Sec. 22-1.  Responsibility for removal of snow, ice, mud, etc., from sidewalks. 

 

It is hereby declared to be the responsibility of the owner and/or occupant of real estate within the city to keep his, her, or their public sidewalks clean and free from obstructions and accumulations of snow, ice, mud and slush.

 

(a)   It shall be an offense for the owner and/or tenant or occupant of any lot, vacant or occupied, within the city to allow snow, sleet, mud, ice or other substances to accumulate on the public sidewalks adjacent thereto, or to permit any snow, sleet, mud, ice, or other substance to remain upon the sidewalk.  A sidewalk shall be promptly cleaned of mud or other substance and cleared within twenty-four (24) hours after the cessation of the snow or sleet storm depositing snow or ice thereon.

 

(b)   The city, by and through its agent, may clean or cause to be cleaned any sidewalks in violation of subsection (a) above after giving the property owner or one (1) of the property owners, the tenant or occupant actual notice of the city’s intent to take such action more than twenty-four (24) hours before taking action and charge the reasonable cost of such sidewalk cleaning to the property owner(s), tenant or occupant who received notice.

 

(c)   As a part of the judgment of conviction under this section, the court shall assess the reasonable costs incurred by the city under subsection (b) hereunder against the defendant for reimbursement to the city as a part of the court costs.

 

(d)   A violation of this section shall give rise to a cause of action for damages in favor of any person who is injured by the failure or neglect of the owner and/or occupant of the real estate to comply with this section. 

 

Source:  Code 1962, § 9-5-1; Ord. No. 3174, § 1, 11-21-83; Ord. No. 3180, § 1, 12-19-83; Ord. No. 3219, § 1, 6-18-84; Ord. No. 5037, § 1, 10-6-08; Ord. No. 5051, § 1, 2-17-09

 

Sec. 22-2.  Deposits of injurious material.

 

It shall be unlawful for any unauthorized person to deposit, place or allow to remain in or upon any public thoroughfare any material or substance injurious to person or property. 

 

Source:  Code 1962, § 6-1-23; Ord. No. 3088, § 12, 9-7-82

 

Sec. 22-3.  Paving of terraces.

 

(a)   No person shall pave any terrace without the permission of the mayor and council.

 

(b)   As used in subsection (a), the term “terrace” shall mean that area between the property line and the curb line of the street. 

 

Source:  Code 1962, § 10-5-15

 

Secs. 22-5--22-15.  Reserved.

 

Sec. 22-16.  Compliance.

 

All sidewalks shall be constructed or repaired in accordance with the provisions of this article. 

 

Source:  Code 1962, § 9-1-1

 

Sec. 22-17.  Publication of notices.

 

In all cases where notice is required under this article and service cannot be made as herein provided, the same may be made by publication for two (2) weeks in some newspaper published in the city. 

 

Source:  Code 1962, § 9-1-12

 

Sec. 22-18.  General standards.

 

(a)   All sidewalks shall be constructed of portland cement concrete and shall be constructed to a true line and grade as established by the public works department.  The subgrade shall be carefully prepared, and where existing subgrade material is, in the opinion of the public works department, unsuitable as a foundation material for sidewalks, the unsuitable material shall be removed and replaced with satisfactory compacted material.  The portland cement concrete shall meet the city paving specifications for cement, water, aggregate and mixing.  The operations of placing, finishing and curing shall also conform to the general requirements as specified in the city paving specifications.

 

(b)   Unless otherwise specified, the sidewalks shall be constructed four (4) inches thick where subjected to pedestrian traffic only.  They shall be five (5) inches thick at all residential driveways.  At all business driveways or entrances the thickness shall be figured to meet the wheel loads expected, but in no case shall the walk across such entrances be less than six (6) inches thick.  The edges of the walk may be bevelled and suitable allowance may be made with additional bevelling to protect the edges at all locations where it can be reasonably expected the walk will be crossed by vehicles.  Planes of weakness shall be marked off on the surface in square blocks.  These blocks shall contain not less than nine (9) square feet, nor shall they exceed twenty (20) square feet.

 

(c)   On these lines the concrete shall be cut through for not less than one-fourth the thickness with a pointed trowel and the concrete edged on both sides.  An expansion joint made of one-inch prefabricated asphalt material shall be placed at the ends of each lot, and against any curb that the sidewalk abuts, but these expansion joints shall not be placed more than one hundred (100) feet apart. 

