(A) It is unlawful for any person or persons to build, erect, place or maintain over, across or upon any of the public streets, sidewalks or public places of this city any awning, canopy or other structure, including signs, whether attached to the adjoining building or not, without first obtaining written permission from the city or its designated agent.
(B) (1) ADJOINING OR ADJACENT shall mean that land immediately attached to the public property over which such a structure is to be placed.
(2) Any person or persons desiring to place such a structure, or a structure of any nature, over or upon any street, sidewalk or public place of the city shall first make application to the city or its designated agent for permission and a license to place such structure.
(3) Such application shall set forth the name of the owner and legal description of the adjoining land, a description and drawing of the type of structure and the type of construction materials to be used.
(4) Such application shall contain a statement, to be signed by the applicant and the adjoining landowner, that such applicant and owner shall assume complete responsibility and liability to third persons for any injury to property or person occurring because of the placement or maintenance of said structure over public land.
(5) Said applicant shall further furnish proof of liability insurance in the sum of $100,000 per person and $300,000 aggregate.
(6) Every year upon the date of the original permit, the landowner or occupant of the property shall furnish proof of such insurance to the city as above set forth.
(C) Any owner or occupant of any building or lot adjacent to public property upon or over which a structure, as above contemplated, is constructed or maintained shall be liable for the design, erection and maintenance of such structure and shall be solely responsible for same as to any injuries to third parties, both as to their person or property, for any defects in such design construction or maintenance of said structure.
(Prior Code, § K-3-4) Penalty, see § 151.999
Statutory reference:
Related provisions, see SDCL §§ 9-12-7 and 9-30-3