[HISTORY: Adopted by the City Council of the City of Harrisburg 10-11-2005 by Ord. No. 17-2005. Amendments noted where applicable.]
No person, firm or corporation shall set a crane within a right-of-way of the City of Harrisburg without first obtaining a permit therefor from the office of the City Engineer.
A separate permit is required for each property address in front of which a crane is to be located.
The term of all such permits issued by the office of the City Engineer shall be for a time period determined by the City Engineer on a case-by-case basis, based upon the information contained in the application. In no instance shall a permit term exceed six months. If all work necessitating the use of the crane is not completed within a six-month period, a new permit application must be submitted to the City Engineer, along with the applicable fee.
The following words shall have the meanings as indicated for the purpose of this chapter:
- A machine for lifting or lowering a load and moving it horizontally, in which the hoisting mechanism is an integral part of the machine. It may be driven manually or by power and may be a fixed or a mobile machine, but does not include stackers, lift trucks, power shovels, backhoes, or excavators.
- All areas of a public right-of-way, including but not limited to the paved or unpaved cartway, sidewalks, and any grass, brick or earthen strip between curb and sidewalk.
The application for the required permit shall be made in writing on the form(s) prescribed by the City Engineer. The application shall set forth the property street address; location and description of the area for which the crane is to be set; the name and address of the applicant; type, weight and dimensions of crane; purpose of the proposed work to be completed; and approximate time required to complete the work. In addition, the applicant shall furnish such additional information as the City Engineer may require.
Authority is hereby conferred upon the City Engineer to promulgate rules and regulations regarding the location and manner of placing and operating the crane so as not to interfere unnecessarily with the proper use of the streets or sidewalks by the public and to promulgate rules and regulations with respect to those other specific matters for which such authority is herein granted and to change and modify any and all such rules and regulations from time to time in the manner provided by law, provided that such rules and regulations shall not be inconsistent with the provisions herewith.
The City Engineer shall have the right to refuse to issue or revoke any permit if the permit application is incomplete or if the crane is located, placed or operated in violation of any provision of this chapter or the rules and regulations promulgated hereunder.
Within five days from the refusal by the City Engineer to issue any permit, or the revocation thereof, any applicant may appeal in the manner provided by the law for appeals from the decisions of local agencies.
Before the issuance of any such permit, the applicant therefor, as principal, shall execute and file with the office of the City Engineer a bond, conditioned that the applicant shall be responsible to repair any and all damages to City pavement that may be caused by the erection and operation of said crane. The bond shall be signed by the applicant and shall be in the amount of $100,000. The bond shall remain in effect for a period of one year, unless damage is caused to the right-of-way during the permit period, in which case the bond shall remain in effect for a period of two years. A reputable surety company licensed to do business in the Commonwealth of Pennsylvania shall execute such bond.
In the event any damage is caused by the placement or use of the crane, it shall be the duty of the person receiving the permit, in the manner set forth in this chapter, to cause promptly any such damaged streets, curb, sidewalks, underground utilities, etc., to be restored to good order and repair in accordance with the City of Harrisburg's Standard Specifications.
Any person or persons, firm or corporation hereafter granted a permit to set a crane in the paved roadway of any public street within the City shall, for the protection of the traveling public, erect and maintain barricades and warning lights, per the Pennsylvania Department of Transportation's rules and regulations regarding work zone traffic controls.
All applicants must pay an administrative permit application fee for setting a crane in the City's right-of-way in the amount of $50 for a seven-day permit term. If the permit is being sought for a term in excess of seven days, the application fee will increase by $1 for each additional day.
If work has been performed prior to submission of an application for a crane setting permit or receipt by the City Engineer's office of any bond required by this chapter, the applicant shall pay an administrative fee in the amount of $50 for review and inspection of work already performed, in addition to paying the normal permit fee.
Whenever notice is necessary under this chapter, such notice shall be properly served upon such owner if a copy thereof is delivered to the owners personally; or by leaving a notice at the usual place of abode with someone of suitable age and discretion, who shall be informed of the content thereof; or by certified or registered mail, addressed to the owner at the last known address, with return receipt showing it has been delivered. If the return receipt shows that it has not been delivered, then service may be made by posting a copy thereof in a conspicuous place in or about the structure affected by such notice. Such notice shall set forth a reasonable time for such compliance to be accomplished.
The Director of Public Works, the City Engineer, Plumbing Inspector, Codes Administrator and the Director of the Bureau of Water shall act in the capacity of police officers for the limited purpose of issuing nontraffic summary citations to owner(s) of premises or persons who are found in violation of this chapter.
The City Engineer hereby designates the representatives of the City Engineer to issue such citations.
Violation of any part or whole of this chapter shall be punishable under the general code penalty, § 1-301.99, and any other applicable law or regulation.