 

Source:  Code 1962, § 9-1-4; Ord. No. 3058, § 1(31), 3-1-82

 

Sec. 22-19.  Location.

 

(a)   In Zoning Districts A, R-1, R-2 and R-3, all sidewalks shall be placed six (6) inches from the property line.

 

(b)   The council may grant a variance from the provisions of subsection (a) upon recommendation from the public works department, provided that:

 

(1)       The side shall be no closer than three (3) feet to the curb,

 

(2)       Should conditions be such that it is impractical to build the sidewalks except adjacent to the curb, the owner shall pay for extra width of walk to provide necessary pedestrian safety.  In no case shall curb walks be less than five (5) feet wide.  

 

Source:  Code 1962, § 9-1-2

 

Sec. 22-20.  Width.

 

In Zoning Districts A, R-1, R-2, and R-3, sidewalks shall have a minimum width of five (5) feet.  In other zoning districts, except District C-2, sidewalks in front of premises used for residential purposes may use the five-foot minimum width unless by recommendation of the public works department and order of the council a different width is required.  In all other districts the sidewalk widths shall be determined by the needs of the business and of the city.  This need shall be determined upon investigation by the public works department, and recommendations made and approved by the council.

 

Source:  Code 1962, § 9-1-1; Ord. No. 5617, § 1, 6-3-19;

 

Sec. 22-21.  Slope and longitudinal gradient.

 

The sidewalk shall slope (cross slope) toward the street a minimum of one-eighth inch per foot and a maximum of one-quarter inch per foot.  The longitudinal gradient shall not exceed 5%.  If the longitudinal sidewalk grade exceeds 5%, a level landing area of 5 feet by 5 feet shall be provided for every 30 inch of longitudinal rise.  All sidewalks shall comply with the American Disability Act. 

 

Source:  Code 1962, § 9-1-3; Ord. No. 4892, § 1, 7-3-06

 

Sec. 22-22.  Notice to city of construction; city inspections and tests.

 

The owner or contractor shall give the public works department at least seventy-two (72) hours notice of intent to build a sidewalk, and it shall be the responsibility of the public works department to establish the proper grades and to give such inspection as shall be necessary to ascertain that all the provisions of this article are being complied with.  If, in its opinion, a doubt exists as to the proper mixing of the concrete, it may have test cylinders made, and should the concrete fail to meet the required strength requirements as called for in the paving specifications, the owner or contractor will be required to remove the walk and replace it at his own expense, and he shall be required to pay the cost incurred by the city for having the test cylinders made and tested.  Should the cylinders show that the concrete is meeting the necessary strength requirements, the cost of the testing shall be borne by the city. 

 

Source:  Code 1962, § 9-1-6

 

Sec. 22-23.  Duty of owner to repair; construction or repair by order of city; right of city to do work.

 

(a)   The owner of each lot, tract or parcel of land adjacent to which a sidewalk is constructed, or which may hereafter be required to be constructed, is hereby required to keep such sidewalk in good repair and safe condition.  All sidewalks shall be free of cracks, grass or other trip hazards.

 

(b)   In addition to the provisions set forth in (a) above, an owner of a lot, tract or parcel of land, upon written notice from the department of public works with the approval of the city council, shall construct or repair a sidewalk or sidewalks adjacent to such lot, tract or parcel, or repair the sidewalk or sidewalks adjacent to such lot, tract or parcel of land.  All such sidewalks shall be constructed or repaired within ninety (90) days after the service of said written notice upon the owner or, in the alternative, the owner of the lot shall, within ninety (90) days after the service of said written notice upon the owner, provide to the city's department of public works proof of a written contract between the property owner and a third party for the construction or repair of the sidewalk; provided that if the owner does not reside within the city, the notice shall be served upon the owner's agent or upon the occupant or tenant of said lot, tract or parcel of land.

