514.01 Definitions
514.02 Temporary Public Right-of-Way Occupancy Permits
514.03 Application for Permits
514.04 Permit Fee, Issuance and Duration
514.05 Permitted Locations
514.06 Permits
514.07 Requirements and Conditions of Permit
514.08 Permit Suspension and Revocation
514.09 Removal of Streetscape Amenities
514.10 Taxes
514.11 Regulations
514.99 Penalty
When used in this chapter, the following words shall have the following meanings:
(a) “Director” means the Director of Capital Projects, or the Director’s designee.
(b) “Permit” means a temporary public right-of- way occupancy permit authorized under this chapter.
(c) “Permittee” means the person authorized to occupy an area of the public right-of-way.
(d) “Right-of-way” means any sidewalk, court, alley, street or other area dedicated or otherwise designated for public use and held by the City.
(e) “Streetscape amenities” means any item placed within the public right-of-way, including but not limited to: banners, benches, planters, public art, directional signs, bicycle racks, trash containers, railings, decorative fencing, curbing, pavers, planting beds, planting bed irrigation, hanging baskets, special district signage, and seasonal decorations.
(f) “Unobstructed walk” means a clear, continuous paved surface free of tree grates, elevator grates and all vertical obstructions.
(Ord. No. 991-2024. Passed 11-25-24, eff. 12-3-24)
Notwithstanding any codified ordinance to the contrary, the Director of Capital Projects is authorized to issue temporary public right-of-way occupancy permits revocable at the will of Council authorizing the placement of various streetscape amenities at permitted locations on sidewalks, courts, alleys, streets or other public rights-of-way in the City, subject to the provisions of this chapter. A separate encroachment permit for such items shall not be required.
No owner or operator of a business establishment shall occupy any portion of a public sidewalk, court, alley, street or other public right-of-way with streetscape amenities without first obtaining a permit under this chapter. Any business owner or operator occupying any portion of a public sidewalk, court, alley, street or other public right-of-way without a permit as required by this chapter shall be subject to the fines and penalties set forth in this chapter.
(Ord. No. 991-2024. Passed 11-25-24, eff. 12-3-24)
Application for a permit shall be made to the Director in a form deemed appropriate by the Director. The application shall include, but not be limited to, the following information:
(a) Name, phone number, and address of applicant;
(b) Street address of the proposed amenity;
(c) A description of the proposed area, with photographs;
(d) A description of the proposed amenity, including information about the composition;
(e) A signed statement that the applicant is the owner of the property immediately adjacent to the proposed amenity. If the applicant is not the owner of the subject property, a notarized statement from the owner indicating their knowledge and consent to the proposed amenities; and
(f) A signed statement that the Permittee shall hold harmless the City of Cleveland, its officers and employees and shall indemnify the City of Cleveland, its officers and employees for any claims or damage to property or injury to persons. Permittee shall furnish and maintain the public liability and property damage insurance as will protect Permittee and the City from all claims for damage to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. The insurance shall provide coverage in an amount of not less than One Million Dollars ($1,000,000.00) on account of an accident involving injuries, including death, to one (1) or more persons and property damage insurance in an amount of not less than One Million Dollars ($1,000,000.00), or a combined single limit of One Million Dollars ($1,000,000.00) provided however, that this insurance requirement shall not be construed to limit Permittee’s indemnification obligations to the above-required limits of insurance. Such insurance shall also name the City of Cleveland as an additional insured, its officers and employees, and shall further provide that the policy shall not terminate or be canceled prior to the expiration date of the permit without thirty (30) days written notice to the Director.
(Ord. No. 884-10. Passed 8-18-10, eff. 8-20-10)
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