Athens City Code

No person shall use or occupy any portion of any public street, alley, sidewalk or right-of-way for the purpose of storing, selling or exhibiting any goods, wares, merchandise or materials without prior approval by the city manager or his/her designee.

(Code 1972, § 12-201; Code 1995, § 16-101; Ord. No. 1085, § 5, 12-19-1995)

It is unlawful for any property owner or occupant to allow any limbs of trees on his property to project out over any street, alley or sidewalk at a height of less than 14 feet.

(Code 1972, § 12-202; Code 1995, § 16-102)

It is unlawful for any property owner or occupant to have or maintain on his property any fence, tree, hedge, shrub, sign, or other construction which prevents persons driving vehicles on public streets or alleys from obtaining a clear view of traffic when approaching an intersection. The obstructions shall not be above two feet in height and shall not be allowed within 50 feet from the centerline of any street. This section is not applicable to buildings or their appendages or retaining walls.

(Code 1972, § 12-203; Code 1995, § 16-103)

Signs, awnings, or other structures which project over any street or other public way shall be erected subject to the requirements of the building code.

(Code 1972, § 12-204; Code 1995, § 16-104)

It is unlawful for any person to place or have placed any banner or sign across any public street or alley except when expressly authorized by the city council.

(Code 1972, § 12-205; Code 1995, § 16-105)

It is unlawful for any person owning or occupying property to allow any gate or door to swing open upon or over any street, alley or sidewalk except when required by law.

(Code 1972, § 12-206; Code 1995, § 16-106)

It is unlawful for any person to litter, place, throw, or allow to fall on any street, alley or sidewalk any refuse, glass, tacks, sweepings, or other objects or materials which are unsightly or which obstruct or tend to limit or interfere with the use of such public ways and places for their intended purposes. Trucks are expressly required to be so loaded or covered that sand, gravel, or other materials being transported will not be allowed to fall or be blown into any public way or place pursuant to T.C.A. § 39-14-507.

(Code 1972, § 12-207; Code 1995, § 16-107)

It is unlawful for any person to permit or cause the obstruction of any drainage ditch in any public right-of-way.

(Code 1972, § 12-208; Code 1995, § 16-108)

The occupants of property abutting on a sidewalk are required to keep the sidewalk clean. Also, immediately after a snow or sleet event, such occupants are required to remove all accumulated snow and ice from the abutting sidewalk.

(Code 1972, § 12-209; Code 1995, § 16-109)

It is unlawful for any club, organization or similar group to hold any meeting, parade, demonstration or exhibition on the public streets without some responsible representative first securing a permit from the chief of police. No permit shall be issued by the city manager, or his/her designee, unless such activity will not unreasonably interfere with traffic and unless such representative shall agree to see to the immediate cleaning up of all litter which shall be left on the streets as a result of the activity. Furthermore, it is unlawful for any person obtaining such a permit to fail to carry out his agreement to immediately clean up the resulting litter.

(Code 1972, § 12-210; Code 1995, § 16-110; Ord. No. 866, § 1, 1-18-2000; Ord. No. 1085, § 6, 12-19-2019)

It is unlawful for any person to set or contribute to any fire in any public street, alley, or sidewalk.

It is unlawful for any person to ride, lead or tie any animal or ride, push, pull or place any vehicle across or upon any sidewalk in such manner as to unreasonably interfere with or inconvenience pedestrians using the sidewalk. It shall also be unlawful for any person to knowingly allow any minor under his control to violate this section.

(Code 1972, § 12-212; Code 1995, § 16-112)

In order to provide for the public health, safety and welfare of the citizens of the city, as well as to ensure the structural integrity of the city's streets and related infrastructures, to minimize the disruption to the traveling public, and to ensure the costs incurred by the city to maintain and manage the rights-of-way and that they are properly allocated among the various users of the rights-of-way, the city establishes standards for authorizing and managing the placement of facilities in rights-of-way; performing installation, maintenance, and other work in the rights-of-way; and appropriately recovering costs incurred by the city related to such activities.

