(a) All markings made in the public rights-of-way of the Village, including on sidewalks, in connection with construction, excavation or other work, shall be removed, to the Village's satisfaction, within 90 days after placement in the public right-of-way, or within ten days of the end of the markings' usefulness in connection with the project for which they were made, which ever occurs first. It shall be the responsibility of the holder of the permit for such work to remove all markings made within the public rights-of-way.
If no permit is required and the markings are made pursuant to a notification the State of Ohio Underground Utility Facilities Protection Service, pursuant to Ohio R.C. 3781.25 through 3781.32, the contractor or other person who made such notification shall be solely responsible for removing the marking within the time period set forth above.
(b) As a condition for obtaining a permit for construction or excavation or other work as is required in the Ordinances of the Village, the permit applicant shall provide a deposit equal to two dollars ($2.00) per linear foot of right-of-way adjacent to the property for which the permit is applicable, except that such deposit shall not exceed five hundred dollars ($500.00). The deposit will be returned upon the removal of all markings to the Village's satisfaction within the time period set forth in paragraph (a) above, provided there is no additional damage to the rights-of-way from removal of the markings. If said markings are not removed, the Village, after ten days written notice to the holder of the permit, may undertake removal of the markings and apply the deposit to the cost of the removal. The permit holder shall be responsible for any costs for removal that are not satisfied by the deposit.
(c) Notwithstanding the provisions of paragraph (b) of this Section 1020.03, whoever fails to comply with the provisions of paragraph (a) of this section is guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than 30 days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(d) The term “markings” as used in this Section 1020.03 shall include, but not be limited to, painted words or symbols, flags, lines and barriers of any kinds.
(Ord. 2012-92. Passed 9-12-12.)