Chapter 8 - Public Ways
Division 1 - General Provisions

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SEC. 8.1-1 SUPERVISION. All public ways shall be under the supervision of the Director of Public Works. The Director shall have supervision over all work thereon and the cleaning thereof.

SEC. 8.1-2 PUBLIC WAYS. As used in this Chapter, public ways shall mean all right-of-ways dedicated to or owned by the Town and includes but is not limited to public streets, alleys, sidewalks, parkways, or easements.

SEC. 8.1-3 CONSTRUCTION. It shall be unlawful, for any person except a contractor or subcontractor employed by the Town, to conduct any construction of any type, including sidewalks, on any public way or repair the same without having first secured a permit therefor. Applications for such permits shall be made to the Department of Public Works and shall state the locations of the intended pavement or repair, the extent thereof, and the person or firm who is to do the actual construction. (Amended 6/4/74)

SEC. 8.1-4 PLANS AND SPECIFICATIONS. Each application shall be accompanied by a complete set of plans and specifications for the proposed construction, or reconstruction, and anything incidental thereto.

SEC. 8.1-5 ISSUANCE OF PERMITS. The Director of Public Works shall have responsibility for issuance of permits for construction in any public way. Such permits shall be issued upon compliance with the provisions contained in this Division and Division 2 of this Chapter. Such permits shall be subject to the same terms and conditions provided in Division 2 of this Chapter.

SEC. 8.1-6 BOND. Each applicant, other than a contractor or subcontractor employed by the Town directly, shall file a bond with surety to be approved by the Corporation Counsel conditioned to indemnify the Town for any loss or damage resulting from the work undertaken or the manner of doing same. The amount thereof shall be determined by the Director of Public Works, based upon the estimated cost of completion of the job, including labor, materials, and ten percent additional for unforeseen contingencies.

SEC. 8.1-7 REPAIRS AND RESURFACING: LIABILITY OF ABUTTING OWNER. All improved public ways shall be kept in good repair. Repair work, whether done by the Town or by the abutting owner, shall be done under the supervision of the Director of Public Works. The owners of property abutting sidewalks shall be responsible for the repair and maintenance of such sidewalks. No person owning property abutting a sidewalk shall permit such sidewalk to be in a state of repair endangering the safety of persons passing over the same. In the event a person is injured as a result of lack of maintenance and repair of a sidewalk, the owner of property abutting such sidewalk shall be liable for such injuries.

SEC. 8.1-8 PROHIBITED ACCESS; INJURY TO NEW PAVEMENTS. It shall be unlawful for any person to walk, ride, drive, or in any manner propel any kind of vehicle or piece of machinery over, along, or upon that portion of any street, sidewalk, or other public way place while the same is guarded by a warning sign or barricade, or to knowingly injure any soft or newly-laid pavement.

SEC. 8.1-9 OBSTRUCTION OF OR MERCHANDISE ON PUBLIC RIGHT-OF-WAY.

1. Except as otherwise provided in this Chapter, it shall be unlawful for any person to cause, create, or maintain any obstruction of any sidewalk, street, alley, or other public way; or to place upon, over, or across, or to suspend upon, over, or across any sidewalk, street, alley, or other public way, any vegetables, food products, fruits, berries, produce, or any other articles of merchandise whatsoever for the purpose of storage, exhibition, sale, or offering for sale. For purposes of this Section, the definition of "street" includes and incorporates all that area within the public right-of-way line, including sidewalk, pavement of street right-of-way, parkway (which is defined as all that area within a street right-of-way between a curb and the right-of-way line, or where no curb exists, between the improved street edgeline and the right-of-way line), and any additional land, whether used for the foregoing or other purposes.
    
2. The provision of sub-section A above shall not apply to any devices commonly known as newspaper boxes or similar devices whereby a person is allowed to remove one (1) or more newspapers or magazines from said device upon depositing therein the purchase price thereof, located on sidewalks provided such devices meet the following standards:
   
1. Such device shall not stand higher than four (4) feet from the ground nor possess any horizontal dimension in excess of two (2) feet;
    
2. Such device shall not be located:
    
   1. In any location in which any part of the device, including any door thereto when opened, extends onto street pavement or leaves less than five (5) continuous feet of sidewalk width or obstructs pedestrian traffic;
       
   2. Adjacent to any bus stops or any no parking zone anywhere in the Town;
       
   3. Within fifty (50) feet of any intersection where the presence of such a device obstructs a motorist's view of cross traffic or pedestrians;
       
   4. Within one (1) foot of any building.
       
3. Such device shall not be chained to any bench, tree, waste receptacle, traffic signal, traffic control device, traffic sign, traffic light, public utility pole, or fire hydrant.
    
