SECTION:
14.20.010: Encroachments Prohibited
14.20.015: Temporary Closure Of Highway Without Permit Prohibited
14.20.020: Conformance To Grade Required
14.20.030: Improvements On Or Near Sidewalk Or Curb Ramp
14.20.040: Obstructing Traffic On Sidewalk, Curb Ramp Or Highway Prohibited
14.20.050: Unattended Animals On Highway Prohibited
14.20.060: Impoundment Of Animals
14.20.070: Removal Of Unlawful Installations
14.20.080: Advertising; Permit Required
14.20.090: Confining And Securing Loads On Vehicles Required
14.20.100: Water Upon Highway Prohibited
14.20.105: Placing Snow Upon Highway Prohibited
14.20.110: Encroachments Deemed Obstructions
14.20.120: Revocable License For Certain Preincorporation Encroachments
It is unlawful to extend or construct any sidewalks or curb ramps so as to encroach upon any highway, nearer to the center thereof than the curb line as designated in this title, or to encroach upon any sidewalk or curb ramp with any building, fence, wall, post or other obstruction nearer than the fence line, so as to make the sidewalk narrower than the widths approved by the department. (1999 Code)
A. Permit Required: It is unlawful to fully or partially close one or more traffic lanes of any highway in the city in connection with any excavation, maintenance, or for any other purpose, except as permitted by and in accordance with the city's ordinances and regulations.
B. Application For Permit: Except as otherwise provided in this code, any person desiring to temporarily close any portion of a highway within the city shall first make application for a closure permit. Such application shall be filed with the city community development department on a form to be furnished by the city. Permits shall not be transferable or assignable. Each permit application shall state the starting date and estimated ending date. The permit shall be valid only for the time period specified in the permit.
C. Eligible Persons: No person shall be eligible to apply for or receive permits to do work on the city's highways, save and except the following:
1. Contractors licensed by the state as general contractors;
2. Public utility companies; (1999 Code)
3. Property owners installing, replacing, or maintaining less than five hundred (500) square feet or one hundred (100) linear feet of sidewalk, curb, and gutter, or driveway approach, or other work approved by the department, upon a portion of the public way abutting their residence; or (Ord. 2015-02, 2-5-2015)
4. Persons offering a service which requires occupation of the public way, such as scaffold or staging, staging of a crane, installation or maintenance of electric signs, glass, awnings, and painting or cleaning of buildings or sign boards or other structures.
D. Denial Or Issuance Conditions: The city may deny the issuance of a permit when, in the city's reasonable judgment, the requested closure is unnecessary. The city also may designate the time and date of any requested closure as necessary to reduce the adverse impact of such closure on public use of the highway. In approving or disapproving closure of any highway, the department shall act in such manner as to preserve and protect the city's highways and the public use thereof.
E. Approval Required: It shall be unlawful for any person to fully or partially close any portion of a highway in the city until the department has approved the application, the applicant has paid any closure fee required by title 3, chapter 3.16 of this code or any other provisions of this code, and until a closure permit has been issued by the department, except as specifically otherwise approved in this code.
F. Appeal: The disapproval or denial of an application by the community development department or other designee appointed by the city may be appealed by the applicant to the mayor by filing of a written notice of appeal within ten (10) days after the date of the denial. The mayor may hear such appeal, if written request therefor be timely filed as soon as practicable, and render a decision within a reasonable time following such appeal.
G. Exceptions: A closure permit is not required for a city, county, state, federal, or other government employee to perform routine maintenance work, not involving excavations.
H. Emergencies: Any person maintaining pipes, lines, or facilities in the public way may temporarily close, without a permit, such portion of a highway as reasonably may be necessary when emergency circumstances demand such closure; provided a permit could not reasonably and practicably have been obtained beforehand. If an emergency closure of a highway occurs during regular business hours, the department shall be notified within one-half (1/2) hour after the time the closure is commenced. If an emergency closure of a highway occurs after regular business hours, then the department shall be notified during the first hour of the next day that the city offices are open for business. The person conducting such closure shall take all necessary safety precautions for the protection of the public and the direction and control of traffic, and shall ensure that such closure and any attendant work in the public way is accomplished according to the traffic barricade manual and other applicable laws, regulations, or generally recognized practices in the industry.
I. Application For Permit Following Emergency: Any person undertaking an emergency closure of all or part of a highway shall apply for a permit as soon as possible after such closure commences, but no later than during the first hour of the first regular business day on which city offices are open for business after such closure is commenced. In the department's discretion, a permit for such emergency closure may be issued retroactively to the date when the closure commenced. (1999 Code)
It is unlawful to lay, build or construct any sidewalk upon any highway in the city where the grade has been fixed by order of the city, except in accordance with such grade, or to lay, build or construct any permanent pavement or sidewalk, except upon specifications furnished by the department or its designee in accordance with such fixed grade; and it is the duty of the department to keep records, plats or maps showing the grades as fixed, for reference, and for furnishing specifications therefrom, the fee provided by law to be charged for such specifications and to be paid into the city treasury. (1999 Code)
Loading...