(Code 1972, § 12-101; Code 1995, § 16-201; Ord. No. 906, 2-18-2003)

1. (1) It is unlawful for any person, firm, corporation, public or private utility, association, or others to make any cut or excavation in any street, curb, sidewalk, alley, or public right-of-way or to tunnel under any street, sidewalk, curb, alley, or public right-of-way in the city without having first obtained a rights-of-way construction permit, as herein required, and without complying with the provisions of this chapter, and it is unlawful to violate, or to vary from, the terms of any such permit; provided, however, any person maintaining existing pipes, lines, driveways, or other facilities in or under the surface of any public right-of-way may proceed with an opening without a permit when emergency circumstances demand the work to be done immediately, provided the permit could not reasonably and practicably have been obtained beforehand. The person shall thereafter apply for a permit on the first regular business day on which the office of the city manager is open for business and the permit shall be retroactive to the date when the work was begun; however, the city manager or his designee shall have the authority to waive emergency permits.
2. (2) No one shall cut, build, or maintain a commercial or residential driveway across a public right-of-way without first obtaining a rights-of-way construction permit from the city manager or his designee and receiving the necessary lines and grades from the public works department. Such a permit will not be issued when the contemplated driveway is to be so located or constructed as to create an unreasonable hazard to pedestrian and/or vehicular traffic.

(Code 1972, § 12-102; Code 1995, § 16-202; Ord. No. 905, 2-18-2003)

Applications for rights-of-way construction permits shall be made to the city manager, or such person designated by him to receive such applications, and shall include, but not be limited to, the following:

1. (1) Name of the owner or operator of the facility; and
2. (2) A sketch or drawing of the project; and
3. (3) Dates of the construction activity, the proposed start and stop times and any proposal to temporarily reopen any roadway for any peak hour period; and
4. (4) The names of any known subcontractors working on the proposed project under the applicant's responsibility and authority; and
5. (5) Proof of payment of all money due the city for rights-of-way construction permit fees and any invoiced cost, loss, damage, or expense suffered by the city as a result of the applicant's prior construction activity, including, but not limited to, any emergency action taken by the city; and
6. (6) Evidence that the applicant has obtained the insurance coverage required by ACC 16-55; and
7. (7) A traffic control plan if traffic is going to be impacted; and
8. (8) A list of the applicant's emergency providers, including name of company, local contact person, mailing and e-mail address, 24-hour emergency phone number, and pager or fax number. This information shall be kept current by written notice to the public works director;
9. (9) For major projects, as determined by the public works director, the following may be required:
   1. (a) Detailed engineering plans. The plans shall show the location and area of the proposed project, the locations of all existing and proposed equipment and/or facilities, the height and/or depth of the proposed equipment and/or existing facilities, and the spatial relationship with any adjacent infrastructure, right-of-way line, easement, utility, and/or other physical features. The plans shall be prepared under the direction of and signed by a registered professional engineer and shall meet the size and scale as set forth in the department of public works' standard design criteria manual; and
   2. (b) A copy of the engineering plans in an electronic format acceptable to the public works director; and
   3. (c) The applicant shall meet with the public works director for a pre-work conference prior to issuance of a rights-of-way construction permit.

(Code 1972, § 12-103; Code 1995, § 16-203; Ord. No. 906, 2-18-2003)

Any person that fails to comply with ACC 16-45 shall be precluded from obtaining any rights-of-way construction permit or performing any further construction within the city's rights-of-way for up to three months from the date of notification, in addition to any monetary civil penalty imposed by the city.

(Code 1972, § 12-104; Code 1995, § 16-204; Ord. No. 906, 2-18-2003)

The fee for such rights-of-way construction permits shall be as provided in the city fee schedule.

(Code 1972, § 12-105; Code 1995, § 16-205; Ord. No. 906, 2-18-2003)

It shall be the responsibility of the permittee to place with the city a cash deposit or a surety bond, either by the job or activity or on an annual basis. The amount of the deposit shall be determined by the city manager or his designee based upon the size and nature of the permitted work within the right-of-way. The city may use the deposit to cover its cost should a failure of restoration work occur to the public right-of-way facility.

(Code 1972, § 12-106; Code 1995, § 16-206; Ord. No. 906, 2-18-2003)

Any person, firm, corporation, public or private utility, association, or others making any excavation or tunnel shall do so according to the specifications and standards issued by the city and must comply with the provisions of the Underground Utility Damage Prevention Act, T.C.A. § 65-31-101 et seq. Sufficient and proper barricades, signage, and lights shall be maintained to protect persons and property from injury by or because of the excavations being made. If any sidewalk is blocked by any such work, a temporary sidewalk shall be constructed and provided which shall be safe for travel and convenient for users. It shall be the responsibility of the permittee to adhere to the Manual on Uniform Traffic Control Devices.

