Loading...
HomeMy WebLinkAbout~Master - Relating to Use of Streets and Alleys, Repealing Ordinance 556 y r , PERMANENT ORD. NO. 809 Temporary Ord. No. 61 AN ORDINANCE RELATING TO THE USE OF STREETS AND ALLEYS IN THE CITY OF AMES, IOWA, FOR PRIVATE PURPOSES SUCH AS STAIRWAYS, AREAWAYS, VAULTS, STORAGE TANKS AND OTHER ENCROACHMENTS, THE USE OF STREETS AND ALLEYS FOR THE TEMPORARY STORAGE: OF BUILD- ING MATERIALS, REQUIRING PERMITS FOR SUCH USE, PROVIDING PENALTI-,S FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE AND REPEAL ING ORDINANCE NO. 556 AND ALL OTHER ORDINANCES OR PARTS OF OR- DINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMES, IOWA: Section 1. Encroachments Require Authorization. No person, firm or corporation shall create, construct, use or maintain upon, over or under the surface of any street or alley or within the limits of such street or alley in the City of .Ames any chimney, stairway, platform, steps, pipes, cables, wires, ropes, wells, areaways, railings, vaults, storage tanks, coal or boiler rooms or any other encroachment of a private and fixed character, unless and until per- mission is granted by the city council of the City of Ames, to create, construct, use or maintain such encroachment in connection with the real property of the person, firm, or corporation, and a written permit has been issued therefor. Section 2. Application for Permit. Application for a permit, to construct use or maintain an encroachment of a private and fixed character within the limits of any street or alley, shall be made in writing to the city council and accompanied with a complete plan in detail of the proposed encroachment. Section 3. Action on Application. The city coa.ncil may after investigatio approve, modify or reject such application. They may require as a condition precedent to the issuance of a permit by the city clerk that the property owner enter into contract with the city and furnish a corporate surety bond in an amount fixed by the city council, conditioned to hold the City of Ames harmless from any damages or expense of any nature sustained by said city or any person or persons by reason of the encroachment for which the permit is issued. Section 4. Annual Fee for Inspection. The city council may require the payment of such annual fee as it shall prescribe for the purpose of making in- spection of said encroachment. Failure to pay said fee when due shall operate to cancel the permit. Section 5. City Clerk to Issue Permit. Upon approval of an application by the city council the city clerk shall, upon filing of a bond, if required, collect the payment of the annual inspection fee, if any, and issue the permit and retain a record thereof in his office. The permit as issued shall set forth in detail any requirements imposed by the city council in granting said permit. Section 6. Revocation of Permit. The city council may at any time revok any permit issued under and by virtue of the terms of this ordinance when the privilege granted thereunder conflicts with the city's use of the streets and alleys any contract or agreement to the contrary notwithstanding. Section 7. Street Obstructions. It shall be unlawful for any person, firm or corporation to place any building or other materials, or to erect barricades, falsework, form work or place other temporary obstructions within the limits of streets or alleys in the City of Ames without first obtaining written permission from the city manager to do such work. The permission given by the city manager shall specify the time, place and manner of placing such temporary ob- structions and the precautions to be observed to protect the public during the time such obstructions are in place. The city manager may withdraw such per- mission at any time such obstructions become hazardous to the public or upon failure of the person, firm, or corporation failing or refusing to observe the pre cautions as set forth in such written permit. Section 8. Creation of Nuisance. Nothing herein shall be construed as authorizing the right of any person, firm, or corporation to erect or maintain a nuisance. Section 9. Repeal. Ordinance No. 556 and all other ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 10. Penalty. Any person, firm, or corporation, whether acting directly or through employees or agents, that violates, disobeys, or refuses to comply with the provisions of this ordinance shall be deemed guilty of a misdeme or and upon conviction shall be subject to a fine not exceeding one hundred dollars ($100. 00) or imprisonment not exceeding thirty (30) days. Section 11. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. Passed this 12th, day of July, 1955. J. W. Prather, City Clerk —?J. P. Lawlor, Mayor Moved by Smith and seconded by De Hart that Ordinance No. 809 be passed on its first reading. Voting Aye: Griffith, Judge, Smith, D: Hart, Bolton and Bliss Voting Nay: None Absent: None Moved by Griffith and seconded by Judge that the rules governing the passage of ordinances be suspended, the second and third readings omitted and Ordinance N 809 placed on its final passage. Voting Aye: Griffith, Judge, Smith, De Hart, Bolton and Bliss Voting Nay: None Absent: None Moved by Bolton and seconded by Bliss that Ordinance No. 809 do now pass. Voting Aye: Griffith, Judge, Smith, De Hart, Bo'.ton and Bliss Voting Nay: None Absent: None Mayor Lawlor declared Ordinance No. 809 duly adopted. I, J. W. Prather, City Cler%; of the City of Ames wa, do hereby certify the above and foregoing Ordinance No. 809 was duly o and properly adopted at at meeting of the City Council on the 12th day of July, 1955 and published by codifyin on the da of c C C 19�5 1 J• V. Pra er, City Clerk