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USE OF SUBSIDEWALK SPACE (10-28-450 et seq.)

Municipal Code of Chicago tit. 10, ch. 10-28, art. IX
in effect

Municipal Code of Chicago § 10-28-450 Permit required.

10-28-450 Permit required. (a) For purposes of Sections 10-28-450 through and including 10-28-580, the following definitions apply: "Public way use permit", "subsidewalk space use" and "subsidewalk space" have the same meaning ascribed to those terms in Section 10-28-010. (b) Any subsidewalk space use by a person shall require a public way use permit. It shall be the duty of the owner of the property which abuts the public way or other public place to obtain the public way use permit for subsidewalk space use. Nothing in this section shall authorize any person to make an opening in, or construct or repair any pavement in the public way or other public place unless such person holds a public way work license if such a license is required by Chapter 10-20 of this Code. Unless otherwise provided in this Article IX, the provisions of Sections 10-28-010 through and including 10-28-017 shall be applicable to public way use permits for subsidewalk space use. (c) An application for a public way use permit for subsidewalk space use shall be made in accordance with Section 10-28-015 and the fees for such use shall be as set forth in Section 10-28-017. The commissioner of business affairs and consumer protection shall forward a copy of an application for subsidewalk space use to the commissioner of transportation within three days after receipt of the application. (d) The number, location, size, construction and maintenance of all coalholes, trapdoors or other openings in the public ways and the construction and maintenance of all vaults shall be under the direction and subject to the approval of the commissioner of business affairs and consumer protection. (e) No public way use permit shall be issued for the use of any space under the surface of the roadway of any public way or other public place. (Prior code § 34-36; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 12-15-99, p. 21529, § 6; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 5-9-07, p. 105047, § 17; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 1-13-10, p. 83228, § 1)

Municipal Code of Chicago § 10-28-480 Interference with sewers or water pipes.

10-28-480 Interference with sewers or water pipes. No person shall use the space under any such sidewalk in such a manner as to interfere with any sewer or water pipe or any other work lawfully in said public way, unless by the express consent of the commissioner of transportation and no public way use permit shall be granted until the applicant has paid to the city a sum of money sufficient in the judgment of the commissioner of water management to defray the cost and expense of renewing or rebuilding or relaying such sewer or water pipe or other public work and making the necessary connections therewith. Every such person disturbing any such sewer or water pipe or any other public work shall, within ten days thereafter, restore the same to such condition as will meet the approval of the commissioner of water management. When the commissioner of water management certifies that such sewer, water pipe, or other public work is so restored, the sum so paid to the city shall be refunded. If the permittee shall fail to so restore such sewer or water pipe or other public work, then the commissioner of water management shall cause the same to be restored in a manner meeting his approval, and the cost thereof shall be paid out of said deposit. (Prior code § 34-39; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 12-4-02, p. 99026, § 1.11; Amend Coun. J. 1-13-10, p. 83228, § 1)

Municipal Code of Chicago § 10-28-500 Conveyance of premises.

10-28-500 Conveyance of premises. Any person issued a public way use permit for subsidewalk space use and who has conveyed his interest in the premises for which said permit is issued, shall notify the commissioner of business affairs and consumer protection, in writing, of the said conveyance and shall furnish, in writing, the name and address of the purchaser thereof. Upon the giving of such notice to the commissioner of business affairs and consumer protection, the conveyor or the purchaser may apply to the commissioner of transportation for a permit to close up any coalhole, trapdoor or other opening maintained in said sidewalk in a condition similar to the balance of the sidewalk in front of said premises. If the purchaser of the premises wishes to continue to use the subsidewalk space, he or she shall apply for a public way use permit. Nothing in this section shall authorize any person to make an opening in, or construct or repair any pavement in the public way or other public place unless such person holds a public way work license if such a license is required by Chapter 10-20 of this Code. (Prior code § 34-41; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 12-15-99, p. 21529, § 6; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 1-13-10, p. 83228, § 1)

Municipal Code of Chicago § 10-28-510 Cancellation of previous permit.

10-28-510 Cancellation of previous permit. Any person issued a public way use permit for subsidewalk space use who wishes to cancel or terminate the permit shall notify the commissioner of business affairs and consumer protection in writing and the commissioner shall cancel the permit, but the required insurance shall remain in full force and effect 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. (Prior code § 34-42; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 1-13-10, p. 83228, § 1)

Municipal Code of Chicago § 10-28-520 Covers over openings.

