City rights-of-way may be used only by vehicles licensed by the state and other vehicles, bicycles or pedestrians as allowed under the provisions of this subchapter. Use of the rights-of-way shall be contingent upon following all state and city traffic laws and regulations. The rights-of-way may not be used for the purpose of conducting any business from a parked vehicle, except as allowed by a right-of-way use permit.
(A) Parade permits. The City Manager or his or her representative may issue a parade permit allowing use of the right-of-way by vehicles or persons, and for activities, not otherwise allowed under this subchapter. This permit shall be issued only for purposes of a parade, and only if the use of the right-of-way is for a period not to exceed three hours. The City Manager shall issue a parade permit if the following conditions have been met:
(1) The applicant has submitted an application for a parade permit at least one month prior to the date of the parade;
(2) The applicant has provided a parade plan, including information on the parade route, and plans and procedures for controlling traffic and crowds;
(3) If necessary, the applicant has made arrangements to have the Marshal and Deputies on duty at the parade and has agreed to pay the cost of that officer’s time;
(4) The Marshal, the Fire Chief and the Streets Superintendent have reviewed the parade route and plan and have indicated that the parade will not pose a hazard to the public health and safety;
(5) The applicant has provided the city with evidence of an insurance policy, naming the city as co-insured, in an amount not less than $500,000 liability; and
(6) The applicant has provided a refundable clean-up deposit in an amount adopted by Council resolution at a duly constituted meeting.
(B) Right-of-way use permits. The City Manager or his or her representative may issue a right-of-way use permit allowing use of the right-of-way by vehicles or persons, and for activities, not otherwise allowed under this subchapter. A right-of-way use permit may be issued upon a finding by the City Manager that a proposed use will not pose a danger to the public health and safety or an undue inconvenience to city residents. The Manager shall issue a permit if the following conditions have been met:
(1) The applicant has submitted a completed application for a right-of-way use permit at least one month prior to the date of the use, the application shall include information on the date, time and nature of the use, including provisions made for traffic and crowd control;
(2) The Marshal, the Fire Chief and the Street Superintendent have reviewed the application, and have indicated that the proposed use will not pose a hazard to the public health and safety;
(3) The applicant has submitted a petition, signed by not less than 70% of the residents abutting the property to be used; said petition stating that the proposed use will not impose an undue inconvenience on the abutting residents;
(4) The applicant has provided the city with evidence of an insurance policy, naming the city as co-insured, in an amount not less than $1,000,000 liability; and
(5) The applicant has provided a refundable clean-up deposit for each day the permit will be in force in an amount adopted by Council resolution at a duly constituted meeting.
(C) Miscellaneous rights-of-way permits. No construction, excavation, cutting of pavement, curbs, glitters or sidewalks shall occur in the city right-of-way without first obtaining a permit for the same.
(D) Sign permits. The City Manager or his or her representative may issue sign permits allowing the following signs to be located within or project over rights-of-way subject to the following.
(1) Portable sign. For each commercial business not fronting on Bill Williams Avenue or Railroad Avenue and located within the boundaries of the CBD, Central Business District, Zoning District only, the City Manager may issue a maximum of one sign permit for one portable A-frame sign to be located within the right-of-way subject to the following.
(a) The size shall not be larger than four square feet in area.
(b) Said sign shall be set back a minimum of four feet from any street curb, street cross walk or building doorway.
(c) The sign shall be weighted down to avoid movement by wind.
(d) The sign shall be removed from the right-of-way during the hours the business is closed.
(e) The sign permit fee is paid to the city in an amount adopted by Council resolution at a duly constituted meeting.
(f) A certificate of insurance which provides coverage to the city in the amount of $100,000 for each occurrence and $300,000 in the aggregate shall be provided to the city.
(g) The sign owner shall provide a statement to the city which shall hold the city harmless in the event of any claims against the city arising as a result of the use and/or placing of the sign in the public right-of-way.
(2) Projecting sign. For each use located within the boundaries of the HP, Historic Preservation Overlay, Zoning District only, the City Manager may issue a maximum of one sign permit for one projecting sign to project over the public right-of-way subject to the following.
(a) Said sign shall meet all applicable rules and regulations as set forth in the city’s zoning ordinance for projecting signs.
(b) The sign permit shall be issued upon the filing of a permit fee as set forth in the city’s Building Codes.
(c) A certificate of insurance which provides coverage in the city in the amount of $100,000 for each occurrence and $300,000 in the aggregate shall be provided to the city.
(d) The sign owner shall provide a statement to the city which shall hold the city harmless in the event of any claims against the city arising as a result of the use and/or projection of the sign over the public right-of-way.
(Prior Code, § 8-1.04) (Ord. 748, passed - -1995)