[HISTORY: Adopted by the City Council of the City of Saratoga
Springs 5-6-2008. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any real property in which the City of Saratoga Springs holds
an easement for the benefit of the public.
The Code Administrator is hereby authorized to issue permits
for the placement of any equipment, material, or vehicles in a public
right-of-way within the City pursuant to this chapter. The Code Administrator
shall provide forms for applicants. No permit issued by the Code Administrator
pursuant to this chapter shall be construed so as to supersede or
limit the lawful authority of any City official or department relative
to the public ways.
A.
Every person, firm, corporation, or legal entity who wishes to place
any equipment, material, or vehicles in a public right-of-way within
the City at any location within the City of Saratoga Springs shall
be required to obtain a permit therefor from the Code Administrator.
B.
Obtaining said permit shall be the responsibility of either the person,
firm, corporation or legal entity that owns or occupies the premises
on which any equipment, material, or vehicles are to be placed, or
a person, firm, corporation or legal entity engaged in the business
of providing any equipment, material, or vehicles. Each application
shall state:
(1)
The name, address and phone number of the applicant, and, if the
applicant is engaged in the business of providing any equipment, material,
or vehicles, the name, address, and phone number of the person, firm,
corporation or legal entity to whom any equipment, material, or vehicles
will be provided.
(2)
If the applicant is an agent, the name, address and phone number
of the person, firm, corporation or legal entity that he or she represents.
(3)
The proposed location of each item of proposed equipment, material,
or vehicles, including a drawing or map showing the location of nearby
buildings, sidewalks, streets, alleys, and other public ways.
(4)
The period of time any equipment, material, or vehicles shall remain
in place.
(5)
Any other information as may be required by the Code Administrator
to properly and adequately review the application.
C.
Each application shall be accompanied by the permit fee.
D.
The Code Administrator shall have the authority to reject any application.
In rejecting any such application, the Code Administrator shall state
the reasons for rejection.
E.
Each application shall contain proof that the applicant has in effect
commercial general liability insurance in the amount stated in the
City's risk management and insurance requirement policy, naming the
City of Saratoga Springs as additional insured. Each applicant shall
also execute a hold harmless agreement indemnifying the City against
loss, including costs and expenses, resulting from injury to person
or property as a direct or indirect result of his or her enterprise.
[Amended 7-6-2021]
Fees under this chapter shall be established from time to time
by resolution of the City Council.
A.
Upon a finding that all requirements under this chapter have been
met, the Code Administrator may issue a permit to the applicant. The
Code Administrator shall have the authority to impose reasonable conditions
upon the placement and/or use of any equipment, material, or vehicles.
B.
Any permit may be amended or renewed upon proper application to the
Code Administrator.
A.
The Code Administrator may cause any equipment, material, or vehicles
placed in violation of this chapter or in violation of the terms of
any issued permit to be removed. Such removal may be effected without
notice when the Code Administrator determines, in his sole discretion,
that the equipment, material, or vehicles present an imminent danger
or hazard to a person or persons or to the public. The Code Administrator
shall, to the extent practicable, notify the permitted of the equipment,
material, or vehicles to be removed. If the permitted cannot be located
despite reasonable efforts, or if the permitted fails or refuses to
remove the equipment, material, or vehicles within a reasonable time,
the Code Administrator shall have authority to remove the equipment,
material, or vehicles, and may cause such removed equipment, material,
or vehicles to be discarded or destroyed or sold at public auction.
