This article applies to all activities and work performed by any person, partnership, corporation or other entity, including departments, divisions, agencies or boards of the city, in, on, under and over public rights-of-way under the jurisdiction of the city.

(G.O. 118, 1996, § 1)

(a)

The department of business and neighborhood services, by and through its division of construction and business services, shall be responsible for controlling all activities and work performed by any person, partnership, corporation or other entity, including departments, divisions, agencies or boards of the city, in, on, under and over public rights-of-way under the jurisdiction of the city ("public rights-of-way") and for enforcing compliance with the provisions of regulations adopted by the board of business and neighborhood services ("board") pursuant to this article.

(b)

The division of construction and business services, after consultation with the engineering division of the department of public works, shall recommend to the board proposed regulations to be adopted by the board.

(G.O. 118, 1996, § 1; G.O. 15, 2001, § 100; G.O. 3, 2002, § 21; G.O. 63, 2009, § 66; G.O. 41, 2016, § 2)

(a)

The board shall, in accordance with the procedures specified in this section, adopt regulations which apply only to work performed in, on, under and/or over public rights-of-way and to the permits, procedures, requirements, standards and fees which are associated with such work. Those regulations may include, but are not limited to, regulations establishing the following:

(1)

Standards for traffic controls for construction and maintenance operations or activities in, on, under and over the public rights-of-way, which standards shall be designed to protect members of the public using such public rights-of-way and to be consistent, to the extent practicable, with the "Indiana Manual of Uniform Traffic Control Devices," the "Indiana Department of Transportation Standard Specifications, 1995 edition," and all other state and federal statutes, recognizing, however, that traffic controls for projects within public rights-of-way subject to the jurisdiction of the department may be less stringent than the traffic controls required in connection with work on state or federal highways where traffic will be traveling at much greater speeds;

(2)

Restrictions with respect to when and how work should be performed in public rights-of-way in certain geographical areas, including but not limited to the area around Monument Circle, RCA Dome and Convention Center or in areas during times when special events such as the 500 Mile Race and State Fair, are being held;

(3)

Time periods when work in, under, on or over public rights-of-way should, except in cases of emergencies, be prohibited or limited;

(4)

Minimum standards for compaction or deflection testing or both;

(5)

Bonding or insurance requirements;

(6)

Enforcement procedures;

(7)

Standards for right-of-way excavations;

(8)

Standards for restoration of the public right-of-way;

(9)

Inspection and testing procedures;

(10)

Applicability of standards adopted by the board;

(11)

Variance procedure;

(12)

Appeal procedure;

(13)

Form and content of the right-of-way excavation permit;

(14)

Kinds and categories of permits;

(15)

Permit fees;

(16)

Permit issuance procedures;

(17)

Indemnification provisions;

(18)

Emergency permit notification procedures; and

(19)

Permit verification procedures.

(b)

In addition to the requirements specified in subsection (a), a copy of the notice of hearing on any regulation proposed to be adopted by the board under this section shall be mailed by United States first class mail concurrently to all public utilities providing service in Marion County.

(G.O. 118, 1996, § 1; G.O. 168, 1999, § 18)

(a)

Except as otherwise provided in subsections (b) and (c) of this section, it shall be unlawful for any person, partnership, corporation, or other entity, including departments, divisions, agencies or boards of the city to perform any work, including, but not limited to, cutting, drilling, digging or excavating in, on, over or under a public right-of-way without first having obtained a permit from the division of construction and business services of the department of business and neighborhood services. A violation of this section is subject to the enforcement procedures and penalties provided in section 103-3 of this Code; provided, however, the fine imposed for such violation shall not be less than one hundred dollars ($100.00), and each day that an offense continues shall constitute a separate violation. The controller shall cause any fines collected under this section to be deposited into an account for the use and benefit of the division of construction and business services.

(b)

In the event an emergency arises that affects the health and safety of the public or requires the restoration of a utility service and such an event occurs at a time other than normal business hours for the division of construction and business services, work may be performed in, on, over or under the public right-of-way without first obtaining a permit. If such event were to occur, the person, partnership, corporation or other entity performing such work must file for a permit from the division on the first business day following the commencement or performance of the work.

(c)

Notwithstanding the requirements of subsection (a), no permit shall be required for work in, on, over or under a street, (i) which is located within a subdivision platted after January 1, 1992, and (ii) which has not been accepted by the board in accordance with section 691-129 of this Code.

