A. Definitions: For the purposes of this section the following terms, phrases, words and their derivation shall ha the meaning given herein. When not inconsistent with the context, words used in the present include the future, words in the plural number include the singular mandatory and not merely directory.
ENCROACH: | The use, intrusion , enclosure or occupation of a street, sidewalk, parkway or the unused portion of a street. |
OBSTRUCTION: | Any obstacle or thing impeding, or inconveniencing or rendering dangerous, public travel upon and along a street, alley or sidewalk. |
PARKWAY: | That portion of public right-of-way situated between the curb line of any street and the property line of property abutting and adjoining any street. In the absence of a curb, the curb line of a street shall be deemed to be the edge of that portion of public right-of-way maintained and open to the use of the public for purposes of vehicular travel. |
PERSON: | Any person, firm, partnership, association, corporation, company, or organization of any kind. |
SIDEWALK: | The portion of the parkway of a street set aside and intended for the use of pedestrians. |
STREET: | Highways, roads, alleys, and bridges dedicated, purchased or otherwise acquired for the public, including the unimproved or unused portion thereof, maintained and open to use by the public. |
B. Obstructions: It shall be unlawful for any person, except as provided by this section:
1. To cause, create or maintain any encroachment, or obstruction, upon or within any street.
2. To place, install or maintain any object, substance or matter in lieu of trees, shrubs, bushes, grass or vegetation upon or within any street.
3. To erect maintain poles, wires, pipes or structures upon or below the surface of any street.
4. To drive any vehicle or ride an animal upon any sidewalk or parkway.
5. To erect a mailbox upon or within any street, sidewalk or parkway.
C. Property Abutting Street: Any owner or occupant of property abutting and adjoining any street may upon and within the parkway of such street:
1. Improve, adorn, or plant trees, shrubs, bushes, grass or vegetation; and
2. Place, install and maintain any object, substance or matter in lieu of trees, shrubs, bushes, grass or vegetation.
D. Illegal Obstructions: If any encroachment or obstruction has been placed, installed, erected, and maintained, or a use made and maintained for private or business purposes, upon a street, sidewalk or parkway without prior permission and consent, the Director of the Department of Public Works shall in writing require immediate removal thereof. If such encroachment or obstruction or use has not been removed, or commenced to be removed, and diligently prosecuted, prior to the expiration often (10) days form such notification, by the person who caused or owns or controls the encroachment, or obstruction, or use, the Director shall commence proper action to abate the same as a nuisance, and if judgment is recovered in favor of the City, the owner, occupant or person maintaining such nuisance may, in addition to having the same abated, be charged ten dollars ($10.00) for every day such nuisance remained after notice, as well as all costs.
E. Application To Be Filed: A person seeking to encroach, obstruct or use a street, sidewalk or parkway, including the unused or unimproved portion of a street, must file an application with the Director of Public Works, who shall present the same for the approval or disapproval of the City Council. The application shall include plans and specifications of sufficient clarity to indicate the nature and extent of the proposed obstruction, encroachment, or use of the street, sidewalk or parkway by which to demonstrate the relevant provisions of the Fairfield City Code and other relevant laws, ordinances, rules, regulations and orders will be complied with, the legal description o the property abutting the street, sidewalk or parkway upon or within such encroachment, obstruction or the use shall be or is intended to be performed, and any other additional information necessary to make a fair determination of whether to allow or permit the encroachment, obstruction or use.
F. Conditions Of Permit Granted: A permit granted pursuant to the provisions of this section shall be subject to the following conditions:
1. The person to whom a permit is given or granted shall acquire no property or contractual right in and to the street, sidewalk or parkway and such permit may be revoked whenever the Council deems it necessary as a proper police measure.
2. The person to whom a permit is issued shall comply with all laws, orders and regulations of the City and with any direction of any public officer, pursuant to law, which shall impose any duty upon such person, and such person shall at his sole expense obtain all licenses or permits which may be required.
3. The person to whom a permit is issued shall indemnify and save and hold harmless the City from and for any and all losses, claims, actions and judgments for damages or injuries to persons or property and losses and expenses caused or incurred by the permittee, its servants, agents, employees, guests and business invitees. In addition, the permittee shall maintain and keep in full force and effect liability insurance in which the City shall be named as a named insured in amounts established by the Council. The limits of insurance shall not be deemed a limitation on the permittee’s covenant to indemnify and save and hold harmless the City.
