Record #: O2021-4756   
Type: Ordinance Status: Passed
Intro date: 10/14/2021 Current Controlling Legislative Body: Committee on Budget and Government Operations
Final action: 10/27/2021
Title: Amendment of Municipal Code Titles 2, 6, 9 and 10 (2022 Municipal Code Corrections Ordinance)
Sponsors: Lightfoot, Lori E.
Topic: MUNICIPAL CODE AMENDMENTS - Title 2 - City Government & Administration - Ch. 14 Dept. of Administrative Hearings, MUNICIPAL CODE AMENDMENTS - Title 2 - City Government & Administration - Ch. 45 Dept. of Housing and Economic Development, MUNICIPAL CODE AMENDMENTS - Title 2 - City Government & Administration - Ch. 80 Community Commission for Public Safety and Accountability, MUNICIPAL CODE AMENDMENTS - Title 2 - City Government & Administration - Ch. 92 Dept. of Purchases, Contracts & Supplies, MUNICIPAL CODE AMENDMENTS - Title 2 - City Government & Administration - Ch. 112 Dept. of Public Health, MUNICIPAL CODE AMENDMENTS - Title 2 - City Government & Administration - Ch. 120 Commissioners & Commissions, MUNICIPAL CODE AMENDMENTS - Title 6 - Worker Protections - Ch. 105 Chicago Minimum Wage and Paid Sick Leave Ordinance, MUNICIPAL CODE AMENDMENTS - Title 9 - Vehicles, Traffic & Rail Transportation - Ch. 68 Restricted Parking-Permits & Regulations, MUNICIPAL CODE AMENDMENTS - Title 9 - Vehicles, Traffic & Rail Transportation - Ch. 114 Public Passenger Vehicles other than Taxicabs, MUNICIPAL CODE AMENDMENTS - Title 10 - Streets, Public Ways, Parks, Airports & Harbors - Ch. 28 Structures On & Under Public Ways, MUNICIPAL CODE AMENDMENTS - Title 10 - Streets, Public Ways, Parks, Airports & Harbors - Ch. 32 Trees, Plants & Shrubs
Attachments: 1. O2021-4756.pdf




OFFICE OF THE MAYOR
CITY OF CHICAGO
LORI F. LIGHTFOOT
MAYOR

October 14, 2021










TO THE HONORABLE. THE CITY COUNCIL OF THE CITY OF CHICAGO


Ladies and Gentlemen:

At the request ofthe Budget Director, I transmit herewith the 2022 Municipal Code Corrections Ordinance.

Your favorable consideration of this ordinance will be appreciated.


Very truly yours.

















CODE CORRECTION ORDINANCE"
WHEREAS, The City of Chicago is a home rule unit of government as defined in Article VII, Section 6(a) of the Illinois Constitution; and

WHEREAS, As a home rule unit of government, the City of Chicago may exercise any power and perform any function pertaining to its government and affairs; and

WHEREAS, From time to time, provisions ofthe Municipal Code are identified as being obsolete, erroneous, unworkable, or otherwise in need of correction; and

WHEREAS, Maintaining an up-to-date and accurate Municipal Code is a matter pertaining to the government and affairs of the City of Chicago; now, therefore,

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

SECTION 1. Section 2-14-132 ofthe Municipal Code of Chicago is hereby amended by adding the language underscored, and by deleting the language struck through, as follows:
2-14-132 Impoundment.

(Omitted text is not affected by this ordinance)

(b) (1) (A) Within ten days after a vehicle is seized and impounded the Department of Streets and Sanitation or other appropriate department shall notify by certified mail the owner of record (other than a lessee who does not hold title to the vehicle), the person who was found to be in control of the vehicle at the time of the alleged violation, and any lienholder of record, of the owner's right to request a hearing before the Department of Administrative Hearings to challenge whether a violation of this Code for which seizure and impoundment applies has occurred or, if the impoundment is pursuant to Section 9-92-035, whether the subject vehicle is eligible for impoundment under that section. In the case where an owner of record is a lessee who does not hold title to the vehicle, the notice shall be mailed to such lessee within ten days after the department of stroots and sanitation Dopartmont of Administrative Hearings Department of Streets and Sanitation receives a copy or other satisfactory evidence of the vehicle lease or rental agreement, indicating the name, address, and driver's license number of the lessee pursuant to subsection (i). However, no such notice need be sent to the owner of record if the owner is personally served with the notice within ten days after the vehicle is seized and impounded, and the owner acknowledges receipt of the notice in writing. A copy of the notice shall be forwarded to the Department of Administrative Hearings. The notice shall state the penalties that may be imposed if no hearing is requested, including that a vehicle not released by payment of the penalty and fees and remaining in the City pound may be sold or disposed of by the City in accordance with applicable law.