 

(c)   If the owner, agent, occupant or tenant of such lot, tract or parcel of land shall fail to construct or repair such sidewalks within the ninety (90) day period after notice shall have been served upon him, her or it, and if the owner, agent, occupant or tenant of such lot shall fail to, within ninety (90) days after the service of said written notice, provide to the city's department of public works proof of a written contract with a third party for the construction or repair of the sidewalk, it shall be the duty of the department of public works to have the sidewalk or sidewalks constructed or repaired and all expenses incurred in the construction or repair of said sidewalk or sidewalks shall be specifically assessed against the lot, tract or parcel of land adjacent thereto and collected in the manner provided by law for special assessments.  The city shall charge a price per square foot or lineal foot as set forth in Section 2-5 of this Code which shall be charged for the construction or repair of sidewalks; or, the city may have the department of public works keep accurate records of the costs of construction or repair and submit said cost records to the city council for the purpose of specially assessing said costs against such lot, tract or parcel or land as provided herein. 

 

Source:  Code 1962, §§ 9-1-7, 9-1-8, 9-1-11; Ord. No. 3680, § 1, 10-2-89; Ord. No. 4892, § 2, 7-3-06; Ord. No. 5135, § 13, 9-7-10; Ord. No. 5794, § 1, 7-18-22;

State law reference--Sidewalk assessments, R.R.S. 1943, 16-661 et seq.

 

Sec. 22-24.  Stop work orders; right of city to do work.

 

All sidewalks constructed shall conform to the provisions of this article.  If a person constructs a sidewalk in violation of this article, the public works department shall stop the work of such construction and shall order the same to be made in accordance with the provisions of this article and the work already made to be changed, and on failure of such person to change any such work, the public works department shall forthwith change said work and furnish the council with an itemized statement of the expense and such expense shall be assessed against said property and collected in such manner provided by law. 

 

Source:  Code 1962, § 9-1-9

 

Secs. 22-25--22-35.  Reserved.

 

Sec. 22-36.  Compliance required.

 

It shall be unlawful for any person to excavate in any public right-of-way, street or alley, to cut through or into any pavement, to cut, break or remove any curbing or combined curb and gutter or to in any manner wilfully damage or deface any pavement, curbing or gutter on any public right-of-way, street or alley within the city, except in accordance with the provisions of this article. 

 

Source:  Code 1962, § 9-2-1

 

Sec. 22-37.  Enforcement.

 

The provisions of this article shall be enforced by the public works department. 

 

Source:  Code 1962, § 9-2-9

 

Sec. 22-38.  Work performed by city--Generally.

 

(a)   Except as provided for in this article, all cutting of pavement, breaking, cutting or removal of curbing or gutter; refilling and tamping of trenches, holes, openings in pavement, or unimproved rights-of-way; and the proper repair and replacement of pavement, curbing, or combined curb and gutter done by the public works department will be assessed at the actual cost of materials plus time and equipment used pursuant to Section 2-5 of this Code. 

 

(b)   Before performing any work for any person under this article, the public works department shall verify that such person has a permit authorizing such work. The department shall review the conditions of such permit as to the amount of work authorized and the location of same. 

 

Source:  Code 1962, § 9-2-3; Ord. No. 3058, § 1(32), 3-1-82; Ord. No. 3870, § 1, 5-4-92; Ord. No. 5882, § 1, 5-6-24

 

Sec. 22-39.  Same--Record of costs.

 

The public works department shall keep an accurate record of the amount of the work being done by it on each permit, and to submit same to the clerk for billing purposes.  However, if the work done by the division is done for the water and sewer maintenance division, then such costs may be charged directly to either the water fund or the sewer maintenance fund, as the case may be. 

 

Source:  Code 1962, § 9-2-4

 

Sec. 22-40.  Persons eligible to do work.

 

Only a contractor registered with the city pursuant to Chapter 6 of this Code will be permitted to grind, cut, remove or install street curb and gutter.

 

In addition to the registration requirements contained in Chapter 6 of this Code, a registered contractor shall not be permitted to grind, cut, remove or install street curb and gutter unless that registered contractor has named the city as an additional insured on the insurance certificate required for registration as a contractor in Chapter 6 of this Code.

 

Source:  Code 1962, § 9-2-1; Ord. No. 3870, § 1, 5-4-92; Ord No. 4885, § 1, 6-19-06

 

Sec. 22-41.  Prohibited during certain months.

 

Except with the permission of the public works department, no person shall grind or make any excavation or cut in brick, concrete or asphalt pavements between November 1 and April 1. 

