GENERAL REQUIREMENTS (10-28-010 et seq.)

Municipal Code of Chicago tit. 10, ch. 10-28, art. I

in effect

Municipal Code of Chicago § 10-28-010 Permission required.

10-28-010 Permission required. (a) For purposes of Sections 10-28-010 through 10-28-020, and as used in Sections 10-28-046 and 10-29-020, the following definitions apply: "City digital sign" has the same meaning ascribed to that term in Section 17-17-0234.5. "Commissioner" means the Commissioner of Business Affairs and Consumer Protection or the Commissioner's designee. "Department" means the Department of Business Affairs and Consumer Protection. "Kiosk" means a free standing, permanent structure erected as an accessory to a building, and used to provide information concerning the building and its occupants. "Public Way" has the same meaning ascribed to that term in Section 1-4-090 and also includes any other public place. "Public Way Use" means any structure, device or other article on, over or under the public way for which a permit is required pursuant to this section. "Public Way Use Permit" or "Permit" means a permit issued for use of the public way. "Sign(s)" has the same meaning ascribed to that term in Section 13-20-510. "Subsidewalk Space" means the space underneath the surface of any public way. "Subsidewalk Space Use" means the use of any subsidewalk space, or the construction or maintenance of any structure thereunder, or disturbing the sidewalk on the public way, for the purpose of constructing or maintaining any vault or structure thereunder, or any coalhole, trapdoor or other opening therein or thereon. (b) Unless otherwise authorized by this Code, it shall be unlawful for any person to construct, install, or maintain any of the following on, under, or above the public way without a public way use permit: (1) a canopy, as that term is defined in Section 17-17-0233; (2) a marquee, as that term is defined in Section 17-17-0295; (3) an awning, as that term is defined in Section 17-17-0215; (4) a bay window; (5) a bridge; (6) a kiosk; (7) a clock or post at the curb, or a clock attached outside the face of any building; (8) a loading platform, switch track or pushcart track; (9) subsidewalk space use; (10) a bench that does not contain advertisements, slogans, or messages; or (11) any other structure or device, including a sign, except for a City digital sign, that is on, over, or under the public way. (c) Prior to the installation of any wire, pipe, cable or conduit on, under or over the surface of any public way pursuant to a permit issued under Section 10-29-020, a public way use permit shall also be required to maintain such wire, pipe, cable or conduit under, on or over the public way. (d) No person shall place a vehicle-weighing scale on the public way; provided that this provision shall not apply to any unit of federal, state or local government. (e) Nothing in this section shall authorize any person to make an opening in, or construct or repair any pavement in the public way unless such person holds a public way work license if such a license is required by Chapter 10-20 of this Code. (f) Provided, however, no permit required by subsection (b) shall be required to construct or maintain (i) parking meters and signs by a person, or the person's designee, acting pursuant to a concession agreement approved by the City Council governing the operation, maintenance, improvement, installation and removal of and the collection of fees from, certain designated parking meters, or (ii) City digital signs by a person, or the person's designee, acting pursuant to a coordinated City digital sign program agreement approved by the City Council governing the operation, maintenance, improvement, installation and removal of such City digital signs. (g) No permit shall be issued for the maintenance of any canopy or marquee attached to any building which extends over any boulevard, street or other public way taken over from the Chicago Park District by the City of Chicago by virtue of the Chicago Park and City Exchange of Functions Act, 70 ILCS 1545/0.01, et seq.; and provided that the Building Commissioner may issue a permit for the construction and temporary use of a canvas canopy or awning for a particular event requiring its use over such boulevards, streets, and public ways. (h) Any person violating any of the provisions of this section shall be fined not less than $25.00 nor more than $200.00 for each offense. A separate and distinct offense shall be held to have been committed each day any person continues to violate this section or fails or refuses to cause the removal of such unauthorized structure within such time as may be fixed by the Commissioner, not exceeding 30 days, after notice in writing for such removal has been served upon the owner or person maintaining any such public way use. In addition to any penalty provided herein, after such notice by the Commissioner, the person, at his or her own expense, shall restore the public way, including any space underneath the surface of any public way, under the supervision and to the satisfaction of the Commissioner of Transportation. If the person fails to restore the public way, or fails to restore the public way, including any subsidewalk space, to the satisfaction of the Commissioner of Transportation, the City may restore the public way and charge the cost to the person. (i) Notwithstanding subsection (h) of this section, the Commissioner is hereby authorized to order any item or thing whatsoever which may encumber or obstruct any public way, public landing, wharf or pier to be removed. If such item or thing shall not be removed within six hours after notice to the owner or person in charge to remove the same, or if the owner cannot be readily found for the purpose of such notice, the Commissioner of Transportation, the Executive Director of Emergency Management and Communications or the Commissioner of Streets and Sanitation shall cause the item to be removed to some suitable place, to be designated by the said department head. The owner of any item removed shall be subject to a penalty of not more than $10.00, in addition to the costs of such removal. Any item removed in accordance with this section, if of sufficient value to more than pay the expenses thereof, shall be advertised by the Commissioner for sale for ten days in a newspaper of general circulation and, after expiration of that time, shall be sold by the Department to the highest bidder; provided where there is no bidder for any such article, the Commissioner shall dispose of such article in the most cost-efficient manner; provided further that the owner may reclaim such article if the owner notifies the Commissioner in writing and pays the penalty and costs to remove such article prior to the expiration of the time for sale of such item. The proceeds of such sale shall be paid into the City treasury and the balance, if any, after deducting the penalty and costs, shall be paid to any person furnishing satisfactory proof of ownership. (j) The issuance of a public way use permit does not authorize or permit the installation, erection, maintenance or enlargement of a sign, canopy, marquee, awning, or bay window without a valid permit issued by the Department of Buildings. (k) The Commissioner may promulgate rules for the administration and enforcement of public way use permits. Any person violating any such rule shall be subject to the fines prescribed in this section. (Prior code § 34-1; Amend Coun. J. 12-15-99, p. 21529, § 6; Amend Coun. J. 5-9-07, p. 105047, § 17; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 12-4-08, p. 50506, § 14; Amend Coun. J. 1-13-10, p. 83228, § 1; Amend Coun. J. 11-8-12, p. 38872, § 184; Amend Coun. J. 12-12-12, p. 44485, § 7; Amend Coun. J. 11-14-18, p. 90308, Art. III, § 1; Amend Coun. J. 7-21-21, p. 34179, Art. VII, § 2)