(Omitted text is not affected by this ordinance)


SECTION 2. Section 2-45-040 ofthe Municipal Code of Chicago is hereby amended by adding the language underscored, and by deleting the language struck through, as follows:

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2-45-040 Commissioner of Planning and Development - Powers and duties.
The Commissioner has the authority to:
(1) develop and administer programs and policies to encourage and promote
the retention and expansion of existing commercial and industrial businesses within the
-¦ City, and the attraction of new businesses to the City, and to encourage and promote workforce development.
It shall be the duty of the Commissioner to post the Tax Increment Financing (T.I.F.) documents required by Section 2-45-155 on the Department's website.
Tho Commissionor has tho authority to administer workforce development programs that will:
(4) (A) include a citywide service delivery system which responds to employer needs; and
(2)(B) cultivate public and private relationships that increase employment opportunities for Chicagoans and prepare Chicagoans for the global workplace.
Tho Commissionor shall also havo authority to expend legally available funds for the purpose of assisting the Chicago Housing Authority in maintaining and improving its property, including but not limited to, property repairs and rehabilitation, purchase and installation of fencing and other security measures and devices, nuisance abatement, playground construction and other site improvements. The Commissioner may enter into cooperative agreements with the Chicago Housing Authority when performing his powers under this section. Such agreements shall not authorize the use of City funds for purposes of demolition or major capital projects.
The Department may act as agent for the City in the management, demolition, site preparation and disposition of any property acquired pursuant to Chapter 2-124 or otherwise and may, subject to such approval ofthe City Council as the Code requires, sell surplus land pursuant to Chapters 2-158 and 2-159 of this Code.
It shall bo tho duty of tho The Commissioner shall have the duty to:

supervise and coordinate the formulation and execution of projects and programs affecting the present and future physical and social environment of the City to the extent they relate to zoning and land use planning, including industrial development and growth, development of the City's central and outlying business areas, development of culture and art, redevelopment, employment opportunities, public transportation, streets and expressways, parks and recreation, airports and harbors, water and sewers, libraries, education, the environment, healthy and the preservation of historical areas and landmarks;
keep and permanently maintain on file for public inspection a bound copy ofthe Chicago Historic Resources Survey published in 1996;
upon receipt by the landmarks division, post any application for a demolition permit submitted pursuant to Section 14A-4-407.6 on the City of Chicago website for a period of at least 120 days after the application is approved or denied by the Department of Buildings;
conduct research and demographic studies;
(5) create, maintain^ and expand plans for the City of Chicago;
review and recommend necessary amendments to the Chicago Zoning Ordinance;
' exercise the powers and duties of the Commissioner as provided in the Chicago Zoning Ordinance;
render necessary services, as requested, to the Mayor and to the City Council and its committees;
(9) post the Tax Increment Financing (T.I.F.) documents required by Section
2-45-155 on the Department's website; and
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(9) (10) adopt such rules as the Commissioner may deem necessary or appropriate forthe proper administration and enforcement of this Chapter 2-45 and the provisions of this Code pertaining to the rights, powers, duties, obligations^ and responsibilities of the Department.
(b) (d) The powers and duties in this section that are also conferred upon the
Commissioner and Department of Housing, including but not limited to the authority to promulgate rules governing the same subject matter, shall, to the extent feasible, be carried out in consultation and coordination with that Department in order to promote consistency, efficiency^ and effectiveness.


SECTION 3. Section 2-45-160 ofthe Municipal Code of Chicago is hereby amended by deleting the language stricken through and by inserting the language underscored, as follows:
2-45-160 Redevelopment agreement and reporting requirements for Cook County tax incentive classifications.

(Omitted text is unaffected by this ordinance)

(d) Beginning August 1, 2021, each applicant who has received City approval of a tax incentive classification shall submit to the Department an annual report no later than August 1 of each year, which shall include:

(Omitted text is unaffected by this ordinance)

(2) A jobs report providing anonymized information on each employee, including their status as full-time or part-time; the ZIP code of the employee's primary residency; and the employee's total employment tenure in months; and a statement of whothor tho omployoo's wages aro abovo or below a "Baso Wago" as defined by Section 2-92-610;
(Omitted text is unaffected by this ordinance)


SECTION 4. Section 2-80-040 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through, as follows:
2-80-040 Commission - Composition And Qualifications.

