(A) Permit required; protection of public safety. Persons engaged in removing, trimming or other cutting of trees, including property owners and contractors, may occupy so much of the public roadway and sidewalk with necessary equipment and with downed trees, limbs or branches as is necessary for the downing or trimming of trees for a period of time no longer than is necessary for the cutting, trimming or removal, upon making application and receiving a permit in writing from the City Engineer or his or her designee to do so; provided the portion of the public roadway and sidewalk specified in the permit shall be set off and clearly delineated by barricades approved by the City Engineer or his or her designee and situated in a fashion approved by the City Engineer or his or her designee.
(B) Bond or insurance. Before a permit is issued by the City Engineer or his or her designee, the applicant may be required to file with the City Clerk a bond in the amount of $10,000, conditioned that the applicant shall defend, save, hold harmless and indemnify the city from all liabilities, claims, damages, judgments, costs and expenses of every nature and description caused by the willful or negligent conduct of the permit holder while engaged in the removing, trimming or other cutting of trees. The bond provisions of this section may be satisfied by the applicant depositing with the City Clerk an insurance policy providing public liability and property damage insurance to the city and the general public in the same amount as the bond, executed by an insurance company authorized to conduct business in the state; provided that an endorsement, approved as to form by the City Attorney, shall be attached to and become a part of each and every such liability insurance policy deposited with the city, and the endorsement shall contain each and every condition of the bond required by the governing body. The obligee of the bond or the beneficiary of the insurance policy shall be the city, and action may be maintained thereon by anyone injured by a breach of the conditions of the bond or of the covenants contained in the required endorsement on the policy of insurance for a period of 1 year after the completion of any such work.
(Prior Code, § 46-74)