A. 
Except in conjunction with work performed under Article III hereof or other necessary installation or maintenance work performed by public service corporations on their distribution facilities in the street, or pursuant to a permit issued under "An Ordinance to Regulate the Use of City Sidewalks by Abutting Merchants for Display Purposes,"[1] no person, firm or corporation shall obstruct, encumber or otherwise restrict the flow of traffic or occupy in any manner or for any purpose whatsoever any public street, highway or sidewalk area without first obtaining therefor from the Director a written permit for street obstruction.
[Amended 9-24-1984]
[1]
Editor's Note: See Article X of this chapter.
B. 
The use and operation of construction machinery or equipment in connection with building operations, when such machinery or equipment obstructs, encumbers or occupies any portion of a public street, highway or sidewalk area, will not be allowed unless a written permit for street obstruction has first been obtained from the Director.
C. 
Such permits shall be valid for an effective period, not to exceed 30 consecutive calendar days, to be determined and specified therein by the Director. Such effective period may be extended, if so requested in writing by the permittee prior to expiration thereof, for such additional period as the Director, in his discretion, may authorize.
[Amended 6-24-2019 by L.L. No. 3-2019]
Any person, firm or corporation desiring a permit for street obstruction shall make application therefor to the Director upon forms provided for that purpose. Said application shall contain the names and addresses of the applicant and of the owner of the property in front of which the street obstruction is proposed; the location of such property; the section, block and lot designation thereof; the extent and nature of the proposed obstruction; the date or dates thereof, together with such necessary sketches and additional information as may be required by the Director, and a signed statement by the applicant that said applicant agrees to abide by all the conditions of the permit, the provisions of the Charter and the ordinances of the City and the applicable rules and regulations of the Department of Public Works.
A. 
No permit for street obstruction shall be issued by the Director until the applicant therefor shall have first placed on file with said Director, without cost to the City, satisfactory evidence of public liability insurance in the amount of not less than $200,000 for any one person and not less than $300,000 for any one accident, and property damage insurance in the amount of not less than $25,000 for any one accident and $50,000 in the aggregate, and satisfactory evidence that said insurance has been approved as to form, correctness and adequacy by the Corporation Counsel, to insure the City against any loss, injury or damage arising out of the granting of the permit or from any negligence or fault of said applicant, his agents, servants or employees in connection with said obstruction or with any work related thereto.
B. 
Such insurance must remain in force throughout the effective period of the permit as well as any authorized extensions thereof and shall carry an endorsement to the effect that the insurance company will give at least 10 days' written notice to the City of Peekskill of any modification or cancellation of any insurance.
[Amended 11-14-1966; 3-28-2005 by L.L. No. 9-2005; 9-25-2017 by L.L. No. 2-2017]
A. 
No permit for street obstruction shall be issued by the Director until the applicant therefor shall have first paid to the City, in cash or by check, payable to the City of Peekskill:
(1) 
A deposit as set forth in the Consolidated Fee Schedule maintained in the office of the City Clerk shall be required; and
(2) 
Fees for residential commercial districts:
(a) 
A fee as set forth in the Consolidated Fee Schedule maintained in the office of the City Clerk shall be required for residential districts.
(b) 
A fee as set forth in the Consolidated Fee Schedule maintained in the office of the City Clerk shall be required for commercial districts.
B. 
No permit for street obstruction shall be extended by the Director until the applicant therefor shall have first paid to the City in cash or by check, payable to the City of Peekskill, a fee as set forth in the Consolidated Fee Schedule maintained in the office of the City Clerk if such obstruction or any part thereof occurs in streets located in or contiguous to any C-1, C-2, M-1 or M-2 District as defined in the Zoning Ordinance of the City,[1] as amended, or if such obstruction occurs elsewhere for each extension of 30 days or less.
[1]
Editor's Note: See Ch. 575, Zoning.
A. 
Amount.
(1) 
The amount of deposit for street obstructions shall be computed in accordance with the following unit prices for areas to be obstructed, encumbered or occupied, as determined by the Director:
(a) 
For the storage of materials, or any operation connected with the erection, demolition, repair, alteration or reconstruction of a building, other than the loading, unloading and/or operation of construction equipment or machinery, for each square foot: $0.50.
