(A) Placing objects without permit. It shall be unlawful for any person to place any chair, bench, or planter on any public sidewalk, street, or other public land without a permit issued by the Street Commissioner.
(B) Permit application. An application for a permit required by this subchapter shall be made in writing to the Street Commissioner. The application shall state that the applicant intends to install either chairs, benches, or planters, as appropriate, and shall contain a general description of their construction and the type of advertising, if any, to be placed upon them together with a statement as to the number to be installed and a general description of the general areas in which the applicant wishes to install them.
(C) Investigation and determination of whether permit should be issued.
(1) The Street Commissioner shall investigate an application for the permit required by this subchapter and determine whether the benches, chairs, or planters will be constructed of durable and substantial materials which are suitable for the use intended and which will not create a danger to the public safety and whether any advertising thereon would offend the public morals or create a public nuisance. He or she shall also determine the numbers of such chairs, benches, or planters that the applicant may install, taking into consideration the number of such items then existing.
(2) If, in the opinion of the Street Commissioner, the proposed benches, chairs, or planters would not be constructed of suitable materials or the advertising thereon would offend the public morals and create a public nuisance or the granting of the permit would cause an unnecessary number of such structures to be installed so as to spoil the beauty of the city, he or she shall refuse to issue the permit.
(D) Insurance. Prior to the issuance of any permit required by this subchapter, the applicant for same shall furnish the Clerk-Treasurer with a certificate of insurance from a reputable insurance company incorporating the terms of the hold harmless agreement set forth in the permit.
(E) Issuance of permit; fee. If the Street Commissioner approves an application for the permit required by this subchapter, he or she shall direct the Clerk-Treasurer to issue the applicant a permit for the installation of a given number of such structures at a cost based on current state-approved amounts and/or as set by City Council from time to time, which the applicant shall pay to the Clerk-Treasurer at the time of its issuance. The permit shall be executed in duplicate and signed by both the Clerk- Treasurer and the applicant with the original being retained by the city and the duplicate being given to the applicant.
(F) Permit length. A permit required by this subchapter shall be valid for a period of one year.
(G) Form of permit. A permit required by this subchapter shall be in the following form:
PERMIT Date
(Name of permittee) of (city) , (state) is hereby permitted to place (number) benches, chairs, or planters for a period of one year from the date of this instrument for the use of the general public and on the public sidewalks, streets, and other public places of the City of Alexandria, Indiana, subject to all the terms and conditions of § 151.16 of the City Code of Alexandria, Indiana, and all regulations of the Street Commissioner of the City of Alexandria, Indiana, under the authority of § 151.16. By the terms of this permit, (name of permittee) hereby agrees to hold and save harmless said City of Alexandria, Indiana, from any and all liability of any kind and nature resulting from the placement of said structures and the maintenance thereof and agrees to carry a liability insurance policy to cover this exposure, a copy of which is to be filed with the Clerk-Treasurer of the City of Alexandria, Indiana. Clerk-Treasurer Permittee |
(Prior Code, § 95.030) Penalty, see § 10.99