(G.O. 118, 1996, § 1; G.O. 168, 1999, § 18; G.O. 15, 2001, § 101; G.O. 3, 2002, § 22; G.O. 63, 2009, § 67; G.O. 41, 2016, § 2)

Failure to conform to any of the provisions of this article or the provisions of the regulations adopted by the board pursuant to this article, shall constitute a violation of this Code.

(G.O. 118, 1996, § 1; G.O. 168, 1999, § 18)

Whenever any of the matters relating to improvements, under private contract, of sidewalks, driveways or curbs, or the connection of private premises with public sewers and public utility service lines, and the control thereof by the department of business and neighborhood services or by any other board are covered and controlled in all respects by any state statute, all such work so controlled shall conform to and all proceedings shall be governed thereby, but may also be supplemented by this Code. However, if and whenever any such statutes are repealed or amended so as not to cover all such matters or part thereof, then the provisions applicable to the matters set out in this chapter or other city ordinance shall be thereupon revived and again become effective in all or any of such matters, whether or not such statutory provisions, as herein incorporated by reference thereto, continue in effect for that purpose.

(Code 1975, § 28-2; G.O. 15, 2001, § 117; G.O. 3, 2002, § 38; G.O. 63, 2009, § 79; G.O. 41, 2016, § 2)

No person, including governmental bodies other than the city, shall cause any public way in the city to be altered, paved, widened, reconstructed or resurfaced without first obtaining a permit therefor from the division of construction and business services of the department of business and neighborhood services, which permit may be issued by the division upon payment of the required fees. Such improvement shall conform to the established highway grades and to the standard plans and specifications for that kind of work, as adopted by the board of public works.

(Code 1975, § 28-277; G.O. 15, 2001, § 117; G.O. 3, 2002, § 38; G.O. 63, 2009, § 79; G.O. 41, 2016, § 2)

It shall be the duty of owners of property abutting on a street or public place, which is to be permanently improved, repaired or altered, to provide for, install and make private connections for the use of their premises with an existing or for a later sewer or drain laid in the street, with all water, gas and other like types of public utility services, and make all necessary repairs, extensions, relocations, changes or replacements thereof, and of any accessories thereto. Such owners shall bring the utilities from the places of connection in the street or public place to points within the curb or roadway line and up to the property line of the street or public place, in such manner and time as the division of construction and business services shall designate, order and require, as in instances of such improvements by the city itself.

(Code 1975, § 28-278; G.O. 15, 2001, § 117; G.O. 3, 2002, § 38; G.O. 63, 2009, § 79; G.O. 41, 2016, § 2)

All work subject to this article shall be done in all respects in the manner required when such work is done by or for the city, except for the requirement of bids for the contract, and shall be completed within thirty (30) days after the confirmation of any resolution by the board of public works, or the letting of any private contract, unless the time is extended by order of the board of public works. A performance and maintenance bond, as required by this chapter for excavations, shall be executed to the city by any person doing such work himself or under private contract, and any person doing the work in any manner shall also agree to indemnify the city and all other persons against all damages, losses, claims, judgments and expenses arising from such work.

(Code 1975, § 28-279; G.O. 15, 2001, § 117; G.O. 3, 2002, § 38)

(a)

The division of construction and business services of the department of business and neighborhood services shall inspect the streets, sidewalks and public places of the city, and the department of public works shall repair and maintain the streets, sidewalks and public places of the city in a reasonably safe condition so far as the extent thereof and the facilities available therefor render practicable, to promote the security of those who travel over them by foot and vehicles, in the usual and accustomed modes and while themselves exercising reasonable care. It shall also be the duty of all city police officers and firemen to observe all streets, sidewalks, bridges and other public places over which they pass in the course of their duties and to make a record of and report promptly to the city traffic captain all defects and dangerous conditions they observe, and the traffic captain shall promptly report such findings in writing to the division of construction and business services.

(b)

The division of construction and business services and the department of public works shall keep suitable persons employed, as the appropriations therefor permit, who respectively shall inspect, and cause to be repaired, dangerous or material defects and places on the streets, sidewalks, bridges and all other public places discovered by or reported to them. Any defective public ways of any kind reported to the department of public works or coming to its knowledge shall be repaired in a reasonable time; however, there shall be no duty, except when so ordered or when the need is evident, on the part of the department of public works and the city employees to repair every slight and trivial defect, uneven place and crack in the pavements, sidewalks, or portions of any street, or public place, which appear unlikely to cause injuries, but they shall use due diligence to remove all such defects and repair all such portions of the public ways and places known by them or reported to them that are reasonably sufficient in kind and extent to be dangerous for the general public in traveling over the same in the usual and accustomed modes while using their own faculties with due care.

