Record #: O2021-4151   
Type: Ordinance Status: Failed to Pass
Intro date: 9/14/2021 Current Controlling Legislative Body: Committee on Special Events, Cultural Affairs and Recreation
Final action: 5/24/2023
Title: Amendment of Municipal Code Chapter 10-8 to further regulate requirements for parade, athletic event, outdoor special event and film production permit applications
Sponsors: Dowell, Pat, King, Sophia D.
Topic: MUNICIPAL CODE AMENDMENTS - Title 10 - Streets, Public Ways, Parks, Airports & Harbors - Ch. 8 Use Of Public Ways & Places
Attachments: 1. O2021-4151.pdf
Related files: R2023-766

ORDINANCE

 

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

 

SECTION 1. Section 10-8-330 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through, and inserting the language underscored, as follows:

 

10-8-330 Parade.

 

(Omitted text is unaffected by this ordinance)

 

(f) The commissioner shall investigate the facts set out in the application, in consultation with the police department, which shall be sent copies of the application immediately upon receipt. Where the commissioner determines that additional information on the factors set forth in subsection (g)(1) - (5) is required, copies of the application and a request for such information also shall be sent to any appropriate city department or other governmental agency, including any sister agency. Where the commissioner determines that any such entities may need to make advance preparations forthe parade, or may have information useful to planning for city services supporting the event, a copy of the permit or an alternative form of notice shall be sent to the appropriate city department, and any governmental agency, including any sister agency, which may be affected by the parade.

 

Upon receiving a parade permit application, the^Fhe commissioner shall send a copy of each parade permit such application to the alderman ofthe ward or wards in which the parade is to be held, with a request for a recommendation based anv information on the factors set forth in subsection (g)(1) - (3), and a copy of the grant or denial of a parade permit. The commissioner shall afford the applicable aldermen a reasonable time period prior to issuing a parade permit for such aldermen to respond in writing with specific recommendations, if any. The commissioner may not grant or deny a parade permit prior to receiving the recommendation from the applicable aldermen or the expiration of such reasonable time period, whichever occurs first.

 

Anv objection from an alderman recommending disapproval of a permit application must state the specific reasons for the recommendation, which reasons shall be consistent with an applicant's constitutional rights contained in the First, Fifth, and Fourteenth Amendments to the United States Constitution, and Sections 2 and 4 of Article I ofthe Illinois Constitution of 1970.

 

Every February 1st and August 1st, the commissioner shall send to the police department and the city council committees on special events, cultural affairs and recreation and transportation and public way a list of all parade permits granted which have not previously been reported.

 

(Omitted text is unaffected by this ordinance)

 

 

SECTION 2. Section 10-8-332 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through, and inserting the language underscored, as follows:

 

10-8-332 Athletic event.

 

(Omitted text is unaffected by this ordinance)

 

 

(e) The Commissioner shall investigate the facts set out in the application, in consultation with the Department of Police and other appropriate City departments and sister agencies, which shall be sent copies ofthe application immediately upon receipt. Where the Commissioner determines that additional information on the factors set forth in subsection (f)(1) - (7) is required, copies of the application and a request for such information also shall be sent to any appropriate City department or other governmental agency, including any sister agency. Where the Commissioner determines that any such entities may need to make advance preparations for the athletic event, or may have information useful to planning for City services supporting the event, a copy of the permit or an alternative form of notice shall be sent to the appropriate City departments, and any other governmental agency, including any sister agency which may be affected by the athletic event.

 

Upon receiving an athletic event permit application, the^Fhe Commissioner shall send a copy of each such athletic event permit application to the alderman of the ward or wards in which the athletic event is to be held, with a request for a recommendation based anv information on the factors set forth in subsection (f)(4^—(3), and a copy of the grant or denial of a athletic event permit. The commissioner shall afford the applicable aldermen a reasonable time period prior to issuing an athletic event permit for such aldermen to respond in writing with specific recommendations, if any. The commissioner may not grant or deny an athletic event permit prior to receiving the recommendation from the applicable aldermen or the expiration of such reasonable time period, whichever occurs first.