(Code 1972, § 12-107; Code 1995, § 16-207; Ord. No. 906, 2-18-2003)

Any person, firm, corporation, public or private utility, association or others making any excavation or tunnel in or under any street, curb, alley or public right-of-way in the city shall backfill the street, curb, alley or public right-of-way and restore the same, including final surfacing, to city specifications and standards promptly upon the completion of the work for which the excavation or tunnel is made. Final surfacing may be done by the city at the expense of the entity for which the excavation or tunnel is made, if requested, provided that city crews can schedule the work within 24 hours of this request. If not, the entity will be required to place final surfacing in accordance with the requirements of this chapter. No excavation or tunnel in or under any street, curb, sidewalk, alley, or public right-of-way shall be permitted to obstruct the flow of traffic unless the permit holder coordinates with the city public works department and police department and provides a plan to address the impact on traffic flow. In the event final resurfacing cannot be completed immediately after backfilling, the entity shall use temporary resurfacing materials, such as cold mix or steel plate, or provide an approved detour around such opening or excavation which would aid the flow of traffic. The detour must be approved by the public works director or his designee prior to establishing any such detour. Such detour routes must be adequately signed and marked according to the Manual on Uniform Traffic Control Devices. Maintenance of signage and markings will be the responsibility of the permittee.

(Code 1972, § 12-108; Code 1995, § 16-208; Ord. No. 906, 2-18-2003)

Any person, firm, corporation, public or private utility, association, or others affecting a public right-of-way within the city shall be responsible for any defects which occur to the public facility within the public right-of-way due to workmanship or materials. The cost for repairs shall be the responsibility of the utility owners of the facility which was placed within the city right-of-way. The city's public works department will be responsible for making the repairs or having the work contracted. The city may allow the utility to make the repair if requested to do so. Repairs shall be made in accordance with specifications furnished by the city or the city's engineering consultants.

(Code 1995, § 16-210; Ord. No. 906, 2-18-2003)

It shall be the responsibility of any person, firm, corporation, public or private utility, association, or others to call the director of public works for an inspection of the permitted facility as required by the rights-of-way construction permit. The permit shall specify, based upon the size and scope of the permitted work, the type of inspection to be required. The cost of all inspections shall be borne by the owner of the permitted work whether the work is performed by the staff of the city or by a third-party service. The permittee is to be bound by the rules and regulations as specified on the permit.

(Code 1995, § 16-211; Ord. No. 906, 2-18-2003)

Each rights-of-way construction permit shall be assigned a set of restoration specification standards. These specifications will be referenced by number and so indicated on the permit. It shall be the responsibility of the city public works department to maintain and provide the specification standards. The permittee may request a copy as required. The cost of the specification shall be limited to reproduction cost and paid by the permittee.

(Code 1995, § 16-212; Ord. No. 906, 2-18-2003)

In addition to making the deposit hereinbefore provided to be made in ACC 16-48, each person applying for a rights-of-way construction permit shall file a certificate of insurance or other suitable instrument indicating that he is insured against claims for damages for personal injury as well as against claims for property damage which may arise from or out of the performance of the work, whether such performance is by himself, his subcontractor, or anyone directly or indirectly employed by him. Such insurance shall cover collapse, explosive hazards, and underground work by equipment on the street and shall include protection against liability arising from completed operations. The amount of the insurance shall be prescribed by the city manager in accordance with the nature of the risk involved; provided, however, that the liability insurance for bodily injury in effect shall not be in an amount less than the current limits found in the Tennessee Governmental Tort Liability Act, T.C.A. § 29-20-101 et seq., or $250,000.00 for each person and $600,000.00 for each accident and for property damages an amount not less than $85,000.00, with an aggregate of $685,000.00 for all accidents, whichever is greater.

(Code 1995, § 16-213; Ord. No. 906, 2-18-2003)