(Code 1975, § 28-280; G.O. 15, 2001, § 117; G.O. 3, 2002, § 38; G.O. 63, 2009, § 80; G.O. 41, 2016, § 2)

(a)

It shall be lawful for any person employed by the city or for any contractor who is engaged in the construction, repair, paving, repaving or any other authorized work on any street or public place in the city to place proper barricades across the street and to close all or any portions thereof for the purpose of protecting the public and preserving the surface of the pavement, which is being or is about to be constructed or repaired, until the work is completed and safe and suitable for the public use thereof.

(b)

Barricades permitted by subsection (a), and, when dark, lights, shall be placed thereat; all to be maintained by the person doing the work, as provided in this Code for other work upon the public streets or places.

(c)

All barricades authorized by subsection (a), when the work is fully completed, shall be removed by the person who placed them on the street, or by employees of the city or the contractor, as soon as practicable and without notice; or shall be removed immediately upon order of the division of construction and business services.

(d)

No person, without the written consent of the administrator as assigned by the deputy director of the division of construction and business services, who is supervising street construction, repair or other work shall throw down, displace, damage, tamper with or remove any barricade or light placed in position during the process of such work.

(e)

No person, without being so authorized by a person supervising work subject to this article, while barricades are in place during the progress of the work, shall drive through, around or against such barricades, nor shall any pedestrian walk over or around them; nor shall any person do any act to damage the freshly laid pavement or mar the surface thereof in any way, or interfere with such work, materials or equipment.

(Code 1975, § 28-281; G.O. 15, 2001, § 117; G.O. 3, 2002, § 38; G.O. 63, 2009, § 80; G.O. 41, 2016, § 2)

(a)

No person shall remove, construct, reconstruct, establish, alter or repair any sidewalk within the city under a private contract, without first obtaining a permit therefor from the division of construction and business services and paying the required fees, as authorized by this Code. Any person desiring a permit required by this subsection shall first submit plans and specifications therefor to the division of construction and business services, who may either approve the plans and specifications or require them to be altered, after which the owner or contractor shall apply to the division of construction and business services for the permit for such work.

(b)

A performance and maintenance bond, as required for excavations in streets, shall be required of any person doing such work, and he or she shall agree to indemnify the city and all other persons, as required for street improvements. In all instances, the division of construction and business services may require such permittee to carry a sufficient public liability insurance policy in such amount as it determines to be necessary to protect the public, as a condition to issuing any permit under subsection (a).

(c)

No sidewalk shall be constructed, reconstructed, altered or repaired so as to prevent free and unobstructed passage thereon for any longer than necessary, or in such manner as to interfere with the proper drainage and grading of the street.

(d)

All such work shall be subject to the approval of the division of construction and business services after consultation with the engineering division of the department of public works, and to further orders thereon. All matters of procedure pertaining thereto, as now or at any time provided for by statute, shall be followed so far as applicable, and are hereby adopted by this reference thereto as a part of this subsection, to continue, in the event any such statutes should be amended or repealed without continuing such or similar provisions.

(e)

Any person causing a sidewalk to be built, constructed, reconstructed, altered, repaired or used contrary to such plans and specifications, as approved, or in violation of any provision of this chapter, or of state law, upon conviction therefor, may be fined as provided generally for violations of this Code; also, such work may be ordered to be suspended and to be constructed or reconstructed at such person's expense.

(Code 1975, § 28-282; G.O. 15, 2001, § 117; G.O. 3, 2002, § 38; G.O. § 63, 2009, § 80; G.O. 41, 2016, § 2)

(a)

Any public utility having a right pursuant to any statute, ordinance, franchise, contract, easement or other document to lay, install, maintain, repair and operate its facilities in, under, along, through or over the streets, avenues, alleys, public grounds and public rights-of-way of the city shall exercise such right in accordance with the terms of such statute, ordinance, franchise, contract, easement or other document and the city or state law applicable thereto. Nothing in this article and no action of the city pursuant to this article shall be construed as relieving any public utility from the control of the city under its police powers, or as vesting, extending or increasing the utility's rights in or to the use of any streets, avenues, alleys, public grounds and public rights-of-way, other than under and by the provisions of any statutes, ordinances, franchises, contracts, easements or other documents granting the utility any such rights and as limited therein by law.

(b)

Whenever the department of public works shall deem the condition or location of any public utility pole, wire, main, cable, conduit, pipe or other facility in any street or public place to be dangerous or injurious to life or property, it shall order, in writing, the facility to be made safe or to be removed. If the utility fails to repair or remove the facility, the city may cause the repair or removal thereof, and the utility shall pay all costs incurred by the city in connection therewith. It shall constitute a violation of this Code for any public utility to fail to comply with a written order of the city to repair, remove or relocate any of its facilities located in, on or above any public grounds or rights-of-way whenever the uses of the city for any such ground or right-of-way so requires or where the access to and use of any private premises are interfered with.

