[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.
For each extension of 30 days or less, the applicant shall pay to the City Clerk, in cash or by check, payable to the City of Mount Vernon, an additional fee to be computed as outlined in § 227-43.
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.