1. (1) Each right-of-way occupant and permittee shall, at its sole cost and expense, indemnify, hold harmless, and defend the city, its elected and appointed officials, officers, boards, commissions, commissioners, agents, employees, and volunteers against any and all claims, suits, causes of action (whether frivolous or otherwise), proceedings, and judgments for damages or equitable relief arising out of the installation, construction, maintenance, or operation of facilities by the right-of-way occupant or permittee; the conduct of the right-of-way occupant's business in the city; or in any way arising out of the right-of-way occupant's enjoyment or exercise of the privileges granted by the city or applicable law, regardless of whether the act or omission complained of is authorized, allowed, or prohibited by the city, other applicable law, or the terms of any grant to occupy the right-of-way.
2. (2) Each right-of-way occupant and permittee shall indemnify and hold harmless the city and its elected and appointed officers, officials, boards, commissions, commissioners, employees, agents, and volunteers from and against any and all claims, demands, suits, or causes of action (whether frivolous or otherwise) of any kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees sustained by the city arising out of, or by reason of, or resulting from or of the acts, errors, or omissions of the right-of-way occupant or permittee, or its agents, independent contractors, or employees related to or in any way arising out of the construction, operation or repair of the facilities in question.
3. (3) The indemnity provision of this section includes, but is not limited to, the city's reasonable attorneys' fees incurred in defending against any such action, claim, suit (whether frivolous or otherwise), or proceeding, as well as the reasonable value of any services rendered by the city attorney, or city staff or employees.
4. (4) Nothing in this chapter shall be construed to waive any immunity the city enjoys under applicable law or constitution.
5. (5) Acceptance of the provisions of this section shall be a condition of all rights to occupy city rights-of-way or to obtain a rights-of-way construction permit.

(Code 1995, § 16-214; Ord. No. 906, 2-18-2003)

Each application for a permit shall state the length of time it is estimated will elapse from the commencement of the work until the restoration of the surface of the ground or pavement or until the refill is made ready for the pavement to be put on by the city if the city restores such surface pavement. It is unlawful to fail to comply with this time limitation unless permission for an extension of time is granted by the city manager.

(Code 1995, § 16-215; Ord. No. 906, 2-18-2003)

The city manager or his designee shall monitor all excavations and tunnels being made in or under any public street, curb, sidewalk, alley, or other public right-of-way in the city and see to the enforcement of the provisions of this chapter. Notice shall be given to him before the work of refilling any such excavation or tunnel commences and the work may not commence until the inspector arrives at the site or gives verbal permission to proceed.

(Code 1995, § 16-216; Ord. No. 906, 2-18-2003)

If at any time that any person, firm, corporation, public or private utility, association, or other is making any cut or excavation in any street, curb, alley, or public right-of-way, or is tunneling under any street, curb, alley, or public right-of-way in the city, and it is determined by the city manager or his designee that the work being performed is not in compliance with the city's regulations, state or federal regulations or recognized construction and/or safety practices, the city manager or his designee shall issue a stop work order, and the person, firm, corporation, public or private utility, association, or other that is making the cut or excavation in any street, sidewalk, curb, alley, or public right-of-way, or is tunneling under any street, sidewalk, curb, alley, or public right-of-way shall cease work in the city's rights-of-way until corrective measures are taken and the city manager or his designee rescinds the stop work order.

(Code 1995, § 16-217; Ord. No. 906, 2-18-2003)

1. (1) A rights-of-way occupant shall, within three months from the date of notification, at its own expense, permanently relocate, protect, or modify any part of its facility when required by the city by reason of traffic safety, public safety, road construction, change of street grade, installation of water, stormwater, or sanitary pipes, traffic signal devices, or any other types of city improvement projects. The city manager may recommend such actions in order to prevent interference by the rights-of-way occupant's facilities with a present or future city use of the city's rights-of-way; or a capital improvement project funded and scheduled to be undertaken by the city; or an economic development project in which the city has an interest or investment. The city manager may also recommend such actions when the public health, safety and welfare require it; or when necessary to prevent interference with the safety and convenience of ordinary travel over the rights-of-way, both vehicular and pedestrian; or when above-ground equipment is located in such a manner as to create an obstruction to a driver's line of sight. The rights-of-way occupant may for due cause make application to the public works director for an extension to complete such relocation as required by this section.
2. (2) Failure by the rights-of-way occupant to relocate its facilities within five months from date of notification shall result in the rights-of-way occupant being assessed liquidated damages for each day of the delay. The daily amount of liquidated damages shall be determined by the liquidated damages contained in any construction contracts the city may have entered into in conjunction with infrastructure improvements that necessitate the need for the rights-of-way occupant to relocate its facilities. In those cases where the city is performing the infrastructure improvements with city forces, the amount of the daily liquidated damages shall be the average of the daily liquidated damages amounts found in all city contracts for the past two years, commencing with the date of notification referenced above. If the rights-of-way occupant fails to pay the city for the liquidated damages as charged, the total amount of liquidated damages (daily amount multiplied by the number of days delayed) shall be attached to the cost of any future permit the rights-of-way owner may apply for to install, extend or improve their facilities within the city's rights-of-way, and no permit shall be issued until the total costs are paid.

