(A) Permit required. No person shall encumber or obstruct any public street, alley or sidewalk in control of the City of Marseilles with building or other materials without a written permit. No person shall request a permit to encumber or obstruct more than one-third of any street or alley or one-half of any sidewalk except under emergency conditions. A separate additional permit shall be required in the event that the contemplated work involves the cutting, altering, or damaging of any such public street, alley, or sidewalk.
(B) Permit duration. The permit request and issued permit shall state the period of time the permit is in effect, which shall not continue for longer than 30 days. Any request for further encumbrance or obstruction may be made through a new permit application and granted only upon a finding that the applicant has acted diligently and the delay was due to unforeseen circumstances.
(C) Protection plan. The permit shall identify a protection plan as to how the encumbrance or obstruction will be protected. Unless waived by both the Commissioner of Streets and Public Improvements and the Commissioner of Public Health and Safety, protection plans shall be approved as evidenced by the signature of the City Engineer. The city reserves the right to modify the required protection plans as future circumstances may suggest to be appropriate. In any area of high vehicle or pedestrian traffic, the protection plan shall include lights at night and physical barriers such as caution tape, barricades, plywood, temporary chain link fencing as required to protect the public from the construction zone.
(D) Consideration factors. To be approved, the permit must be signed by the Commissioner of Streets and Public Improvements and the Commissioner of Public Health and Safety. The following factors shall be considered for the issuance or denial of any permit:
(1) The suitability of the protection plan;
(2) The number and location of other current obstruction permits;
(3) Calendar of community event;
(4) Calendar of public work improvements;
(5) Impact on adjoining property owners; and
(6) Amount of activity in the area to be encumbered or obstructed.
(E) Insurance. No permit shall issue absent a showing the applicant or the applicant's agent performing the work has adequate public liability insurance. In any area of high vehicle or pedestrian traffic, the city may require that insurance name the city as an additional insured party.
(F) Fees. An application for a permit shall be accompanied by the applicable fee. The fee for an application up to seven days in length shall be a flat fee of $100. The fee for an application more than seven days in length shall be a base fee of $100 for the first seven days and $10 per day for each day the permit is to be in effect. In addition to such base fee, the City Engineer may require the posting of a cash bond if the engineer believes there is a likelihood of damage to a street, sidewalk, or other city property. The amount of such bond shall be determined by the City Engineer and shall be based upon an estimate of the cost to remedy possible damage to a street, sidewalk or other property. At the termination of the permit, the cash bond shall be returned to the applicant if there is no damage to a street, sidewalk, or other property. In the event of any damage to a street, sidewalk, or other property, the applicant shall be liable for the repair costs of such damage and the cash bond shall be applied to the cost of repair.
(G) Fine. Whoever violates any provision of this section shall upon conviction be subject to fine according to the Uniform Fine Schedule in § 10.99.
('72 Code, § 6.06) (Am. Ord. 1323, passed 1-16-08; Am. Ord. 1326, passed 2-20-08)
Penalty, see § 97.999