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PUBLIC WAYS AND PROPERTY
PUBLIC WAYS AND PROPERTY
8-1-1: Sidewalk Construction
8-1-2: Repair Of Sidewalks
8-1-3: Street Maintenance Activities
8-1-4: Obstructions On Public Ways
8-1-5: Work In The City Right-Of-Way
8-1-6: Protection Of New Pavements
8-1-8: Prohibited Acts, Conditions
8-1-9: Vacation Of Public Streets And Alleys
8-1-10: Underground Public Utilities
8-1-11: Snow And Ice On Public Rights-Of-Way And Handicapped Parking Spaces
8-1-12: Alleys; Repaving, Resurfacing And Reconstructing
8-1-13: Containers In Rights-Of-Way
1. All sidewalks shall be constructed of portland cement concrete in accordance with the City engineering design standards and the Illinois Department of Transportation "Standard Specifications for Road and Bridge Construction". (2002 Code)
2. Except when a subdivision variation on sidewalks has been granted by the City Council pursuant to section 13-2-6 of this Code, the owner of property adjoining any street who builds any new building on vacant property or who demolishes an existing building and builds any new building on the property, shall install sidewalks on the frontage except as waived by a majority vote of the City Council. The City Council shall take into account the nature of the proposed building, the existing uses and sidewalks in the vicinity and the probable effect of the proposed building on the vicinity in making a determination to waive the installation of sidewalks. The sidewalks shall be constructed according to the detail requirements of the Engineering Department. (Ord. M-31-76, 8-16-1976; amd. 2002 Code)
3. In circumstances where the sidewalk may not need to be immediately constructed, the Director of Engineering shall so notify the City Council. If the City Council is in concurrence, an amount equal to five dollars ($5.00) per square foot for the year 2003, with an annual increase of five percent (5%), shall be paid by the applicant and deposited with the Finance Department. Such amount, if not utilized for sidewalk construction within seven (7) years of deposit, shall lapse to the General Fund of the City. (Ord. M-14-03, 4-21-2003)
B. Ramped Sidewalks Required: All new curbs and sidewalks and all existing curbs or sidewalks which are a part of any new construction or reconstruction at the intersections of sidewalks and streets, sidewalks and alleys and at other points of major pedestrian flow, shall comply with the Illinois Accessibility Code. Details for placement and construction of the ramped sidewalks shall be under the direction of the City Engineer. (Ord. M-2-76, 2-5-1976; amd. 2002 Code)
A. All owners or agents of owners with property abutting and fronting upon any plaza, street or alley within the corporate limits of the City, are required to keep the public sidewalks immediately abutting their property in good order and repair, and in safe condition.
B. All owners or agents of owners with property abutting and fronting upon any plaza, street or alley within the corporate limits of the City, have a duty to give notice to the City of any public sidewalks immediately abutting or fronting their property which are defective, in disrepair or in unsafe condition. (Ord. M-10-87, 3-16-1987)
To facilitate street maintenance activities within the City (i.e., including, but not limited to, street sweeping, leaf pick up and nonemergency utility repairs), the Director of Public Works or his designee shall post "No Parking" signs in the areas selected for street maintenance activities at least twelve (12) hours prior to any activity taking place. (Ord. M-52-98, 7-6-1998)
A. Obstructions Prohibited:
1. Misdemeanor Offense: Any person who shall encumber or obstruct, any street, alley or other public place in the city, by placing therein any building materials or any article or thing whatsoever, without having first obtained written permission from the director of community development, shall be guilty of a misdemeanor.
2. Buildings: No person shall erect or place any building, in whole or in part, upon any street, alley, sidewalk or public ground, within the city. (1956 Code ch. 8 art. II)
B. Removal: The city engineer, upon informing city council, is hereby authorized to cause any obstruction, encroachment or other thing which may be in violation of the provisions of this chapter, to be removed within a reasonable time after notice served upon the person causing same, or in case the person cannot be found, then summarily to remove the same and the party causing the violation shall pay all expenses and costs of the removal in addition to the penalties prescribed 1
. (Ord. M-57-83, 10-17-1983)
A. Permit Required: It is unlawful for any person or private contractor to perform any work, including, without limitation, any excavation or tunneling, in, on, under, or above any city right of way, including, without limitation, any city street, alley, or sidewalk, without first obtaining a permit for such work.
