neighborhood association or
educational institution within a neighborhood where they are located.
Primary
Arterial streets are those roadways as defined in the Major Street Plan to
move through traffic, yet accommodate major access points from abutting
properties and normally carry 10,000 or more vehicles per day.
Public
right-of-way means a city street or state roadway located in the city as
defined in the citys "Major Street Plan", and collectors, local
streets and Parkways and Boulevards under the jurisdiction of the Board of
Parks and Recreation Commissioners.
Secondary Arterial
streets means those roadways as defined in the Major Street Plan as
Secondary Arterials to provide access for one or more neighborhoods to various
activity centers such as Downtown, community shopping centers, strip commercial
areas, employment centers and community and regional recreation areas and
normally do not cross through residential neighborhoods, but act as boundaries
to them.
(b) No person
shall deposit, place, erect or maintain any structure, material, article,
substance, decoration or thing on, in or above any street, curb, gutter, park,
parkway, sidewalk or public place of the city except as specifically otherwise
provided for by ordinance. This prohibition expressly includes the use of
public rights-of-way for building or maintaining dispersed uses such as banners
or telecommunications, utility, cable television or other similar systems.
(c) Encroachment
into the right-of-way, allowed by ordinance, may be subject to the imposition
of a reasonable license fee established by the city. If found to be in the
public interest, the council may modify or waive the imposition of a license
fee, provided, the fees established for banners set forth in subsection (f)
shall not be modified.
(d) Whenever any
person or organization shall desire to temporarily use a portion of any street
or sidewalk for one of the purposes mentioned in subsection (b) of this
section, the director may issue to such person or organization a Temporary
Permit to use a portion of such street to such extent and for such time as the
director shall find to be reasonably necessary and in the public interest.
(e) The issuance
of any permit issued pursuant to this section is conditioned on the permit
holder procuring and maintaining in force during the term of the permit general
liability insurance, issued by a company approved by the director of finance,
meeting the following conditions:
(1) A certificate of insurance
acknowledging a policy of General Liability Insurance shall be provided.
(2) Such certificate shall list as
the insured the name of the applicant/permittee, having the same address.
(3) Such certificate shall name the
city as an additional insured.
(4) Such certificate shall indicate
the city as the certificate holder.
(5) Such certificate shall show the
policy number, effective date of the insurance and the expiration date of the
insurance.
(6) The limits of liability of the
policy, as shown on the certificate, shall not be less than the following:
a. Personal Injury,
each person: $100,000.00, and
b. Personal Injury,
each occurrence: $300,000.00, and
c. Property Damage,
each occurrence: $50,000.00, and
d. Property Damage,
aggregate: $100,000.00, or
e. Bodily Injury and
Property Damage Combined: $400,000.00.
(7) Such certificate shall state
that the insurance company shall furnish 10 days prior notice of cancellation
of the policy to the City Engineer.
(f) Banners.
The display of Banners is a specialized temporary use of the public right of
way and may be allowed on city streetlight poles and other such facilities in
the public right of way subject to compliance with the conditions and
regulations imposed in this subsection, including but not limited to standards
adopted by the director to ensure that the display of banners do not create an
unsafe condition for public use of the public right-of-way and are authorized
encroachment uses of the public right-of-way. The provisions of this Article
shall not apply to Banners regulated under Chapter 18, code of ordinances
unless specified therein.
(1) Banner permit. No
Banner shall be displayed in the public right-of-way without a Banner permit
issued by the director. The director is authorized to issue Banner Permits for
the display of Event Banners and Neighborhood Banners in city public
right-of-way. A Banner permit will state the number, and location of the
Banners and the duration of the permit.
(2) Banner permit fee. In
addition to the application fee provided in this subsection, the following
fees shall be paid to the city treasurer before a Banner permit is issued:
(3) Application for Banner
Permit.
a. Application fee. A
fee of $50.00 to cover the various costs incurred by the city in investigating
and processing the application shall be paid to the city at the time of
application for a Banner permit issued under this section. The application fee
is not refundable. The fee shall be deposited into an account established for
the Department of Public Works, Engineering Division for right-of-way service
charge-outs.
b. Contents. Any
person desiring to obtain a Banner permit under the terms of this subsection
shall make application therefor to the director, in writing, on a form provided
by the director. The applicant shall furnish the following:
1. Color
picture of the banner, or banners to be displayed.
2. Detail
drawing of Banner brackets and other hardware used to suspend the Banner.