(Code 1995, § 16-218; Ord. No. 906, 2-18-2003)

In addition to any other action the city may take against a permit holder in violation of this chapter, such violation shall be subject to a civil penalty under ACC 1-13. Each day a violation occurs shall constitute a separate offense.

(Code 1995, § 16-219; Ord. No. 906, 2-18-2003)

1. (1) The city has established an official system of street names in the city as shown on a map of record in the city manager's office. The map is entitled "Street Map, Athens, Tennessee," and is dated April 1, 1962. It is incorporated herein and made a part of this section by reference.
2. (2) The names of streets in the city shall remain as shown on the map unless officially changed by ordinance.
3. (3) No new streets shall be accepted by the city nor any municipal improvements made therein until such streets have been named. When new streets are extensions of existing streets, the existing names shall be continued; if not extensions, they shall be given names which neither duplicate nor closely approximate street names already assigned.

(Code 1995, § 16-301; Code 1972, § 12-301)

Each principal building shall bear the number assigned to the frontage on which the front entrance is located. In case a principal building is occupied by more than one business or family dwelling unit, each separate front entrance of such principal building shall bear a separate number. The numerals shall be posted in such a manner as to be visible from the street on which the property is located and shall be not less than three inches, measured from top to bottom.

(Code 1972, § 12-302; Code 1995, § 16-302)

1. (1) The widths of existing and proposed streets shall from time to time be classified by the city council and the regional planning commission and shown on the city street map.
2. (2) Existing streets are only those streets which are shown as such on the street map. Proposed streets are contemplated streets through undeveloped property. Previous recording at the courthouse does not constitute an existing street. A street shall be opened only by resolution after prior approval of the planning commission. Building permits shall be issued only for property which abuts an existing street for 40 feet.

(Code 1972, § 12-401; Code 1995, § 16-401)

The city shall maintain all existing streets in their present condition. A street ledger shall be maintained to list the condition of all existing streets and to note the addition of new streets as they are constructed.

(Code 1972, § 12-402; Code 1995, § 16-402)

1. (1) The city council may initiate abutting districts for any proposed or existing street within the corporate limits of the city. The city may also improve any street within the corporate limits of the city when it deems such improvement is in the best interests of the citizens and residents of the city.
2. (2) Other abutting districts may be initiated by the property owners or by developers by means of a subdivision in accordance with this title.
3. (3) Nothing in the street policy of the city as contained in this chapter shall be construed to limit and restrict the right of the city to initiate improvements by special assessment as provided by the T.C.A. § 7-32-101 et seq., the same being the general state law governing street improvements by special assessment.

(Code 1972, § 12-403; Code 1995, § 16-403)

Residential, commercial or industrial subdividers shall pay the entire cost of streets and improvements.

(Code 1972, § 12-404; Code 1995, § 16-404; Ord. No. 1012, § 4, 12-18-2012)

1. (1) The city manager or his or her designee shall determine the character and type of construction and materials to be used in the construction of council-initiated street improvements and shall determine whether any or all of the work shall be done by contract or by city force account.
2. (2) All streets shall be first approved by the planning commission and shall be sized according to their classification. All streets shall meet the subdivision regulation standards except for area accesses or council-initiated improvements. Building permits shall not be issued for property abutting area accesses or driveways until the street is improved to meet subdivision regulation standards.

(Code 1972, § 12-405; Code 1995, § 16-405)

1. (1) Abutment districts. Abutment districts are available for residents on any existing street and may include streets, sidewalks, sanitary sewers and storm sewers.
2. (2) Conservation districts. Conservation districts shall be determined by a housing analysis for urban renewal under the direction of the planning commission. Abutting property owners in conservation districts will be required to improve their houses or property as recommended by the housing analysis.
3. (3) Requests by petition. All requests for improvements under the abutment district or the conservation district shall be made by petition to the city council on petition forms prepared and furnished by the city.
4. (4) Limitation of petitions. No petition will be considered unless the owners of 51 percent of the footage represented sign the petition. No petition shall be considered by the city council for the full proposed improvement of less than one block of a street except in case of storm sewers. The term "block" means that part of a street between two intersecting streets. Petitions for sidewalk improvement shall be separate from other improvements.
5. (5) Factors of considering petitions by the city council. The following factors shall be considered by the city council when considering each petition for street improvements:
   1. (a) Time of filing petition with city manager.
   2. (b) Classification of streets proposed to be improved in the city street system.
   3. (c) Percentage of development of lots on streets proposed to be improved.
   4. (d) Estimated unit cost of the proposed improvement.
6. (6) Assessment and charges. Assessments shall be payable in cash, or, if any property owner should so elect and give notice to the fact in writing to the city, such property owner shall have the option and privilege of paying the assessments in five equal installments, such installments to bear interest at the rate of six percent per annum from the date of the confirmation of the assessment roll.