4. Such device shall contain a name, address, and telephone number of a person to be notified in case of theft, vandalism, non-functional condition of the device, or the device's noncompliance with this Section. (Amended 4/19/76)
    
1. For purposes of this subsection, the following definitions shall apply:
1. Basketball goal - a structure consisting of a post or upright, a superstructure, a backboard, a rim, and a (optional) net.
    
2. Post or Upright - a rigid, upright member extending vertically from grade level.
    
3. Superstructure - a rigid member which firmly attaches the backboard permanently to the post or upright, extending the backboard from the post or upright.
    
4. Backboard - a member consisting of a square, rectangular, or semi-oval flat surface permanently attached to the superstructure.
    
5. Rim - a piece of iron or other hardened material formed into a circle and permanently attached to the backboard.
    
6. Net - a piece of cloth, leather, or chain networking of linear material attached permanently to the rim which allows both the observer and player to determine if the basketball has passed successfully through the rim.
    
7. Gutter pan - the portion of the street immediately adjacent to the curb, designed to carry storm water.
    
2. The provisions of Subsection A above shall not apply to basketball goals maintained on cul-de-sac parkways provided the following standards are met:
1. Application is made to the Director of Public Works containing the following:

 
1. Signed consent of all persons residing on the cul-de-sac to the placement of a basketball goal on the cul-de-sac parkway.
    
2. Agreement by one or more persons to indemnify the Town for any and all claims made directly or indirectly against the Town, its officers, and employees arising in whole or in part from the presence and use of the basketball goal on Town property.
    
3. Maintaining on file with the Town a certificate of liability insurance written on an occurrence basis in the amount of at least one million dollar ($1,000,000.00) naming the Town, its officers, and employees as additional insureds.
    
4. Agreement by the applicant to remove the basketball goal from Town property within twenty-four (24) hours of Town request.
    
5. An agreement that all utilities shall be located by JULIE prior to installing the post(s) or upright(s).
    
6. An agreement by one or more persons to indemnify the Town for any property damage or personal injury to the Town or its officers or employees arising in whole or in part from the presence and use of the basketball goal on town property.
    
7. A waiver by the owner of the basketball goal of all claims against the Town for damage to such basketball goal by the Town or its officers or employees.
    
3. Such basketball goal shall not be located:
1. Within ten (10) feet of a fire hydrant.
    
2. So as to interfere with any existing utilities.
    
4. Such post or upright shall be no farther than four (4) to six (6) inches from the back of the curb.
    
5. Such rim shall be no less than ten (10) feet above the gutter pan.
    
6. All basketball goals must include a superstructure.
    
7. No concrete shall be used above the surface to secure the basketball goal.
    
8. No more than one basketball goal shall be permitted on any cul-de-sac.
   

(Entire Subsection C Added by Ord. 4065, 6/15/92)
 

4. Outdoor Cafes
    
   1. Definitions: The following words and phrases shall have the meanings respectively ascribed to them when used in this Section:
       
      1. Food service establishment shall mean any public place which is kept, used, maintained, advertised, and held out to the public as a place where meals are sold and served and where meals are actually and regularly served to the public. A food service establishment shall have seating available for patrons as well as adequate and sanitary kitchen and dining room equipment. A food service establishment must have employed therein a sufficient number and kinds of employees to prepare, cook, and serve full meals for its guests. Food service establishments must keep a record of all food items sold such that a determination that the restaurant is serving meals regularly can be made. Food service establishments serving alcohol shall also meet requirements of the Town Liquor Code applicable to such Licensee.
          
      2. Outdoor café shall mean use of a public sidewalk or plaza area by a food service establishment, for the serving of food and beverages to seated customers.
          
      3. Plaza area shall mean those public spaces, not including streets or alleys, within the B-2, Central Business Zoning District as designated by the Public Works Director.
          
      4. Permit area shall mean the sidewalk area designated on the permit specifying the area of operation of the outdoor café.
          
