No person shall obstruct or cause to be obstructed
any alleyway or lane adjacent to any building within the fire limits
of the City by the piling of boxes or other material or the parking
of automobiles or other vehicles.
[1]
Editor's Note: Section 342-37 (former Section 244.53), Duty to keep sidewalks clear of snow, ice and other obstructions; performance of work by City, as amended 3-7-1990 by the Common Council, was repealed 3-4-1992 by Ord. No. 92-4 of the Common Council, effective 8-1-1992. For current provisions, see Art. III, Snow, Ice and Other Obstructions on Sidewalks and Ramps, of Ch. 285, Streets and Sidewalks.
[Amended 9-4-2002 by Ord. No. 2002-12; 5-4-2005 by Ord. No. 2005-08]
A.
Type and amount.
(1)
No permit for street obstruction shall be issued by
the Superintendent until the applicant therefor shall have first placed
on file with the City Clerk, without cost to the City, satisfactory
evidence of public liability insurance in the amount of not less than:
(a)
Commercial liability insurance:
[1]
Aggregate: $2,000,000.
[2]
Products/completed operations: $1,000,000.
[3]
Personal and advertising injury: $1,000,000.
[4]
Each occurrence: $1,000,000.
[5]
Fire damage (any one fire): $300,000.
[6]
Medical expenses (any one person): $5,000.
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Note: If the permittee is a contractor, specify
on certificate that aggregate is specific to particular job alone.
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(c)
Automobile liability insurance: $1,000,000 each
accident (including coverage for any auto, including hired and nonowned).
(d)
Workers compensation (if permittee has employees).
(2)
The City shall be named as an additional insured with
respect to commercial general liability, excess liability and automobile
liability.
(3)
Prior to granting a permit for street obstruction,
said insurance must be approved as to form, correctness and adequacy
by the City Attorney to insure the City against any loss, injury or
damage arising out of the granting of the permit or from negligence
or fault of said applicant or his/her 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
any modification or cancellation of any such insurance.
C.
Block parties and similar neighborhood gatherings, motorcades, parades, and public gatherings and assemblages, for which a street obstruction permit has been granted, are exempt from the insurance requirements set forth in § 342-38A above. Street obstruction permits for block parties and similar neighborhood gatherings shall be issued only upon the condition that no alcohol is consumed in the public rights-of-way. Street obstruction permits for block parties and similar neighborhood gatherings must be approved by the City Manager and the Superintendent.
[Amended 11-3-2021 by Ord. No. 2021-09]
A.
Superintendent to establish limits. In the case of
a permit issued by the Superintendent 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 Superintendent. No sidewalk vaults, gratings or areas will
be permitted.
B.
Portion to be free from obstruction. Unless otherwise
authorized by the Superintendent, the permittee shall conduct his/her
operation under the permit for street obstruction in such a manner
that no 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.
Access to facilities required. 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.
Use of metered zones. The use of any metered zone
or area for a period of more than five days must be approved by the
Board of Public Works, which will establish the amount of reimbursement.
A.
Barricades, fences and passage. Except as otherwise
provided herein, the permittee shall erect and maintain suitable protective
barricades and fences and suitable warning lights 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.
Movement of materials. 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 complying
with the requirements of the Building Code of the City[1] or, when so ordered by the Superintendent, shall provide
a safe, adequate and unobstructed temporary sidewalk around the obstruction
or area occupied.
C.
Temporary sidewalks. Temporary sidewalks, when so
ordered, shall, wherever practicable, be built to the same level as
the existing sidewalk and in such manner as not to interfere with
the free flow of water in the street or gutter.
D.
Safeguarding vehicular traffic. 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.
Any damage resulting from the obstruction, encumbrance
or occupation of a public street, highway or sidewalk area or from
the storage of materials or the operation of construction equipment
or machinery shall be repaired by the permittee to the satisfaction
of the Superintendent when so ordered.
No permit for street obstruction shall be required
for the loading or unloading across a sidewalk area of goods, wares
or merchandise which is 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 Superintendent may, in his/her discretion, require that such loading
and unloading shall take place during certain specified hours.