 

Any objection from an alderman recommending disapproval of a permit application must state the specific reasons for the recommendation, which reasons shall be consistent with an applicant's constitutional rights contained in the First, Fifth, and Fourteenth Amendments to the United States Constitution, and Sections 2 and 4 of Article I ofthe Illinois Constitution of 1970.

 

Every February 1st and August 1st, the Commissioner shall send to the Department of Police and the City Council committees on special events, cultural affairs and recreation and transportation and public way a list of all athletic event permits granted which have not previously been reported.

 

(Omitted text is unaffected by this ordinance)

 

 

SECTION 3. Section 10-8-335 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through, and inserting the language underscored, as follows:

 

10-8-335 Outdoor special events.

 

(Omitted text is unaffected by this ordinance)

 

(e) Upon receiving a special event permit application, the Commissioner shall send a copy of each such application to the alderman of the ward or wards in which the special event is to be held, with a request for a recommendation based on the factors set forth in subsection (f). The commissioner shall afford the applicable aldermen 10 business days for such aldermen to respond in writing with specific recommendations, if any. The commissioner may not grant or deny a special event permit prior to the later of: (i) receiving the recommendation from the applicable aldermen; (ii) the expiration of such 10-business day period; or (iii) receiving the report of the committee on special events, cultural affairs and recreation, if applicable.

 

 

Within three business days after an application for a special event permit is filed with the department, the department shall deliver a copy ofthe application to the alderman ofthe ward in which the special event is to take place and to the city council committee on special events, cultural affairs and recreation or its successor committee. Within five-10 business days after an alderman receives a copy of an application for a permit under this section, the alderman may request the committee to conduct a hearing on the permit application. Such request may be made only when the alderman finds that the hearing will be useful in determining whether the application complies with the requirements of this chapter. Within two business days after the committee receives such request, the chairman ofthe committee shall notify the department ofthe scheduled hearing. In such case the department shall take no final action to approve or deny the application before the committee issues a report under this section or before the time during which a report may be issued under this subsection expires, whichever is earlier. At a hearing conducted under this subsection all interested persons, including the applicant, community residents and representatives of community groups, shall be given an opportunity to be heard. The committee shall also accept any relevant written testimony or documentation regarding the proposed special event.

After conducting such hearing, the committee may issue a report summarizing the issues that were addressed at the hearing and recommending approval or denial ofthe application. Any such report must be filed with the department not later than 25-20 business days after the application was received by the alderman.

The committee's report on the permit application shall be based solely on the criteria described in subsection (f).

 

Any objection from an alderman or committee report recommending disapproval of a permit application must state the specific reasons for the recommendation, which reasons shall be consistent with an applicant's constitutional rights contained in the First, Fifths and Fourteenth Amendments to the United States Constitution, and Sections 2 and 4 of Article I of the Illinois Constitution of 1970.

 

(Omitted text is unaffected by this ordinance)

 

 

SECTION 4. Section 10-8-337 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through, and inserting the language underscored, as follows:

10-8-337 Film production permit.

(Omitted text is unaffected by this ordinance)

(d) Film production permit - Processes and fees.

(Omitted text is unaffected by this ordinance)

(2) Permit issuance - Prohibited when. A permit under this section may be denied if the CDOT Commissioner, in consultation with the Chicago Film Office, determines that: (i) the date, place, timeA or manner of filming of the film production event will have an adverse impact on the public way or on the public health or safety; and (ii) no feasible alternative date, place, timei or manner of filming exists capable of mitigating such adverse impact. Upon receiving an application for a film production permit, the CDOT Commissioner shall send a copy of each such application

 

 

to the alderman of the ward or wards in which the film production event is to be held, with a request for a recommendation based on the factors set forth in this subsection. The CDOT commissioner shall afford the applicable aldermen a reasonable time period prior to issuing a film production permit for such aldermen to respond in writing with specific recommendations, if any. The CDOT commissioner may not grant or deny a film production permit prior to receiving the recommendation from the applicable aldermen or the expiration of such reasonable time period, whichever occurs first. Anv objection from an alderman recommending disapproval of a permit application must state the specific reasons for the recommendation, which reasons shall be consistent with an applicant's constitutional rights contained in the First, Fifth, and Fourteenth Amendments to the United States Constitution, and Sections 2 and 4 of Article I of the Illinois Constitution of 1970.