 

Source:  Code 1962, § 9-2-8; Ord. No. 3870, § 1, 5-4-92

 

Sec. 22-42.  Reserved.

 

Sec. 22-43.  Special provisions for curb and gutter at driveway openings and concrete paving cuts.

 

(a)   Where combined curb and gutter is being removed for a driveway opening, the curb and gutter shall be replaced with a driveway lip curb prior to the construction of the driveway.  The grade of the curb gutter shall match the grade of the street.

 

(b)   All concrete paving cuts shall be made by sawing the concrete paving.  All curb cuts for driveways shall be made by grinding or sawing the curb, or by removal of the curb and gutter.

 

Source:  Code 1962, §§ 9-2-1, 9-2-5; Ord. No. 2955, § 1, 1-5-81; Ord. No. 3870, § 1, 5-4-92

 

Sec. 22-44.  Tunnels.

 

(a)   No tunneling or under-cutting of banks in any trenches or openings in pavement will be permitted.  All banks shall be cut straight down vertically from the surface of pavement so that the hole or trench may be properly backfilled and tamped.

 

(b)   Small tunnels will be permitted for the installation of service pipes or other construction passing under the curbing or under curb and gutter, but the natural earth shall not be removed nor disturbed for a depth of not less than three (3) feet immediately beneath the lower edge of such curb or gutter, and the person to whom the permit is issued shall be held responsible for a period of one year for any subsequent settlement or damage to the curb or gutter when caused by his work. 

 

Source:  Code 1962, § 9-2-7

 

Sec. 22-45.  Reserved.

 

Editor’s note--Section 22-45, which pertained to backfilling, was repealed by Ord. No. 3058, § 1(33), enacted May 1, 1982.  Said section derived from § 9-2-6 of the 1962 Code.

 

Sec. 22-46.  Lights and barricades.

 

All openings in public streets or alleys shall be barricaded and protected by amber lights until the public works department has refilled and tamped the hole or opening.  If the plumber or contractor shall fail to properly barricade any opening in the public streets or alleys, the public works department may barricade and properly light such openings and charge a rental fee for such barricades and lights to said plumber or contractor. 

 

Source:  Code 1962, § 9-2-8

 

Sec. 22-47.  Provisions to assure speedy work.

 

(a)   After a permit is issued pursuant to the provisions of this article and the street has been excavated, the contractor or plumber shall proceed with his work as rapidly as possible, in order that traffic may not be unnecessarily inconvenienced.  If, in the opinion of the public works department, the contractor is unnecessarily delaying his work, it shall give the contractor notice to proceed within twenty-four (24) hours.  If he fails to do so, the public works department may then backfill the hole and charge for the work done.

 

(b)   When desiring any such work to be done, the holder of a permit shall notify the public works department, giving it all necessary information as to location and dimensions of the work required, and the department shall arrange its work and forces so as to have such work done as soon as is reasonably possible thereafter during regular working hours and in conformity with his regular schedule of operations.  However, the department shall be given not less than twenty-four (24) working hours notice prior to the time when such work is desired. 

 

Source:  Code 1962, §§ 9-2-3, 9-2-7

 

Sec. 22-48.  Relative responsibilities of permittees and city.

 

(a)   Each person to whom is issued a permit pursuant to the provisions of this article shall be responsible for all work connected with such permit from the time the permit is issued until the final replacement of pavement, curbing or gutter and the removal of all obstructions or obstacles to uninterrupted traffic over same, or the refilling and tamping by the city, whichever comes first.  Thereafter responsibility for the hole or opening shall belong to the public works department.

 

(b)   Nothing in this section shall relieve the plumber or contractor from his responsibilities under section 22-44(b). 

 

Source:  Code 1962, § 9-2-8

 

Sec. 22-49.  Exemptions.

 

(a)   Nothing in this article shall interfere or conflict with any city ordinance pertaining to the responsibility of plunders and their liability for property damage, workmen’s compensation and public liability.

 

(b)   Nothing in this article shall interfere or conflict with any city regulations pertaining to the time of year in which cuts may be made in streets or pavement. 

 

Source:  Code 1962, § 9-2-8

 

Secs. 22-50--22-65.  Reserved.