Municipal Code of Chicago § 10-28-015 Public way use permits - Application and issuance.

10-28-015 Public way use permits - Application and issuance. (a) Except as otherwise expressly provided for in this Chapter, an application for a public way use permit shall be made to the Department and shall include the following: (1) the applicant's name and address, and the name and address of the property owner; (2) a detailed drawing indicating the location of all public way uses on, over or under the public way for which a permit is required; (3) proof of the required insurance; (4) proof of the building's age if the building was constructed in or prior to 1922; (5) the application fee, if applicable; and (6) any other information reasonably required by the Commissioner. (b) The Commissioner shall forward a copy of an application for subsidewalk space use to the Commissioner of Transportation within three days after receipt of the application. No public way use permit for subsidewalk space use shall be issued unless the Commissioner of Transportation, after reviewing the application, has approved the design of the subsidewalk space use. (c) (1) If the Commissioner finds that the permit application is complete, the Commissioner shall provide the application to the alderman of the affected ward. The alderman shall provide a recommendation to the Commissioner regarding the application within 30 days of receiving it, unless the Commissioner determines that good cause exists for a reasonable extension, not to exceed 30 days. The recommendation regarding the application shall be based upon the alderman's analysis of the factors laid out in the following paragraph of this subsection (c)(1). Such recommendation shall not be unreasonably withheld. The Commissioner shall issue the public way use permit to the applicant if the Commissioner finds that the applicant meets the applicable requirements and the alderman's recommendation is that the permit application should be approved. If the Commissioner finds that the applicant does not meet the applicable requirements, the Commissioner shall deny the application and shall notify the unsuccessful applicant in writing of the denial within ten business days after the denial. If the Commissioner finds that the applicant meets the applicable requirements, but the alderman recommends that the permit application should be denied, the applicant, with the assistance of the Department of Business Affairs and Consumer Protection, may submit for City Council consideration an applicant-sponsored ordinance granting approval of a public way permit. A public way use permit shall be denied or revoked if: (i) the granting of the public way use is not in the best interest of the public, would have a deleterious impact on the neighborhood, or would create a nuisance either on the public way or in the surrounding area; (ii) the design of, or materials used in, the public way use does not comport with the quality or character of the existing streetscape; (iii) the use interferes with or impedes the flow of pedestrian or vehicular traffic, or ingress or egress from any surrounding building, the use of any pole, traffic signs or signals, hydrants, mailboxes or other objects located near the location of the proposed use; or (iv) the applicant makes any false statements, submits any false information or misrepresents any information required under this section. (2) Administrative appeal process. Upon denial by the Commissioner of an application made under this section, the Commissioner shall notify the applicant, in writing, of such fact and of the basis for the denial. Such notice shall include a statement informing the applicant that the applicant may, within 10 calendar days of the date on which the notice was sent, request, in a form and manner prescribed by the Commissioner in rules, a hearing before the Commissioner to contest the denial. The notice shall also advise the applicant that the applicant is entitled to present to the Commissioner any document, including affidavits, related to the Commissioner's determination of denial. If requested, a hearing before the Commissioner shall be commenced within 10 business days of receipt of such request. Within 60 calendar days of completion of the hearing, the Commissioner shall either affirm or reverse such determination based upon the evidence presented. The Commissioner's decision shall be final and may be appealed in the manner provided by law. If an applicant fails to request a hearing within the prescribed time, or requests a hearing but fails to appear at such hearing, the application shall be deemed denied. Upon entry of a final order of denial, the Commissioner shall notify the applicant in writing of such fact. Public way use permit revocations and rescissions shall follow the same process set forth in this subparagraph. (d) The term of a public way use permit shall be for five years. The annual fee for the first year shall be due at the issuance of the permit and the remaining annual fees shall be paid, as provided for in rules and regulations; provided that the proof of insurance required as a condition of the permit be submitted annually, as provided for in the rules and regulations. (e) All public way use permits shall be subject to the following: (1) Each public way use and the structures and appliances authorized by the permit shall be maintained and used in accordance with all applicable laws, including the ordinances of the city and the directions of the Commissioner, the Commissioner of Streets and Sanitation, the Building Commissioner, and the Commissioner of