 

 

(Omitted text is unaffected by this ordinance)

 

 

SECTION 5. This ordinance shall take effect upon passage and publication.

 

PAT DOWELL Alderman, 3rd Ward

 

 

ORDINANCE

 

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

 

SECTION 1. Section 10-8-330 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through, and inserting the language underscored, as follows:

 

10-8-330 Parade.

 

(Omitted text is unaffected by this ordinance)

(f) The commissioner shall investigate the facts set out in the application, in consultation with the police department, which shall be sent copies of the application immediately upon receipt. Where the commissioner determines that additional information on the factors set forth in subsection (g)(1) - (5) is required, copies of the application and a request for such information also shall be sent to any appropriate city department or other governmental agency, including any sister agency. Where the commissioner determines that any such entities may need to make advance preparations for the parade, or may have information useful to planning for city services supporting the event, a copy of the permit or an alternative form of notice shall be sent to the appropriate city department, and any governmental agency, including any sister agency, which may be affected by the parade.

 

Upon receiving a parade permit application, the-T-he commissioner shall send a copy of each parade permit such application to the alderman ofthe ward or wards in which the parade is to be held, with a request for a recommendation based any information on the factors set forth in subsection (g){4}—(3), and a copy of the grant or denial of a parade permit. The commissioner shall afford the applicable aldermen a reasonable time period prior to issuing a parade permit for such aldermen to respond in writing with specific recommendations, if any. The commissioner may not grant or deny a parade permit prior to receiving the recommendation from the applicable aldermen or the expiration of such reasonable time period, whichever occurs first.

 

Anv objection from an alderman recommending disapproval of a permit application must state the specific reasons for the recommendation, which reasons shall be consistent with an applicant's constitutional rights contained in the First, Fifth, and Fourteenth Amendments to the United States Constitution, and Sections 2 and 4 of Article I ofthe Illinois Constitution of 1970.

 

Every February 1st and August 1st, the commissioner shall send to the police department and the city council committees on special events, cultural affairs and recreation and transportation and public way a list of all parade permits granted which have not previously been reported.

 

(Omitted text is unaffected by this ordinance)

 

 

SECTION 2. Section 10-8-332 of the Municipal Code of Chicago is hereby amended by deleting the language struck through, and inserting the language underscored, as follows:

 

10-8-332 Athletic event.

 

(Omitted text is unaffected by this ordinance)

 

 

(e) The Commissioner shall investigate the facts set out in the application, in consultation with the Department of Police and other appropriate City departments and sister agencies, which shall be sent copies of the application immediately upon receipt. Where the Commissioner determines that additional information on the factors set forth in subsection (f)(1) - (7) is required, copies of the application and a request for such information also shall be sent to any appropriate City department or other governmental agency, including any sister agency. Where the Commissioner determines that any such entities may need to make advance preparations for the athletic event, or may have information useful to planning for City services supporting the event, a copy of the permit or an alternative form of notice shall be sent to the appropriate City departments, and any other governmental agency, including any sister agency which may be affected by the athletic event.

 

Upon receiving an athletic event permit application, the-T-he Commissioner shall send a copy of each such athletic event permit application to the alderman of the ward or wards in which the athletic event is to be held, with a request for a recommendation based anv information on the factors set forth in subsection (f)(4)—(3), and a copy of the grant or denial of a athletic event gefmlt. The commissioner shall afford the applicable aldermen a reasonable time period prior to issuing an athletic event permit for such aldermen to respond in writing with specific recommendations, if anv. The commissioner may not grant or deny an athletic event permit prior to receiving the recommendation from the applicable aldermen or the expiration of such reasonable time period, whichever occurs first.

Anv objection from an alderman recommending disapproval of a permit application must state the specific reasons for the recommendation, which reasons shall be consistent with an applicant's constitutional rights contained in the First, Fifth, and Fourteenth Amendments to the United States Constitution, and Sections 2 and 4 of Article I ofthe Illinois Constitution of 1970.

