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SUBSTITUTE

ORDINANCE
AS AMENDED

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


SECTION 1. Section 2-28-030 of the Municipal Code of Chicago is hereby amended by
deleting the language stricken through and by inserting the language underscored, as follows:
2-28-030 Commissioner – Powers and duties.
The duties and powers of the commissioner shall be as follows:
(a) To organize standing or special committees of the advisory board to
assist the board in its advisory capacity;
(b) To administer the city art programs, including the authority to: (i) enter
into cooperative agreements with other governmental entities and not-for-profit organizations for
purposes of administering the public art program Public Art Program (Article II of Chapter 2-92),
and (ii). adopt rules governing the registration, identification, and protection of art, artwork as
defined in the Public Art Program, and graffiti as defined in Section 7-28-065;
(Omitted text is unaffected by this ordinance)

SECTION 2. Section 7-28-065 of the Municipal Code of Chicago is hereby amended by


deleting the language stricken through and by inserting the language underscored, as follows:
7-28-065 Graffiti removal – Nuisance abatement.
(a) As defined in this section, graffiti that is unregistered is hereby declared to be a
public nuisance. The owner of record, or the person in charge, possession or control of any
building or structure upon which graffiti is placed or affixed shall, upon the appearance of the
graffiti: (i) cause such graffiti to be removed or concealed or (ii) place on file a written statement
authorizing the presence of the graffiti at the office of the commissioner of the department of
streets and sanitation register the graffiti according to rules promulgated by the Commissioner
of Cultural Affairs and Special Events. Whenever any nuisance in the form of unregistered
graffiti shall be found on any building or other structure, the dDepartment of sStreets and
sSanitation, or its agent or contractor shall attempt to obtain consent from the owner for the
city's City’s graffiti removal services. If such attempt to contact the owner is not successful, the
dDepartment of Streets and Sanitation shall post a notice in a prominent place upon the building
or structure where the unregistered graffiti is found which shall state that, if the unregistered
graffiti is not removed or concealed or if a written statement authorizing the presence of the
graffiti is not filed with the commissioner registered according to the rules within five days after
the notice is posted, excluding Saturdays, Sundays and legal holidays, the dDepartment of
Streets and Sanitation or its agent or contractor shall have authority to enter or access the
property and abate the nuisance by removing or concealing the unregistered graffiti.
(b) Nothing in this section shall prevent the city City from taking any other
enforcement action authorized by law.
(c) “Graffiti” means an inscription, drawing, mark or design that is etched, painted,
sprayed or drawn directly upon the exterior of any building or other structure and is visible from
the public way; provided that, graffiti shall not include any sign permitted by the Zoning Code or
any decoration that is part of the architectural design of the building or structure.

SECTION 3. Section 11-4-2190 of the Municipal Code of Chicago is hereby amended by


deleting the language stricken through and by inserting the language underscored, as follows:
11-4-2190 Sandblasting, grinding and chemical washing of buildings, facilities or other
structures; permit and notification requirements; performance standards for lead paint
abatement; and disposal of debris.
The owner(s) of any building, facility or other structure to be sandblasted, ground, or
chemically washed and any contractor or other person retained or otherwise authorized by the
owner(s) to perform any sandblasting, grinding or chemical washing of any building, facility or
other structure shall be responsible for complying with the following requirements:
(a) Permits required for sandblasting, grinding or chemical washing of buildings,
facilities or other structures. No person shall sandblast, grind or chemically wash any building,
facility, structure, statue or other architectural surface without having first been issued a permit
by the department Department; provided, however, no permit shall be required for graffiti
removal activities conducted by the department Department of streets Streets and sanitation
Sanitation. Before undertaking graffiti removal, the Department shall consult the graffiti registry
compiled by Department of Cultural Affairs and Special Events to ensure the graffiti is not
registered in accordance with Section 7-28-065. A permit shall be required for each individual
building, facility, structure, statue or other architectural surface.
(1) Minimum requirements: Applications for sandblasting, grinding or
chemical wash permits shall be in such form as shall be prescribed by the commissioner. The
owner(s) of the building, facility, structure, statue or other architectural surface to be
sandblasted, ground or chemically washed shall sign the permit application as co-permittees
with any contractor or other person retained or otherwise authorized by the owner(s) to perform
the sandblasting, grinding or chemical washing operation. At a minimum, every such application
for a permit to sandblast, grind or chemically wash a building, facility, structure, statue or other
architectural surface shall include the following information:
(Omitted text is unaffected by this ordinance)
(iv) A sworn statement signed by each applicant that discloses
whether the sandblasting, grinding or chemical washing operation will occur on painted or
unpainted surfaces. If the sandblasting, grinding or chemical washing operation will occur on
painted surfaces, the sworn statement shall include a representation that the applicants have
complied with the laboratory testing and dust minimization requirements set forth in Subsection
(d) of this section and have consulted the graffiti registry compiled by the Department of Cultural
Affairs and Special Events to ensure the surface is not registered with the Department in
accordance with Section 7-28-065;
(Omitted text is unaffected by this ordinance)
(b) Notification to occupants within the building. At least 48 hours prior to the
commencement of any sandblasting, grinding or chemical washing, the permittees shall provide
notice of the sandblasting, grinding or chemical washing operation to all the occupants of the
building to be sandblasted, ground or chemically washed. Said notice shall be in writing and
shall be by mail or otherwise and shall include the name, address and telephone number of the
person performing the sandblasting, grinding or chemical washing; the address where the
sandblasting, grinding or chemical washing will occur; the estimated start date for the
sandblasting, grinding or chemical washing; and the estimated duration of the sandblasting,
grinding or chemical washing operation. In addition, the written notice shall also be
conspicuously posted in the common area of the building and shall have attached to it a copy of
the permit and permit application. This notice shall be in addition to the notice required in
Section 7-28-065.
(Omitted text is unaffected by this ordinance)

SECTION 4. Section 13-20-550 of the Municipal Code of Chicago is hereby amended by


inserting the language underscored, as follows:
13-20-550 Permits required.
(Omitted text is unaffected by this ordinance)
(e) Notwithstanding the provisions of this section to the contrary, a sign permit is not
required to erect, maintain, install, alter, repair or enlarge an art mural that contains no business
name, logo, slogan, trademark, social media identifier or other business identification in the
mural itself. If the mural meets the definition of “graffiti” in Section 7-28-065(c), it may be
registered pursuant to Section 7-28-065. Any art mural that contains a business name, logo,
slogan, trademark, social media identifier or other business identification, including business
sponsorship, in the mural itself shall be considered a sign and shall be subject to the provisions
of this Code regarding sign permits. Furthermore, any business name, logo, slogan, trademark,
social media identifier or other business identification that is physically outside of the mural is
subject to the provisions of this Code regarding sign permits.
(Omitted text is unaffected by this ordinance)

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

__________________________________
Brian Hopkins
Alderman, 2nd Ward