(A) Permit. No person shall encroach upon the sidewalk adjacent to the property owned or controlled by them either above, upon or under the same or shall cause or knowingly permit the same to be done, without first obtaining a permit from the City Council so to do. Any person wishing to set or hang out over or upon or in any sidewalk, any goods, wares or merchandise, poles for signs, stands or any other article, or wishing to place, erect or suspend any flag, sign, banner, show case or other fixture projecting into or hanging over any sidewalk from the buildings or premises owned or occupied by him or who wishes to excavate or remove any earth or other materials under any sidewalk, for use of space under said sidewalk, shall first apply to and obtain a written permit from the Council therefor.
(B) Application for permit. Every person desiring such a permit shall file with the City Clerk an application in writing giving his name and the location of his place of business, stating the specific purpose for which the permit is desired, the size and height of the article, if suspended above the street, the manner in which the same is to be suspended or attached and the depth, width and length of the opening if under the sidewalk and the construction of the same.
(C) Conditions of permit; bond.
(1) Any person making such application shall agree to construct the same according to the terms, manner and provisions to safeguard same, as directed by the Commissioner of Streets and Public Improvements and shall file his bond in a sum to be fixed by the Council of not less than $1000, with two sureties to be approved by the Mayor, conditioned upon the faithful performance of the duties required by ordinance, rule or regulation of the Council, and to defend, save, keep harmless and indemnify the city of and from all actions, suits, costs, damages and expenses, including attorneys fees, which shall or at any time may happen to come to it for or on account of any injuries or damages received or sustained by any party caused by any negligence on account of and from any negligence or in any inadequate structure built, or on account of said structure, constructed or excavated under or by virtue of his permit and to remove the encroachment within 30 days after being so notified by the Commissioner.
(2) In lieu of filing a bond as required herein, an applicant may submit with his application, a certificate of liability insurance designating the city as an additional insured, thereunder, which certificate shall be in an amount of not less than $100,000, and shall not be cancelled or terminated without prior written notice to the city.
(D) Issuance and term of permit. Upon compliance with the requirements of this section the Council shall issue a permit to such applicant. No such permit shall be granted for a longer period of time than five years.
(E) Scope of permit. No permit issued under the provisions of this section shall authorize the occupation or use of the public sidewalks, streets, alleys or other public places for the purpose of sale of merchandise or other products and materials; except, however, the city may authorize the occupation and use of the public sidewalks, streets, alleys or other public places for the purpose of sale of merchandise therefrom during a city sponsored or approved celebration, and in such event the use or occupation of the sidewalks, streets, alleys and other public places shall be pursuant to regulation and rule as promulgated by the City Council.
('72 Code, § 6.07) (Am. Ord. 612, passed 8-6-80; Am. Ord. 759, passed 6-5-91)