 

Sec. 22-66.  Required.

 

No person shall excavate in any street or alley, cut through or into any pavement, or break, grind, cut or remove any curbing or gutter on any public street or alley in the city without a permit for such work from the city permits division. 

 

Source:  Code 1962, § 9-2-2; Ord. No. 3870, § 1, 5-4-92

 

Sec. 22-67.  Application.

 

An applicant for a permit required by the provisions of this article shall furnish the city permits division with the following information:

 

(1)       The name of the street or avenue on which the work is to be done.

 

(2)       The street address and the legal description of the property for which the work is required.

 

(3)       The name of the owner of such property.

 

(4)       The name of the plumber or contractor performing the work.

 

(5)       The purpose for which the work is required.

 

(6)       The size or area of pavement to be torn out or the linear feet of curb (and gutter or curb to be removed), the dimensions to be given in feet as nearly correctly as is possible to estimate same. 

 

Source:  Code 1962, § 9-2-2; Ord. No. 3870, § 1, 5-4-92

 

Sec. 22-68.  Fees.

 

(a)   An applicant desiring a permit required by the provision of this article shall pay a permit fee in accordance with the schedule set forth in Section 2-5 of this Code upon the completion of the work; provided, however, no permit shall be issued nor shall any work be commenced without the applicant first having paid the minimum fee as set forth in Section 2-5 of this Code.

 

(b)   An applicant desiring to rent barricades shall pay a rental permit fee in accordance with the schedule set forth in Section 2-5 of this Code, provided, however, no permit shall be issued nor shall any barricades be used without the applicant first having paid the minimum fee as set forth in Section 2-5 of this Code.

 

The prices set forth in Section 2-5 of this Code cover the backfilling, tamping, removal, repairing and maintaining the road surface. 

 

Source:  Code 1962, § 9-2-5; Ord. No. 2995, § 1, 1-5-81; Ord. No. 3500, § 8, 9-8-87; Ord. No. 3800, § 1, 5-6-91; Ord. No. 3870, § 1, 5-4-92; Ord. No. 4602, § 1, 9-16-02; Ord. No. 4857, § 1, 12-5-05; Ord. No. 4885, § 2, 6-19-06; Ord. No. 5020, § 1, 8-18-08; Ord. No. 5135, § 13, 9-7-10

 

Sec. 22-69.  Persons eligible.

 

No permit shall be issued pursuant to the provisions of this division to any person who at the time of the permit application is indebted to the city for fees incurred under this article. 

 

Source:  Code 1962, § 9-2-5; Ord. No. 2995, § 1, 1-5-81

 

Secs. 22-70--22-80.  Reserved.

 

Sec. 22-81.  Definitions.

 

As used in this article a “building” is a structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational or recreational purposes.

 

Source:  Code 1962, § 5-16-1

 

Sec. 22-82.  Use of designated streets.

 

A person shall move a building only over streets designated in the written permit issued pursuant to the provisions of this article. 

 

Source:  Code 1962, § 5-16-7(A); Ord. No. 5563, § 38, 8-20-18;

 

Sec. 22-83.  Lights and barricades.

 

A person to whom a permit has been issued pursuant to the provisions of this article shall cause amber lights to be displayed during the night-time on every side of the building, while standing on a street, in such manner as to warn the public of the obstruction, and shall at all times erect and maintain barricades across the streets in such manner as to protect the public from damage or injury by reason of the removal of the building. 

 

Source:  Code 1962, § 5-16-7(D)

 

Sec. 22-84.  Notice to city of damaged property.

 

A person to whom a permit has been issued pursuant to the provisions of this article shall notify the Planning and Development Department in writing of any and all damage done to property belonging to the city within twenty-four (24) hours after the damage or injury has occurred. 

 

Source:  Code 1962, § 5-16-7 (C); Ord. No. 5563, § 39, 8-20-18;

Sec. 22-85.  Time limit for being on streets.

 

A person to whom a permit has been issued pursuant to the provisions of this article shall remove the building being moved from the city streets after forty-eight (48) hours of such occupancy, unless an extension is granted by the code official. 

 

Source:  Code 1962, § 5-16-7(E); Ord. No. 5563, § 40, 8-20-18;

 

Sec. 22-86.  Payment of expenses of others.