Transportation. The permittee shall keep that portion of the public way in, over, under or adjacent to the public way use in good condition and repair, safe for public travel, and free from snow, ice and debris to the satisfaction of the Commissioner of Transportation. (2) Notwithstanding any other provision of this section, if circumstances warrant, the public way permit is subject to amendment, modification or revocation at the discretion of the Mayor or the Commissioner at any time, without cause and without the consent of the permittee. Upon termination of the permit, the permittee, at the permittee's own expense and without cost or expense to the City, shall remove, within 30 days of such termination and without the notice required in Section 10-28-010, the public way use and any structures and appliances authorized by the public way use permit and restore the public way where disturbed by the public way use or by the removal thereof, to a proper condition under the supervision and to the satisfaction of the Commissioner of Transportation. (3) In the event of failure, neglect or refusal of the permittee to perform any of the permittee's obligations, the City may, at its option, either (i) perform such work and charge the cost to said permittee, or (ii) determine what the cost of the work shall be and bill the permittee for the cost, or combine the two methods. Immediately upon receipt of notice of such cost, the permittee shall pay the City such amount. (4) The permittee shall be responsible for and shall pay for the removal, relocation, alteration, repair, maintenance, and restoration of, City-owned structures or appliances located in or adjacent to the public way, including pavement, bridges, subways, tunnels, vaults, sewers, water mains, conduits, pipes, poles and other facilities and utilities, which are necessary or appropriate on account of the permittee's use of the public way. The Commissioner of Transportation is authorized, in the Commissioner's discretion and from time to time during the permittee's use and occupancy of the public way until the restoration of the public way, to determine the work which is or will be necessary or appropriate and the cost involved to perform such work and is authorized to collect a deposit prior to commencing any work and to charge the permittee all actual costs for causing all such work to be performed. The decision of the Commissioner of Transportation shall be final and binding. The permittee, upon receiving written notification from the Commissioner of Transportation of the required deposit or the cost of such work, shall immediately pay or deposit such amount as directed by the Commissioner. (5) The permittee shall furnish to the Department, prior to issuance of the public way use permit, proof of insurance evidencing commercial general liability coverage in an amount not less than $1,000,000.00 per occurrence, covering bodily injury, personal injury and property damage, that may result from issuance of the permit or use of the public way. The insurance shall name the City and its agents and employees as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the permittee's operations and shall also clearly indicate that the public way use being permitted is covered by the insurance policy. Every policy required shall require 30 days' advance notice to the Commissioner prior to cancellation or lapse of the policy. Proof of renewal of such insurance coverage shall be furnished to the Department no later than 30 days prior to the expiration of the policy. The insurance coverage shall be maintained at all times by the permittee until: (i) the public way use authorized by the permit is removed; (ii) the public way is restored to the satisfaction of the Commissioner of Transportation; and (iii) all fees due the City have been paid. (6) Apart from and separate from any insurance requirement under this section, the permittee shall indemnify, defend, keep and save harmless the City, its agents and employees against all claims, liabilities, judgments, costs, damages and other expenses which may in any way arise or accrue against, be charged to or recovered from the City, its agents or employees in consequence of the permission given by the public way use permit, or any act or thing done or omitted or neglected to be done by the permittee, its agents or employees in and about the construction, reconstruction, maintenance, operation, use or removal of the authorized public way uses and structures or appliances thereof, operation or restoration of the public way as required, including those arising from any personal injuries or deaths or damage or destruction of property. (f) The permit shall be valid only to the person to whom it was issued and it shall not be subject to sale, assignment, or transfer, voluntary or involuntary, except upon the approval of the Commissioner. (g) As a condition of the permit, the permittee shall keep all information current. Any change in required information shall be reported to the Department within 30 days after the change. (h) In addition to any other penalties imposed in Section 10-28-010, any person who knowingly makes any false statement, submits any false information or misrepresents any information required under this section shall be subject to Chapter 1-21. (Added Coun. J. 1-13-10, p. 83228, § 1; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 34; Amend Coun. J. 7-20-16, p. 28911, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 34; Amend Coun. J. 7-21-21, p. 33246, § 1; Amend Coun. J. 7-21-21, p. 34179, Art. VII, § 2; Amend Coun. J. 10-14-21, p. 37484, § 1)

