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ENCROACHMENTS, EXCAVATIONS AND OBSTRUCTIONS
(A) Permit required; indemnification of city. It shall be unlawful for any person to encroach upon, excavate or obstruct any street or sidewalk of the city without a permit issued and approved by the Public Works Director. Any person who proposes to perform any activity which requires excavation, encroachment, the possibility of encroachment or temporary use, disruption or obstruction of any street, easement, public right-of-way or other property owned by or under the control of the city shall be required to obtain a permit before conducting such activity. As a condition for the issuance of such permit the permittee shall be required to execute a release and indemnity, on a form provided by the city, which will indemnify the city and its agents and employees from and against all claims, damages, losses and expenses, including attorneys’ fees, arising out of or resulting from the permitted activity, whether such activity is conducted by the permittee or its agents, employees, contractors or subcontractors, and to comply with the requirements of § 98.25(B), if required to do so.
(B) Permanent encroachments. Permanent encroachments in business zones will require the additional approval of the City Manager. Permits seeking permanent changes to sidewalks which do not promote uniformity or are not consistent with redevelopment efforts shall not be issued.
(C) Removal of encroachments. All permanent encroachments shall continue in existence at the will of the city. In the event the city finds it necessary or desirable to remove the encroachment, it shall be removed by the permittee or its assigns upon 30 days written notice. Neither the city nor its agents shall be liable for damage or replacement of the encroachment under any circumstances.
(D) Outdoor cafes. To the extend the provisions of this section conflict with the provisions of Chapter 122 of the Code of Ordinances regarding the regulation of outdoor cafes (as defined in § 122.02), the provisions of Chapter 122 shall control.
(Ord. 01-002, passed 1-9-01; Am. Ord. 13-010, passed 5-14-13) Penalty, see § 10.99
It shall be unlawful for any person to allow any trench, ditch, or excavation in any street, sidewalk, or public place of the city to remain open between sunset and sunrise, unless that trench, ditch, or excavation has a sufficient number of lights properly displayed around it as danger signals to prevent accidents to persons or property.
('64 Code, § 25-11) Penalty, see § 10.99
It shall be unlawful for any person to remove or extinguish any light which may be placed as a signal at night, to warn persons of danger from ditches, trenches, building materials, scaffolds, excavations, impediments, or obstacles of any description whatever, within the city.
('64 Code, § 25-12) Penalty, see § 10.99
(A) Excavations, vehicles, timber, and the like. It shall be unlawful for any person to obstruct any street or sidewalk in the city by making excavations therein, or by placing thereon to remain standing any automobile, wagon, carriage, buggy, or other vehicle, or by piling thereon or otherwise placing any timber, lumber, bricks, dirt, or other materials, unless permission to do so is first obtained from the City Manager subject to such rules and regulations as he may prescribe.
('64 Code, § 25-5)
(B) Merchandise, barrels, shrubbery, and the like; exception. It shall be unlawful for any person to obstruct the streets or sidewalks of the city by placing thereon any merchandise, barrels, boxes, or other things. It shall be unlawful to plant any shrubbery, ornamental flowers, or other growing things between the sidewalk and the street curb, except grass. However, the city may plant and replant shade trees to grow in any area.
('64 Code, § 25-6) (Ord. passed 10-9-50)
(C) When dangerous to traffic. No person shall place any obstruction on the streets that shall endanger vehicles in passing. Anyone violating this division and failing to remove the obstruction within six hours after notice from any member of the police force shall be deemed guilty of a misdemeanor.
('64 Code, § 25-8)
(D) Removal. Any obstruction standing or being in or on the driveway or sidewalks of the streets, and on grass plots lying between the sidewalk or the curb or area which would be included between the sidewalk and curb of the street, if paved shall constitute a nuisance. The obstruction shall be removed by the person causing the same within five days after written notice from the City Manager.
('64 Code, § 25-7) (Ord. passed 10-9-50) Penalty, see § 10.99
PARADES
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"CHIEF OF POLICE." The Chief of Police of the city, or in his absence an officer as may be appointed temporarily to fill his place by the City Manager.
"PARADE." Any parade, march, ceremony, show, exhibition, pageant, procession of any kind, or any similar display, demonstration, or conduct in or upon any street, including the sidewalk, park, or other public place in the city.
"PARADE PERMIT." A permit required by this subchapter.
"UNIT." An animal, vehicle, conveyance, or person participating in a parade.
('64 Code, § 25-19) (Ord. passed 6-10-63)
Except as otherwise specifically provided by this subchapter, no person shall engage in, participate in, aid, direct, organize, form, or start any parade unless a permit shall have been obtained from the Chief of Police; however, this subchapter shall not apply to:
(A) Funeral processions;
(B) Any local, state, or federal governmental agency acting in the scope of its authorized functions.
('64 Code, § 25-21) (Ord. passed 6-10-63) Penalty, see § 10.99
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