      5. Permittee shall mean the person or entity operating a food service establishment who has received a permit allowing for the operation of an outdoor café.
          
   2. Permits Required:
       
      1. It shall be unlawful for any person to operate an outdoor café without an outdoor café permit.
          
      2. The outdoor café permit shall allow a food service establishment located in the B-2 Central Business Zoning District of the Town to operate an outdoor cafe subject to the requirements of this Section.
          
      3. Any permit issued pursuant to this Section may contain such written conditions as the Public Works Director, or his designee, deems warranted to protect the use of adjacent right-of-way for its intended purpose or to prevent congestion of vehicular or pedestrian traffic flow and to otherwise carry out the purpose and intent of this Section and this Code.
          
      4. The permit holder shall, as part of the right granted pursuant to the permit, be entitled to remove or exclude persons from the permit area during hours of business operation. Such permittee is authorized to give notice to any such person to prevent such entry.
          
      5. The outdoor café permit shall expire annually on December 31 of each year. There is an annual permit-filing fee of $100.00.
          
      6. Any outdoor café permit shall be subject to suspension or revocation as hereafter provided.
          
   3. Application: Application for an outdoor café permit shall be made on forms supplied by the Town, and submitted to the Public Works Director, together with the annual fee and shall at minimum include the following:
       
      1. The name, address, and telephone number of the owner of the property and the food service establishment related to the permit.
          
      2. A copy of a valid license issued by the McLean County Health Department.
          
      3. A drawing or sketch depicting the dimensions of the proposed permit area and which shows the location and type of tables, chairs, trash receptacles and other equipment proposed to be used, location of ingress and egress, the Town owned equipment facilities in or adjacent to the area proposed which are visible to the eye, including but not limited to parking meters, trees, manhole covers and utility poles or openings.
          
      4. An operations plan specifying the proposed dates, days and hours of operation of the outdoor café, the hours of operation of the adjacent restaurant, scheduled maintenance of the permit area, maximum seating capacity, and method of providing security and maintenance.
          
      5. An original certificate of insurance listing the required coverage amounts and policy periods of the permittee’s general liability policies.
          
      6. An executed waiver of liability in a form approved by the Town Corporation Counsel.
          
      7. Any other information related to the requirements of this chapter that the Public Works Director may require.
          
      8. All Persons, prior to receiving a permit, shall procure and maintain for the duration of the permit, public liability and property damage insurance pertaining to the permit area in a minimum amount of one million dollars ($1,000,000,00.) per person and one million dollars ($1,000,000.00) in the aggregate per occurrence and property damage in a minimum amount of one million dollars ($1,000,000.00), naming the Town, its officers and employees as additional insured, and the same shall provide that policy shall not terminate or be cancelled prior to the expiration date without thirty (30) days advance written notice to the Town. Proof of such insurance issued by an insurance company licensed to do business in the State of Illinois in the form of a certificate of insurance shall be attached to the application.
          
   4. Application Review:
       
      1. No permit shall be granted, pursuant to this Section, unless the Finance Director or his designee shall certify that there are no outstanding fines, fees, taxes, or other charges dues and owed to the Town by the owners of the real property on which the restaurant is located or the applicant.
          
      2. All applications for outdoor café permits shall be reviewed by the Town to determine compliance with each of the requirements of this Section.
          
      3. No permit shall be issued unless the applicant supplies all information required on or by the application form and is in compliance with the regulations contained in this Section.
          
   5. Regulations:
       
      1. An outdoor café is permitted only on sidewalks or approved plaza areas. The permit area shall be immediately adjacent to the food service establishment requesting the permit, or a sidewalk contiguous to the sidewalk adjacent to the food service establishment.
          
      2. No permit will be granted if seats or equipment in the outdoor café result in the need for additional restrooms unless such additional restrooms are provided.
          
      3. The hours when service is permitted at the outdoor café shall be between 6:00 a.m. and 12 a.m.
          
      4. Any person making use of an outdoor café shall do so in a reasonable manner with due regards for the health and safety of persons and property. No permittee shall make any physical alteration to public property. A permittee shall owe a duty to the Town of Normal and third persons to maintain the permit area in a clean, safe and sanitary condition.
          