B. Exceptions To Permit Requirement: Contractors performing work for the city of Des Plaines department of public works and engineering and, subject to the requirements of title 9, chapter 5 of this code, public utility companies are not required to obtain a permit pursuant to this section to perform work in, on, under, or above city rights of way.
C. Application For Permit; Qualifications: Applications for such a permit shall be made to the building official, and shall state the location of the intended work, the size and purpose of such work, the person who will perform the work, the name of the person for whom the work is to be performed, and any other information required by the building official.
D. Permit Fee: No permit shall be issued pursuant to this section without the payment to the city of a fee in an amount determined in accordance with title 10, chapter 13 of this code.
E. Compliance With Conditions And Regulations: The director of public works and engineering is authorized to promulgate standards, rules, and regulations for any work performed in, on, under, or above any city right of way to implement the provisions of this code and to provide for the public safety. All work performed in, on, under, or above city rights of way must comply with the terms and conditions of the application and permit authorizing the work and with all standards, rules, or regulations promulgated by the director of public works and engineering. Any person who performs, or causes to be performed, such work shall be responsible for bearing all costs of complying with those terms, conditions, standards, rules or regulations.
F. Restoration; Security:
1. Any person who receives a permit pursuant to this section shall, not more than ten (10) days after disturbing, damaging, or destroying any part of any city right of way or any other city property as a result of performing work on, in, under, or over a city right of way, restore and repair those parts of the city rights of way and other city property to a condition at least as good as that existing prior to the work performed pursuant to the permit, as determined by, and to the satisfaction of, the director of public works and engineering. This restoration and repair work shall be performed using materials and methods approved in advance and in writing by the director of public works and engineering. The time period provided in this section for the completion of restoration and repair work may be extended by the director of public works and engineering for good cause shown.
2. No permit shall be issued pursuant to this section until the applicant establishes a security fund with the city in an amount reasonably estimated by the director of public works and engineering to be the cost of: a) completing all work necessary to restore and repair all parts of any city right of way and any other city property as required by this section, and b) all expenses that may reasonably be incurred by the city if the permittee fails to perform the restoration and repair work required by this section. The security fund may be in the form of cash, a surety bond in a form acceptable to the city, or an unconditional letter of credit in a form acceptable to the city. The city may withdraw from the security fund amounts necessary to reimburse the city for expenses incurred by the city as a result of the permittee's failure to complete any restoration and repair work required by this section to the satisfaction of the director of public works and engineering. Prior to withdrawing any amount from the security fund, the city shall give the permittee fourteen (14) days' advance written notice stating the city's intention to exercise its withdrawal rights and the reason therefor. Upon acceptance by the city of the work authorized by the permit and of the restoration and repair work required by this section, the permittee shall be entitled to the return of the security fund, or the portion thereof that remains on deposit after any withdrawals by the city, within a reasonable time after an account is taken to determine all offsets necessary to compensate the city for any failure by the permittee to complete the restoration and repair work as required by this section. If the permittee's permit is revoked, the security fund shall become the property of the city to the extent necessary to compensate the city for all reasonable costs, loss, or damage that may be incurred by the city as a result of the permit revocation; provided, however, that any amounts in excess of those costs shall be refunded to the permittee.
G. Excavations To Be Barricaded: Whoever shall dig or cause to be dug any excavation in or adjoining any public right of way shall erect a barricade and shall illuminate the excavation area in accordance with all applicable regulations, standards, and guidelines promulgated or published by the Illinois department of transportation.
H. Penalty: Any person violating any provision of this chapter, in addition to any other penalty provided for in this code, shall be fined as provided in the general penalty section of this code for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. M-14-14, 5-19-2014)
A. Closing Of Streets; Barricades: It is hereby made the duty of the director of public works or his designee, upon any contemplated street pavement or street improvement in the city, immediately when work on such improvement starts, to close all streets, roads, highways, public ways and alleys affected by the improvement.
