The intent of this article is to recognize the
right of the public to the use and enjoyment of property which is
in public ownership. It is further the intent to protect public property
and to ensure that it is not used for private gain, without proper
safeguards and fair compensation to the public.
The following activities shall be unlawful,
except with the prior written consent of the City Commission:
A. To use public property in connection with any business,
including the use of public property as a location for the sale of
any product.
B. To use public property in such a manner as to monopolize
and exclude other members of the public from equal and similar enjoyment
of the facilities. This shall not include such activities as making
use of picnic areas in city parks on a first-come basis.
C. To construct or install anything within, on, under or above public property. This shall include but not be limited to the placement of any structures, fencing, pavement, signs, pipes, wires, poles and antennas. Driveways which are part of approved site plans shall not require City Commission approval, but shall be subject to the provisions of Article
IV of this chapter.
The applicant shall furnish the Department of
Community Improvement with the following information regarding its
request to use public property. The review fee for such application
shall be as established by resolution.
A. The amount and location of public property necessary
for installation of its facilities. This shall include a description
of all property needed on a temporary basis for installation. This
shall also include the depth or height of the proposed facilities
as well as any requirements for separation from other facilities.
B. All safety information, including safeguards proposed
during installation. This shall include all maintenance of traffic
plans and shall show in detail any proposed impacts to streets and
adjacent properties. All proposed open cuts of roadways shall be explained
in detail.
C. The anticipated maintenance needs of the facilities,
including time frames.
D. The anticipated impact on other existing users of
the rights-of-way, including any necessary relocation requests.
E. The number of properties within the city which will
be eligible to receive service from the facilities.