(A) Except for work performed under a contract with the village, no work shall take place in a public right-of-way or street without a permit issued by the Village of Kingsley Street Administrator. All work permitted in the public right-of-way or street is subject to the following conditions:
(1) No zoning permit for construction or alteration of any structure requiring utility lines shall be issued permits required under this chapter for such utility work unless full compliance is adhered to as contained herein.
(2) All work shall be performed in such a fashion so as to minimize inconvenience to pedestrian and vehicular traffic and to protect the public health and safety. The Village Street Administrator may limit construction times, may require changes in precautionary measures and may otherwise impose reasonable requirements to enhance public health and safety and to enhance pedestrian and vehicular traffic flow. However, the responsibility for the public health and safety shall lie solely with the person(s) performing the work pursuant to any permit. No dirt or other material shall be placed on sidewalks or roadways.
(3) All facilities, both below ground and above ground, shall be constructed, installed and located only as permitted by the Street Administrator. If at any time the position of the utility lines or other facilities interfere with any work the village plans to perform or allow to be performed in, on or over the street or public right-of-way, it shall be the responsibility of the owner of the utility lines or other facilities, at that owner's sole expense, to remove or relocate the lines or other facilities to a location satisfactory to the village.
(4) Persons performing the work shall obtain and maintain any other permits or approvals that may be required by other local, state or federal agencies and/or utilities.
(5) When the work is fully completed, the street or public right-of-way shall be restored to the condition it was in prior to that work.
(6) Anyone doing work in a street or right-of-way pursuant to a permit shall hold the village (which, for purposes of this requirement, includes its officers and employees) harmless from, indemnify the village for and defend the village (with legal counsel reasonably acceptable to the village) against any pending or threatened claim, cause of action, administrative proceeding, award, judgment or order, for any injuries, deaths or property damage which may arise as a result of the work done under the permit.
(7) The Village of Kingsley, its employees, and assigns shall not be held liable or responsible for the placement of any fencing, landscaping, or other item within a public right-of-way or road owned by or within the jurisdiction of the Village of Kingsley. No person, firm, agent, or other entity shall place fencing, landscaping, or any other non-vegetative obstruction or item within a public right-of-way or road owned by or within the jurisdiction of the Village of Kingsley without first obtaining a permit from the village. The village may require that any fence, landscaping, or other item located within a public road right-of-way or road owned by or within the jurisdiction of the Village of Kingsley be removed at any time (regardless of whether a permit or approval for such items was given by the Village of Kingsley) if the Village of Kingsley determines that such item constitutes a traffic hazard, has not been maintained, or is aesthetically offensive.
(B) (1) Permits authorized by this chapter shall be obtained by making application to the Village of Kingsley Street Administrator.
(2) An applicant for a permit for construction, repair excavation, obstruction, or use of any street, sidewalk, curb, alley, or other public way shall furnish to the Village Clerk or Village of Kingsley Street Administrator a signed application setting forth the location of the activities, the purpose and extent thereof, the location of the construction, excavation, obstruction, or repair, the duration of the activities, the name of the person responsible for performing the work, and the other information as the Street Administrator or Village Clerk may request.
(3) The Street Administrator or Village Clerk may cause the matter to be investigated, and if satisfied that the work or other activity is reasonable and necessary, shall give written approval to the application. Reasonable conditions may be placed on the permit, and the permit shall be issued only upon full compliance with any such conditions.
(4) From time-to-time, the Village Council may establish a fee for the permit by resolution.
(C) (1) A person, firm, corporation, or any other entity shall not place or deposit, or cause to be placed or deposited, snow, ice, slush, leaves, or debris onto, into, or across any roadway or highway. This prohibition shall include, but not be limited to, snowplowing and snow blowing.
(2) A person, firm, corporation, or other entity shall not remove or place, or cause to be removed or placed, snow, ice, slush, leaves, or debris onto, into, or across a roadway or highway or the shoulder of the roadway or highway in a manner which interferes with traffic or obstructs the safety vision of the driver of a motor vehicle other than off-road vehicles. For the purpose of this subsection, "safety vision" is defined as an unobstructed line of sight enabling a driver to travel upon, enter, or exit a roadway or highway in a safe manner.
(Ord. 02 10-09, passed 10-12-2009) Penalty, see § 10.99