He shall, as soon as practicable after the work commences, establish blockades at appropriate points for the purpose of keeping pedestrians and traffic off of the contemplated new pavements and cause a suitable sign to be fastened thereto upon which shall be printed in figures of conspicuous size the following legend:
Closed by order of the city of Des Plaines.
Roads, streets or public highways when so closed by the director, shall be deemed closed to all traffic of every kind upon the street or pavement being built.
B. Driving Past Barricades: It shall hereafter be unlawful for any person to walk upon, drive, propel or operate any wagon or motor vehicle upon any newly completed roadway, street or alley, or to do any other act or thing that may or might injure, damage or deface the newly completed pavement when the same has been closed under the provisions of subsection A of this section 2
. (1956 Code ch. 8 art. III; amd. 2002 Code)
A. Tracks At Grade: All railroad companies and the owners of any railroad track shall raise or lower their railroad track lying within the corporate limits of the city so as to conform to any grade which may at any time be established for any street, alley or highway by ordinance of the mayor and city council. Where the tracks run across or lengthwise of any street, alley or highway, they shall keep their railroad tracks on a level with the surface and keep the streets in good order so that the tracks may be crossed at any place in the street, alley or highway; and where they cross any street, they shall keep the same planked between the rails. All railroad companies and the owner of any railroad track shall make, keep open and keep in repair ditches and side drains, sewers and culverts along and under their railroad tracks so that filthy and stagnant water cannot stand on their grounds or right of way, and in such manner that the natural drainage of the adjacent property shall not be impeded. (1956 Code ch. 27)
B. Obstruction Of Highway At Grade Crossings:
1. Obstruction Prohibited: It is unlawful for a rail carrier to permit any train, railroad car or engine to obstruct public travel at a railroad highway grade crossing for a period in excess of ten (10) minutes, except where such train or railroad car is continuously moving or cannot be moved by reason of circumstances over which the rail carrier has no reasonable control. Under no circumstances will a moving train be stopped for the purposes of issuing a citation related to this subsection. However, no employee acting under the rules or orders of the rail carrier or its supervisory personnel may be prosecuted for a violation of this subsection B1.
2. Punishment For Obstruction Of Grade Crossing: Any rail carrier violating subsection B1 of this section shall be guilty of a petty offense and fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) if the duration of the obstruction is in excess of ten (10) minutes but no longer than fifteen (15) minutes. If the duration of the obstruction exceeds fifteen (15) minutes, the violation shall be a business offense and the following fines shall be imposed: if the duration of the obstruction is in excess of fifteen (15) minutes but no longer than twenty (20) minutes, the fine shall be five hundred dollars ($500.00); if the duration of the obstruction is in excess of twenty (20) minutes but no longer than twenty five (25) minutes, the fine shall be seven hundred dollars ($700.00); if the duration of the obstruction is in excess of twenty five (25) minutes but no longer than thirty (30) minutes, the fine shall be nine hundred dollars ($900.00); if the duration of the obstruction is in excess of thirty (30) minutes but no longer than thirty five (35) minutes, the fine shall be one thousand dollars ($1,000.00) plus an additional five hundred dollars ($500.00) for each five (5) minutes of obstruction in excess of thirty five (35) minutes. (Ord. T-6-02, 9-16-2002)
C. Switches In Streets: No frog, switch rail or any part of a side track or turnout shall be placed in or across any portion of any public street without special permission from the mayor and city council; nor shall what is known as a "running switch" be permitted along or across a public street. (Ch. 27, 1956 Code)
A. Injury To Official Marks: No person shall purposely break, change, remove, deface or otherwise injure any stake, post or stone, placed or set to designate the corner or line of any lot, block, land or street, or show the elevation of any street or sidewalk.
B. Injury To Street Signs, Lights: It shall be unlawful for any person to carelessly or maliciously break, deface, disturb, interfere with, carry away or in any way injure or destroy any street sign, standard, traffic signal or any electric lamp, or any part of, or appurtenance to any lamp, or light of any kind, used in, upon or about any street, alley or public place, or carelessly or maliciously break, injure, destroy or in any manner disturb or interfere with any telephone or telegraph wire, or any appurtenance thereto, at any place within the city 3
. (Ch. 10, 1956 Code)
C. Blocking Gutters, Culverts, Sewers, Hydrants: No person shall stop or obstruct the passage of water in any street gutter, public sewer, drain, culvert, water pipe or hydrant laid or placed in the city. Property owner shall be responsible for keeping culvert free of debris and maintaining the grass in the culvert area (i.e., similar to parkway areas).
