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Record #: O2019-336   
Type: Ordinance Status: Passed
Intro date: 1/23/2019 Current Controlling Legislative Body: Committee on License and Consumer Protection
Final action: 3/13/2019
Title: Amendment of Municipal Code Chapter 10-8 to further regulate posting and distribution of commercial advertising matter
Sponsors: Reilly, Brendan
Topic: MUNICIPAL CODE AMENDMENTS - Title 10 - Streets, Public Ways, Parks, Airports & Harbors - Ch. 8 Use Of Public Ways & Places
Attachments: 1. O2019-336.pdf
Committee on License and Consumer Protection City Council Meeting January 23, 2019 Alderman Brendan Reilly, 42nd Ward Amend Section 10-8-270 of the Municipal Code

ORDINANCE


BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:


SECTION 1. Section 10-8-270 of the Municipal Code of Chicago is hereby amended by deleting the language stricken through and by inserting the language underscored, as follows:
10-8-270 Distribution of commercial advertising matter on the public way.
It shall be unlawful for any person to distribute or to cause others to distribute, as defined in Section 10-8-325{d}, commercial advertising matter, as defined in Section 10-8-320(a) of any kind on any public way or other public place of the eity Cjty in any manner other than from hand to hand.
It shall be unlawful for any person to distribute or to cause others to distribute, as defined in Section 10-8-325(d). commercial advertising matter, as defined in Section 10-B-320(a), of any kind on any public way or other public place of the eity City, by distributing more than one handbill item per recipient except upon the recipient's express request for additional items.
Any person violating who violates subsection (a) of this section shall be fined not less than $200.00 er nor more than $1,000.00 for each offense., and any Any person violating who violates subsection (b) of this section shall be fined not less than $25.00 Of nor more than $50.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. There shall be a rebuttable presumption that any person, business or entity whose goods, services, or activities are promoted in the any commercial advertising matter distributed in violation of this section is a person who distributed it the commercial advertising matter or caused others to distribute it to be distributed.


SECTION 2. Section 10-8-271 of the Municipal Code of Chicago is hereby amended by deleting the language stricken through and by inserting the language underscored, as follows:
10-8-271 Distribution of commercial advertising matter on private property.
(a) It shall be unlawful for any person to distribute or te cause others to distribute, as defined in Section 10-8-325(d). commercial advertising matter, as defined in Section 10-8-320(a). of any kind on the premises of any residential dwelling in the eity City in such a manner that the commercial advertising matter does or reasonably could: (1) interfere with any security mechanism, or (2) cause any safety hazard, or (3) make a hole, remove paint or otherwise damage the surface of any structure or object where the commercial advertising material matter is placed. Unlawful methods of distribution include7 but are not limited tc^i (i) hanging commercial advertising matter on the doorknob of any entrance door or gate,
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(ii) placing or wedging commercial advertising matter into or underneath any entrance door in such a manner that it interferes or could interfere with the door locking, (iii) leaving a stack of commercial advertising matter on the premises, or (4){jyl using a method of delivery that causes or reasonably could cause the commercial advertising matter to become dislodged and blown away or otherwise deposited by the elements upon any sidewalk, street, alley or other public place or private residence within the eity City. The distribution of commercial advertising matter shall not be unlawful under this section subsection if: (A) the commercial advertising matter is placed in the hands of its intended recipient, or (B) '4 the owner or manager of the premises has posted express written consent authorizing the distribution of commercial advertising matter on the premises, or (C) if the commercial advertising matter is placed in a specific location, where it is unlikely to be dislodged by the elements, designated by the property owner or manager for the receipt of such matter. This section shall apply only to commercial advertising matter.
It shall be unlawful for any person to distribute or to cause others to distribute, as defined in Section 10-8-325{d), commercial advertising matter, as defined in Section 10-6-320(a). of any kind on any private property in the eity Citv where the owner, occupant or manager of the property has posted a "No Trespassing" or "No Soliciting" sign or a substantial equivalent thereof that is located so as to be clearly visible to the person wishing to distribute commercial advertising matter at or near that portion of the property.
Any person violating any of the provisions of who violates this section shall be fined not less than $200.00 er nor more than $1,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. There shall be a rebuttable presumption that any person, business or entity whose goods, services, or activities are promoted in the any commercial advertising matter distributed in violation of this section is a person who distributed it the commercial advertising matter or caused others to distribute it to bo dictributed.