(Code 1972, § 12-406; Code 1995, § 16-406)

It is a civil offense and subject to punishment in accordance with the provisions of this chapter for any person utilizing or riding upon any skateboard, roller skates, rollerblades, or a similar device to ride or move about upon such device in or on the public property defined in ACC 16-133 or private property when the private property has been designated by the owner by the procedure outlined in ACC 16-134 and posted as outlined in ACC 16-135 as a no skateboarding, roller skating, rollerblading or similar activity area.

(Code 1995, § 16-501; Ord. No. 962, 11-20-2007; Ord. No. 976, 2-17-2009)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Private property means any property held by private interests which is used primarily for business, commercial, office space, religious, multifamily or recreational purposes. The term "private property" shall also include the parking facilities for these private property areas.

Public property means any property owned or maintained by the city within the downtown business district, which is defined as that area upon and within the interior of the boundaries of Green Street, College Street, Hill Street and Park Street as shown on the map of the city attached to the ordinance from which this chapter is derived and incorporated herein by reference, including, but not limited to, city streets and sidewalks. The term "public property" also means any property, wherever situated, owned or maintained by any public utility.

Roller skates or rollerblades means any footwear or device which may be attached to the foot or footwear to which wheels are attached, including wheels that are inline, and where such wheels may be used to aid the wearer in moving or propulsion. "Heelys™" are not included in the definition of roller skates or rollerblades.

Skateboard means a board of any material which has wheels attached to it and which is propelled or moved by human, gravitational, or mechanical power. The term "skateboards" includes a board which has wheels attached to it and a device or mechanism to turn or control the wheels, such boards commonly referred to as "Razors™."

(Code 1995, § 16-502; Ord. No. 962, 11-20-2007; Ord. No. 976, 2-17-2009)

1. (1) If the property is owner-occupied property, the owner shall submit a written application requesting a designation of a no skateboarding, roller skating or rollerblading.
2. (2) If the property is occupied by tenants of the owner, then the tenants may submit a written application, with the exception that, for multifamily property, two-thirds of the tenants must sign supporting a designation of no skateboarding, roller skating, or rollerblading, and the application shall also contain the written consent of the property owner or his or her designated representative.

(Code 1995, § 16-503; Ord. No. 962, 11-20-2007)

1. (1) Prior to the enforcement upon private property of the prohibition on skateboarding, roller skating, or rollerblading, or similar activity, the area so designated shall be posted with signs, which provide substantially as follows: "Skateboarding, roller skating or similar activity is prohibited by title 16, chapter 16-V, of the Athens City Code. Any violation is punishable by a civil penalty of up to $50.00."
2. (2) Such prohibition shall apply to the property or area so designated once the property or area has been posted with signs in plain view at all vehicular entrances to the property or area or at prominent locations therein. Signs of appropriate size and wording will be provided to property owners upon approval of an application for a particular location to be designated as a no skateboarding, roller skating, or similar activity area. It shall be the responsibility of the property owner or tenants to post signs in appropriate locations, to be designated by the appropriate city official, and to maintain all signs thereafter.

(Code 1995, § 16-504; Ord. No. 962, 11-20-2007)

Any violation of this chapter is deemed a civil offense, punishable by a civil penalty of up to $50.00.

(Code 1995, § 16-505; Ord. No. 962, 11-20-2007)

Any device designated, intended, and used solely for the transportation of infants, disabled or incapacitated persons, devices designed, intended, and used for the transportation of merchandise to and from the place of purchase and other wheeled devices, when being used for either of these purposes, shall be exempt from this chapter. Furthermore, the city council may, by resolution, suspend the enforcement provisions of this chapter to accommodate special events when so requested by the event organizer.

(Code 1995, § 16-506; Ord. No. 962, 11-20-2007)

The purpose of this chapter is to establish procedures for the closure or closure and abandonment of streets and rights-of-way within the city.

(Code 1995, § 16-601; Ord. No. 996, 6-21-2011)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandonment means the letting go of, or vacating of, public interest in a property. After a street or right-of-way is abandoned, the public no longer has a right to use the property for access.