 

The applicant for a permit required by the provisions of this article shall pay all of the expenses incurred by any public utility, by the city and by any other person, incurred by them as a result of the moving of the building. 

 

Source:  Code 1962, § 5-16-4

 

Sec. 22-87.  Restoration of original premises.

 

After a building has been moved, the person to whom a permit has been issued pursuant to the provisions of this article shall restore the premises from which the building was removed to a safe and sanitary condition. 

 

Source:  Code 1962, § 5-16-8 (B)

 

Sec. 22-88.  Registration of movers.

 

No person shall move a building unless he has registered with the clerk.  A person desiring to register shall pay a fee as set forth in Section 2-5 of this Code to the clerk if he or she desires an annual registration or a registration for a single event.  Annual registrations shall expire on December 31 of each year.

 

Ord. No. 5135, § 13, 9-7-10

 

Sec. 22-89.  Compliance with other laws.

 

A person to whom a permit has been issued pursuant to the provisions of this article shall comply with the building code, the zoning ordinance and all other applicable ordinances and laws upon relocating the building in the city. 

 

Source:  Code 1962, § 5-16-7(E)

 

Secs. 22-90--22-95. Reserved.

 

Sec. 22-96.  Required.

 

No person shall move any building over, along or across any highway, street or alley in the city without first obtaining a permit from the Planning and Development Department. 

 

Source:  Code 1962, § 5-16-2; Ord. No. 5563, § 41, 8-20-18

 

Sec. 22-97.  Application.

 

(a)   A person seeking issuance of a permit hereunder shall file an application for such permit with the Planning and Development Department, which application shall contain the following:

 

(1)       A legal description of the building proposed to be moved, giving street number, construction materials, dimensions, number of rooms and condition of exterior and interior;

 

(2)       A legal description of the lot from which the building is to be moved, giving the lot, block and tract number, if located in the city;

 

(3)       A legal description of the lot to which it is proposed such building be removed, giving lot, block and tract number, if located in the city;

 

(4)       The portion of the lot to be occupied by the building when moved;

 

(5)       The highways, streets and alleys over, along or across which the building is proposed to be moved, after the application has been submitted, the code official or director of planning and development shall be notified of any changes desired in same;

 

(6)       Proposed moving date and hour; and

 

(7)       Any additional information which the code official deems necessary for a fair determination of whether a permit should be issued.

 

(b)   The owner of the building to be moved shall file with the application sufficient evidence that the building and lot from which it is to be removed are free and clear of all tax, special assessments or other charges.  The application shall be accompanied by a written estimate from all public utility companies of the expense that will be incurred in removing and replacing any electric wires, street lamps, pole lines, telephone wires, telephone poles or any other public utility property, the removal and replacement of which will be required by reason of the moving of the building through the city. 

 

Source:  Code 1962, §§ 5-16-3(A), (B), (D), 5-16-7(B); Ord. No. 5563, § 42, 8-20-18;

 

Sec. 22-98.  Fee.

 

The application for a permit hereunder shall be accompanied by payment of a permit fee as set forth in Section 2-5 of this Code. 

 

Source:  Code 1962, § 5-16-3(C); Ord. No. 5135, § 13, 9-7-10

 

Sec. 22-99.  Reserved.

 

Sec. 22-100.  Bond.

 

Before any person shall move a building he shall give a bond to the city to be approved by the city attorney in the sum of two thousand dollars ($2,000.00) as indemnity for any damage which the city or any other person may sustain by reason of damage or injury caused by or incidental to the removal of any building. 

 

Source:  Code 1962, § 5-16-5

 

Sec. 22-101.  Issuance or denial.

 

(a)   The code official shall inspect the building and applicant’s equipment to determine whether the standards for issuance of a permit are met.

 

(b)   The code official shall refuse to issue a permit if he or she finds:

 

(1)       That any application requirement or any fee requirement has not been complied with;

 

(2)       That the building is too large to move without endangering persons or property in the city;

 

(3)       That the building is in such a state of deterioration or disrepair or is otherwise so structurally unsafe that it could not be moved without endangering persons and property in the city;

 

(4)       That the building is structurally unsafe or unfit for the purpose for which moved, if the removal location is in the city;

 

(5)       That the applicant’s equipment is unsafe and that persons and property would be endangered by its use;

 

(6)       That zoning or other ordinances would be violated by the building in its new location;

 

(7)       That for any other reason persons or property in the city would be endangered by the moving of the building;

 

(8)       That the move would be in violation of any ordinance of the city.