(c)

Whenever any electric, water, gas or other public service utility has been ordered by the city to do any thing pursuant to this article regarding its facilities located in any public right-of-way or place, or to provide service for the public in any location within the city, and where no statute or regulation of the state permits the utility to refuse such service, it shall be a violation of this Code for any such utility to fail to do so, after being so ordered in writing by any competent municipal authority. Whenever any public utility shall fail or refuse to comply with orders by the city, or shall fail to comply with any of the provisions of this Code or of state law, the city-county council may suspend the franchises, grants, contracts, permits, privileges, easements or rights of such utility to use thereafter any of the streets or public places of the city, and no such uses shall be resumed without obtaining from the city its new approval as originally required, or as may be then authorized by statute, or unless so ordered by a court or the Public Service Commission of Indiana.

(Code 1975, § 31-1; G.O. 15, 2001, § 118)

(a)

The department of public works may designate the sides of the streets and the locations thereon along which any of the poles, wires, mains or conduits used by telegraph, telephone, transportation, television, electric light, gas and water utilities, either separately or jointly, shall be placed, strung or laid. The department of public works may refuse to permit the same utility to erect or maintain poles, or string wires or lay cables, mains or conduits along both sides of, or in more than one (1) part of any streets, except in cases of emergency or cases of clear necessity.

(b)

Whenever the department of public works shall deem it necessary that the location of any pole, wire, cable, main, conduit or other public utility facility in any public right-of-way or public place shall be changed, the department shall order in writing the change of location thereof, designating the proper location therefor, and provide a reasonable time for compliance by the affected utility or utilities. Changes in location of utility facilities in, over or through public rights-of-way or public grounds necessitated by work initiated by or financed by the department of and public works shall be at the expense of the utility. However, in their project plans, the department of public works shall coordinate with the utilities to insure the utility relocation costs are limited to the maximum extent possible. Changes in location of utility facilities in, over or through public rights-of-way or public grounds necessitated by work initiated by or financed by any party other than the department of public works shall be at the expense of such other party.

(Code 1975, § 31-2; G.O. 15, 2001, § 118)

(a)

All utilities desiring to work in, on, under or over the public right-of-way shall obtain all applicable permits as required in this article. In performing such work, the utilities shall be bound by the standards, regulations, procedures and guidelines set forth in this article except that:

(1)

A public utility shall not be required to file a performance bond with an application for a permit if the utility has on file with the permit section of the department of business and neighborhood services a statement signed by an officer of the utility wherein the utility agrees to indemnify the city against, and hold the city harmless from, any claim for damages arising out of the work of the utility (or persons, corporations or firms authorized by the utility) in a public right-of-way pursuant to any permit issued by the permit section of the department of business and neighborhood services.

(2)

A public utility shall not be required to file a written statement of insurance with an application for a permit if the utility has on file with the permit section of the department of business and neighborhood services the indemnification agreement specified in subsection (1) above.

(3)

A public utility shall not be required to obtain in advance any permit or permits to excavate within the public right-of-way or block or alter traffic patterns on any thoroughfare or street where such action:

a.

Is required in connection with making emergency repairs to underground, overhead or surface facilities;

b.

Is necessary because service to one (1) or more customers has been interrupted or is in danger of being interrupted and the interruption may result in personal injury or property damage to the customer, utility or some third party; or

c.

Is required to comply immediately with an order of a court or an agency having jurisdiction over the utility.

Whenever a utility performs work in accordance with this exception, it shall notify the department of public works maintenance section by telephone during normal duty hours or, if after normal duty hours or on holidays or weekends, the permit section of the department of business and neighborhood services where such notification will be recorded by a telephone recording device.

(4)

A public utility shall not be required to obtain a right-of-way excavation permit to perform work, including excavating, in a public right-of-way unless the utility will make an excavation in or under the paved surface within the right-of-way.

(5)

A public utility shall not be required to obtain parking meter block out and removal permits, provided the utility reports all blockages to the parking meter section of the department of public works and pays, on a monthly basis, the blockage charges due.

(b)

All work including, but not limited to, the restoration of pavement, sidewalks or grass areas, shall be done by the utility at the expense of the utility, unless the city shall elect to do the work and charge the cost thereof to the utility. Such work shall be subject to the supervision and approval of the department of public works.