Any replacement of, extension or alteration to existing culverts shall require the approval of the city engineer and the procurement of a permit from the director of community development. (Ord. M-22-89, 7-17-1989)
D. Blocking Sidewalks: It shall be unlawful to obstruct or block or impede passage upon any portion of any street or sidewalk, or to erect or place upon any portion of any street, sidewalk or parkway any booth, stand, tables or chairs, or any other obstruction without first obtaining a permit as allowed by this code. The director of community development shall issue permits under this section, and shall establish rules regulating the size, type, appearance, and placement of any obstructions on any street or sidewalk. (Ord. M-38-01, 7-16-2001)
Whenever the corporate authorities determine by affirmative vote of at least three-fourths (3/4) of the aldermen then holding office that the public interest will be subserved by vacating any street or alley, or part thereof, within the city of Des Plaines, they may vacate that street or alley, or part thereof, by so adopting an ordinance that determines which owner or owners of any real property abutting any portion of such street or alley so vacated shall acquire title upon vacation to all or any portion of the street or alley being vacated.
A. The ordinance shall not become effective until such owner or owners shall pay compensation to the city of Des Plaines in an amount which, in the judgment of the corporate authorities, shall be the fair market value of the property acquired or of the benefits which will accrue to them by reason of that vacation. The ordinance shall also reserve to the city of Des Plaines or to any public utility or both, as the case may be, owning such facilities, such property, rights of way and easements as, in the judgment of the corporate authorities, are necessary or desirable for continuing public service by means of those facilities and for the maintenance, renewal and reconstruction thereof.
B. The determination of the corporate authorities that the nature and extent of the public use or public interest to be subserved is such as to warrant the vacation of any street or alley, or part thereof, is conclusive.
C. Whenever an owner of property abutting upon any street or alley proposes to have the same or any part thereof vacated, said owner shall file with the office of the director of community development an application for vacation. A filing fee for each application of two hundred fifty dollars ($250.00) shall be paid therewith in addition to a cash deposit of eight hundred dollars ($800.00). The applicant shall be responsible to pay the actual cost of an appraisal which may be ordered by the corporate authorities to determine the value of the street or alley proposed to be vacated. The eight hundred dollar ($800.00) deposit shall be credited toward the actual cost of the appraisal fee and any excess amount above the actual cost shall be returned to the applicant or the applicant shall pay any additional amount above the eight hundred dollars ($800.00) to the City. (Ord. M-14-05, 5-16-2005)
In every building or structure hereafter erected, whenever the property being built on is zoned to the R-4 Central Core Multiple-Family District or C-5 Central Business District or is part of a planned unit development, as provided in the Zoning Code of the City, all utility distribution lines for telephone, gas, electric and cable service to be installed shall be placed underground within easements or dedicated public ways. The installation of such facilities shall be made in compliance with the applicable orders, rules, regulations and laws of the State of Illinois and the agencies thereof. (Ord. M-27-75, 8-4-1975; amd. 2002 Code)
A. Removal Required: It shall be unlawful for any person to deposit, place or allow to remain in or upon any public right- of-way including, but not limited to, sidewalks, aprons and other paved areas, any material or substance including, but not limited to, snow and ice, injurious to person or property or which could cause, by its accumulation, injury to person or property.
B. Commercial Properties:
1. Every owner, lessee, tenant or occupant of any commercial property in the City that abuts any public right-of-way must comply with the following:
a. Snow and ice must be removed from any sidewalk abutting such property and any sidewalk ramps intersecting such sidewalks, creating a clear path at least thirty six inches (36") wide to allow pedestrian and wheelchair passage; provided, however, that all reasonable efforts should be made to clear a path the full width of the sidewalk.
b. Accumulations of two (2) or more inches of snow and/or any amount of ice should be removed as soon as practicable, but must be removed within twenty four (24) hours after the weather event ends.
c. If snow or ice on the sidewalk is frozen so hard that it cannot be removed without damage to the pavement, then, within twenty four (24) hours after the weather event ends, sand, abrasive material or other products made for the purpose of mitigating slipping hazards and preventing the accumulation of ice must be strewn on the sidewalk abutting the property, and, as soon thereafter as the weather shall permit, the sidewalk must be thoroughly cleaned.