4. Upon revocation of any permit given or granted, or in case of any disturbance or damage to pavement, sidewalk or other surface or structure, permittee shall, at its own expense, and the manner required by the City, replace and restore such in a condition acceptable to the City. (Ord. 297, 4-13-2023)
A. Prohibition: The riding of bicycles on any and all of the sidewalks within the city is hereby prohibited.
B. Penalty: A violation of this section is punishable by a fine of not less than one dollar ($1.00) nor more than ten dollars ($10.00), to be assessed by any court having jurisdiction within the city. (Ord. 35, 8-7-1934)
A. Permit Required: Any person controlling, directing or otherwise engaging in public right-of-way construction within the City of Fairfield shall first obtain a permit. For the purposes of this Section, "public right-of-way construction" shall mean any construction activity, including excavation, conducted within, upon, or into, any city street, alley, or sidewalk within the city limits.
1. Exceptions: Permits are not required for the following:
a. City employees engaged in performing work for the city.
b. State of Idaho employees engaged in performing work for the State.
c. Utility company employees engaged in repair and maintenance, provided the utility company possesses an active franchise agreement with the City of Fairfield.
d. Work contracted by the city or the state to replaces highway guard rails, posts, signposts, delineative posts, culverts, electric poles, telephone poles, traffic control signs or device supports, or other similar publicly owned fixtures, in the same approximate location and depth within a public right-of-way.
e. Emergency repairs of water or sewer lines if approved by the city's Director of Public Works.
2. All applications for a Public Right-of-Way Construction Permit shall provide such information as the City Council deems necessary to determine the applicant's capability to perform and complete work within any public right-of-way. Application forms shall also include a list of duties and responsibilities for public right-of-way contractors.
3. Permit applications shall be accompanied by payment of a permit fee in an amount set from time to time by Resolution of the Council. Neither the permit fee nor any portion thereof shall be refunded once a permit has been issued. No portion of the permit fee shall be prorated. Permits issued shall not be transferable.
4. Upon receipt of a fully completed application, the application shall be transmitted to the City Council for approval or rejection. City Council shall take action on a fully completed application within sixty (60) days of receipt by the council.
B. Acceptance of Permit: Any person accepting a Public Right-of-Way Construction Permit from the City of Fairfield shall agree to hold the City harmless from any and all liability on account of the installation, construction, maintenance, or operation of the facilities located under this permit.
C. Insurance, Bonding, and Licensing: Prior to the commencement of any work, persons granted a Right-of-Way Construction Permit shall obtain and provide proof of the following, and maintain the same throughout any Public Right-of-Way project:
1. Insurance:
a. Comprehensive general liability coverage in an amount not less than five hundred thousand dollars ($500,000) single limit liability for personal injury, death, and property damage.
b. Additional coverage shall be required for any work utilizing explosives or work that may endanger or cause the collapse of adjacent buildings or facilities. Such coverage shall be a minimum limit of five hundred thousand dollars ($500,000) single limit liability for personal injury, death, and property damage. This coverage may be carried on an individual "project" basis where the need for such coverage is applicable.
c. All required policies shall carry an endorsement naming the City as "additional insured." All policies shall contain a clause giving the City Engineer a minimum of thirty (30) days advance written notice in the event of anticipated cancellation of a policy or any coverage.
d. Contractors with employees shall cany statutory worker's compensation insurance with at least five hundred thousand dollars ($500,000) employer's liability per occurrence. A certificate of insurance evidencing such worker's compensation coverage shall be filed with the City.
2. Bonding:
a. All contractors shall execute and deposit with the City either a bond in favor of the City or an equal amount in cash to ensure proper and adequate performance of all work within a public right-of-way.
b. Bond amount shall be in an amount commensurate to the entirety of the proposed project costs.
c. Future liability under any bond furnished hereunder may be cancelled by giving the City thirty (30) days advance written notice of the intention to cancel. Cancellation shall not affect any liability which may have accrued under the terms of the bond prior to cancellation. Permits shall be subject to revocation whenever a bond is canceled unless a comparable bond is furnished at the time of cancellation of the original bond.
3. Licensing: Every contractor must possess an Idaho Public Works License commensurate to the value of the proposed project and adhere to all regulations stipulated therein.
D. Inspections: The city shall inspect all work conducted under a Right-of-Way Construction Permit to ensure it is completed in accordance with the permit, design, and applicable regulations. No sureties shall be released until Final Approval is received from the City Engineer.
E. Revocation of Permit: If at any time, the City determines the permit holder has violated any provision of the permit or fails to comply with any applicable regulations or permit conditions, the city may revoke the permit. (Ord. 300, 11-9-2023)