(A) Obstruction of a public place. For an obstruction of a public place for a Type III activity, the permittee shall pay a yearly fee of $100.00. For an obstruction of a public place for a Type I and a Type II activity, the fee shall be $50.00 per permit.
(B) Obstruction of public way – initial permit fees. An application for or an obstruction of the public way permit shall include a permit application fee set by the Commissioner. Beginning January 1, 2021, and each year on January 1st thereafter, this permit application fee shall automatically be increased in proportion to any increase in the CPI, as defined in Section 10-29-040, up to 2.5 percent in any one year, or in an amount that the Commissioner determines is supported by the costs associated with administering such permit. The Commissioner shall ensure such permit fee is published on a publicly accessible website. A permittee shall also be responsible for additional charges above the cost of the permit application fee as described in this section. Within the Central Business District, for the first 180 days for a Type I and Type III activity and for the first 540 days for a Type II activity, the permit fees per month for each foot of frontage obstructed shall be as follows:
Initial Permit Fees:
Type of obstruction | Permit fee |
Type of obstruction | Permit fee |
Sidewalk or parkway - partial closure | $4.00, but in no event less than $80.00 per month |
Sidewalk or parkway - total closure | $8.00, but in no event less than $160.00 per month |
Bicycle lane - total closure | $8.00, but in no event less than $160.00 per month |
Street lane containing parking spaces | $20.00, but in no event less than $400.00 per month |
Street lane normally used for vehicular traffic, including a bus lane | $40.00, but in no event less than $800.00 per month |
Alley - if a lane of at least 10 feet is left unobstructed | $10.00, but in no event less than $200.00 per month |
Alley - if a lane of at least 10 feet is not left unobstructed | $20.00, but in no event less than $400.00 per month |
(C) Type I and Type III activity fees – after first 180 days. In the event that the permittee seeks to continue its permitted status for a Type I or Type III activity after 180 days, the fees for each month of each foot of frontage used shall be as set forth in this subsection, except that after 720 days, and every 180 days thereafter, the monthly fee shall increase by an additional $2.00 ($4.00 in the Central Business District) for each foot of frontage obstructed for the partial closure of a sidewalk or parkway, and by an additional $4.00 ($8.00 in the Central Business District) for each foot of frontage obstructed for the total closure of a sidewalk or parkway. Such fee shall be calculated based on the total continuous days for which the sidewalk or parkway is obstructed, notwithstanding any change in permittee.
Type I and Type III activity fees - after 180 days:
Type of obstruction | 181 – 360 days after the initial permit date | 361 – 540 days after the initial permit date | More than 541 days after the initial permit date |
Type of obstruction | 181 – 360 days after the initial permit date | 361 – 540 days after the initial permit date | More than 541 days after the initial permit date |
Sidewalk or parkway - partial closure | $8.00, but in no event less than $160.00 per month | $12.00, but in no event less than $240.00 per month | $16.00, but in no event less than $320.00 per month |
Sidewalk or parkway - total closure | $16.00, but in no event less than $320.00 per month | $24.00, but in no event less than $480.00 per month | $32.00, but in no event less than $640.00 per month |
Bicycle lane - total closure | $16.00, but in no event less than $320.00 per month | $24.00, but in no event less than $480.00 per month | $32.00, but in no event less than $640.00 per month |
Street lane containing parking spaces | $40.00, but in no event less than $800.00 per month | $60.00, but in no event less than $1200.00 per month | $80.00, but in no event less than $1600.00 per month |
Street lane normally used for vehicular traffic, including a bus lane | $80.00, but in no event less than $1600.00 per month | $120.00, but in no event less than $2400.00 per month | $160.00, but in no event less than $3200.00 per month |
Alley - if a lane of at least 10 feet is left unobstructed | $20.00, but in no event less than $400.00 per month | $30.00, but in no event less than $600.00 per month | $40.00, but in no event less than $800.00 per month |
Alley - if a lane of at least 10 feet is not left unobstructed | $40.00, but in no event less than $800.00 per month | $60.00, but in no event less than $1200.00 per month | $80.00, but in no event less than $1600.00 per month |
(D) Type II activity fees – after first 540 days. In the event the permittee seeks to continue its permitted status for a Type II activity after 540 days, the fees for each month of each foot of frontage used shall be as follows:
Type II activity fees - after 540 days:
Type of obstruction | After 540 days |
Type of obstruction | After 540 days |
Sidewalk or parkway - partial closure | $8.00, but in no event less than $160.00 per month |
Sidewalk or parkway - total closure | $16.00, but in no event less than $320.00 per month |
Bicycle lane - total closure | $16.00, but in no event less than $320.00 per month |
Street lane containing parking spaces | $40.00, but in no event less than $800.00 per month |
Street lane normally used for vehicular traffic, including a bus lane | $80.00, but in no event less than $1600.00 per month |
Alley - if a lane of at least 10 feet is left unobstructed | $20.00, but in no event less than $400.00 per month |
Alley - if a lane of at least 10 feet is not left unobstructed | $40.00, but in no event less than $800.00 per month |
(E) The use of a construction canopy which obstructs the public way, but allows for pedestrians to pass under the structure, shall be considered a partial closure for the calculation of the above permit fees.
(F) The charges described in this section shall be cumulative by type of obstruction, and any period over three days shall be counted as a full month in calculating these charges. These charges are in addition to any appropriate charges for restoration of the public way due to alteration or damage, loss of parking meter revenues, for costs of relocation of parking meters, and for costs of relocation of traffic control devices.
(G) For an obstruction of the public way outside the Central Business District and for an obstruction estimated to last no longer than three days, the permit fees shall be one-half of the amounts in subsections (B), (C) and (D).
(H) Duration of an obstruction shall be calculated from the original date of the obstruction to its removal, regardless of the number of amended permit periods; however, if a permit is issued for a construction canopy for the purposes of demolition (a Type I activity) and the construction canopy remains in place during subsequent new construction (a Type II activity), a new Type II permit is necessary and the duration of the obstruction shall be calculated from the date of the new permit.
(I) In addition to any other fee required by this section, a reinspection fee of $100.00 shall be assessed against any person issued a permit under this section whenever the department of transportation conducts a reinspection after an initial inspection to verify compliance with the municipal code or any conditions of the permit issued under this section. A reinspection fee shall also be assessed whenever any scheduled inspection by the department of transportation cannot take place because of the absence of, or other action or inaction, taken by the permittee.
(Added Coun. J. 12-4-02, p. 99026, § 7.1; Amend Coun. J. 11-19-08, p. 48243, Art. I, § 1; Amend Coun. J. 11-26-19, p. 11514, Art. II, § 2)