CHAPTER 411 – STREET OBSTRUCTIONS AND SPECIAL USES

411.01   Placing Injurious Material or Obstruction in Street

411.011   Street Obstruction Permits

411.02   Disposal of Snow

411.03   Play Streets

411.04   Toy Vehicles and Games on Streets; Seizure and Disposal of Mobile Basketball Hoops

411.05   Parade Permits and Fee

411.06   Marathons, Walkathons and Other Races

Cross-reference:
   Dropping, sifting and leaking loads, CO 439.11

Statutory reference:
   See sectional histories for similar State law
   Power to regulate processions or assemblages, RC 4511.07

§ 411.01 Placing Injurious Material or Obstruction in Street

   (a)   (1)   No person shall place or knowingly drop upon any part of a highway, lane, road, street or alley any tacks, bottles, wire, glass, nails or other articles which may damage or injure any person, vehicle or animal traveling along or upon the highway, except such substances that may be placed upon the roadway by proper authority for the repair or construction thereof.

      (2)   Any person who drops or permits to be dropped or thrown upon any highway any destructive or injurious material shall immediately remove the same.

      (3)   Any person authorized to remove a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from the vehicle.

      (4)   No person shall place any obstruction in or upon a highway without proper authority.

   (b)   No person, with intent to cause physical harm to a person or a vehicle, shall place or knowingly drop upon any part of a highway, lane, road, street or alley any tacks, bottles, wire, glass, nails or other articles which may damage or injure any person, vehicle or animal traveling along or upon the highway, except substances that may be placed upon the roadway by proper authority for the repair or construction thereof.

   (c)   (1)   Except as otherwise provided in this division, whoever violates division (a) of this section is guilty of a minor misdemeanor. If, within one (1) year of the offense, the offender previously has been convicted of or pleaded guilty to one (1) predicate motor vehicle or traffic offense, whoever violates division (a) of this section is guilty of a misdemeanor of the fourth degree. If, within one (1) year of the offense, the offender previously has been convicted of two (2) or more predicate motor vehicle or traffic offenses, whoever violates division (a) is guilty of a misdemeanor of the third degree.

      (2)   Whoever violates division (b) of this section is guilty of a misdemeanor of the first degree.

(RC 4511.74; Ord. No. 1277-15. Passed 4-24-17, eff. 4-25-17)

§ 411.011 Street Obstruction Permits

   (a)   No person shall place or cause to be placed any object or property so as to obstruct the public’s use of any highway, lane, road, street or alley without first obtaining a street obstruction permit from the Director of Capital Projects.

   (b)   An application for a street obstruction permit shall contain the following information:

      (1)   The name of the applicant;

      (2)   The location of the proposed obstruction;

      (3)   The purpose of the obstruction;

      (4)   A description of the obstruction;

      (5)   The proposed commencement date, time and estimated duration of the obstruction; and

      (6)   A traffic maintenance plan.

   (c)   An application for a street obstruction permit for construction and rehabilitation projects regulated by Chapter 3115, shall contain the information required in division (b)(1) through (b)(5) above, and in addition shall include a traffic and pedestrian maintenance plan. Such plan shall be approved, subject to revision, by the Division of Engineering and Construction in consultation with the Division of Traffic Engineering, according to pedestrian safety criteria required by rules and regulations promulgated by the Directors of Capital Projects and Public Works based on Ohio Manual of Uniform Traffic Control Devices (OMUTCD) standards. In addition to the requirements of Chapter 3115, required criteria shall include the following:

      (1)   A plan for safe alternative re-routing of pedestrians and wheelchair riders, if the applicant presents specific reasons that the existing sidewalk cannot stay open or abutting walkway cannot be maintained with safety measures during construction;

      (2)   Pedestrians and wheelchair riders shall not be lead into conflict with vehicles, equipment, or operations moving through or around the work zone;

      (3)   Temporary pedestrian access re-routes or detours must be continuous, unobstructed, and protected from construction;

      (4)   Accessibility and compliance with the Americans with Disabilities Act (ADA);

      (5)   If a temporary pedestrian access re-route must involve crossing the roadway, a plan to direct pedestrians and wheelchair riders with advance signing directing them to the nearest official crosswalk; and

      (6)   A plan to erect appropriate signage notifying pedestrians and wheelchair riders of work zones in compliance with rules and regulations and to post a copy of such permit at each approach to the work zone.

   (d)   The application shall be accompanied with the fee established from time to time by the Board of Control and evidence of a public liability insurance policy issued by an insurer authorized to transact business in Ohio, in an amount not less than one million dollars ($1,000,000.00), listing the City of Cleveland as an additional insured.

   (e)   The Director may deny or revoke a street obstruction permit whenever the Director finds:

      (1)   The applicant has previously violated the provisions of a street obstruction permit or has submitted materially false or incomplete information on any street obstruction permit application; or

      (2)   The obstruction would unreasonably interfere with another obstruction for which a permit has been issued; or

      (3)   The time, place or size of the obstruction would unreasonably interfere with public convenience and safe use of the street; or

      (4)   The obstruction would unreasonably interfere with the movement or service capability of emergency or service vehicles; or

      (5)   The obstruction would unreasonably interfere with a construction project.

   (f)   Whoever violates division (a) of this section shall be fined not less than two hundred dollars ($200.00).

   (g)   This section shall not apply to any person that has been issued a permit under the following Chapters of the Codified Ordinances:

      (1)   Chapter 131 relating to special events;

      (2)   Chapter 411 relating to parades;

      (3)   Chapter 503 relating to street openings and maintenance; or

      (4)   Chapter 3109 relating to encroachment permits.

(Ord. No. 979-2020. Passed 7-14-21, eff. 7-16-21)

§ 411.02 Disposal of Snow

   No person removing snow from any private driveway within the City shall deposit such snow upon the pavement of any public street or on any tree lawn on any public street, except the tree lawn immediately in front of the premises from which the snow is removed.

(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)