[Amended 1-28-1974; 2-9-1987]
No person shall within the City construct, erect,
install or maintain advertising signs, electrical or otherwise, awnings,
canopies and marquees temporarily or permanently attached to the buildings
which extend over the public sidewalks, public alleys, public highways
or other public property, nor shall any person within the City construct,
erect, install or maintain sidewalk elevators, hoistway openings,
cellar openings, sidewalk vaults, areaways, gasoline pumps, gasoline
storage tanks, fire escapes, building entrances, walls, fences, planters,
barberpoles, lamps, grates, telephone poles, newspaper stands or steps
temporarily or permanently in, on, over or under the public sidewalks,
public alleys, public highways or other public properties of the City,
without having obtained a permit to install, construct or maintain
the same. No sign, awning, canopy or marquee or other suspended installation
shall be erected over any public property, and no permit to install
the same shall be issued, unless the description for installation
and actual installation provide a clearance above the public sidewalk,
public alley, public highway or other public property of at least
7 1/2 feet.
[Amended 2-9-1987]
A.
The owner of any such sign, awning, canopy or marquee
and the owner or lessee of any such sidewalk elevators, hoistway openings,
cellar openings, sidewalk vaults, areaways, gasoline pumps, gasoline
storage tanks, fire escapes, building entrances, walls, fences, planters,
barberpoles, lamps, grates, telephone poles, newspaper stands or steps
in, on or under the public sidewalks, public alleys, public highways
or other public properties of the City shall make and file an application
with the Building Inspector for a permit to maintain the same.
B.
Such application shall contain a description of such sign, opening or other installation referred to in § 245-1 of this chapter and the precise location upon which it is to be maintained.
C.
Where the application maintains more than one of the
installations, structures or openings authorized by this chapter,
one application only need be filed which shall describe all of the
installations, structures or openings. A separate permit shall be
issued to maintain each such installation, and the fee provided for
in this chapter shall be paid for each permit.
D.
Each application shall provide as a condition to receiving
a permit or any renewal thereof that the applicant agrees to maintain
such installation in good condition and that the applicant agrees
as additional consideration for receiving a permit to indemnify and
hold the City of Jamestown and its agents, servants, officers and
employees harmless from any and all damages, including but not limited
to reasonable attorney's fees and disbursements which may result to
the City of Jamestown or its agents, servants, officers and employees
by third parties for property damage, personal injury and/or death
which may result to such third parties by virtue of the installation
for which a permit is being requested. Each application shall additionally
provide as a condition to receiving a permit or any renewal thereof
that the applicant agrees to assume sole responsibility for damages
which may result to the installation for which a permit is being applied
for by virtue of City work forces in the performance of normal and
customary duties, including but not limited to snow removal operations
and street and sidewalk maintenance.
E.
No application shall be accepted unless signed by
the legal or equitable owner of any such installation or installations,
which signature shall be acknowledged in the presence of a notary
public.
[Amended 2-9-1987]
A.
The Building Inspector within 10 days after the filing
of such application shall act thereon, and if he approves the same,
he shall grant a permit.
B.
All permits granted shall expire on December 31 of
each year.
C.
The Building Inspector shall keep an accurate record
of all applications made and permits issued, and on or before the
first day of December in each year, beginning with the year following
the granting of each permit, the Building Inspector shall notify each
person holding a permit to renew the same for the ensuing year beginning
January 1.
D.
For purposes of this chapter, the permit referred
to throughout this chapter shall be known as an "encroachment permit."
If the Building Inspector denies the application,
the applicant shall eliminate the encroachment for which a permit
was applied within 10 days after such denial unless the applicant,
within 10 days after the denial, appeals to the City Council; and
in such case, if the City Council sustains the ruling of the Building
Inspector, the encroachment for which the permit was applied shall
be eliminated 10 days after a resolution by the City Council has been
adopted sustaining the decision of the Building Inspector.
[Amended 11-9-1981; 7-28-1986; 12-26-1990; 8-10-1992 by L.L. No. 2-1992; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
A.
Upon approval by the Building Inspector of an application
pursuant to this chapter, such application shall be filed with the
City Clerk/Treasurer, who shall issue such permit.