(c)

Adequate and appropriate water quality measures including, but not limited to, erosion and sediment control, inlet protection, concrete washout containment and dewatering filters, shall be implemented and maintained throughout the duration of the project to protect surface waters and the storm sewer system from pollutants.

(d)

All disturbed areas shall be restored with vegetation or pavement, as applicable, to stabilize the site. Vegetation restorations shall include adequate seed and erosion protection, such as an erosion control blanket.

(e)

Notice of work in public rights-of-way.

(1)

For purposes of this subsection, the terms "utility pole" and "wireless support structure" have the meaning set forth in House Enrolled Act 1318 (2015).

(2)

For purposes of this subsection, the term "residential area" shall mean any area zoned dwelling (zoning districts D-1, D-2, etc.) as set forth in the Indianapolis-Marion County zoning ordinance, as the same may hereafter be amended, replaced or recodified.

(3)

Except in an emergency where a failure to act immediately could lead to serious harm to public health or safety, at least twenty (20) days before placing a new utility pole or wireless support structure in a public right-of-way in a residential area, a utility or its contractor shall give notice to the department of public works. The notice shall be made electronically through email to the department of public works or access to the website of the department of public works. The notice shall contain a brief description of the work to be done, the expected timing for the work, and a contact telephone number for those who have questions about the work. At least ten (10) days before the work begins, the department of public works shall post the notice on its public website.

(4)

The notice requirement contained in subsection (3) does not apply to the replacement, repair or improvement of an existing utility pole or wireless support structure.

(Code 1975, § 31-3; G.O. 15, 2001, § 118; G.O. 45, 2015, § 1; G.O. 3, 2020, § 1; G.O. 16, 2022, § 47; G.O. 33, 2023, § 10)

The department of public works may prescribe or approve the locations for installation and the approximate height, dimensions and character of telephone, telegraph, electric or any other poles used by a utility. The height, dimensions and character of all structures used to support aerial utility or public-owned lines shall be of a diameter, height and character that will provide safe clearances as specified in the prevailing governing federal, state or local codes. The department of public works shall require the removal or relocation of any such structures and appurtenances of such structures which do not comply with the reasonable requirements as set out or approved in accordance with the provisions of this Code.

All poles shall be removed according to the following standards unless otherwise authorized or directed by the department of public works:

(1)

Any pole located in nonpavement areas shall either be removed in its entirety or cut off one (1) foot below the ground surface level.

(2)

Any pole located in pavement areas shall either be removed in its entirety or cut off below the full depth of the pavement.

(Code 1975, § 31-4; G.O. 15, 2001, § 118)

(a)

Each utility having the right to install and locate poles, service lines, conduits or other utility facilities of any kind in the public rights-of-way and places of the city shall at all times maintain a record of the same, their locations in the public streets or public places of the city, and a record of the location and dates of repairs made to those facilities within the last eight (8) years. Such records and copies thereof shall be made available, on demand, to the mayor, the director of public works, the chiefs of the fire department and Indianapolis Metropolitan Police Department, or any board or other city official requiring and requesting such information. All records of all abandoned lines and of the removal of all utility poles, conduits, pipes, lines and other facilities shall be kept by the utility for a period of at least three (3) years and be available to the city authorities, or copies of such records be furnished on demand.

(b)

It shall be unlawful for any utility required to keep records by this section to fail to keep such records, or to fail to produce and make them available to the city authorities on written demand.

(Code 1975, § 31-5; G.O. 15, 2001, § 118; G.O. 110, 2005, § 50; G.O. 47, 2009, § 52)

For purposes of this article, the term "public utilities" includes companies which are subject to the jurisdiction of the Federal Communications Commission as persons engaged in interstate commerce in communications by wire.

(Code 1975, § 31-7)

The purpose and intent of this Chapter 645 is to:

(1)

Establish a public policy and procedure concerning and governing the occupation of the public rights-of-way by any entity or person providing utility and other services;

(2)

Establish a public policy for the conservation of the limited physical capacity of the public rights-of-ways held in public trust by the consolidated city;

(3)

Establish a public policy for the granting and management of reasonable access to the public rights-of-way;

(4)

Establish a public policy to assure that the consolidated city's current and ongoing costs of granting and regulating private access to and use of the public rights-of-way are fairly assessed to, and equitably recovered from, fully paid by the person or entity seeking such access and causing such cost;

(5)

Establish a public policy for enabling the consolidated city to discharge its public trust consistent with the rapidly evolving federal and state regulatory policies, industry competition and technological development;

(6)

Promote the utilization of the public rights-of-way for the public health, safety and welfare and to promote economic development in the consolidated city;

(7)

Promote the availability of a wide range of utility, communication and other services, including the rapid deployment of new technologies and innovative services, to the consolidated city's residents and taxpayers; and

(8)

Promote cooperation among the registrants and the consolidated city in the occupation of the public rights-of-way, and work therein, in order to:

a.