      5. The permittee shall keep the permit area free of litter, cans, bottles, and spills at all times. The permitttee shall promptly collect and dispose of all litter, trash and other waste materials associated with the outdoor café, including materials in the adjacent public right-of-way or property originating from the outdoor café. The permittee shall dispose of any such waste in their own trash receptacles only. The permittee shall not dispose of any such waste in public trash receptacles.
          
      6. Upon the expiration or other termination of an outdoor café use permit, the permittee shall immediately remove all tables, chairs, furnishings, equipment and other items of personal property from the permit areas. Any such items remaining upon the public right-of-way after a reasonable opportunity to remove the same may be removed and disposed of by the Town of Normal at the sole cost and expense of the permittee.
          
      7. An outdoor café permit allows for the temporary placement of tables, chairs, furnishings, equipment, and other items of personal property related to the café. Except for plaza areas, all tables and chairs must be portable, meaning that no such furniture shall be chained together or bolted together as a unit or affixed to the outdoor wall or ground surface. In plaza areas, outdoor furniture, tables and chairs, may be secured to one another, however, may not be affixed or bolted to any public property
          
      8. Umbrellas shall have a maximum diameter of eight (8) feet, a weighted base and be fabric covered. All umbrellas must be made of cloth fabric; vinyl umbrellas are prohibited. Umbrella materials may not have a shiny, synthetic appearance. Signage on umbrellas is prohibited. No lettering, advertising, graphics, and/or logos are allowed on the umbrella face.
          
      9. No signs, banners or other like advertising shall be located in the permit area, except one menu sign not exceeding fifteen (15) square feet in area.
          
      10. Tables, chairs and umbrellas shall be located so that there remains open, at all times, a longitudinal walking space, the location of which shall be determined by the Town, of a minimum of four (4) feet in width, with a cross-slope not to exceed Americans with Disability Act (ADA) requirements.
           
      11. The Public Works Director may promulgate administrative rules, substantially related to the requirements contained in this Section. Such rules shall be attached to the permit and be followed by the permittee.
           
   6. Suspension or Revocation. The use of a public sidewalk as an outdoor café shall be subject to temporary suspension or termination at any time by the Town in the interest of the public health, safety and welfare. To the extent that a permit area is needed by the Town for the purposes for which it was dedicated, or any other public purpose, the Town may immediately terminate the revocable use permit by sending written notices to the permittee and assume full possession and control of the permit area. The permittee shall remove all furniture from the right-of-way within the time specified by the notice. If the furniture is not removed by the permittee, the Town shall be authorized to remove all furniture and other objects of the permittee from the permit area. If such furniture is not reclaimed by the permittee within seven (7) days after removal by the City, the property shall be presumed abandoned and subject to disposal according to law.
       
   7. Public Property. The provisions of this Section shall apply only to the locating of outdoor cafes on public property or public right-of-way and shall not apply to any private property.
       
   8. Indemnification; Payments for Cleaning or Damages.
       
      1. As an express condition of the issuance of the permit, each permittee shall agree in writing to indemnify and hold harmless the Town against all claims liability, loss, injury, death, or damage whatsoever in connection with or arising out of the use of the outdoor café by anyone
          
      2. As an express condition of the issuance of the permit, the permittee shall agree to, within seven (7) days after the billing date, pay to the Town all costs associated with damage to the pavement or other Town-owned facilities located in or adjacent to the permit area caused by operation of the food service establishment, or costs to clean or remove trash from the permit area or adjacent premises occasioned by the failure of the permittee to clean or remove such trash.
          
      3. The Public Works Director is authorized to execute the agreements required in subsections (a) and (b) above after the form thereof has been approved by the Town’s Corporation Counsel.
          
   9. Enforcement:
       
      1. The Town may inspect the permit area at any time. The Town shall mail or deliver the result of the inspections to the permittee.
          
      2. Any violation of the provisions of this Section shall be remedied within the time given in the notice or, if not stated in the notice, within seven (7) calendar days from the date of delivery or post-mark on the notice.
          
      3. Any permittee violating or failing to comply with the terms or requirements of this Section shall be subject to the penalty provisions and procedures set forth in this Chapter.

   (Entire Subsection D Added by Ord. No. 5024, 8/1/05)
    

5. REMOVAL OF SNOW AND ICE IN THE CENTRAL BUSINESS DISTRICT
    
   1. The following terms, when used in this Section E shall have the meaning provided in this Section:
       
      1. Business Day. The term “business day” means any day not a Sunday or national or state holiday.
          
      2. Business Hours. The term “business hours” means the hours between 10:00 A.M. and 6:00 P.M. on any business day.
          
      3. Central Business District. The term “central business district” refers to that area in the Town of Normal zoned B-2 Central Business District.
          