(Omitted text is unaffected by this ordinance)

(d) An interim Commission shall be established to carry out the powers and duties outlined in Section 2-80-050 until the regular Commission is appointed following the first District Council elections. The interim Commission shall be composed of seven commissioners. The Chicago City Council Committee on Committees and Rules shall nominate 14 people for consideration by the Mayor for appointment to the interim Commission. All nominees must meet the qualifications outlined in 2-80-040(b). At least four ofthe nominees shall reside on the North Side of Chicago and have resided on the North Side of Chicago for at least 365 days immediately preceding their nomination; at east four nominees shall reside on the South Side of Chicago and have resided on the South Side of Chicago for at least 365 days immediately preceding their nomination; and at least four nominees shall reside on the West Side of Chicago and have resided on the West Side of Chicago for at least 365 days immediately preceding their
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nomination. By December 1, 2021, the Committee on Committees and Rules shall by majority vote approve the list of 14 nominees and submit the list to the Mayor for consideration.
By January 1, 2022, the Mayor shall appoint seven members to the interim Commission from the list of nominees approved and submitted by the Committee on Committees and Rules. At least two ofthe interim Commissioners shall reside on the North Side of Chicago and have resided on the North Side of Chicago for at least 365 days immediately preceding their nomination; at least two of the interim Commissioners shall reside on the South Side of Chicago and have resided on the South Side of Chicago for at least 365 days immediately preceding their nomination; and at least two of the interim Commissioners shall reside on the West Side of Chicago and have resided on the West Side of Chicago for at least 365 days immediately preceding their nomination.
If there is a vacancy on the interim Commission, within 30 days of the creation of the vacancy, tho four Committoo Chairmon and the Committee on Committees and Rules shall use the process described above to nominate two people for consideration by the Mayor. Within 30 days after the Committee on Committees and Rules submits to the Mayor a list of nominees, the Mayor shall select a person to fill the vacancy on the interim Commission.
Interim Commissioners shall serve until their successors take office following the first District Council elections. Interim Commissioners can be removed for Just Cause pursuant to Section 2-80-040(e).

(Omitted text is unaffected by this ordinance)


SECTION 5. Section 2-80-160 ofthe Municipal Code of Chicago is hereby amended by adding the language struck through, as follows:
2-80-160 Budget And Staffing.
The appropriations forthe Commission and District Councils, collectively, shall be determined by the City Council as part ofthe annual City budget process, but shall not be less than 0.22 percent of the annual appropriation of all non-grant funds forthe Department contained in the annual appropriation ordinance for that fiscal year.
The City Council shall appropriate funds sufficient for the Commission and District Councils to perform their functions and duties as set forth in this section, including, at minimum: budgeting forthe Executive Director, who shall administer the affairs of the Commission and District Councils, staff to oversee and support the day-to-day operations ofthe Commission, adequate legal and policy analysis staff, staff to analyze trends and patterns related to COPA's investigative jurisdiction, staff to oversee and support the Commission's interaction with residents across Chicago, staff to oversee the day-to-day operations of and to provide direct support to each of the District Councils, and staff to ensure that youth actively participate in District Council activities. The City Council shall appropriate funds sufficient to provide for such administrative and support staff as may be necessary forthe efficient operation of the Commission and District Councils.
No later than November 1 ,2021, and subject to the availability of duly appropriated funds, the Commission shall be staffed by adequate numbers of personnel to competently and thoroughly carry out its duties.


SECTION 6. Section 2-92-320 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through, as follows:


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2-92-320 Ineligibility for city transactions - Other offenses.
(a) No person or business entity shall participate in a transaction as defined herein, and may have its current transactions permanently or temporarily suspended or canceled, if that person or business entity:

(Omitted text is unaffected by this ordinance)
has made an admission of guilt of such conduct described in (1) or (2) above which is a matter of record but has not been prosecuted for such conduct; or
has violated Section 2 92 610; or
(Omitted text is unaffected by this ordinance)


SECTION 7. Section 2-112-010 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through, as follows:
2-112-010 Establishment and composition.
There is hereby established an executive department of the municipal government ofthe City which shall be known as either the Department of Public Health of the City of Chicago or the Department of Health ofthe City of Chicago. The Department shall be administered by a Commissioner of Public Health, who shall be either be a physician, duly licensed in Illinois, or have an advanced degree in a field related to public health and professional experience in public health administration or hospital administration. Ifthe Commissioner is not a physician, at least one deputy commissioner of the Department shall be a physician, duly licensed to practice in Illinois. The Commissioner, and one or more deputy commissioners, shall be appointed by the Mayor.


SECTION 8. Section 2-120-150 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through and adding the underscored language, as follows:
2-120-150 Powers and duties.
It shall be the duty ofthe Board of Health to be well informed regarding all matters affecting the health ofthe citizens of Chicago. It shall advise, in a manner prescribed by the rules forms and protocols of the Board of Health, the Mayor and the Commissioner of Public Health on all issues affecting the health of the citizens of Chicago.
The Board of Health is authorized to adopt procedures for its meetings and to develop forms and protocols governing the issuance of findings and recommendations.