Municipal Code of Chicago § 10-28-017 Public way use permit - Fees.

10-28-017 Public way use permit - Fees. (a) (1) No fee shall be charged for a public way use that is on or above the public way for the following: (i) In the case of a residential building, as that term is defined in Section 17-17-02146, constructed in or before 1922, a public way use that is part of the original construction and is a permanent structure of the building; provided that in the case of a mixed used building, any public way use that solely is for the use or benefit of any commercial or business activity in the building shall pay the fees as provided for in subsection (b); (ii) in the case of a landmark building, any part of the building which is on or over the public way, including a clock or light fixture if the clock or light fixture is part of the landmark designation. For purposes of this section, a landmark building shall also include any building, other than a non- contributing building in a landmark district. (2) For any public way use which is below grade level or under the public way or other public place for any building specified in subsection (a)(1) of this section, the fee shall be as set forth in subsection (b). (b) For all other public way uses not specified in subsection (a), the fees shall be as follows: Type of Public Use | Annual Fee Type of Public Use | Annual Fee (1) | balcony, bay window, bollard, permanent smoking management receptacle, door swing, light pole, flag pole, banner | $75.00 each (2) | sign | $300.00/sign 25 square feet or greater $100.00/sign less than 25 square feet (3) | awning, marquee, canopy with or without an on-premise sign | $50.00 for first 25 feet + $1.00/additional foot (4) | light fixture | $75.00 for the first fixture plus $5.00 for each additional fixture (5) | windscreen, clock, fire escape, manhole | $400.00 each (6) | barber pole | $10.00 (7) | security camera, bicycle rack, landscaping and its associated structures, portable smoking management receptacle, bench, trash container | No fee (8) | all other uses will be charged per square foot based on a formula that reflects the value of the land within the surrounding area, as established by the commissioner in rules and regulations; provided that there will be a $400.00 minimum charge for all such uses. (9) | notwithstanding the above, the total fee for a public way use permit for any combination of signs less than 25 square feet, canopies, awnings, or light fixtures at the same location, shall not exceed $175.00 for all such public way uses. For purposes of calculating the fee pursuant to this subsection (b), a sign shall not include a Sidewalk Sign, as that term is defined in Section 10-28-360, or an awning, canopy or marquee that contains an on-premise sign, as that term is defined in Section 17-17-02109. (c) A $50.00 application fee shall be charged for any application for a public way use permit for which no public way use fee is charged pursuant to this section. (Added Coun. J. 1-13-10, p. 83228, § 1; Amend Coun. J. 6-25-21, p. 31925, Art. VIII, § 2; Amend Coun. J. 7-21-21, p. 33246, § 2; Amend Coun. J. 10-14-21, p. 37484, § 2; Amend Coun. J. 11-7-22, p. 55595, Art. VI, § 1)