 

Every February 1st and August 1st, the Commissioner shall send to the Department of Police and the City Council committees on special events, cultural affairs and recreation and transportation and public way a list of all athletic event permits granted which have not previously been reported.

(Omitted text is unaffected by this ordinance)

 

 

SECTION 3. Section 10-8-335 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through, and inserting the language underscored, as follows:

 

10-8-335 Outdoor special events.

 

(Omitted text is unaffected by this ordinance)

 

(e) Upon receiving a special event permit application, the Commissioner shall send a copy of each such application to the alderman of the ward or wards in which the special event is to be held, with a reguest for a recommendation based on the factors set forth in subsection (f). The commissioner shall afford the applicable aldermen 10 business days for such aldermen to respond in writing with specific recommendations, if any. The commissioner may not grant or deny a special event permit prior to the later of: (i) receiving the recommendation from the applicable aldermen; (ii) the expiration of such 10-business day period; or (iii) receiving the report ofthe committee on special events, cultural affairs and recreation, if applicable.

 

 

Within three business days after an application for a special event permit is filed with the department, the department shall deliver a copy of the application to the alderman of the ward in which the special event is to take place and to the city council committee on special events, cultural affairs and recreation or its successor committee. Within f4ve-10 business days after an alderman receives a copy of an application for a permit under this section, the alderman may request the committee to conduct a hearing on the permit application. Such request may be made only when the alderman finds that the hearing will be useful in determining whether the application complies with the requirements of this chapter. Within two business days after the committee receives such request, the chairman ofthe committee shall notify the department ofthe scheduled hearing. In such case the department shall take no final action to approve or deny the application before the committee issues a report under this section or before the time during which a report may be issued under this subsection expires, whichever is earlier. At a hearing conducted under this subsection all interested persons, including the applicant, community residents and representatives of community groups, shall be given an opportunity to be heard. The committee shall also accept any relevant written testimony or documentation regarding the proposed special event.

After conducting such hearing, the committee may issue a report summarizing the issues that were addressed at the hearing and recommending approval or denial ofthe application. Any such report must be filed with the department not later than 25-20 business days after the application was received by the alderman.

The committee's report on the permit application shall be based solely on the criteria described in subsection (f).

 

Any objection from an alderman or committee report recommending disapproval of a permit application must state the specific reasons for the recommendation, which reasons shall be consistent with an applicant's constitutional rights contained in the First, FifthA and Fourteenth Amendments to the United States Constitution, and Sections 2 and 4 of Article I of the Illinois Constitution of 1970.

 

(Omitted text is unaffected by this ordinance)

 

 

SECTION 4. Section 10-8-337 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through, and inserting the language underscored, as follows:

10-8-337 Film production permit.

(Omitted text is unaffected by this ordinance)

(d) Film production permit - Processes and fees.

(Omitted text is unaffected by this ordinance)

(2) Permit issuance - Prohibited when. A permit under this section may be denied if the CDOT Commissioner, in consultation with the Chicago Film Office, determines that: (i) the date, place, timeA or manner of filming of the film production event will have an adverse impact on the public way or on the public health or safety; and (ii) no feasible alternative date, place, timeA or manner of filming exists capable of mitigating such adverse impact. Upon receiving an application for a film production permit, the CDOT Commissioner shall send a copy of each such application

 

 

to the alderman of the ward or wards in which the film production event is to be held, with a request for a recommendation based on the factors set forth in this subsection. The CDOT commissioner shall afford the applicable aldermen a reasonable time period priorto issuing a film production permit for such aldermen to respond in writing with specific recommendations, if any. The CDOT commissioner may not grant or deny a film production permit prior to receiving the recommendation from the applicable aldermen or the expiration of such reasonable time period, whichever occurs first. Anv objection from an alderman recommending disapproval of a permit application must state the specific reasons for the recommendation, which reasons shall be consistent with an applicant's constitutional rights contained in the First, Fifth, and Fourteenth Amendments to the United States Constitution, and Sections 2 and 4 of Article I of the Illinois Constitution of 1970.

 

 

(Omitted text is unaffected by this ordinance)

 

 

SECTION 5. This ordinance shall take effect upon passage and publication.