3. Four
copies of a scale map or plan locating the poles to be used for display, and
depicting the street right-of-way lines.
4. Permission in writing from the owner of a
pole not owned by the city allowing the display of a Banner from such pole.
5. A list
of the pole locations and pole numbers.
6. An
insurance certificate that meets the requirements contained in subsection (e)
of this section.
(4) Issuance.
No Banner permit provided for by this subsection shall be issued for the display
of any Banner except in conformity with the following:
a. Approved
Locations. Banners for display within the public right-of-way may be displayed
only on primary arterials, secondary arterials and collector streets but shall
not be displayed on local streets, freeways or expressways. The display of
Banners on boulevards, parkways, streets or roads under the jurisdiction of the
Board of Parks and Recreation Commissioners, in addition to compliance with all
other regulations and conditions in this section, shall require approval from
such Board. The display of Banners from a privately owned building shall
require a permit issued by the Department of Codes Administration in accordance
with Chapter 18, Code of Ordinances.
b. Alignment and direction of display.
Permitted banners may only be displayed vertically, perpendicular or parallel
to the curb of a street along the sides of public right-of-way. No banner
shall be suspended or extend across the public right-of-way from one side of a
street to the other side of a street.
c. Size, materials,
placement.
1. No
Banner shall exceed 30 inches in width or 72 inches in length provided that a
larger Banner may be permitted if an applicant for a Banner Permit furnishes to
the director a wind load analysis, signed and sealed by a registered
professional engineer of the State of Missouri, setting forth that the
potential wind load on the pole for each proposed display for the total banners
on each pole is within the design standards for the pole installation.
2. The
lowest edge of the Banner shall not extend less than 16 feet above the level of
the street.
3. Vinyl-coated
nylon or a similar fabric Banners are permitted so long as they are constructed
of weatherproof and flame- retardant material
4. The
number and placement of banners shall limited as follows:
i. One
banner bracket set per pole.
ii. A
maximum of 2 banners may be installed on a single bracket set.
iii. Banners
shall not be placed closer than 200 feet from other banners except at
intersections and those streets in the central business district freeway loop.
5. If the
process of installation or removal of the banners will result in a disruption
of traffic, then the applicant shall comply with all of the applicable
regulations, and obtain such traffic control permits and pay the applicable
fees.
d. No Banner permit
shall be issued if the applicant has failed to meet all requirements set forth
in this subsection; if at the time of the proposed display there will be a
conflict of time with city sponsored Banners at the proposed location; if at
the time of the proposed display there will be a conflict with construction
activities at the proposed location; if the proposed Banner contains a display
of a religious message or symbol; or if the proposed Banner contains a
commercial advertisement of any kind.
e. As a condition for
the issuance of a Banner permit, the applicant shall furnish and maintain a
restoration deposit in the amount of $50.00 for each pole upon which a banner
will be attached under the permit. Upon city approval of the satisfactory
removal and restoration of the Banners and hanging brackets by the permittee,
the restoration deposit, less any amount used for removal or repairs, will be
refunded to the permittee.
f. As a condition for
the issuance of a permit for an Event Banner, the applicant shall pay the city
an inspection fee of $50.00 for the first pole and $2.00 for each additional
pole under the permit.
g. There shall be no
inspection fee for the issuance of a permit for a Neighborhood Banner.
(5) Duration for display.
a. The Banner permit
for the display of an Event Banner shall not exceed 90 days.
b. The Banner permit
for display of a Neighborhood Banner shall not exceed 365 days.
c. A Banner permit may
be renewed, following approval of an application and payment of the permit fee
and compliance with all other requirements set forth in this subsection.
d. Unless otherwise
approved by the director, upon expiration of a Banner permit, banners and
hanging brackets shall be removed by the permittee. During the permit period,
damaged, deteriorated, or faded banners shall be removed by the permittee and
may be replaced. If the permittee fails to remove the banner and hanging
brackets within a reasonable time after expiration of the Banner permit or
within a reasonable time after notification by the city that a banner is
damaged, deteriorated, or faded, then the city may remove the banners and
brackets without notice and charge the permittee a removal fee of $50.00 per
pole. Upon removal by the city, title to all materials, which have been
removed, shall vest in city as partial compensation for the cost of removal.
e. The issuance of a
Banner permit is a license and not a grant and may be revoked by the director
at his discretion; upon revocation the permittee shall cause the removal of the
facilities and the restoration of the area without expense to the City.
f. The insurance must
remain in force during permitted duration. If at any time the insurance
expires or is cancelled, the permit shall be deemed null and void and the
banners are to be removed from public property. If a reasonable time lapses
upon such expiration or cancellation, and the permittee has not removed the
banners and brackets, the City may remove them without notice. Upon removal by
the City, title to all materials, which have been removed, shall vest in City
as partial compensation for the cost of removal.