SECTION 3. Section 10-8-310 of the Municipal Code of Chicago is hereby amended by deleting the language stricken through and by inserting the language underscored, as follows:
10-8-310 Placing commercial advertising matter in automobiles prohibited - Prohibited.
(a) No person shall distribute or cause others to distribute, as defined in Section 10-8-325{d), circulars, handbills, folders or other commercial advertising matter, as defined in Section 10-8-320(a). by means of handing them such commercial advertising matter to the occupants of automobiles operated or standing in the public way, or by placing or thrusting such circulars, handbills, foldorc or othor commercial advertising matter into or upon or under the windshield wiper of an unoccupied automobile standing in the public way.
(Jb) Any person violating any of the provisions of who violates this section shall be fined not less than $200.00 nor more than $1,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. There shall be a rebuttable presumption that any person, business or entity whose goods, services, or activities are promoted in the anv commercial advertising matter distributed in violation of this section is a person who distributed it the commercial advertising matter or caused others to distribute it to be distributed.



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SECTION 4. Section 10-8-320 of the Municipal Code of Chicago is hereby amended by deleting the language stricken through and by inserting the language underscored, as follows:
10-8-320 Posting bills commercial advertising matter on public property - Prohibited.
(a} "Commercial advertising matter" means anv written material that proposes or promotes, in whole or in part, or directly or indirectly: (1) anv exchange of goods or services by a for-profit or not-for-profit business for valuable consideration: or (2) anv activity that reguires a license under Titles 4 or 9 of this Code: or (3) anv activity that: (i) is open to members of the general public, and (ii) requires the payment of money or other valuable consideration, including but not limited to anv cover charge, door entry fee, admission fee, minimum purchase reguirement. donation, or other compensation or revenue, for the privilege of entering the premises or the portion of such premises where such activity is occurring or will occur. Written material shall be deemed to constitute commercial advertising matter of the type that proposes or promotes an exchange of goods or services for valuable consideration if such material bears the name of or contact information for a business or entity, or. absent the name of or contact information for a business or entity, bears a design, picture, symbol, catchphrase or slogan that is associated with a business or entity or its goods, services, or activities. The term "commercial advertising matter" shall not include: (i) informational material produced or distributed bv a unit of government, or (ii) material solely offering a reward for lost property or announcing a neighborhood block party.
ar(b) No person shall distribute or cause others to distribute, as defined in Section 10-8-325{d), commercial advertising matter material by means of posting, sticking, stamping, tacking, painting or otherwise fixing any such matter sign, notice, placard, bill, card, poster, advertisemont or other device calculated to attract the attention of the public, to or upon any: (1) sidewalk, crosswalk, curb or curbstone, flagstone or any other portion or part of any public way, lamppost, electric light, traffic light, telegraph, telephone or trolley line pole, hydrant, shade tree or tree-box, or upon {2} the piers, columns, trusses, girders, railings, gates or parts of any public bridge or viaduct, or upen-any (3) pole box or fixture of the police and fire communications system, or (4) bus shelter, except such as may be unless such distribution is required by the laws of the state and the State or ordinances of the eity City., or on anv bus shelter. exeeet Provided, however, that the city may allow the posting of decorative banners may be placed on City lightpoles in accordance with Section 10-8-340 below
brie) There shall be a rebuttable presumption that any person, business or entity whose goods, services, or activities are promoted in the any commercial advertising matter distributed in violation of this section is a person who distributed it the commercial advertising matter or caused others to distribute it to be diotributod.
67(d) In addition to anv other penalty provided bv law. Am anv person violating-any of the provisions of who violates this section shall be fined not less than $200.00 nor more than $1,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

