(A) Application and scope. This section shall not apply to obstructions or excavations within public rights-of-way by a person or entity owning or controlling a utility service facility therein, which is regulated elsewhere in this code.
(B) Public nuisance declared. Any obstructions or excavations within a public right-of-way or public grounds, except under a permit issued by the city, constitute a public nuisance. It shall be unlawful for any person to place or make any obstruction or to excavate within any public right-of-way or public grounds unless the city grants, in its sole discretion, a written permit therefor. This section shall not apply to a lawfully registered motor vehicle pursuant to M.S. Chapter 168 that is lawfully parked in the roadway portion of the public right-of-way or upon a portion of a driveway within the public right-of-way, provided the motor vehicle is not blocking any portion of a sidewalk or trail. Mobile food units, as defined elsewhere in this code, from which sales or attempted sales are being conducted therefrom shall not be deemed to be a “lawfully registered motor vehicle” for purposes of the exemption from this section. This section shall not apply to excavations in the boulevard area of a public right-of-way in connection with installation of mailboxes or irrigation systems and planting of trees.
(C) Permit fee. A permit fee, as set forth in Chapter 35 of this code, shall be required for any permit required for excavation under this section that is within any vehicular traffic roadway area including curb or gutter systems, of a public right-of-way, or any pedestrian circulation system, including, but not limited to any sidewalk or pathway.
(D) Exception. This section shall not apply to obstructions within the boulevard of a public right-of-way used in connection with viewing the 4th of July parade during the period from 9:00 a.m. on July 3 to 4:00 p.m. on July 4.
(E) Definitions.
EXCAVATION. To dig into or in any way remove or physically disturb or penetrate any public right-of-way ground surface, or any portion thereof.
OBSTRUCTION. To place, store, maintain or the placement or maintenance of any building, structure or object.
ROADWAY PORTION OF THE PUBLIC RIGHT-OF-WAY. That portion of a public right-of-way that is improved, designed, or ordinarily used for vehicular travel, exclusive of the area between the curb and the abutting property line.
(Ord. 715, passed 5-23-02; Am. Ord. 813, passed 6-14-07; Am. Ord. 968, passed 6-12-14; Am. Ord. 1094, passed 6-10-21)