Municipal Code of Chicago § 10-28-020 Reserved. Editor's note – Coun. J. 1-13-10, p. 83228, § 1, repealed § 10-28-020, which pertained to the removal of street obstructions.

Municipal Code of Chicago § 10-28-030 Unlawful to place ice or snow on public way.

10-28-030 Unlawful to place ice or snow on public way. It shall be unlawful for any person to shovel or throw upon the public way any amount of ice or snow which is obstructive to the moving or parking of any vehicle or the parking of any bicycle at a bicycle parking rack or the moving of any bicycle or which impedes the normal routing of pedestrian traffic, including access to any bicycle share station, bus stop or train station or building entrance. Any person who violates this section shall be fined not less than $50.00 nor more than $500.00 for each offense, and each day such offense shall continue shall constitute a distinct and separate offense. (Prior code § 34-2.1; Added Coun. J. 4-25-85, p. 15821; Amend Coun. J. 10-28-15, p. 11951, Art. VII, § 5)

Municipal Code of Chicago § 10-28-040 Building upon public ways.

10-28-040 Building upon public ways. Except as otherwise allowed by this Code or by regulations issued by the commissioner of transportation, no person shall erect or place any building, structure, or other stationary object, in whole or in part, upon any public way or other public ground within the city. The commissioner of transportation may issue permits for the temporary placement of tables or stands on public sidewalks pursuant to regulations. The regulations promulgated by the commissioner of transportation for the placement of such temporary stands or tables shall not become effective until 30 days after notice of such regulations has been submitted to the city council and its committee having jurisdiction over privileges in the public way. Every person that violates or fails to comply with the provisions of this section or the regulations issued hereunder shall be fined not less than $50.00 and not more than $500.00 for each offense. Every day that a violation continues shall constitute a separate and distinct offense. The owner of any building, structure or object illegally placed on the public way shall also be subject to removal of the building, structure or object, at the owner's expense. Any item which is temporarily placed on the street under permit by the commissioner of the department of transportation shall have on each of its sides a reflector so that it shall not constitute a hazard to traffic and/or individuals. (Prior code § 34-3; Amend Coun. J. 2-6-91, p. 30365; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 4-16-96, p. 20800)

Municipal Code of Chicago § 10-28-045 Installation of street furniture.

10-28-045 Installation of street furniture. The chief procurement officer, in cooperation with the commissioner of transportation, is authorized to negotiate and enter into one or more contracts that authorize the installation of street furniture on the public way, including but not limited to, benches, newspaper stands, kiosks, information booths and shelters. The chief procurement officer shall enter into such contracts only when the chief procurement officer and the commissioner determine that the contracts are in the public interest based upon the following considerations: (1) The extent to which the street furniture will serve the convenience or safety of the public; (2) The extent to which the street furniture will enhance the esthetic appeal of the streetscape; (3) The ability of the contractor to place, install and maintain street furniture of suitable design and quality, and to perform other obligations under the contracts; (4) The ultimate financial cost or economic benefit to the city from the contract; and (5) The degree of participation of minority and women-owned businesses in the contract to the extent that preferences for such businesses are permitted by law. The chief procurement officer is authorized to issue requests for proposals or requests for qualifications whenever the chief procurement officer or the commissioner determines that such requests are necessary for purposes of this section. Any contract entered into pursuant to this section shall be subject to approval as to form and legality by the corporation counsel. Any street furniture on the public way authorized pursuant to this section shall not require the issuance of a public way use permit pursuant to Section 10-28-010. (Added Coun. J. 6-9-99, p. 5442; Amend Coun. J. 7-19-00, p. 38206, § 1; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 1-13-10, p. 83228, § 1)

