title
RIGHT-OF-WAY OBSTRUCTIONS AND STREET CLOSURES (B)
Ordinance No. 0-09-13
An ordinance of the City of Gainesville, Florida, relating to right-of-way obstructions and street closures; stating legislative findings, amending Article III of Chapter 23 of the Code of Ordinances; providing for permits and requirements for obstructions and street closures; providing additional regulations for cranes, hoists and other mechanical apparatus; providing exemptions; renumbering § 23-36 relating to obstructing streets; renumbering § 23-38 relating to trees and waste; providing penalties; renumbering, transferring and amending § 19-95 relating to vendors' stands; renumbering and transferring § 23-42 to a new Article in Chapter 26 relating to parades and assemblies on streets; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
This ordinance imposes a permit requirement on those who wish to obstruct a right-of-way within the City. The Public Works Department would issue the permit. The applicant must also post a cash deposit with the Finance Director and obtain adequate insurance naming the City as an insured to cover any potential liability. There are heightened requirements for cranes and hoists to be used within the right-of-way due to the damage associated with that type of machinery.
The ordinance gives city staff certain discretion regarding permit conditions and requirements. For example, the Risk Management director has discretion to lower the insurance liability amount if the applicant can show that the amount is excessive for the nature of the limited activity. Furthermore, Gainesville Police Department and Gainesville Fire Rescue Department have authority to compel the Public Works Department to deny the permit if the right-of-way closure will be a danger to public health and/or safety.
The ordinance exempts certain right-of-way obstructions from the permitting requirements. Those exemptions are obstructions covered under a different ordinance (e.g., parades), obstructions that last less than one hour, obstructions in response to a natural or man-made disaster, emergency maintenance by public and private utilities, and obstructions made by the City, its agents, or contractors performing work on behalf of the City.
At its meeting of August 20, 2009, the City Commission heard a report on this topic and approved the recommendation that authorized this office to prepare and the clerk of the commission to advertise the ordinance. We have revised the ordinance in response to comments from AT&T Florida.