Minimize public inconvenience during public right-of-way work;

b.

Lower the registrant's and the consolidated city's costs of providing services to the public; and

c.

Minimize street cuts.

(G.O. 85, 1998, § 1)

(a)

The following terms and phrases when used throughout this Article I of Chapter 645 shall have the meanings ascribed to them in this section.

Article means this article of this Code.

Director of the department of public works means such director and any person to whom such director specifically delegates the powers under this Chapter 645.

Effective date means the date upon which this article is considered adopted pursuant to IC 36-3-4-14.

Entity means a corporation, partnership, limited liability company, association, firm, other entity, and any governmental agency, authority, board, agency and department.

Facilities mean, including, without limitation, any pipes, conduits, wires, cables, amplifiers, transformers, fiber optic lines, antennae, poles, ducts, conductors, lines, mains, vaults, appliances, attachments, equipment, structures, manholes, and other like equipment, fixtures and appurtenances used in connection with transmitting, receiving, distributing, offering, and providing utility services, cable television, communications, signaling, electricity, water, steam and other services or functions.

General management costs means the management costs for:

a.

Registration and permit administration;

b.

Management of the public rights-of-way, including costs associated with the implementation and administration of the ordinances and policies of the consolidated city;

c.

Project management, including personnel costs and consulting expenses associated with coordinating utility and public right-of-way projects, design, inspection, testing, construction management, planning, and engineering, as well as restoration or remedial work required for inadequate work of an occupant to the extent that such inadequate work cannot be identified to a specific occupant or the occupant to which such inadequate work can be identified is insolvent;

d.

Public right-of-way engineering;

e.

Land acquisition for public right-of-way, including but not limited to appraising, title work, negotiating, costs of litigation, mediation and settlement, consultants, witnesses and attorneys fees;

f.

Mapping the public rights-of-way and coordinating mapping of all occupants of the public rights-of-way, including the costs of layout, materials and supplies, in order to verify occupation of the public rights-of-way;

g.

Geographic information system costs incurred after the effective date with respect to facilities installed in the public right-of-way, including the costs of automated mapping, computer and technical services, input of data, coordination and maintenance of the base map, personnel, software and equipment;

h.

Administrative overhead, including allocation of administration, personnel, fiscal and information systems costs;

i.

Application development and data conversion and maintenance, including necessary software development to provide for the integration of utility data into the geographic information system for viewing, querying and report generation;

j.

Legal services to develop, interpret, implement, enforce and defend the ordinances, policies and procedures of the consolidated city regarding the public rights-of-way; and

k.

Maintenance of a roadway inventory system, including maintenance of a pavement management system and inventory of roadway surface condition ratings to determine maintenance needs and schedules.

Greenway means a linear open space which is intended for the use of pedestrians and non-motorized devices, and which facilitates transportation to neighborhoods and other community destinations.

Management costs means "general management costs" and "specific management costs" that are direct, actual and reasonably incurred costs of the consolidated city in managing the public rights-of-way.

Municipally owned utility facilities means any facilities owned by the consolidated city, or any division, department, bureau or agency thereof, including the utilities department and the department of public works, and for which a user fee or charge is made or collected by or on behalf of such owner.

Occupant means any person or entity who owns any facilities occupying the public rights-of-way. If the owner of any facilities leases or licenses such facilities exclusively to another person or entity and if the lease or license so provides and a copy of such lease or license is filed with the department of public works, then the lessee or licensee thereof shall be deemed the "occupant" of such facilities for purposes of this article.

Occupy (and the various forms of such word, such as occupying, occupied, etc.) means to install, construct, maintain, operate or own any facilities in the public rights-of-way.

Person means an individual or natural person.

Public easement means any easement owned or controlled by the consolidated city and established, acquired, dedicated or devoted to public utility purposes, including the area above and below such easements.

Public right-of-way means any travelled way and/or any public easement.

Public utility shall have the meaning ascribed thereto in IC 8-1-2-1(a).

Registrant means any entity or person who is required by this chapter to file with the board of public works a registration statement.

Regulation is defined in section 102-15 of the Code and, as used in this article, includes any regulation adopted by the board of public works pursuant to section 645-131, chapter 141 of the Code.

