§ 61.203. Encroachments.  


Latest version.
  • No encroachment shall be erected in or on any right-of-way without the prior authorization of the City Council or obtaining a permit from the Public Works Director, if applicable.

    Permits for Use of Right-of-Way—Duration; Renewal. Unless the encroachment is specifically approved by the City Council, a permit allowing the temporary encroachment on public right-of-way is required prior to any encroachment thereon and said permits may be granted by the Public Works Director and the Zoning Official for periods not exceeding six (6) months, but may be renewed if the encroachment does not unreasonably restrict the public use of the right-of-way and the encroachment is necessary to accomplish the objective for which it is requested in a reasonable manner.

    Description of Space to be Used, etc. All applications for the use of public right-of-way must describe the space to be used and the length of time desired. The amount of space to be used, the location thereof within the right-of-way and the controls thereof shall be within the discretion of the Public Works Director, subject to the guidelines as outlined herein and to the concurrence of the Zoning Official.

    Revocation; Removal of Material. The Public Works Director shall have the right and privilege of revoking any permit for the occupancy of a portion of the right-of-way. The person to whom such permit was issued shall remove the encroachment from such right-of-way and restore the same to its former condition within a reasonable time after having been notified to do so by the Public Works Director.

    Public Protection. Whenever any of the public rights-of-way are used as provided by the terms of this Section, the person so using them shall place and keep thereon, from sunset to sunrise, approved lights and barricades as necessary for the protection of the public.

(Ord. of 9-16-1991, Doc. #25098; Ord. of 7-26-1993, Doc. #26770)