[Amended 6-22-1966, approved 6-23-1966]
No person shall obstruct, encumber or occupy in any manner or for any purposes whatsoever any public street, highway or sidewalk area without first obtaining therefor from the Commissioner a written permit. No permit shall be required, however, for the placing of floral pieces along public thoroughfares in conjunction with any urban beautification program authorized by the City, except that such authorization for the placing of said items must be obtained from the City Council.
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, is prohibited unless a written permit has first been obtained from the Commissioner.
The permits shall be valid for a period not to exceed 30 consecutive calendar days, to be determined and specified therein by the Commissioner. Such effective period may be extended, if so requested in writing by the permittee prior to expiration thereof, for such additional period as the Commissioner in his discretion may authorize.
Any person desiring a permit for street obstruction shall make application therefor to the Commissioner upon forms provided for that purpose. The 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, 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 Commissioner, and a signed statement by the applicant that the said applicant agrees to abide by all the conditions of the permit, the provisions of the City 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 Commissioner until the applicant therefor shall have first placed on file with the Commissioner, without cost to the City, satisfactory evidence of public liability insurance in the amounts 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 the 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 the 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 any modification or cancellation of any such insurance.
[Amended 6-25-1969, approved 6-26-1969; 5-8-1974, approved 5-9-1974; 7-8-1987, approved 7-9-1987; 1-9-1991, approved 1-10-1991]
No permit for street obstructions shall be issued by the Commissioner until the applicant therefor shall have paid to the City Clerk a fee of $5 per week per linear foot of material and machinery to be placed parallel to the curb or $75, whichever amount is greater. No fee shall be charged for any application for a street obstruction permit for municipal, county, state, federal, school or nonprofit incorporated or chartered hospital purposes.
When a permittee exceeds the maximum authorized obstruction specified in a permit, such permittee shall, when so ordered, pay to the City Clerk such additional fees as the Commissioner may require, based on § 227-44. Failure on the part of the permittee to comply promptly with said order shall be sufficient cause for revocation of the permit.
A. 
Whenever a permit is issued by the Commissioner 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 therein by the Commissioner, but in no event shall such obstruction exceed 1/3 the width of the street.
B. 
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.
C. 
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 Building Code of the City, or when so ordered by the Commissioner, shall provide a safe, adequate and unobstructed temporary sidewalk around the obstruction or area occupied.
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 flares.
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 provided further that the Commissioner, at his discretion, may require that such loading and unloading 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 Commissioner, when so ordered.
No newly paved street shall be opened or dug up or the pavement thereof otherwise cut, injured or defaced for any purpose whatever by any person until after the expiration of three years from the date of the final completion of the newly laid pavement in said street or avenue; provided, however, that in case of emergency where the health of any person or the public at large in the City may be endangered, a permit for the opening of the said street may be granted by the Commissioner of Public Works. Said permit shall be in writing and shall state the nature of the emergency necessitating the issuance thereof and shall have endorsed thereon the approval of the Health Commissioner, and provided further that a street opening permit may be granted where new construction is involved.