Closure means the preventing of public vehicular use of a street or right-of-way. When a street or right-of-way is closed without abandonment, public interest in the property is retained.

Right-of-way means the area dedicated for public use as a street or alley, whether developed or undeveloped.

Street means any public street or alley, including right-of-way, within the city.

(Code 1995, § 16-602; Ord. No. 996, 6-21-2011)

There are two alternatives for the initiation of the closure or closure and abandonment of a street or right-of-way. First, the owners of an interest in any real property abutting upon any street or right-of-way may request that the council consider the closure or closure and abandonment of the street or right-of-way. Second, the council may itself initiate the closure or closure and abandonment of a street or right-of-way.

(Code 1995, § 16-603; Ord. No. 996, 6-21-2011)

All requests for the closure or closure and abandonment of streets or rights-of-way shall be submitted in writing to the community development department and shall include the reasons for such a request. The request shall include proof in the form of a signed petition, or other written documentation, that all other property owners affected by the proposed closure or closure and abandonment have been contacted and concur with the request.

(Code 1995, § 16-604; Ord. No. 996, 6-21-2011)

Every request for the closure of a street or right-of-way, or any part thereof, shall be accompanied by a nonrefundable fee in the amount of $50.00. If the request is also for the abandonment of a street or right-of-way, the nonrefundable fee shall be $100.00. These fees shall be used to defray the administrative cost incurred in processing the petition and publishing, posting and mailing notices, plus any consulting costs incurred by the city during the review process.

(Code 1995, § 16-605; Ord. No. 996, 6-21-2011)

Every request for the abandonment of a street or right-of-way, or any part thereof, shall be accompanied by the following information:

1. (1) Copy of the official street map and copy of the current property assessor map indicating the specific parcels abutting the street or right-of-way proposed for abandonment.
2. (2) Exact legal description of the portion of the street or right-of-way proposed for abandonment prepared by a registered land surveyor.

(Code 1995, § 16-606; Ord. No. 996, 6-21-2011)

Upon receipt of a request for the closure or closure and abandonment of a street or right-of-way, or any part thereof, the community development department shall notify all applicable city departments, including fire, police, public works, water quality control, gas and electric departments. Comments shall be received from these departments prior to the community development department submitting the request to the city municipal/regional planning commission for review.

(Code 1995, § 16-607; Ord. No. 996, 6-21-2011)

All proposals for the closure or closure and abandonment of a street or right-of-way, whether city-initiated or initiated as a result of a petition, shall be reviewed by the city municipal/regional planning commission. The following procedure shall apply for municipal/regional planning commission review of all proposals for the closure or closure and abandonment of a street or right-of-way:

1. (1) All owners of real property abutting a street or right-of-way proposed for closure or closure and abandonment shall be notified by the community development department in writing of the time and place at which the municipal/regional planning commission will consider the matter.
2. (2) The community development department shall provide a recommendation for or against closure and/or abandonment and shall provide the comments from the applicable city departments.
3. (3) The municipal/regional planning commission shall hold a public hearing prior to considering the matter for action.
4. (4) The recommendation of the municipal/regional planning commission to the council shall be for the approval, approval with conditions, or disapproval of the closure or abandonment.

(Code 1995, § 16-608; Ord. No. 996, 6-21-2011)

The city council may or may not approve the closure or abandonment of a street or right-of-way, or any part thereof, with such conditions or limitations as the council deems necessary and proper to preserve any public use or benefit. Council approval may contain a provision retaining or requiring conveyance of easements for construction, repair and maintenance of existing and future utilities and services.

(Code 1995, § 16-609; Ord. No. 996, 6-21-2011)

Where a street closure has been initiated by request, the owners of property signing the petition shall pay to the city, prior to the effective date of the closure of the street, a sum equal to the cost of physical closure as required by the department of public works. If the street closure has been initiated by the city, the payment of such sum shall not be required. Upon determination by the department of public works of the cost of physical closure of the street, the city manager or designee shall notify the representatives of the petitioners of the amount of required compensation. The payment shall be delivered to the city manager or designee who, upon receipt of payment, shall transmit it to the finance department for deposit in the city's general fund.

