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HomeMy WebLinkAbout2008-OR-40 (FAILED)roiled 4-3 ORDINANCE 2008-OR- AN ORDINANCE AMENDING ORDINANCE 2005-OR-040 "AN ORDINANCE TO PROHIBIT THE INTERFERENCE OR IMPEDIMENT OF PUBLIC STREETS AND RIGHTS-OF-WAY WHEREAS, the Common Council recognizes the need to regulate the prohibition of the interference or impediment of public streets, sidewalks and rights-of-ways in order to protect the health, safety and welfare of the general public in the City of Jeffersonville; WHEREAS, all rights-of-way, streets and sidewalks shall be required to be free of all obstructions, (except mailboxes) in order to allow the City to utilize the rights-of-way for maintenance activities and to ensure the health, safety and welfare of the public and the City; NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA, that it shall be unlawful for any person to interfere or impede the public rights-of-way, easements and sidewalks in a manner that is detrimental to the public health and safety; WHEREAS, this prohibition shall include, but not be limited to, the erection of any permanent or temporary basketball goals that shall have their "goal" facing a road, right- of-way.. street or easement, such that it shall result in the "field of play" being in the road, right-of-way, street or easement; WHEREAS, this prohibition shall not include any and all commercial businesses, restaurants or other entertainment facilities that secure a permit from the City to erect tables, benches or other real property upon the sidewalks located in the City; WHEREAS, a commercial business shall file a request for relief from this ordinance by appearing before the Board of Public Works and requesting permission to erect tables, chairs, or other real property upon the sidewalks located in the City; WHEREAS, permission to erect tables, chairs, or other real property upon the sidewalks located in the City shall not be unreasonable withhold so long as the applicant can demonstrate that said tables, chairs or other real property shall be reasonable maintained and shall be situated in such a position and/or location that the general public shall have the ability to safely traverse the sidewalk, public rights-of-way or easement; WHEREAS, any commercial business and/or other entity that secures authority to erect tables, chairs, or other real property upon the sidewalks of the City shall be required to execute an agreement with the City wherein they assume all liability for any negligence and/or injuries that may occur as a result of the erection of said tables, chairs, or other real property upon the sidewalks of the City; WHEREAS, in addition to said exculpatory agreement the commercial business shall further provide the City with proof of liability insurance wherein the commercial business shall specifically set forth that it shall be covered for any injuries and/or damages that may occur as the result of the erection of tables, chairs or other personal property upon the sidewalk, public right of way and/or easement; WHEREAS, no one shall be eligible to erect tables, chairs or other personal property within the easements, sidewalks or rights-of-way of the City without first providing proof of insurance and proof that the City has been named upon said policy as an "also insured" party; WHEREAS, every person responsible for any violation of this ordinance shall be subject to a penalty of not more than Two Thousand Five Hundred Dollars ($2,500) nor less than One Dollar ($1). Said violations shall be prosecuted by the City attorney and shall be heard in the Jeffersonville City Court. WHEREAS, IT IS FURTHER ORDAINED that the Clerk and Treasurer of the City of Jeffersonville shall cause notice of the passage of this Ordinance to be published in the Jeffersonville Evening News within thirty (30) days of its adoption. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS PASSAGE AND APPROVAL. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Voted Por: Passed this day of , 2008. Voted Against: Mayor Thomas Galligan Attest: Peggy Wilder, Clerk-Treasurer Presented by me, Peggy Wilder, as the Clerk and Treasurer to the Mayor of said City of Jeffersonville, Indiana on this _ day of , 2008. Peggy Wilder, Clerk-Treasurer This ordinance approved and signed by Thomas Galligan, Mayor of the City of Jeffersonville, Indiana on this day of , 2008. Galligan, Mayor This ordinance was vetoed by me, Thomas Galligan, Mayor of Jeffersonville, Indiana on this the day of , 2008. Thomas Galligan, Mayor