10-28-450 Permit required.
   (a)   For purposes of Sections 10-28-450 through and including 10-28-580, the following definitions apply:
   "Public way use permit", "subsidewalk space use" and "subsidewalk space" have the same meaning ascribed to those terms in Section 10-28-010.
   (b)   Any subsidewalk space use by a person shall require a public way use permit. It shall be the duty of the owner of the property which abuts the public way or other public place to obtain the public way use permit for subsidewalk space use. Nothing in this section shall authorize any person to make an opening in, or construct or repair any pavement in the public way or other public place unless such person holds a public way work license if such a license is required by Chapter 10-20 of this Code.
   Unless otherwise provided in this Article IX, the provisions of Sections 10-28-010 through and including 10-28-017 shall be applicable to public way use permits for subsidewalk space use.
   (c)   An application for a public way use permit for subsidewalk space use shall be made in accordance with Section 10-28-015 and the fees for such use shall be as set forth in Section 10-28-017. The commissioner of business affairs and consumer protection shall forward a copy of an application for subsidewalk space use to the commissioner of transportation within three days after receipt of the application.
   (d)   The number, location, size, construction and maintenance of all coalholes, trapdoors or other openings in the public ways and the construction and maintenance of all vaults shall be under the direction and subject to the approval of the commissioner of business affairs and consumer protection.
   (e)   No public way use permit shall be issued for the use of any space under the surface of the roadway of any public way or other public place.
(Prior code § 34-36; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 12-15-99, p. 21529, § 6; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 5-9-07, p. 105047, § 17; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 1-13-10, p. 83228, § 1)