2. If the owner, lessee, tenant or occupant of any commercial property fails to remove or abate snow or ice in the manner, and within the timeframes, set forth in subsection B1 of this section, in addition to the penalty set forth in subsection D of this section, the City may, but is not obligated to, proceed to have such snow removed, keeping an account of the expense of such removal. The City may charge the owner, lessee, tenant or occupant an amount sufficient to defray the entire cost of any work performed pursuant to this section, plus a twenty five percent (25%) administrative fee, and if the amount so charged is not paid by the owner, lessee, tenant or occupant following a demand in writing by the City for such payment, the City may record a lien against the property or take such other action(s) as permitted by law and that the City Manager deems appropriate including, but not limited to, listing the costs with the Director of Finance as a fine or fee due to the City within the meaning of subsection 4-2-11C and section 15-7-8 of this Code.
C. Unlawful Deposit Of Snow: It shall be unlawful for any person or for any agent thereof, to:
1. Plow or otherwise remove accumulated snow from a private parking lot or drive and deposit same on a public right-of- way, including, but not limited to, sidewalks, aprons and other paved areas. For purposes of this section, "deposit" shall include any action to remove snow from a private lot, drive including, but not limited to, sidewalks, aprons and other paved areas, which results in the leaving of more than a negligible amount of snow upon the public right-of-way including, but not limited to, sidewalks, aprons and other paved areas.
2. Plow snow from a private driveway or parking lot and deposit same on a City street including, but not limited to, sidewalks, aprons and other paved areas, in such a manner so as to decrease the drivable width of any such street or decrease the width of any sidewalk, apron or other paved areas to such an extent as to render them unsafe or not passable by pedestrians.
3. Obstruct, harass, prevent or otherwise interfere with any employee of the City engaged in snow removal service or to obstruct, cause damage to or otherwise interfere with any City owned or leased vehicle used in conjunction with snow removal services.
4. Plow or pile snow onto any portion of a marked handicapped parking space on public or private property.
1. Any person violating subsection A or C of this section shall be subject to the general penalty set forth in section 1-4-1 of this Code.
2. Any person violating subsection B of this section shall be subject to a fine for each offense during the then-current winter season as follows:
a. For the first offense, a fine not to exceed two hundred fifty dollars ($250.00);
b. For the second offense, a fine not to exceed five hundred dollars ($500.00); and
c. For the third offense, a fine not to exceed seven hundred fifty dollars ($750.00).
3. Each day that a violation of this section is permitted to exist shall constitute a separate offense. Citations for violations of this section may be issued to the owner of the property involved, to the industry or firm which acts as an agent for any such owner, and to a lessee, tenant or occupant of any commercial property involved. (Ord. M-2-19, 1-22-2019)
In conjunction with a planned unit development, a subdivision, or the construction of a multi-family apartment, townhome, or condominium building, which will use, as a secondary access, a public alley in the City, the developer or builder, as the case may be, shall as a condition for the approval of their development or building plans be obligated to repave, resurface, or reconstruct the alley as the City Director of Engineering may determine, based on the condition of the alley. (Ord. M-21-06, 5-15-2006)
A. Permit Required: It is unlawful for any person, firm or corporation to cause or permit any container to be delivered and left at any location within any public street, alley, or other public right-of-way (or on private rights-of-way within which the City is authorized to provide police protection or fire protection services) without first obtaining a permit from the City in accordance with this section. For the purpose of this section, "container" means any container, including dumpsters and modular storage devices, designed to be delivered to a location for the temporary outdoor storage of waste or personal property and to be subsequently removed for disposal or storage at another location.