Municipal Code of Chicago § 10-28-046 Installation of city digital signs.

10-28-046 Installation of city digital signs. The chief financial officer, in cooperation with the commissioner of transportation, is authorized to enter into a coordinated city digital sign program agreement that authorizes the installation of city digital signs on or projecting into the public way. Any city digital signs on or projecting into the public way authorized pursuant to this section shall not require the issuance of a public way use permit pursuant to Section 10-28-010 or payment of a public way use fee pursuant to Section 10-28-017. (Added Coun. J. 12-12-12, p. 44485, § 7)

Municipal Code of Chicago § 10-28-050 Maintenance of stands.

10-28-050 Maintenance of stands. Except as specifically permitted by this Code or when authorized by contract entered into by the chief procurement officer in cooperation with the commissioner of transportation pursuant to Section 10-28-045, it shall be unlawful for any person to erect, place or maintain in, upon or over any public way or other public place in the city, any fruitstand, shoeshining stand, flower stand, vegetable stand, lunch wagon, table, box, bin or any other arrangement or structure for the display or sale of goods, wares or merchandise, or for the pursuit of any occupation whatsoever unless a permit for the same shall be obtained from the commissioner of business affairs and consumer protection or the commissioner of transportation; provided, that the commissioner of business affairs and consumer protection shall issue no such permits except for the purpose of operating a produce stand by a produce merchant, as provided in Section 10-28-060 of this chapter, and provided that the commissioner of transportation shall issue no such permits except for the purpose of exhibiting for sale daily newspapers, within such districts as are or have been designated by the city council.* (Prior code § 34-4; Amend Coun. J. 11-30-94, p. 62597; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1; Amend Coun. J. 6-6-12, p. 28654, § 3; Amend Coun. J. 11-19-14, p. 98037, § 13) * Editor's note – Ordinances designating such districts are on file in the city clerk's office.

Municipal Code of Chicago § 10-28-060 A produce stand on the public way program.