      4. Occupant. The term “occupant” means any individual, partnership, corporation, association, governmental entity, or other entity of any description other than the owner having the right to possession of the premises.
          
      5. Owner. The term “owner” means any individual, partnership, corporation, association, governmental entity, or other entity of any description holding legal title to the Premises.
          
   2. Except as provided in subsection (3), every owner and occupant of any building or lot of land within the central business district fronting or abutting on a paved sidewalk shall remove and clear away, or cause to be removed and cleared away, snow and ice from so much of said sidewalk as is in front of or abuts on said building or lot of land within four (4) business hours after the cessation of any fall of snow, sleet or freezing rain or by the beginning of business hours of the next business day following such fall, whichever period is shorter.
       
   3. In the event snow and ice on a sidewalk has become so hard that it cannot be removed without likelihood of damage to the sidewalk, the person or entity charged with its removal shall, within the time mentioned in subsection (2) hereof, cause enough sand or other abrasive to be put on the sidewalk to make travel thereon reasonably safe; and shall then, as soon thereafter as weather permits, cause said sidewalk to be thoroughly cleaned.
       
   4. Owners and occupants of properties in the Central Business District failing to comply with the requirements of Section E shall upon conviction thereof be fined in an amount not less than Twenty-five ($25.00) nor more than Two Hundred Dollars ($200.00).

(Entire Subsection E Added 2/20/06 by Ord. No. 5055)

SEC. 8.1-10 BARRICADES. Any person, firm, or corporation doing any con-struction work in a public way, or making an excavation in the same, shall provide traffic control in accordance with the application specifications of the latest edition of the Standard Specifications for Road and Bridge Construction adopted by the State of Illinois and the applicable guidelines contained in the latest edition of the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways; a copy of each is on file with the Town Clerk's office and available for public inspection.

SEC. 8.1-11 DISTURBING BARRICADES. It shall be unlawful to disturb or interfere with any barricades, lights, or other traffic control devices lawfully placed to protect or mark any new pavement or excavation or opening in any public street, alley, sidewalk, easement, or other public way.

SEC. 8.1-12 WHEELCHAIR RAMPS. All newly constructed curbs and all existing curbs which are rebuilt or reconstructed in any area of the Town shall be constructed so as to enable persons using wheelchairs to travel freely and without assistance by providing at each crosswalk a ramp with non-slip surface so that the sidewalk and street blend to a common level. Such ramp shall not be less than thirty-two (32) inches wide and shall not have a slope greater than one (1) inch rise per twelve (12) inches length. Where because of surrounding buildings or other restrictions it is impossible to conform the slope with this requirement, the ramp shall contain a slope with as shallow a rise as possible under the circumstances. In all ramps there shall be a gradual rounding at the bottom of the slope. (Addition by Amendment 1/7/74)

SEC. 8.1-13 PLACEMENT OF MAILBOXES.

1. The placement of mailboxes which are attached to a residence shall be as provided by United States Postal Service regulations.
    
2. Mailboxes permitted or required to be placed adjacent to a street by United States Postal Service regulations shall comply with said regulations and the following:

 
1. Mailboxes shall be placed no closer than three inches (3") from the back of the curb and at least forty-two inches (42") above the curb but no more than forty-eight inches (48") above the traveled portion of the street.
    
2. Mailbox support structures can be no larger than four inches by four inches (4" x 4") or four and one-half inch (4 1/2") diameter wood posts or two inch (2") diameter standards steel or aluminum pipe buried no more than twenty-four inches (24") in the ground.
    
3. No brick posts, or supporting structures are allowed.
    
4. Any ornamental designs must have prior approval from the Public Works Director.
    
4. Damage to or Destruction of Mailboxes. The Town shall not be liable for the repair or replacement of mailboxes damaged by Town vehicles or employees when the mailbox is in violation of this Section. Town liability for repair or replacement of any mailbox is limited to twenty-five dollars ($25.00). This limitation shall not apply to willful and wanton conduct by Town employees directly causing mailbox damage.

(Entire SEC. 8.1-13 was Amended by Ord. 3981 on 6/17/91)