Specific management costs means the management costs for:

a.

Construction, maintenance, repair and restoration of the public rights-of-way to the extent not included as a general management cost above, including, without limitation, the inspection of job sites and restoration projects as well as restoring work inadequately performed after providing notice and an opportunity to correct the work; and

b.

Implementation and administration of this chapter and any ordinance that ensures that an occupant adequately restores the public right-of-way to the public right-of-way's original condition and remaining life.

Thoroughfare means that portion of any public right-of-way that is included in the Marion County Thoroughfare Plan.

Traveled way means any highway, street, alley, sidewalk or other public right-of-way for motor vehicle or pedestrian travel under the jurisdiction or control of the consolidated city, including any areas within any public right-of-way that may be unpaved and the unoccupied area above and below such rights-of-way.

Utilities department means the department of public utilities of the consolidated city created under IC 8-1-11.1-1. For purposes of this article, the utilities department is also a public utility.

(b)

The terms public easement, public rights-of-way, travelled way and thoroughfare do not include:

(1)

Any land or interest in land designated as a "greenway" in the Indianapolis Greenways Master Plan; or

(2)

The airwaves above same as those airwaves are used for cellular or other nonwire telecommunications or broadcast services.

(c)

Subsection (b) above notwithstanding, to conserve the limited physical capacity of greenways held in public trust by the consolidated city, to promote the utilization of greenways for the public health, safety and welfare of residents and visitors to the consolidated city, and to promote economic development in the consolidated city, the following provisions of this chapter 645 generally governing public rights-of-way, public easements and public places shall apply to greenways:

(1)

Article III, sections 645-324 and 645-325, regarding permits for cutting, drilling, digging, or excavating in, on, over or under a greenway.

(2)

Article IV, division 3, sections 645-431 through 645-443, regarding permits for excavations or cutting pavement or any other portion of any improved greenway to make access or utility connections.

(3)

Article V, division 1, sections 645-511 through 645-528, regarding use and occupancy for private purposes.

(4)

Article V, division 3, sections 645-571 through 645-584, regarding the licensing of encroachments.

(G.O. 85, 1998, § 1; G.O. 15, 2001, § 91; G.O. 3, 2002, § 20; G.O. 63, 2009, § 65; G.O. 16, 2022, § 46; G.O. 35, 2023, §§ 1—3)

This chapter applies only to the Consolidated City of Indianapolis and Marion County, Indiana, and not to any of the municipalities that are not a part of the consolidated city pursuant to IC 36-3-1-7 (the "excluded cities"), unless any of such excluded cities shall enter into an interlocal cooperation agreement under IC 36-1-7-1 et seq. with the consolidated city to permit the consolidated city to administer the terms and provisions set forth in this chapter within the jurisdiction of such excluded city. Notwithstanding the preceding sentence, this article shall apply to all thoroughfares located within the excluded cities.

(G.O. 85, 1998, § 1)

It shall be unlawful for any occupant to occupy any public right-of-way unless such occupant's facilities are registered with the consolidated city by filing a registration statement if required by Division 2. Notwithstanding the foregoing, the requirements of this section 645-114 shall not apply to persons or entities whose only facilities in the public rights-of-way are those necessary to extend a connection to or from municipally owned utility facilities or facilities of a public utility or a franchisee of the consolidated city, as the case may be, located in the public rights-of-way to or from property owned or used by such person or entity.

(G.O. 85, 1998, § 1)

(a)

Except for those facilities exempted by subsection (b) of this section, each occupant shall file a registration statement described in section 645-122 of this Code.

(b)

The registration requirements of this chapter shall not apply to the following:

(1)

Newsracks and newsstands, to the extent regulated by Article VIII of this chapter;

(2)

Temporary signs, to the extent regulated by the city under section 536-284 or Part 19 of Appendix D of the Code;

(3)

Public pay telephones, to the extent regulated by the city under chapter 936 of this Code;

(4)

Carts, to the extent regulated by the city under chapter 961 of this Code; and

(5)

Facilities of a commercial mobile service provider as defined in 47 USC § 332(d)(1) to the extent, and only to the extent, that such facilities are located on sites within public rights-of-way that are specifically leased or licensed, exclusively or nonexclusively, to such provider by the city.

(c)

Any entity or person having facilities referenced in subsection (b) of this section as well as other facilities within the public rights-of-way shall not be exempt from the registration requirements of this chapter with respect to such other facilities.

(G.O. 85, 1998, § 1; G.O. 98, 1999, § 3; G.O. 25, 2010, § 10)

Editor's note— G.O. 25, § 42, passed June 7, 2010, shall be in effect from and after (a) its passage by the Council and compliance with IC § 36-3-4-14 or (b) August 1, 2010, whichever last occurs.

