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(a) No person shall place or cause to be placed any object or property so as to obstruct the public’s use of any sidewalk without first obtaining a sidewalk obstruction permit from the Director of Public Service.
(b) An application for a sidewalk 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) The proposed commencement date, time and estimated duration of the obstruction; and
(5) A pedestrian maintenance traffic plan.
(c) 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.
(d) The Director may deny or revoke a sidewalk obstruction permit whenever the Director finds:
(1) The applicant has previously violated the provisions of a sidewalk obstruction permit or has submitted materially false or incomplete information on any sidewalk 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 sidewalk;
(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.
(e) Whoever violates division (a) of this section shall be fined not less than one hundred dollars ($100.00).
(f) This section shall not apply to any person that has been issued a permit under the following Chapters of the Codified Ordinances:
(1) Chapter 133 relating to special events;
(2) Chapter 411 relating to parades;
(3) Chapter 508 relating to sidewalk occupancy for vendors in the Central Business District;
(4) Chapter 513 relating to outdoor restaurants;
(5) Chapter 670B relating to pay telephones;
(6) Chapter 675 relating to peddlers and produce dealers;
(7) Chapter 680 relating to newspaper boxes; or
(8) Chapter 3109 relating to encroachment permits.
(Ord. No. 1170-03. Passed 7-16-03, eff. 7-23-03)
In the following district: beginning at the shore line of Lake Erie on the line of E. 20th St., extending southerly along the line of and including E. 20th St., to St. Clair Ave., N.E., easterly along St. Clair Ave., N.E., to E. 21st St., southerly along E. 21st St. to Euclid Ave., easterly along Euclid Ave. to E. 22nd St., southerly along E. 22nd St. to Broadway, S.E., northerly on Broadway, S.E., to Central Ave., S.E., westerly on Central Ave., S.E., to Canal Rd., northerly and westerly on Canal Rd. to Columbus Rd., northerly on Columbus Rd. to Superior Ave., N.W., thence northerly on W. 10th St. to the southerly shore of Lake Erie; any person, partnership, firm or corporation doing business may place and maintain a permanent showcase for the display of goods, wares and merchandise sold by them. Nothing in this section shall be construed to prevent the moving of goods, wares or merchandise, across any sidewalk in the way of trade, or for the use of families, and provided further, that none of the terms of this section shall be construed to permit merchandise, goods, shipping cases or other material on any sidewalk at night, on Sundays or legal holidays, or any time when the person, firm or corporation, owning or controlling the property fronting on the sidewalk, has closed its place of business or ceased the actual work of shipping or receiving merchandise, goods, shipping cases or other material.
The provisions of Sections 507.04 to 507.07 shall in no way apply to that part of the City known as market districts, nor to the placing and maintaining of barber poles on the sidewalks of the City which shall be regulated by the Building Code, nor shall the provisions of such sections be construed as repealing or modifying any provisions of the Building Code regulating the use of sidewalks in connection with building operations.
Where the elevation or topography of any lot or parcel of land abutting upon a sidewalk is such in relation to the sidewalk that earth, stone, sand or gravel slide, fall or are carried upon such sidewalk by force of gravity or by action of water, the owner or person in charge or control of such lot or parcel of land shall within twenty-four (24) hours after the depositing of such matter upon the sidewalk, remove or cause the same to be removed. If by reason of the elevation or topography of such lot or parcel of land a recurrence of such obstruction or nuisance upon the sidewalk is probable or reasonably to be anticipated, the owner or person in charge or control of such lot or parcel of land shall construct upon his or her land such suitable retaining wall or other device as will effectually prevent such recurrence.
No owner, agent, employee or other person shall open or remove, or permit anyone to open or remove the cover of any coal hole or grating in any sidewalk, or raise or permit anyone to raise any elevator or lift, or open or permit anyone to open the doors or other device covering any aperture in any sidewalk within the City, without first placing upon the sidewalk, all around the coal hole, elevator, lift, doors or other devices used to cover such aperture, a railing or other suitable structure or obstruction not less than three (3) feet high, and sufficient to protect and to warn foot passengers that the aperture is to be opened. During the whole time the aperture remains open it shall be protected by the railing, structure or obstruction, as stated herein and the railing, structure or obstruction shall be immediately removed when the aperture is closed.
No owner of real property within the corporate limits of the City nor any agent having control of the same shall permit any gate to be or to remain so constructed as to enable the same to be swung over or across any portion of the sidewalk in front of such premises unless such gate is hung on self-closing hinges or has attached thereto weights, springs or other devices, so that such gate shall swing back from the sidewalk and not obstruct the same.
No person shall raise up from any street, sidewalk, wharf or place of public resort within the City, any cask, bale of goods or other articles of merchandise into the second or higher story of any house, store or other building upon or adjoining the same, and on the outside of the building, and no person shall deliver from the second or any higher story of any house, store or other building, on the outside of the same, which adjoins upon any street, sidewalk, wharf or place of public resort within the City, any cask, bale of goods or other article of merchandise, except at such times and places, and under such restrictions and limitations as the Director of Public Service shall authorize and direct. However, this shall not be construed to extend to raising any materials or other articles which may be necessary in erecting, repairing or taking down any building, or for removing any merchandise or other article, in case of danger by fire or other inevitable casualty.
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