[Amended 9-12-1983 by Ord. No. 32-1983; 5-27-1986 by Ord. No. 25-1986]
No suspended street decorations or advertising
shall be attached or affixed to any building or other structure until
a permit therefor has first been secured from the Director of Public
Works, nor shall any supporting strings, lines, wires or other method
of suspension be utilized for street decorations or advertising without
first securing a permit therefor from the Director of Public Works.
A.
Applications for permits for suspended street decorations
or advertising shall be made on forms provided by the Director of
Public Works.
[Amended 5-27-1986 by Ord. No. 25-1986]
B.
The applicant shall provide information as to the
dimensions, weight and exact location of the installation proposed;
the manner and type of fixtures to be utilized therefor; the names
and addresses of all persons responsible for the installation, maintenance
and removal of the same; the name and address and telephone number
of one person who shall serve as agent for all interested parties,
who may be contacted in case of emergency where any condition constituting
a hazard requires attention so that immediate contact may be made
at any time, including nights and holidays; such information as to
electrical installation and insulation to assure the safety of the
particular property and the occupants who may be affected thereby
and the general public utilizing the public thoroughfare.
C.
A sketch diagram of the private or public thoroughfare
over which the proposed installation will project shall be affixed
to such application form.
[Amended 5-27-1986 by Ord. No. 25-1986]
If the Director of Public Works shall be satisfied,
after examination of the application for a permit under this article
and attached diagram, that the proposed installation can be made without
endangering persons or property and there is adequate provision by
the applicant for the maintenance of the same, then the Director of
Public Works shall submit such application to the City Council for
its approval or disapproval, and if the City Council shall determine,
by resolution, that the proposed installation is in the public interest,
then a permit therefor shall be issued upon payment of the required
permit fee.
[Amended 5-27-1986 by Ord. No. 25-1986]
The fee for a permit required by this article shall be as specified in Chapter 170, Licenses and Fees. For the purpose of determining such fee, a minor installation shall be any installation which shall not be in existence for more than seven days from the date of commencement to the date of removal and shall be of such a minor character by weight and size and so installed that, in the opinion of the Director of Public Works, there shall be no possible hazard to persons or property sufficient to warrant protection in the public interest as set forth in § 238-24. All other installations shall be deemed to be major installations.
Permits issued under this article shall specify
a date on which the installation or attendant material or refuse shall
be removed by the permittee.
[Amended 5-27-1986 by Ord. No. 25-1986]
No permit for attachment of suspended street
decorations or advertising to any public or private utility pole shall
be issued until written consent of the owner thereof shall be filed
with the Director of Public Works.
[Amended 5-12-1986 by Ord. No. 7-1986]
A.
As a condition precedent to the issuance of a permit
under this article, the applicant or his duly authorized agent shall
deposit with the City Clerk a bond, in form approved by the Corporation
Counsel, in the sum of $5,000, to indemnify the City for any costs
incurred or damage inflicted by reason of the installation, maintenance
or removal of such suspended street decoration or advertising, along
with the cost of removal of any material or refuse caused thereby.
B.
In addition, an insurance policy, in a form approved
by the Corporation Counsel, for public liability coverage with limits
of $1,000,000 for each accident and $500,000 for any personal injury
as a result of any accident and $500,000 property damage arising out
of the installation, maintenance, removal or any consequences thereof,
shall be submitted prior to securing approval of any such permit.[1]
No supporting strings, lines or wires for suspended
street decorations or advertising shall be suspended at a height of
less than 16 feet above the surface of any street or sidewalk.
[Amended 5-27-1986 by Ord. No. 25-1986]
The Director of Public Works or his duly authorized
agent may inspect the installation, manner of maintenance or manner
of removal of any suspended street decoration or advertising at any
time. In the event he determines that a hazard exists by reason of
the same, he shall order immediate correction of the condition causing
the hazard, either by way of removal of the installation or other
safeguards. Except where the condition is so emergent as to require
immediate correction, he shall provide the permit holder with written
notice to correct the same within 48 hours, and any failure to comply
therewith after the expiration of 48 hours shall constitute a violation
of this article. Each day on which the condition shall continue shall
constitute a separate violation thereof.
A.
All suspended street decorations and advertising shall
be removed by the termination date set forth in the permit issued
by the Director of Public Works. In the event that they are not removed
by such date, the City may cause the same to be removed and may apply
its cost against the bond previously furnished. In the event that
any material or refuse remains after the removal, the cost of removing
such material or refuse shall be charged against the bond previously
posted in a like manner.
[Amended 5-27-1986 by Ord. No. 25-1986]
B.
In the event that any person fails to remove such suspended street decorations and advertising or any material or refuse therewith after having been served with an order from the Director of Public Works to do so in accordance with § 238-26, the City shall have the right to cause the removal of the same, and the cost of removal and all costs therewith shall be charged to the bond previously filed.
[Amended 5-27-1986 by Ord. No. 25-1986]
C.
In addition, any fine levied against any person violating
this article shall be paid from the bond previously filed if such
fine or any portion of the same is unpaid.
[Amended 5-27-1986 by Ord. No. 25-1986]
Any failure of any person to comply with the
provisions of this article or the regulations or orders of the Director
of Public Works issued pursuant to this article shall constitute a
violation of this article, and each day on which the condition shall
continue shall constitute a separate violation thereof. The right
of the City to proceed against the surety company shall not be construed
as being substituted for the right of the City to enforce this article
by proceeding directly against the persons committing violations thereof.
