CHAPTER 3
ENCROACHMENTS ON PUBLIC PLACES

SECTION:

10-3-1: Intent And Purpose

10-3-2: Hold Harmless

10-3-3: Insurance

10-3-4: Revocation Of Permit

10-3-1: INTENT AND PURPOSE:

   A.   The uncontrolled placement of architectural features, building projections, grates, vaults, areaways, waste collection receptacles, newsracks and other items in public places presents an inconvenience and danger to the safety and welfare of persons using such public places including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic control and emergency services.

   B.   Such encroachments so located as to cause an undue inconvenience or danger to persons using public places or which are unsightly in appearance are hereby declared to be public nuisances.

   C.   The provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the safety and general welfare of persons in the city and their use of public places. (2007 Code § 41-116)

10-3-2: HOLD HARMLESS:

As a condition of the issuance of a permit, the permit holder shall agree to pay on behalf of the city all sums which the city shall be obligated to pay by reason of any liability imposed upon the city for damages of any kind resulting from the placement or maintenance of an encroachment, whether sustained by any person or persons, caused by accident or otherwise, and to defend at its own expense and on behalf of the city any claim against the city arising out of the placement or maintenance of said encroachment on public property. (2007 Code § 41-117)

10-3-3: INSURANCE:

Prior to the issuance of a permit for an encroachment on public property, the permit holder shall provide proof of insurance acceptable to the city manager. (2007 Code § 41-118)