(A) A public way permit may be issued by the CAO upon:
(1) The receipt by the City Clerk of:
(a) A completed application for a public way permit, on a form provided by the city, which shall include, without limitation, the following information:
(b) The name and address of the applicant.
(c) A description of the proposed use and activity, and all efforts of the applicant to minimize any interference of that use and activity with the general public’s right to use that public way.
(d) An identification of the public way and the area of that public way for which the use and/or activity is proposed; and the dates that the proposed use and activity will begin and end.
(e) The parcel identification number of each parcel of real estate abutting upon each side of that portion of the public way for which the use and activity is proposed; and the names and mailing addresses of the owners thereof, according to the records of the Kenton County Property Valuation Administrator.
(f) A non-refundable application fee of one hundred dollars ($100.00).
(2) An inspection by the CAO of the are of the public way identified in the application.
(3) A determination by the CAO that the use and activity proposed in the application will not have any adverse effect upon the public health, safety, convenience and welfare; and will not unreasonably interfere with:
(a) The general public’s right to the use of the area of the public way identified in the application.
(b) The rights of the owners of property abutting upon the area of the public way identified in the application.
(4) The receipt of some security for the obligation hereby imposed on the applicant, for the restoration of the public way by the applicant to the condition thereof immediately prior to the activity and use thereof proposed in the application, with the form and amount of that security determined by the CAO to be reasonable and appropriate in the circumstances, including, without limitation, cash, check, letter of credit, or performance bond with surety approved by the CAO.
(B) In the event that the CAO determines that the activity and use of the public way proposed in the application will have any of the adverse effects or unreasonable interferences described in (A)(3); but that those adverse effects or unreasonableness interferences may be eliminated or ameliorated by the imposition of certain conditions on the activity and use of the public way proposed in the application, then that activity and use may be permitted by the CAO; but only subject to those conditions, which shall be identified in the permit; and with which the applicant shall comply.
(Ord. 2008-08-14, passed 9-29-08)