(a) For the purpose of this section, "parkway" has the same meaning ascribed to that term in Section 10-32-010.
(b) In addition to any other applicable legal requirements, it shall be unlawful for any person to place a fence, or other solid landscape element that rises above two inches in height from the ground, in a parkway within eighteen inches of the street side face of the curb.
(c) The Commissioner of Transportation shall have authority to provide exceptions from the prohibition in this section in cases where the Commissioner determines that it is in the best interests of the City that fencing or solid landscaping be placed within the parkway, including, but not limited to, for construction purposes or the installation of tree pit grates and infiltrating planters.
(d) This section does not apply to any fence or other solid landscape element that the City installs in the parkway nor to sidewalk cafes that are permitted by the City under Article XII of Chapter 10-28 of this Code.
(e) Any person who violates this section shall be fined not less than $50.00 nor more than $500.00 for each offense, and each day such offense continues shall constitute a distinct and separate offense.
(f) The Commissioner of Transportation is authorized to adopt rules for the proper administration and enforcement of this section.
(Added Coun. J. 10-14-21, p. 37479, § 1)
Editor's note – Coun. J. 1-13-10, p. 83228, § 1, repealed a former § 10-28-075, which pertained to grants of privilege in the public way.