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PART 2 USE AND OCCUPANCY OF PUBLIC PROPERTY
SECTION:
3.2.201: Permits Required
3.2.202: Application For Permit
3.2.203: Indemnification And Insurance Requirements
3.2.204: Permit Fees; Renewals
3.2.205: Permit Term; Expiration Date
3.2.206: Issuance Of Permit; Filing
3.2.207: Assignment Of Permit
3.2.208: Additional Provisions Or Conditions
3.2.209: Compliance With Laws
3.2.210: Permit Site
3.2.211: Use And Occupancy Of Public Property Classified
3.2.212: Subsurface Space
3.2.213: Surface Uses
3.2.214: Spaces Above Surface Of Public Property
3.2.215: Revocation Of Permits
3.2.216: Appeal Procedures
3.2.217: Obstruction On Public Ways Prohibited; Removal
3.2.218: Small Cell Facilities
A. The space below the surface, upon the surface, and above the surface of public property may be used and occupied for any purpose not inconsistent with the provisions of this part, other provisions of this Code, other laws or ordinances regulating the use and occupancy of the public property. It shall be unlawful for any person to use or occupy the space, whether below, upon or above the surface of public property, or to construct any device or structure set forth except by and under the authority of a revocable permit in writing first granted by the City Council, Mayor, or Utilities Executive Director and issued by the Mayor, or in the case of property primarily used by Utilities, granted and issued by the Utilities Executive Director. However, recreational vehicles or trailers may be stored in accord with the provisions of chapters 9 and 10 of this Code, in which case no revocable permit shall be required under the provisions of this part.
B. For purposes of this article, permits shall be for the use and occupancy of Utilities' property and rights-of-way. Licenses shall be for all other uses and occupancy of public property.
C. All permits and licenses shall be issued per the authority listed in section 10-100 of the City Charter.
D. For purposes of this article, the Mayor shall have authority to issue revocable permits for use of public property primarily used by the Municipal government. The Utilities Executive Director shall have authority to issue revocable permits for use of public property primarily used by Utilities pursuant to section 12.1.118 of this Code.
E. The Mayor may by administrative regulation delegate the responsibility for review, approval and issuance of revocable permits. (Ord. 4466; 1968 Code §10-143; Ord. 91-160; Ord. 94-80; Ord. 98-185; Ord. 01-42; Ord. 03-125; Ord. 07-31; Ord. 11-19)
A. No permit for the use and occupancy of public property shall be issued without written authorization and acceptance of the following indemnification by the applicant, business owner and/or property owner:
The permittee shall be responsible for any and all damages to property or injury to persons arising out of the exercise of the permit or the construction, installation or maintenance of any device or structure. The permittee shall indemnify and save harmless the City and all its officers, agents and employees from all suits, actions or claims of any type brought for or on account of any injuries or damages received or sustained by any person or property related to the exercise of the permit, any act or omission of the permittee, the permittee's agents or employees, or the failure of the permittee to maintain the structure or device or to provide necessary safety devices. The permittee shall defend against any suit, action or claim and pay any judgment, with costs, which may be obtained against the City, its officers, employees or agents growing out of the injury or damage.
B. A certificate of current commercial general liability insurance complying with this section is required prior to the issuance of a permit for the following uses:
1. Monitoring wells or private connections to the public stormwater system. This requirement may be waived at the discretion of the City Engineer or the Stormwater Enterprise Manager.
2. Any special event held on public property.
3. Any other revocable permit that is deemed to be a high potential for liability risk to the City.
C. When required, commercial general liability insurance coverage in the name of the permittee shall have limits not less than those specified and shall name the City as an additional insured:
Five hundred thousand dollars ($500,000.00) combined single limit for bodily injury and property damage for each occurrence or claim made with an aggregate of one million dollars ($1,000,000.00).
D. Each insurance policy shall contain an endorsement to the effect that the insurance carrier shall notify the Mayor at least thirty (30) days in advance of the effective date of any reduction or cancellation of the policy. The cancellation or reduction of insurance coverage shall be cause for automatic suspension of the permit until the coverage shall be reinstated. All policies shall be kept in force for the period of the permit. (Ord. 4765; 1968 Code §10-146; 1980 Code; Ord. 94-80; Ord. 01-42; per correspondence dated 7-8-2003; Ord. 07-31; Ord. 08-44; Ord. 08-45; Ord. 11-19)
The City Council shall establish a schedule of fees for issuance and renewal of revocable permits to cover the cost of administration and enforcement and not as rental of City property. Fees shall be payable upon application. Fees shall not be refunded or prorated in the event of permit suspension or revocation.
All revocable permits shall be renewable unless expressly declared to be nonrenewable on the face of the permit. Renewal shall be obtained from the Mayor upon payment of the required fee if the Mayor has not received any objections in writing concerning the revocable permit. If objections are received, the Mayor shall review the renewal request to determine whether the public interest or the operations of the general City will be jeopardized by renewal of the permit. If the Mayor finds that the operations of the general City or the public interest will be jeopardized, the Mayor shall refuse to renew the permit, subject to appeal to the City Council. (Ord. 4466; Ord. 4765; 1968 Code §§10-148, 10-150; Ord. 94-80; Ord. 98-185; Ord. 01-42; Ord. 03-43; Ord. 11-19)
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