10-28-060 A produce stand on the public way program. (a) A produce stand on the public way program ("program") is hereby created as provided in this section. (b) The following definitions shall apply for purposes of this section: (1) "Area underserved by grocery stores" has the meaning ascribed to that term in Section 4-8-010 of this Code. (2) "Commissioner" means the commissioner of business affairs and consumer protection. (3) "Department" means the department of business affairs and consumer protection. (4) "Produce" has the meaning ascribed to that term in Section 4-8-010 of this Code. (5) "Produce stand" has the meaning ascribed to that term in Section 4-8-010 of this Code. (c) It shall be unlawful for any person to erect or operate any produce stand on the public way without first obtaining a public way use permit from the department as provided herein. (d) (1) The commissioner is authorized to issue a public way use permit for operating a produce stand at locations designated pursuant to subsection (d)(2) of this section. (2) The commissioner of planning and development, in consultation with the commissioner of business affairs and consumer protection and the commissioner of transportation, is authorized to designate by rule up to 50 locations in the city where public way use permits may be issued for operating produce stands. In designating such locations the commissioner of planning and development shall consider such factors, as determined by rule, that would help to determine appropriate locations for operating produce stands on the public way, including, but not limited to, any one or more of the following: (i) the proximity of the location to public transit stations; (ii) the amount of pedestrian traffic in the location; or (iii) the proximity of the location to an area underserved by grocery stores, or the existence of the location in an area underserved by grocery stores. (3) If the commissioner determines that there are more qualified applicants for a public way use permit to operate a produce stand on the public way than the maximum number of available public way locations specified in this subsection, the commissioner shall conduct a lottery or other neutral process for allocating permits among qualified applicants as set forth by rules promulgated by the commissioner. No applicant may possess more than 15 permits at one time. (e) An application for a public way use permit for a produce stand shall be made to the department and shall include the following: (i) the name and address of the applicant: (ii) verification that the applicant is licensed as a mobile food vendor to engage in a produce merchant business or has applied for such license; (iii) the location or proposed location of such produce stand; (iv) the types of produce that will be sold from the stand; (v) the days and times the stand will be operating; (vi) a statement verifying that the applicant will conduct at least 33 percent of his produce merchant business within areas underserved by grocery stores, as defined in Section 4-8-010 of this Code; (vii) a statement that such permit will be accepted subject to the conditions and provisions thereof and subject to the conditions and provisions of all laws and ordinances affecting the maintenance of such produce stand now or hereafter in effect; and (viii) any other information or supporting material required by the commissioner that is reasonably necessary to determine compliance with this Code and all applicable rules and regulations, including plans, drawings and photographs of the applicant's proposed produce stand. (f) The commissioner shall forward a copy of an application for a public way use permit for a produce stand to the commissioner of transportation and the commissioner of planning and development within three business days after receipt of the application. The commissioner shall not issue a public way use permit for a produce stand unless the commissioner of transportation and the commissioner of planning and development approve the application. In addition, the issuance of a public way use permit for the operation of a produce stand shall be dependent on the issuance of a valid mobile food vendor license to engage in a produce merchant business. (g) The commissioner shall deny or revoke a public way use permit for operating a produce stand if: (i) the granting of the public way use is not in the best interest of the public, would have a deleterious impact on the neighborhood, or would create a nuisance either on the public way or in the surrounding area; (ii) the design of, or materials used in, the public way use does not comport with the quality or character of the existing streetscape; (iii) the use interferes with or impedes the flow of pedestrian or vehicular traffic, or ingress or egress from any surrounding building, the use of any pole, traffic signs or signals, hydrants, mailboxes or other objects located near the location of the proposed use; or (iv) the applicant makes any false statements, submits any false information or misrepresents any information required under this section. (h) A public way use permit for operating a produce stand shall be issued for a one year period from the time of its issuance. The fee for each public way use permit to operate a produce stand shall be $75.00 per year, and the fee shall not be prorated. (i) A public way use permit for operating a produce stand shall be subject to all of the following requirements: (1) The permit shall be valid only to the person to whom it was issued. (2) As a condition of the permit, the permittee shall keep all information current. Any change in required information shall be reported to the department within 30 days after the change. (3) As a condition of the permit, the commissioner may enter into a written agreement with the permittee pertaining to the use of the public way for operating a produce stand. (4) The issuance of the permit shall be subject to the requirements of Section 10-28-015(e) of this Code. (j) In addition to all the requirements applicable to a produce merchant, the following requirements shall apply to operating a produce stand on the public way: (1) All produce stands located on the public way must leave six feet of public way unobstructed for pedestrian passage. (2) Any produce stand operating on the public way shall not be greater than 6.5 feet long, 3.5 feet wide, and 8 feet high. (k) The commissioner shall have power to adopt rules as may be necessary or useful for the proper administration and enforcement of this program, including rules pertaining to the maintenance and appearance of produce stands on the public way. (l) Advertisements may be displayed on produce stands operating on the public way as provided by rules and regulations adopted by the commissioner. (Added Coun. J. 6-6-12, p. 28654, § 3; Amend Coun. J. 7-25-12, p. 31326, § 3; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 21, and Art. II, § 4; Amend Coun. J. 11-19-14, p. 98037, § 19; Amend Coun. J. 12-9-15, p. 15481, § 6; Amend Coun. J. 7-20-16, p. 28718, § 5) Editor's note – Coun. J. 1-13-10, p. 83228, § 1, repealed a former § 10-28-060, which pertained to barber poles and temporary signs.

Municipal Code of Chicago § 10-28-064 Signs prohibited in the public way.