(g) Encroachment
ordinance license fee and application fee. The provisions in this
subsection shall apply to encroachments to deposit, place, erect or maintain
any structure, material, article, substance, decoration or thing on, in or
above any street, curb, gutter, park, parkway, sidewalk or public place of the
city but shall not apply to Banners.
(1) Whenever any person or
organization shall desire to use a portion of any street or sidewalk for one of
the purposes mentioned in subsection (g) of this section, the director shall,
upon review and approval, finding the encroachment to be reasonably necessary,
in the public interest and not containing commercial advertising nor religious
messages or symbols, prepare an ordinance to allow said encroachment and submit
it to the City Council for review and consent. The director also may issue to
such person or organization a temporary permit to use a portion of such street
to such extent and for such time, as the director shall find to be reasonably
necessary and in the public interest.
(2) Encroachments. Encroaching
uses of any street or sidewalk that require an ordinance include but are not
limited to subdivision and community markers, private telecommunication lines,
retaining walls, private sewer lines and private storm drain lines.
Encroaching uses of any street or sidewalk for which the director may issue a
temporary permit include but are not limited to monitoring wells and directional
signage.
(3) Application. An applicant for
an encroachment under subsection ( g) of this section shall:
a. Submit a letter of
request and eight (8) sets of plans depicting the encroachment to the City
Engineer that contains the following information:
1. Property
owners name, address and telephone number.
2. Name of
project.
3. Description
of the project.
4. Detailed
reason and use for the encroachment.
5. Applicants
name, address and phone number.
b. Submit a letter
from each public utility stating no interference with their facilities will be
required.
c. Submit plans which
shall contain the following information:
1. Name
and address of the owner of the installation.
2. Signature
and seal of a registered professional engineer of the State of Missouri (where
applicable).
3. Plan
and elevation views of the installation along with details of appurtenances,
cross-sections and construction notes as required and pictures, if available.
4. Dimensions
locating the encroachments in relation to street and/or easement right-of-way
lines, lot lines and land lines to locate the facilities to be constructed.
d. Submit an insurance
certificate that meets the requirements named in subsection (e) of this
section. The insurance must remain in force during permitted duration. If at
any time the insurance expires or is cancelled, the permit shall be deemed null
and void and the encroachment shall be removed from the public property. If the
permittee fails to remove the encroachment, then the city may remove it without
notice and may charge the cost of removal to the permittee. Title to all
materials removed by the city shall vest in city.
e. Show proof of
membership in a statewide one-call notification center for encroachments for a
privately owned underground utility.
f. Obtain approval of
the abutting property owners.
g. Obtain the approval
of the Municipal Art Commission if required.
(4) Application fee. Any
person filing an application submitted for special ordinance approval of
private use of public property shall pay a nonrefundable application fee of
$150.00 to the city to defray the expense of investigating the application,
issuing the permit and drafting an ordinance if required. The application fee
shall be deposited into an account established for the Engineering Division of
the Department of Public Works for right-of-way service charge-outs.
(5) License fee. The
Encroachment into the right-of-way shall be subject to the imposition of a
reasonable license fee in an amount established by the city based on the fair
market value of the use of such space. The Council may modify or waive the
imposition of a license fee if it determines that it is the best interests of
the public. Unless waived, the fee shall be payable prior to issuance of any
required permits to construct the encroachment or prior to the installation
of the encroachment if no permits are required. The calculated license fee, if
imposed, shall be reduced by the amount of the assessed application fee. The
license fee, if imposed, shall be deposited into the general account of the
city.
(6) The permission granted under
this subsection shall be construed as a permit and not a grant and may be
revoked by the director at his discretion; upon revocation the permittee shall
cause the removal of the facilities and the restoration of the area without
expense to the city.
(7) Any person or organization
obtaining either an ordinance allowing an encroachment of any street or
sidewalk or a temporary permit to use a portion of any street or sidewalk shall
comply with Section 64- 116 of this code.
_____________________________________________
Approved
as to form and legality:
___________________________________
Assistant
City Attorney