10-28-192 Severability.

   The provisions of Sections 10-28-130 through 10-28-192 are severable. If any section, clause, provision, portion or application of those sections is determined by any court to be invalid for any reason, the validity of the remaining sections, clauses, provisions or portions, and their application to other circumstances, shall not be affected thereby. It is the intention of the city council that those sections would have been enacted by the city council regardless of the invalid sections, clauses, provisions, portions or applications.

(Added Coun. J. 6-28-91, p. 2872)

10-28-194 Reserved.

Editor's note – Coun. J. 4-1-98, p. 65353, renumbered § 10-28-194 as § 10-28-770.

10-28-196 Reserved.

Editor's note – Coun. J. 4-1-98, p. 65353, renumbered § 10-28-196 as § 10-28-775.

ARTICLE IV. CANOPIES AND MARQUEES (10-28-200 et seq.)

10-28-200 Reserved.

Editor's note – Coun. J. 1-13-10, p. 83228, § 1, repealed § 10-28-200, which pertained to permit requirement.

10-28-210 Reserved.

Editor's note – Coun. J. 1-13-10, p. 83228, § 1, repealed § 10-28-210, which pertained to permit application and plans.

10-28-220 Reserved.

Editor's note – Coun. J. 1-13-10, p. 83228, § 1, repealed § 10-28-220, which pertained to insurance requirements.

10-28-230 Reserved.

Editor's note – Coun. J. 1-13-10, p. 83228, § 1, repealed § 10-28-230, which pertained to a permit fee.

10-28-240 Canopies and marquees – Conditions of permit and construction – Clearance.

   (a)   Public way use permits for canopies and marquees shall contain provisions as follows: that the same is issued in consideration of the payment of the fees required; that the construction of such marquee or canopy shall be made under the supervision and inspection of the commissioner of buildings and shall also be subject to inspection by the department of buildings, and the permittee shall pay to the city all cost of such supervision and inspection.

   (b)   No canopy or marquee shall be constructed over any public way or other public place unless the lowest part thereof is at least 12 feet above the surface of the sidewalk thereunder. Failure to maintain a minimum clearance of 12 feet shall be cause for revocation of the permit.

   (c)   Canopies or marquees shall drain toward the buildings or structures to which the same are attached and shall be constructed of incombustible material and in conformity with the structure of the building or structure to which the same are to be attached.

   (d)   No canopy or marquee which projects over the public way or other public place shall be equipped with or have attached thereto any illuminated or other sign, transparency, placard, streamer or other advertising material or device of any kind.

   (e)   The commissioner of business affairs and consumer protection shall revoke the public way use permit in all cases where the commissioner of transportation determines that the permitted canopy or marquee interferes with the use of the public way, has become hazardous to persons using the public way, or will interfere with work performed on the public way.

(Prior code § 34-18; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 12-15-99, p. 21529, § 6; Amend Coun. J. 1-13-10, p. 83228, § 1)