(a)

Definition of words and phrases in this section shall be, where specifically found, as set forth in part II, subpart B (Land Development Regulations, section 10.2) of this City of Alachua Code of Ordinances and Florida Statutes.

(b)

It shall be unlawful for any person except City employees or agents, to close, obstruct or encroach upon, under any pretense, any of the squares, streets, sidewalks or any other part of any City right-of-way or public place without first acquiring a permit from the City Manager or designee. Person, as used and referenced in this chapter, shall include but not be limited to, the owner of the property contiguous to the right-of-way at issue, the permittee, successors and assigns and, or, as the facts and circumstances determine, the party directly responsible for a violation of this chapter. Nothing in this section shall be construed as to prevent merchants and others in receiving and delivering their goods and wares in the usual manner and in the ordinary course of business for which a Local Business Tax Receipt has been issued for the location.

(c)

Subsection (a) of this section also applies, but is not limited to, items such as motor vehicles, trailers or equipment parked outside of designated parking areas, any structure as defined in F.S. § 380.031(19), landscaping, trees, gardens and other planting.

(Ord. No. 13-05, § 1, 2-11-2013)

Editor's note— Ordinance No. 13-05, § 1, adopted Feb. 11, 2013, amended § 32-1, in effect repealing and enacting a new § 32-1, as set out herein. The former § 32-1 pertained to obstructions and encroachments on public streets and derived from Code 1960, § 20-4 and Code 1976, § 22-4.

It shall be unlawful for any person to cut, destroy or injure any of the trees or other planting growing in or upon any of the public places or right-of-way of the City, provided, nothing herein contained shall be so construed as to prevent the City from maintaining or removing the same at its discretion.

(Ord. No. 13-05, § 1, 2-11-2013)

Editor's note— Ordinance No. 13-05, § 1, adopted Feb. 11, 2013, amended § 32-2, in effect repealing and enacting a new § 32-2, as set out herein. The former § 32-2 pertained to damage to trees and shrubs and derived from Code 1960, § 20-5 and Code 1976, § 22-5.

(a)

Permittee shall exercise due care and strictly adhere to and meet the terms and conditions of any permit issued pursuant to this chapter by the City Manager or designee.

(b)

Any permitted alteration of City right-of-way such as a culvert or driveway, shall remain the property of the permittee and permittee and successors and assigns shall be responsible for continuing to maintain such facility in accordance with then existing City standards. The City shall have the right, but not the obligation, to perform required repair or maintenance of the permitted use (facility) and take such steps as are available to recover from permittee, successor or assign the cost of such maintenance or repair.

(c)

Permittee and successors and assigns shall agree to and be required to indemnify the City for any loss resulting from the permitted use.

(Ord. No. 13-05, § 1, 2-11-2013)

Editor's note— Ordinance No. 13-05, § 1, adopted Feb. 11, 2013, amended § 32-3, in effect repealing and enacting a new § 32-3, as set out herein. The former § 32-3 pertained to the duty of abutting property owner to mainain unpaved portion of right-of-way.

(a)

Any permit issued pursuant to this chapter is a license only and creates no vested right in permittee.

(b)

All use authorized by permit as described herein is subject to revocation by the City any time the City Manager or designee determines such revocation of such use is necessary in the public interest.

(Ord. No. 13-05, § 1, 2-11-2013)

(a)

Permit required. It shall be unlawful for any person to do any construction or repair work involving the tearing up and relaying of any street, part of street, sidewalk or other part of any right-of-way or other public places to obstruct, dig up or into or in any way disturb any street, part of street, sidewalk or other part of any right-of-way or public places including, but not limited to, removal of earth from ditches, construction of utility infrastructure, construction of driveways or construction of drainage culverts in the City without first procuring from the City Manager or designee a written permit therefor. The permit herein provided shall be issued under such conditions as may be prescribed by the City Manager or designee and shall accurately describe the portion of the right-of-way or other public place to be affected and the nature of the work to be performed and shall make provision for the replacement of that part of the right-of-way or public places which is disturbed by the work to the same condition as before disturbed and shall state a definite time within which the permit shall be operative. An application for the permit shall be obtained from the City Manager or designee. A fee of $55.00 shall accompany each permit application. All communication service providers will be exempt from the aforementioned $55.00 permit fee.

(b)

Erection and lighting of barricades. Any person carrying on or doing any construction, excavation or repair work in the City pursuant to a permit from the City Manager or designee as provided in subsection (a) of this section, shall erect and maintain proper, safe and sufficient barricades, and during that period of time between one-half hour after sunset and one-half hour before sunrise, shall maintain sufficient lights or flares around such barricades, work or excavations to warn persons of the presence of such excavations and work and to prevent injury to persons and property.

(c)

Post work repair. Upon the expiration of any permit granted pursuant to the provisions of subsection (a) of this section, the permit holder shall repair that area upon which such construction, excavation or repair work has been performed to the same condition as existed prior to the construction, excavation or repair work. Failure to do so shall constitute a second degree misdemeanor by the permit holder.

(Code 1960, §§ 20-1—20-3; Code 1976, §§ 22-1—22-3; Ord. No. 05-16, § 1, 7-5-2005; Ord. No. 07-19, § 1, 8-20-2007; Ord. No. 13-05, § 1, 2-11-2013)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Street line means that line limiting the right-of-way of the street and being identical with the property line of persons owning property fronting on the streets.

(b)

It shall be unlawful for any person to construct, place or grow, or suffer to be constructed, placed or grown, any fence, wall structure, vegetation or obstruction of any kind which exceeds two feet in height measured from the crown of the adjacent street, on any property which is located at the corner of intersecting streets within the following:

(1)

An area formed by a triangle, the apex of which is the point of intersection of the street lines, the legs of which extend 25 feet along said street lines and the hypotenuse of which connects the ends of the legs.

(2)

In addition to the above, when the street line adjacent to the major road is ten feet or less from the curbline, edge of pavement or edge of the driving surface, an area formed by a triangle, the apex of which is the point of the intersection of the lines formed by the projection of either the curbline, edge of pavement, or the edge of the driving surface, the legs of which extend ten feet along the minor road and 100 feet along the major road, and the hypotenuse of which connects the ends of the legs. For purposes of this section, the major road shall be the one which has the right-of-way under this Code of Ordinances or State law.

(c)

The terms of this section shall not apply to utility facilities or to vegetation, the branches of which are kept trimmed up to a height of eight feet above the highest crown of the intersecting streets unless same is deemed to be a traffic hazard after an appropriate engineering study or to those areas where zoning permits buildings and structures to encroach in the area set forth in subsection (b) of this section.

(Code 1976, § 22-7; Ord. No. O-76-1, § 1, 10-21-1975)