West Palm Beach |
Code of Ordinances |
Chapter 78. STREETS, SIDEWALKS AND PUBLIC PLACES |
Article XV. PUBLIC RIGHT-OF-WAY USE |
§ 78-432. Permit requirements.
(a)
An application for a permit for the temporary obstruction of a city public right-of-way shall be submitted to the engineering services department on city-approved forms. A permit may be issued provided the application is complete and the following requirements have been met:
(1)
The applicant shall agree to indemnify, defend, save and hold harmless the city, its officers and employees, from any and all claims, liability, lawsuits, damages and causes of action which may arise out of the permit, or the permittee's activity on the right-of-way. The applicant shall sign an indemnification in form and substance approved by the city attorney.
(2)
Where applicable, a fee in an amount established by resolution of the city commission shall accompany each application.
(3)
The applicant agrees to abide by all permit conditions.
(4)
When any activity will close and/or obstruct any public right-of-way and result in the detouring of traffic, an FDOT Index 600 maintenance of traffic plan (MOT) shall accompany the permit application for any roadway or lane closure or obstruction and, if applicable, for sidewalk closure or blockage. For closures that create significant impacts to traffic, the city traffic engineer, or designee, may require that a MOT plan be signed and sealed by a state of Florida registered professional engineer.
(b)
No permit shall be issued if the engineering services, public utilities, public works, police and/or fire departments, or the traffic engineer or transportation engineer, determine that such activity would constitute a danger to public health and/or safety, or conflicts with any other planned activities.
(Ord. No. 4198-09, § 1, 3-9-2009)