No permit shall be issued pursuant to this section unless, in the judgment of the Director of Community and Economic Development, the applicant demonstrates that delivery of a container to a location on private property improved with a hard paved surface, or another surface deemed appropriate by the Director of Community and Economic Development, is not feasible.
B. Permit Application Process:
1. A person desiring a permit to locate a container in a right-of-way must complete an application on forms provided by the Department of Community and Economic Development. The application must state why it is not feasible to deliver and leave the container on private property improved with a hard paved surface or another surface deemed appropriate by the Director of Community and Economic Development.
2. Upon proper application and payment of a permit fee of one hundred dollars ($100.00), the Director of Community and Economic Development may issue a permit allowing the applicant to deliver and leave a container in a right-of-way, subject to the requirements and restrictions set forth in this section, for a period not to exceed thirty (30) consecutive days. The Director of Community and Economic Development may issue an administrative extension of one additional fifteen (15) day period upon application by the applicant. A separate permit is required under this section for each container proposed to be delivered and left in a right-of-way, and a new permit must be obtained if a permittee proposes to change the location of a container for which a permit has been previously issued.
3. A copy of each permit issued pursuant to this section shall be provided to the City's Police, Fire, Public Works and Engineering, and Community and Economic Development Departments, as soon as practicable after such permit is issued, so that those departments will be advised of the issuance of the permit and the location of the container.
C. Barricades Required: At all times that a container is left in a right-of-way pursuant to a permit issued in accordance with this section, the permittee must install and maintain a minimum of two (2) barricades with flashing lights of a type and at locations approved by the Director of Public Works and Engineering to alert traffic to the location of the container. If a permittee does not install and maintain the barricades required by this subsection, the City shall have the right to install and maintain the required barricades and charge the permittee with all costs incurred by the City for the installation and maintenance of the barricades.
D. Restrictions: A permit shall not be issued pursuant to this section unless the proposed container and location satisfy all of the following requirements:
1. The container shall not be located within any restricted or prohibited parking area;
2. The container shall not be located in front of any property without the consent of the property owner;
3. The container shall not block ingress to or egress from any property;
4. The container shall not obstruct the safe passage of vehicular or pedestrian traffic within the right-of-way;
5. The container shall not be located within twenty feet (20') of any fire hydrant;
6. The container shall not be located within twenty feet (20') of an intersection with another street, alley, or driveway other than a driveway serving the property benefited by the container;
7. The container shall be located not more than twelve inches (12") from the curb or, where no curb exists, the edge of the paved surface of the right-of-way on which the container is located; and
8. The container shall bear reflective stripes or other markings that enhance visibility of the container by motorists and pedestrians.
E. Joint And Several Liability:
1. The applicant for a permit for a container, and the supplier or hauler delivering the container, shall be jointly and severally liable for all costs and liability caused by the container, including, without limitation, costs and liability arising from debris falling from the container and any damage to the surface of the street, alley or curb.
2. A permittee pursuant to this section must maintain all containers and the area around the containers free and clear of ice and snow. The City is not responsible for the removal of ice and snow at or around any container, nor is the City responsible for any ice and snow that accumulates on and around a container as a result of the normal operations of street clearing processes.
3. If the City determines, in its sole discretion, that a traffic, pedestrian, health or public welfare or other hazard exists, the City may require any permittee to remove a container within twenty four (24) hours after receipt of written notice from the City. Each day that any container remains within a public right-of-way after the twenty four (24) hour notice period has expired shall be a separate violation of this section.
4. If the City determines, in its sole discretion, that a container must be immediately removed from a public right-of- way to protect the public health and safety, the City may cause the container to be removed and charge the permittee with all costs incurred by the City for removal of the container.
F. Penalty: Any person violating any of the provisions of this section shall be subject to a fine as provided in the general penalty in section 1-4-1 of this Code and, in addition thereto, shall be responsible and make full payment for any damage to City property. Citations for violations of this section may be issued to the owner of the property benefited by a container and also to any person or entity that acts as an agent for the owner. (Ord. M-7-16, 3-7-2016)
1. 65 ILCS 5/11-80-13, 5/11-84-1.
1. 65 ILCS 5/11-80-1.
1. 65 ILCS 5/11-80-10.