10-28-520 Covers over openings. Every opening in any vault or coalhole or aperture in the sidewalk over such coalhole or vault shall be covered with a substantial iron plate with a rough surface to prevent crashes, and the entire construction of coalholes and vaults shall be subject to the direction and supervision of the commissioner of transportation or such other person as the city council may designate. No person shall remove or insecurely fix, or cause, or procure, or permit to be removed or to be insecurely fixed so that the same can be moved in its bed, any grate or covering of any coalhole, vault, or chute under any public way or other public place; provided, that nothing herein contained shall prevent the owner or occupant of the building with which such coalhole, vault, or chute shall be connected from removing the grate or covering for the proper purpose of such opening, in case he encloses such opening or aperture, and keeps the same enclosed while such grate or covering shall be removed, with a strong box or curb at least 24 inches high, firmly and securely made; provided further, that he shall not remove such grate or covering until after sunrise of any day and shall replace such grate or covering before one- half hour after sunset. It shall be unlawful for any person owning or using any coalhole, sidewalk lift, outside stairway, or other opening in any public sidewalk to allow the same to remain uncovered or opened, except while the same is actually being used for the purpose of entrance or exit or for the purpose of introducing or removing any article through such opening; and it shall be unlawful to use a sidewalk lift, or trap door, between the hours of 7:30 a.m. and 9:00 a.m., also between 11:30 a.m. and 1:30 p.m., and between 5:00 p.m. and 7:00 p.m.; and in the area bounded on the east by the west line of Michigan Avenue, on the south by the south line of Van Buren Street, on the west by the east line of Wacker Drive, and on the north by the south line of Wacker Drive, it shall be unlawful to use any sidewalk lift or trapdoor which serves any building which has access by means of an adjacent alley between the hours of 8:00 a.m. and 6:00 p.m. weekdays, Monday through Friday except New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day; and it shall be unlawful to use any sidewalk lift or trapdoor which serves any building which has no access by means of an adjacent alley between the hours of 8:00 a.m. and 9:00 a.m., also between 11:30 a.m. and 1:30 p.m. and between 4:30 p.m. and 6:00 p.m. weekdays, Monday through Friday, except New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Sidewalk lifts or trapdoors excepted by permits issued by the commissioner of transportation are exempt from the provisions of this section. Any person violating this provision shall be fined not less than $10.00 nor more than $200.00 for each offense. (Prior code § 34-43; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 5-4-94, p. 49718; Amend Coun. J. 11-17-21, p. 41319, Art. VI, § 1)

Municipal Code of Chicago § 10-28-530 Structural safety.

10-28-530 Structural safety. If a vault, coalhole or other space under a public sidewalk, or opening in a sidewalk, becomes hazardous to pedestrian traffic or to other public or private property, the commissioner of transportation may fill in and permanently seal the underground space and restore the sidewalk. If the property abutting the sidewalk is devoted to commercial, industrial or business use, the owner and person in possession of the property abutting the sidewalk shall be responsible for the cost of such work. (Prior code § 34-44; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 5-4-94, p. 49718)

Municipal Code of Chicago § 10-28-540 Care of sidewalks.

10-28-540 Care of sidewalks. Every person using the space under any sidewalk shall at his own expense and at all times keep such sidewalk in good and safe condition and repair and clear and free from all snow, ice, dirt, filth or other obstructions or encumbrances. All such repairing and cleaning shall be done in accordance with the regulations of the department of transportation. The Commissioner of Business Affairs and Consumer Protection, upon recommendation of the Commissioner of Transportation, shall order the revocation of the permit for failure to comply with any provision of this section. Revocation shall be in addition to any fines assessed. (Prior code § 34-45; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 6-14-95, p. 2841; Amend Coun. J. 12-15-99, p. 21529, § 6; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 11-9-16, p. 36266, § 9)

Municipal Code of Chicago § 10-28-550 Cesspool and explosives under sidewalk.

10-28-550 Cesspool and explosives under sidewalk. No cesspool shall be constructed or located for use, or kept or operated, and no explosive substance or flammable oil or substance shall be stored or kept for any purpose under any sidewalk, and no excavation shall be ventilated into the public ways unless the aperture or ventilating hole or opening shall be securely covered as herein provided. (Prior code § 34-46)

Municipal Code of Chicago § 10-28-560 Liability for damages.

10-28-560 Liability for damages. The owner and the person in possession of the abutting premises, in front of which a coalhole or vault is constructed, shall be held jointly responsible to the city for any and all damages to persons or property in consequence of any defect in the construction of such vault or coalhole, or for allowing the same, or any portion thereof, to remain out of repair, and such owner shall be required to keep such vault or coalhole, its walls and coverings, in good order at all times. The owner and the person in possession of any premises abutting on such a coalhole or vault shall be held jointly responsible to the city for any and all damages occasioned to persons or property in consequence of the aperture in the sidewalk being left exposed and uncovered, or in consequence of the covering thereof being left insecure or unfastened. (Prior code § 34-47)

Municipal Code of Chicago § 10-28-570 Revocation of permits.

10-28-570 Revocation of permits. A public way use permit for subsidewalk space use may be denied, revoked or canceled for any reason set forth in Section 10-28-015. (Prior code § 34-48; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 12-15-99, p. 21529, § 6; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 5-9-07, p. 105047, § 17; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 1-13-10, p. 83228, § 1)

Municipal Code of Chicago § 10-28-575 Vault space.

10-28-575 Vault space. (a) Every user of vault space, that is located under the public way and that has an area of at least 30 square feet and that is deeper than three feet below the surface grade of the public way, shall cause the vault to be inspected periodically under the certification of a licensed engineer. Vaults within the central business district, as defined in Chapter 9-4 of this Code, shall be inspected annually; vaults outside the central business district shall be inspected no less than once every three years. Required inspections shall be conducted at the vault user's expense. The user of the vault shall maintain records of inspections under this section for a period of three years, and shall make the records available for review by the department of transportation, the department of business affairs and consumer protection and the department of buildings on demand during regular business hours. (b) If the inspection indicates the need for any repairs, alterations or other work, the vault user shall prepare a written report indicating the following: the location of the vault; the purpose for which the vault is used; the date of commencement of the work; the date of completion of the work; the nature of the work; and the name and address of each contractor performing any portion of the work. The report shall be filed with the department of transportation, the department of business affairs and consumer protection and the department of buildings in accordance with rules issued by those departments. In preparing the rules, those departments shall consider the purpose for which the vault space is used, the nature of equipment or items stored in a space, the proximity of vault space to the public way, and other factors that may affect public safety. (c) Any vault user who fails to obtain a required inspection, or who fails to maintain inspection records or file a required inspection report, or who provides false or misleading information in an inspection report, shall be subject to a fine of not less than $200.00 and not more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. (Added Coun. J. 2-9-94, p. 45320; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5)
Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2651936Fetched: 10/24/2026

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