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13. Ordinance 1265 - Sidewalk Amendment - 2nd ReadingAgenda -July 21, 1997 AGENDA ITEM 13 - ORDINANCE 1255-SIDEWALK AMENDMENT-2ND READING BACKGROUND/CONSIDERATION: This ordinance allows the staff authority to begin a permitting process for items to be placed upon City sidewalks. RECOMMENDATION: For the reasons we have previously discussed, I continue to recommend the approval of this ordinance. ACTION REQUIRED: Second reading approval will complete the ORDINANCE adoption process. ORDINANCE NO. 1265 AN ORDINANCE AMENDING R.O. 1947, § 962 (§ 24-6, KALISPELL CITY CODE) ALLOWING OBSTRUCTIONS OF STREETS, ALLEYS, PUBLIC GROUNDS, AND SIDEWALKS BY PERMIT, AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION I. That R.O. 1947, § 962 (§ 24-6, Kalispell City Code) is hereby amended to read as follows: A) No person' shall place, or permit to remain, upon any street, alley, public ground or sidewalk within the City, and structure, fence, wood, lumber, sawdust, gravel, boxes, debris or any article or thing, which will obstruct or interfere with traffic and travel thereon, unless such obstruction be temporary and necessary in the transportation of goods, or done in conformity with existing building regulations. B) Notwithstanding, the provisions of § A, supra, a.person desiring to utilize any street, alley, public grounds or sidewalk within the City, may, prior to using said property apply to the City Public Works Department for a permit allowing the use of said property. C) The Public Works Department shall refer any application for the issuance of a permit hereunder for review to the City Manager, Police Department, and Building Department to determine whether or not the permit meets the requirements of this Ordinance. The Public Works Department shall issue a permit if the following conditions are met: 1) The proposed use will not unreasonably obstruct public access and passage or otherwise constitute a health or safety hazard. 2) The City may impose reasonable conditions in the permit to insure adequate public access and unobstructed passage, the public health, safety and welfare. 3) Except for permits for temporary construction obstruction, public furnishings and fences, no permit issued under this Ordinance shall extend beyond October 30 of the year in which it is issued. ■®■®XXi \wp\planters wpd July 2 1997 4) Private use or occupancy of public places shall only be permitted during the period specified in the permit. 5) Retail merchandising or display shall not be permitted except by special permission to be granted by the City Council. 6) Each applicant for a permit, hereunder, as a condition precedent to the issuance of a permit, shall present to the Public Works Department a certificate of liability insurance executed by an insurance carrier authorized to do business in Montana in an amount of not less than $100,000.00. Such certificate shall verify the City's status as an additional named insured and set forth the limits of the policy, the policy number name of insurer, the effective and expiration dates of the policy, and an endorsement requiring at least ten day's written notice of cancellation to the City. 7) The Public Works Department shall issue or deny the permit within ten (10) business days after the submission of a complete application. D) Any permit issued pursuant to this Ordinance shall be revocable upon a determination made by the City Manager that: 1) Misstatements or omissions of material fact have been submitted in the application process, 2) The permittee violates or permits the violation of any term, condition, or restriction contained in the permit, 3) The use or activity permitted constitutes a public hazard or nuisance, 4) A violation of the ordinances of the City, or State or federal law or regulation, is occasioned by the use or conduct associated with the permit, or ■ ■ ®®XXi \wp\planters wpd July 2 1997 5) If the City Manager determines that an emergency exists and that discontinuance of the use or activity contemplated by the permit or other activity exempted from the permit requirement is necessary in order to protect or preserve the immediate health, safety or welfare, the use of the public property shall cease immediately upon provision of written notice to the permit holder or person using the public property. SECTION II. This Ordinance shall take effect from and after thirty (30) days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL, THIS 7T" DAY OF JULY, 1997. Douglas D. Rauthe - Mayor ATTEST: Debbie Gifford, CMC Clerk of Council ■ ■ ■ ■ xxi \wp\planters wpd July 2 1997