City of Gainesville - File #: 090297.

• File #: 090297.
• Version: 1
• Name: RIGHT-OF-WAY OBSTRUCTIONS AND STREET CLOSURES (B)
• Type: Ordinance
• Status: Adopted
• File created: 10/1/2009
• In control: City Attorney
• Final action: 10/15/2009
• 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.

Date	Ver.	Action By	Action	Result
10/15/2009	1	City Commission	Adopted on Final Reading (Ordinance)	Pass
10/1/2009	0	City Commission
8/20/2009	0	City Commission	Approved as Recommended	Pass

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 a...