10-28-064 Signs prohibited in the public way. Except as specifically permitted by Article VII of Chapter 10-28 of this Code, or by another duly enacted ordinance, or when authorized by contract entered into by the Chief Procurement Officer in cooperation with the Commissioner of Transportation pursuant to Section 10-28-045, or by contract entered into by the Chief Financial Officer and approved by the City Council pursuant to Section 10-28-046, no person shall place, install or knowingly maintain on the surface of the public way any sign or a structure or device to which such a sign is affixed. Any such sign, structure or device that is placed, installed or maintained on the public way in violation of this section is hereby declared a public nuisance and may be removed at any time by the Commissioner of Business Affairs and Consumer Protection at the expense of the person responsible for the violation. Any person who violates this section shall be subject to a fine of not less than $200.00 and not more than $500.00 for each offense. Each day that such violation occurs shall be considered a separate offense. (Prior code § 34-5.1; Added Coun. J. 7-12-90, p. 18399; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 11-30-94, p. 62597; Amend Coun. J. 4-16-97, p. 42736; Amend Coun. J. 6-9-99, p. 5442; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 11-8-12, p. 38872, § 185; Amend Coun. J. 12-12-12, p. 44485, § 7; Amend Coun. J. 5-6-15, p. 108095, § 1; Amend Coun. J. 6-25-21, p. 31925, Art. VIII, § 2)

Municipal Code of Chicago § 10-28-066 Reserved. Editor's note – Coun. J. 6-25-21, p. 31925, Art. VIII, § 2, repealed § 10-28-066, which pertained to advertising sign – defined.

Municipal Code of Chicago § 10-28-070 Storage of goods on public ways.

10-28-070 Storage of goods on public ways. (a) (1) Except as otherwise specifically permitted by this Code, no person shall use any public way for the storage of personal property, goods, wares or merchandise of any kind. Nor shall any person place or cause to be placed in or upon any public way, any barrel, box, hogshead, crate, package or other obstruction of any kind, or permit the same to remain thereon longer than is necessary to convey such article to or from the premises abutting on such sidewalk. (2) For the purpose of receiving or delivering merchandise, no person shall occupy more than four (4) feet of the outer edge of the sidewalk in front of the store or building where such merchandise is being received or delivered. (3) No person engaged in the business of repossessing motor vehicles of any type shall store or park any such repossessed vehicle on the public way. Any person violating any provision of this subsection (a)(3) shall be subject to a fine of $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. (b) Except as otherwise provided in this section, any person violating any of the provisions of this section shall be subject to a fine of not less than $50.00 nor more than $250.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. (Prior code § 34-6; Amend Coun. J. 3-9-05, p. 44132, § 1; Amend Coun. J. 5-9-07, p. 105047, § 17; Amend Coun. J. 6-6-12, p. 28654, § 3; Amend Coun. J. 5-28-14, p. 81917, § 4)

Municipal Code of Chicago § 10-28-075 Fences and landscape elements in a parkway - Requirements.

10-28-075 Fences and landscape elements in a parkway - Requirements. (a) For the purpose of this section, "parkway" has the same meaning ascribed to that term in Section 10-32-010. (b) In addition to any other applicable legal requirements, it shall be unlawful for any person to place a fence, or other solid landscape element that rises above two inches in height from the ground, in a parkway within eighteen inches of the street side face of the curb. (c) The Commissioner of Transportation shall have authority to provide exceptions from the prohibition in this section in cases where the Commissioner determines that it is in the best interests of the City that fencing or solid landscaping be placed within the parkway, including, but not limited to, for construction purposes or the installation of tree pit grates and infiltrating planters. (d) This section does not apply to any fence or other solid landscape element that the City installs in the parkway nor to sidewalk cafes that are permitted by the City under Article XII of Chapter 10-28 of this Code. (e) Any person who violates this section shall be fined not less than $50.00 nor more than $500.00 for each offense, and each day such offense continues shall constitute a distinct and separate offense. (f) The Commissioner of Transportation is authorized to adopt rules for the proper administration and enforcement of this section. (Added Coun. J. 10-14-21, p. 37479, § 1) Editor's note – Coun. J. 1-13-10, p. 83228, § 1, repealed a former § 10-28-075, which pertained to grants of privilege in the public way.

Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2651508Fetched: 10/24/2026