SECTION 9. Section 6-105-020 ofthe Municipal Code of Chicago is hereby amended by deleting the language struck through, as follows:
6-105-020 Minimum hourly wage.
(a) Except as provided in Sections 2-92-610 and 6-105-030 of this Code, every Employershall pay to each Covered Employee for each hour of work performed for that Employer, no less than the greater of: (1) the minimum hourly Wage set by the Minimum Wage Law; (2) the minimum hourly Wage set by the Fair Labor Standards Act; or (3) the City's minimum hourly Wage.

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(Omitted text is unaffected by this ordinance)


SECTION 10. Section 9-68-020 of the Municipal Code of Chicago is hereby amended by deleting the language struck through, as follows:
9-68-020 Residential parking permits.

(Omitted text is unaffected by this ordinance)

(d) (44. Froo floating vehicle parking permits—General. Upon application and
payment of tho roquirod foo, and up to a limit of 500, tho City Clerk or tho Clerk's designee shall issue froo floating vohiclo parking permits, as defined undor Section 9 103 010, to froo floating vehiclos displaying a current City whool tax license emblem. Such free-floating vehicle parking permits shall be affixed in a location and manner that tho City Clerk shall specify by rulo. This permit shall not guarantee or resorvo any parking spaco, nor shall it exempt tho holder from tho observance of any traffic or parking regulation.
Froo floating vohiclos—Torm. Tho City Clerk shall issue a froo floating
vohiclo parking permit for tho duration ofthe Froo-Floating Vehicle Provider Pilot Program.
Free-floating vohiclos—Vehicle typo. A froo floating vohiclo parking
permit shall only bo issuod for use on a vohiclo classified as a "froo floating vehicle", as dofinod in Section 9 103 010.
Freo> floating vehicles—Fee. The foo for a free-floating vohiclo parking
permit forthe pilot program shall be $75 for oach parking permit.
{§) Freo floating vohiclos—Fine—Revocation. If the Froo Floating Vehicle
Provider Pilot Program terminates, the froo-floafing vehicle parking permits issuod undor this subsection (d) shall be revoked and any froo floating vohiclo parking permits shall coaso to bo valid and shall bo romovod by tho pormittoo from tho vohiclo to which it is assigned. Any porson who fails to remove a froo-f loafing vehiclo parking permit as roquirod by this subsection shall bo fined not loss than $200.00 nor more than $500.00 for oach offense. Each day that a violation continues shall constitute a soparato and distinct offonso.
(§) Sunset. Subsections (d)(1)—(4) shall be repealed of their own accord,
and shall havo no forcoand effect, upon tho termination of tho Froo Floating Vohiclo Provider Pilot Program.

(Omitted text is unaffected by this ordinance)


SECTION 11. Chapter 9-114 of the Municipal Code of Chicago is hereby amended by deleting the language struck through and by inserting the language underscored, as follows:
9-114-010 Definitions.
The following definitions shall apply for purposes of this chapter:
(Omitted text is unaffected by this ordinance)

"Place of business in the City of Chicago" means: (1) a location within the City where the City may send, and the licensee shall accept, notices of hearing or other notices from the City; (2) and a location within the City where a licensee maintains its business and financial records relating to the licenses involved.

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"Principal place of business in the City of Chicago" moans: (1) a location within tho City whoro tho City may sond, and tho liconsoo shall accopt, notices of hearing or othor notices from tho City; and (2) a location within tho City whore a licensee maintains its business and financial records relating to tho licenses involved.

(Omitted text is unaffected by this ordinance)

9-114-040 Qualifications for license.
(a) In order to qualify for a license, whether upon initial application or upon application for renewal of a license:
an applicant shall be in compliance with all City, State of Illinois and Federal laws, and the provisions of this chapter; and
an applicant shall have a place of business in the City of Chicago:
i. with respect to any corporate applicant, the corporation shall be
organized or qualified to do business under the laws of Illinois and have a place of business in
the City of Chicago; or
ii. with respect to a partnership applicant, the partnership shall have its
principal a place of business in the City of Chicago; or

(Omitted text is unaffected by this ordinance)


SECTION 12. Article XIV of Chapter 10-28, a curbside cafe permit pilot program which ran from January 1, 2016, to December 1, 2017, and self-repealed on the latter date, is hereby removed from the Municipal Code of Chicago.


SECTION 13. Section 10-32-220 ofthe Municipal Code of Chicago is hereby amended by deleting the language stricken through and by inserting the language underscored, as follows:
10-32-220 Required parkway trees - Planting standards.
Any person required to plant parkway trees pursuant to the provisions of Section 194A-§t43 17-11-0100 ofthe city's zoning code City's Zoning Code shall do so in compliance with the following conditions:

(Omitted text is unaffected by this ordinance)


SECTION 14. This ordinance shall take effect upon its passage and approval.












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