[HISTORY: Adopted by the City Council of the City of Saratoga Springs 5-6-2008. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- PUBLIC RIGHT-OF-WAY
- Any real property in which the City of Saratoga Springs holds an easement for the benefit of the public.
The Code Administrator is hereby authorized to issue permits for the placement of any equipment, material, or vehicles in a public right-of-way within the City pursuant to this chapter. The Code Administrator shall provide forms for applicants. No permit issued by the Code Administrator pursuant to this chapter shall be construed so as to supersede or limit the lawful authority of any City official or department relative to the public ways.
Every person, firm, corporation, or legal entity who wishes to place any equipment, material, or vehicles in a public right-of-way within the City at any location within the City of Saratoga Springs shall be required to obtain a permit therefor from the Code Administrator.
Obtaining said permit shall be the responsibility of either the person, firm, corporation or legal entity that owns or occupies the premises on which any equipment, material, or vehicles are to be placed, or a person, firm, corporation or legal entity engaged in the business of providing any equipment, material, or vehicles. Each application shall state:
The name, address and phone number of the applicant, and, if the applicant is engaged in the business of providing any equipment, material, or vehicles, the name, address, and phone number of the person, firm, corporation or legal entity to whom any equipment, material, or vehicles will be provided.
If the applicant is an agent, the name, address and phone number of the person, firm, corporation or legal entity that he or she represents.
The proposed location of each item of proposed equipment, material, or vehicles, including a drawing or map showing the location of nearby buildings, sidewalks, streets, alleys, and other public ways.
The period of time any equipment, material, or vehicles shall remain in place.
Any other information as may be required by the Code Administrator to properly and adequately review the application.
Each application shall be accompanied by the permit fee.
The Code Administrator shall have the authority to reject any application. In rejecting any such application, the Code Administrator shall state the reasons for rejection.
Each application shall contain proof that the applicant has in effect commercial general liability insurance in the amount stated in the City's risk management and insurance requirement policy, naming the City of Saratoga Springs as additional insured. Each applicant shall also execute a hold harmless agreement indemnifying the City against loss, including costs and expenses, resulting from injury to person or property as a direct or indirect result of his or her enterprise.
The following fees shall be required for permits issued under this chapter:
Upon a finding that all requirements under this chapter have been met, the Code Administrator may issue a permit to the applicant. The Code Administrator shall have the authority to impose reasonable conditions upon the placement and/or use of any equipment, material, or vehicles.
Any permit may be amended or renewed upon proper application to the Code Administrator.
The Code Administrator may cause any equipment, material, or vehicles placed in violation of this chapter or in violation of the terms of any issued permit to be removed. Such removal may be effected without notice when the Code Administrator determines, in his sole discretion, that the equipment, material, or vehicles present an imminent danger or hazard to a person or persons or to the public. The Code Administrator shall, to the extent practicable, notify the permitted of the equipment, material, or vehicles to be removed. If the permitted cannot be located despite reasonable efforts, or if the permitted fails or refuses to remove the equipment, material, or vehicles within a reasonable time, the Code Administrator shall have authority to remove the equipment, material, or vehicles, and may cause such removed equipment, material, or vehicles to be discarded or destroyed or sold at public auction.