dr(e) In addition, ony Anv person violating any of the provisions of who violates this section shall also be liable to the eity Citv for the cost of repair of any damage caused by the hanging, presence or removal of any 6uch sign commercial advertising matter distributed in violation of this section and for any and all claims arising out of the hanging, presence or removal of any such sign commercial advertising matter distributed in violation of this section, including
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any claims relating to signs commercial advertising matter, or the structures upon which they aro the commercial advertising matter is hung,, falling on people or property.


SECTION 5. Section 10-8-325 of the Municipal Code of Chicago is hereby amended by deleting the language stricken through and by inserting the language underscored, as follows:
10-6-325 Responsibility for distribution of commercial advertising matter.
Any person who distributesT or causes to be distributed others to distribute, as defined in subsection (d) of this section, any commercial advertising matter, as defined in Section 10-8-320(a). promoting hi6. her or it's good6, services, or activities; on the public way or other public place or on the premises of any private property in the city is required to Citv shall: (1) prior to distributing such commercial advertising matter, place on such commercial advertising matter. the city business license number for the business promoted, in a manner and size that is clear and legible, the business's license number on all commercial advertising matter-prior to any 6uch distribution: provided, however. that7 this requirement shall apply only to those businesses which are required by law to obtain a eity business license under this Coder: and (2) provide each person hired or requested to distribute commercial advertising matter on hie, hor or its behalf of such business with: (0 a summary or copy of tho requirements for lawful distribution of commercial advertising matter, set forth in Sections 10-8-270,10-8-271,10-8-310, and 10-8-320xof thisCodo, to train thooo poroono on complying and (ii) training on how to comply with ouch requirements those sections^ and (3) require 6uch compliance each person hired or reguested to distribute commercial advertising matter to comply with Sections 10-8-270. 10-8-271. 10-8-310. and 10-8-320.
Any In addition to anv other penalty provided bv law, anv person violating any of the provisions of who violates this section shall be fined not less than $200.00 or nor more than $1,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
The department of businocs affaire and consumer protection Commissioner of Business Affairs and Consumer Protection ("BACP Commissioner") is authorized to suspend or revoke, in accordance with Section 4-4-280 or other applicable license suspension or revocation procedures, any person's city business license issued under Titles 4 or 9 of this Code for violations of any of tho proviciono of this section^orof Sections 10-8-270,10-8-271,10-8-310, and or 10-8-320A of this Codo or of anv rule promulgated thereunder, if where: (1) the licensee is found liable for three or more such violations, in anv combination, within a 12-month period, or (2) the commi66ionor of streets and sanitation Commissioner of Streets and Sanitation recommends such license suspension or revocation to the department BACP Commissioner based on for one or more such violations deemed egregious by such commissioner the Commissioner of Streets and Sanitation.
When used in this section or in Sections 10-8-270, 10-8-271, 10 8 272, 10-8-310, and 10-8-320 of this Code, the term "distribute or cause others to distribute" shall refer exclusively to the actions of the person,, or business or entity: (1) whose goods, services or activities are promoted by the commercial advertising material matter, or who is in the business of distributing the material commercial advertising matter described in those sections; and (2) who initiated or directed the distribution. The terms term "distribute or cause others to distribute" shall not refer to
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the actions of the persons anv person who is hired or requested to distribute commercial advertising matter but havinĀ§ who has no ownership or managerial interest in the business or entity whose goods, services or activities are being advertised promoted bv the commercial advertising matter or distributed or in the distribution business distributing the commercial advertising matter on behalf of such business or entity.


SECTION 6. This ordinance shall take full force and effect upon its passage and publication.


































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