline" means the revocation, suspension, or rescission of a license, a voluntary closure in lieu of suspension, a closure order, a summary closure, or denial of the renewal of a license.
   (g)   If fewer than the minimum number of required permittees on an Outdoor Dining Street Full-Closure Permit are actively operating on the Outdoor Dining Street, the permit shall be subject to revocation. The Commissioner shall: (1) notify the each of the permittees, in writing, of the proposed revocation; (2) set a date and time for the permittees to appear before the Commissioner of Business Affairs and Consumer Protection to contest the proposed revocation, said date and time being no sooner than 10 calendar days after notice is issued; and (3) inform the permittees that they are entitled to present evidence at the hearing in opposition to the proposed revocation. Following the hearing, the Commissioner of Business Affairs and Consumer Protection shall affirm or reverse the decision to revoke the license. If no permittee appears at such hearing, the Outdoor Dining Street Permit shall be revoked. The findings, decision, and order shall be mailed to the permittee at least five days before the effective date of the revocation. The decision shall be final and may be appealed as provided by law. However, if fewer than the minimum number of required permittees on an Outdoor Dining Street Full-Closure Permit are actively operating on the Outdoor Dining Street, whether voluntarily or because permits have been revoked, and at least two permittees continue to actively operate on the Outdoor Dining Street and are not in violation of any provision of this article, the Commissioner of Business Affairs and Consumer Protection may allow the remaining two permittees to continue operating the Outdoor Dining Street for the remainder of the permit period.
(Added Coun. J. 5-31-23, p. 427, Art. I, § 3)
10-28-611 Violation – Penalties.
   (a)   General violations. Any person who violates this article or rules 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)   Failure to obtain permit. Any person who operates an Outdoor Dining Street without obtaining the applicable Outdoor Dining Street Permit, or who operates on an Outdoor Dining Street but is not listed on the applicable Outdoor Dining Street Permit, shall be subject to a fine of not less than $500.00 nor more than $2,500.00, and each day such a violation continues shall be deemed a separate and distinct offense.
   (b)*   Interference with enforcement. In addition to the above fine, any person who knowingly interferes with or impedes members of the Department of Transportation or the Department of Business Affairs and Consumer Protection in the enforcement of this article shall be subject to arrest by a duly authorized peace officer 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 (65 ILCS 5/1-2-1.1) and under the provisions of the Illinois Code of Criminal Procedure.
* Editor's note – Lettering sequence error; (b) duplicated in Coun. J. 5-31-23, p. 427, Art. I, § 3. Future legislation will correct if needed.
   (c)   Orders to remove. Any Outdoor Dining Street in operation without a valid Outdoor Dining Street Permit or subject to Section 10-28-610(d) is subject to removal from the public way by the Commissioner or the Commissioner's designee. Section 10-28-010(i) of this Code shall apply to the removal of any portion of an Outdoor Dining Street, from the public way, whether for unpermitted operation or for obstruction of the public way; provided, however, that the amount of the fine for a violation shall be as set forth in this section.
(Added Coun. J. 5-31-23, p. 427, Art. I, § 3)
ARTICLE XI. BENCHES ON PUBLIC WAYS* (10-28-640 et seq.)
* Editor’s note – Coun. J. 11-14-18, p. 90308, Art. III, § 1, amended the title of this article, which formerly read "Advertising Benches on Public Ways".
10-28-640 Definitions.
   For the purpose of this article:
   "Advertising bench" means a long seat for the accommodation of two or more people which is so designed as to permit the placement of any advertisement, slogan, or message.
   "Bench" means a long seat for the accommodation of two or more people.
   "Commissioner" means the Commissioner of Transportation of the City of Chicago or the Commissioner’s designee.
   "Contractor" means a person who is awarded a contract for the placement and removal of advertising benches pursuant to this article.
   "Department" means the Department of Transportation of the City of Chicago.
   "Person" means any individual, corporation or other business entity, partnership, association or any other legal entity.
   "Public way" includes any public street or alley from property line to property line, any city-owned parks, and any and all sidewalks, plazas owned by the city and parkways dedicated to public use.
   "Transfer" means the sale of an interest and every other method, direct or indirect, conditional or unconditional, voluntary or involuntary, of disposing of or parting with an interest in a permit, including by means of a pledge, lien, encumbrance, gift, security interest or otherwise.
(Added Coun. J. 12-19-90, p. 28705; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 11-14-18, p. 90308, Art. III, § 1)
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