(Code 1995, § 16-610; Ord. No. 996, 6-21-2011)

1. (1) It is unlawful for any person or entity, including utility districts, to make any excavation in any street, alley, or public place, or to tunnel under any street, alley, or public place without having first obtained a permit as herein required and without complying with the provisions of this chapter.
2. (2) It is also unlawful to violate, or vary from, the terms of any such permit; provided, however, any person maintaining pipes, lines, or other underground facilities in or under the surface of any street may proceed with an opening without a permit when emergency circumstances demand the work to be done immediately and a permit cannot reasonably and practicably be obtained beforehand. The person shall thereafter apply for a permit on the first regular business day on which the office of the recorder is open for business, and the permit shall be retroactive to the date when the work was begun.

Applications for excavation permits shall be made to the recorder, or such person as he may designate to receive such applications, and shall state thereon the location of the intended excavation or tunnel, the size thereof, the purpose thereof, the person or entity doing the actual excavating, and the name of the person or entity for whom the work is being done, and shall contain an agreement that the applicant will comply with all ordinances and laws relating to the work to be done. Such application shall be rejected or approved by the recorder within 24 hours of its filing.

The fee for excavation permits shall be $20.00.

1. (1) No excavation permit shall be issued unless and until the applicant therefor has deposited with the recorder a cash deposit. The deposit shall be in the sum of $500.00 if no pavement is involved or $1,000.00 if the excavation is in a paved area and shall ensure the proper restoration of the ground and laying of the pavement, if any.
2. (2) When the amount of the deposit is clearly inadequate to cover the cost of restoration, the recorder may, after consultation with public works or an engineer, increase the amount of the deposit to an amount considered by him to be adequate to cover the cost. From this deposit shall be deducted the expense to the city of relaying the surface of the ground or pavement and of making the refill if this is done by the city or at its expense. The balance shall be returned to the applicant without interest after the tunnel or excavation is completely refilled and the surface or pavement is restored.
3. (3) In lieu of a deposit, the applicant may deposit with the recorder a surety bond in such form and amount as the recorder shall deem adequate to cover the costs to the city if the applicant fails to make proper restoration.

Any person or entity making any excavation or tunnel shall do so according to the terms and conditions of the application and permit authorizing the work to be done. Sufficient and proper barricades and lights shall be maintained to protect persons and property from injury by or because of the excavation being made. If any sidewalk is blocked by any such work, a temporary sidewalk shall be constructed and provided which shall be safe for travel and convenient for users.

1. (1) Any person or entity making any excavation or tunnel in or under any street, alley, or public place in the city shall restore the street, alley, or public place to its original condition except for the surfacing, which shall be done by the city but shall be paid for promptly upon completion by such person or entity for which the excavation or tunnel was made.
2. (2) In case of unreasonable delay in restoring the street, alley, or public place, the recorder shall give notice to the person or entity that, unless the excavation or tunnel is refilled properly within a specified reasonable period of time, the city will do the work and charge the expense of doing the same to such person or entity. If within the specified time the conditions of the above notice have not been complied with, the work shall be done by the city, an accurate account of the expense involved shall be kept, and the total cost shall be charged to the person or entity who made the excavation or tunnel.

1. (1) In addition to making the deposit or giving the bond hereinbefore required in ACC 16-191 to ensure that proper restoration is made, each person applying for an excavation permit shall file a certificate of insurance indicating that he is insured against claims for damages for personal injury as well as against claims for property damage which may arise from or out of the performance of the work, whether such performance is by himself, his subcontractor, or anyone directly or indirectly employed by him. Such insurance shall cover collapse, explosive hazards, and underground work by equipment on the street and shall include protection against liability arising from completed operations.
2. (2) The amount of the insurance shall be prescribed by the recorder in accordance with the nature of the risk involved; provided, however, that the liability insurance for bodily injury shall not be less than $300,000.00 for each person, and not less than $700,000.00 for each accident, and for property damages not less than $100,000.00 for each accident.

Each application for a permit shall state the length of time it is estimated will elapse from the commencement of the work until the restoration of the surface of the ground or pavement, or until the refill is made ready for the pavement to be put on by the city if the city restores such surface pavement. It is unlawful to fail to comply with this time limitation unless permission for an extension of time is granted by the recorder.

The person designated by the city council shall from time to time inspect all excavations and tunnels being made in or under any public street, alley, or other public place in the city and see to the enforcement of the provisions of this chapter. Notice shall be given to him at least ten hours before the work of refilling any such excavation or tunnel commences.

Any violation of this chapter shall constitute a civil offense and shall be punishable by a civil penalty under ACC 1-13, by revocation of permit, or by both civil penalty and revocation. Each day a violation shall be allowed to continue shall constitute a separate offense.