(b) 
For the loading, unloading and/or operation of construction equipment or machinery in connection with the erection, demolition, repair, alteration or reconstruction of a building, for each square foot: $1.
(c) 
Minimum amount of deposit for each street obstruction: $50.
(2) 
Amount of deposit, and minimum amount thereof, noted above, shall be doubled when the obstruction or any part thereto occurs in streets located in or contiguous to any C (commercial) District or any M (industrial) District as defined in the Zoning Ordinance of the City.[1]
[Amended 5-14-2007 by L.L. No. 3-2007]
[1]
Editor's Note: See Ch. 575, Zoning.
(3) 
When permittee exceeds maximum authorized obstruction specified in permit, said permittee shall, when so ordered, pay to the Director such additional amounts of deposit as the Director may require. Failure on the part of the permittee to comply promptly with said order shall be considered sufficient cause for revocation of the permit.
B. 
The deposit shall be retained by the City until expiration of the permit as security for the faithful performance by the applicant of all the terms, agreements, covenants and conditions of the permit on the applicant's part to be done or performed.
C. 
Upon the failure or default by the permittee of any of the terms, agreements, covenants and conditions of the permit on its part to be done and performed, said deposit may be used by the City for any expense incurred by the City by reason of such failure or default on the part of the permittee and without prior notice thereof to the permittee, and said permittee shall have no claim against the City for loss of anticipated profits or for any losses by reason thereof.
D. 
Any balance left after the expense of such failure or default, as determined and certified by the Director, has been paid and deducted from the amount of the deposit shall be refunded to the permittee.
A. 
In the case of a permit issued by the Director for a street obstruction related to the erection, demolition, repair, alteration or reconstruction of a building, the permissible area of the street, highway or sidewalk to be obstructed, encumbered or occupied shall be determined and specified by the Director.
B. 
Unless otherwise authorized in writing by the Director, the permittee shall conduct his operation under the permit for street obstruction in such a manner that not less than 2/3 of the total width of a street or highway pavement or surface shall at any time remain free of any obstruction.
C. 
The permittee shall keep clear and unobstructed at all times, and shall in no way interfere with prompt access to or adequate operation of, all manholes, catch basins, hydrants, valves or fire alarm boxes that may be situated in or near the area obstructed or occupied in accordance with the permit.
D. 
Except as otherwise provided herein, the permittee shall also keep clear and unobstructed at all times the sidewalk area and gutter in or near the area occupied under the permit and shall remove promptly therefrom any dirt or rubbish.
A. 
Except as otherwise provided herein, the permittee shall erect and maintain suitable protective barricades and fences around the obstruction or area occupied and shall at all times provide a safe, adequate and unobstructed passageway not less than four feet in clear width for the use of pedestrians.
B. 
When materials are to be moved over the sidewalks by means of derrick, crane, hoist or chute, the permittee shall provide a safe and adequate sidewalk shed conforming to the requirements of the New York State Uniform Fire Prevention and Building Code or, when so ordered by the Director, shall provide a safe, adequate and unobstructed temporary sidewalk around the obstruction or area occupied.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Temporary sidewalks, when so ordered, shall, wherever practicable, be built to the same level as the existing sidewalk and in such a manner as not to interfere with the free flow of water in the street or gutter.
D. 
The permittee shall also make adequate provision for the safe passage of vehicular traffic by day and by night. Where the free flow of traffic is interfered with, the permittee shall designate competent persons to direct and expedite traffic by means of lights or flags.
No permit for street obstruction shall be required for the loading or unloading across a sidewalk area of goods, wares or merchandise which are in the process of being transferred to or from trucks or other vehicles standing at the curbline; provided, however, that such loading or unloading shall be conducted in the most prompt manner possible and shall be subject to such laws and ordinances as may be adopted by the City, and provided further that the Director may, in his discretion, require that such loading and unloading shall take place during certain specified hours.
Any damage resulting from the obstruction, encumbrance or occupation of a public street, highway or sidewalk area or from the storage of materials or operation of construction equipment or machinery shall be repaired by the permittee to the satisfaction of the Director, when so ordered.