 

(c)   Upon his or her refusal to issue a permit the applicant shall be entitled to the return of all deposits, bonds or insurance policy. 

 

Source:  Code 1962, § 5-16-6; Ord. No. 5563, § 43, 8-20-18;

 

Secs. 22-102--22-110.  Reserved.

 

Sec. 22-111.  Definitions.

 

As used in this article:

 

Parade is any parade, march, ceremony, show, exhibition, pageant or procession of any kind, or any similar display, in or upon any street, park or other public place in this city.

 

Parade permit is a permit as required by this article.

 

Sec. 22-112.  Permit required.

 

No person shall engage in, participate in, aid, form or start any parade, unless a parade permit shall have been obtained from the chief of police. 

 

Source:  Code 1962, § 10-10-6

 

Sec. 22-113.  Permit application.

 

A person seeking issuance of a parade permit shall make an application with the chief of police.  The application shall be filed not less than thirty (30) days nor more than sixty (60) days before the date on which it is proposed to conduct the parade.  The chief of police, where good cause is shown therefor, shall have the authority to consider any application hereunder which is filed less than thirty (30) days before the date the parade is proposed to be conducted.

 

Secs. 22-114--22-119.  Reserved.

 

Sec. 22-120.  Compliance with permit and laws.

 

A permittee under this article shall comply with all permit direction and conditions and with all applicable laws and ordinances.

 

Sec. 22-121.  Exceptions.

 

This article shall not apply to:

 

(a)        Funeral processions;

 

(b)        Students going to and from school classes or participating in educational activities, providing such conduct is under the immediate direction and supervision of the proper school authorities;

 

(c)        A governmental agency acting within the scope of its functions.

 

Secs. 22-122--22-129.  Reserved.

 

Sec. 22-130.  Street closing--block parties--parking lot closing--parades.

 

(a)   No street or city-owned parking lot shall be closed for a block party or other recreational or promotional activity unless an application is made to the chief of police and the following requirements are met:

 

(1)       The chief of police or his or her designee, in response to the application, declares in writing that he or she does not object to the closing of the particular street or parking lot for a designated period of time;

(2)       The individual or organization requesting the closure of the street or parking lot shall provide, not less than one (1) week prior to the closure of the street or parking lot, a certificate of insurance indicating the existence of a liability policy naming the City of Norfolk as an additional insured on said policy and providing the following coverages:

 

	General Aggregate	$1,000,000
	a.  Bodily Injury/Property Damage	$1,000,000 each occurrence
	b.  Personal Injury Damage	$1,000,000 each occurrence
	c.  Contractual Liability	$1,000,000 each occurrence
	d.  Products Liability & Completed Operations	$1,000,000 each occurrence
	e.  Fire Damage	$   100,000 any one fire
	f.   Medical Expense	$       5,000 any one person

 

(3)       The individual or organization requesting the closure shall sign a statement agreeing to hold the city harmless from any and all liability and indemnifying the city from any and all liability arising out of the closure of the street or parking lot;

(4)       The individual or organization requesting the closure shall erect moveable white and orange Type I, Type II, or Type III barricades or orange and white drums, all meeting the requirements of the Manual on Uniform Traffic Control Devices which completely barricade the closed street or entrances to the city-owned parking lot.

(5)       Any application to close a city-owned parking lot which contains reserved parking stalls shall be accompanied by a statement from all parking stall renters consenting to the closing during the hours specified in the application.  The chief of police shall not approve any parking lot closure unless all parking stall renters consent to the closure.

 

(b)   No street shall be closed for a parade without the prior approval of the city council which approval may include as conditions any or all requirements set forth in subsections (a)(2), (a)(3), and (a)(4) of this section or other conditions that the council may approve.

 

(c)   Failure to comply with any of the provisions of this section shall constitute an offense.  

 

Source:  Ord. No. 4025, § 1, 9-19-94; Ord. No. 4565, § 1, 11-19-01; Ord. No. 4590, § 1, 6-17-02