The registration statement required under section 645-121 shall be filed with the department of public works and shall be in the form adopted by the board of public works by regulation, which shall include the following:

(1)

The identity and legal status of the registrant, including any affiliates who own or operate any facilities in the public rights-of-way.

(2)

The name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement.

(3)

A general description of services that the registrant provides or intends to offer or provide to entities or persons within the consolidated city through the utilization of facilities in the public rights-of-way.

(4)

A statement of the authority pursuant to which the registrant occupies the public rights-of-way.

(5)

A statement of the method of calculation and amount, if any, of any fee to which the registrant is subject under any franchise agreement between such registrant and the consolidated city and/or under any lease or rental agreement between the registrant and the consolidated city.

(6)

Such other information as the board of public works may reasonably require.

(G.O. 85, 1998, § 1; G.O. 15, 2001, § 92)

The registration statement of each entity or person having any facility within the public rights-of-way as of the date this article and Article II of this chapter are adopted by the consolidated city shall contain a general description of such registrant's facilities in the format set forth in regulations of the board of public works, and shall be updated by registrant as required by those regulations.

(G.O. 85, 1998, § 1; G.O. 15, 2001, § 92)

A registration made pursuant to this chapter shall be effective so long as fees due under this chapter shall be paid or until revoked by the consolidated city or canceled by the registrant pursuant to section 645-128.

(G.O. 85, 1998, § 1)

Registrations are not transferable without the prior written approval of the director of the department of public works, which approval shall not be unreasonably withheld, delayed or denied. Approval of such director shall not be required in the event that a registrant notifies such director in writing that it intends to make an assignment of the registration to:

(1)

Another registrant;

(2)

A subsidiary, affiliate or parent company of the registrant;

(3)

Any entity or person which the registrant controls, is controlled by, or is under common control with; or

(4)

Any partnership in which the registrant has a majority interest; and

such assignee delivers to the consolidated city an agreement whereby such assignee shall unconditionally and irrevocably assume all obligations and liabilities of its assignor under this article arising prior to the effective date of such transfer.

(G.O. 85, 1998, § 1; G.O. 15, 2001, § 93)

(a)

Every occupant occupying any facility within the public rights-of-way as of the effective date, which is required to be registered under section 645-121, shall file an initial registration statement for the initial year not later than January 1, 1999. No occupant, who proposes to occupy any facilities within the public rights-of-way for the first time after the effective date, shall occupy any facilities in the public rights-of-way without first complying with the registration, permitting and other requirements of this chapter, as applicable.

(b)

In the event an occupant first occupies within any public right-of-way any facilities after January 1, 1999, then such occupant shall, within thirty (30) days after commencing occupancy of such facilities, file with the director of the department of public works an initial registration statement pursuant to section 645-123.

(G.O. 85, 1998, § 1; G.O. 15, 2001, § 93)

The director of the department of public works shall reject any registration statement filed by any entity or person who does not possess proper authorization to occupy the public rights-of-way with facilities by giving written notice of such rejection to such entity or person. If such director shall determine that a registration statement should be rejected because of either condition set forth in the preceding sentence, then such director shall notify such entity or person of such rejection within thirty (30) days after the registration statement is filed. If, on the effective date, any facilities of an entity or person are located in the public rights-of-way under claim of right or contract, such facilities' occupancy of the public rights-of-way shall be deemed to be properly registered under this Chapter 645 upon the timely filing of a registration statement, and payment of the registration fee (unless exempt therefrom by section 645-133) and the expiration of the foregoing thirty-day period, until such time as such person or entity is actually notified of such director's rejection of such registration statement. With respect to any facilities not located within the public rights-of-way as of the date of the passage of this Chapter 645, any failure of such director to reject a registration statement within the time period set forth above shall not be construed to constitute authorization by the consolidated city in favor of such facilities or occupant to occupy the public rights-of-way.

(G.O. 85, 1998, § 1; G.O. 15, 2001, § 93)

(a)

The consolidated city may revoke, in accordance with the procedures set forth in this article, any registration in the event any registrant violates any material provision of this article.

(b)

The director of the department of public works shall give a registrant sixty (60) days prior written notice of an intent to revoke the registrant's registration statement. Such notice shall state the reasons for such action. If the registrant does not cure such violation, such director may revoke the registration statement.

(c)

A registrant may cancel a registration statement at any time by giving written notice thereof to such director. The registration statement shall be deemed terminated effective upon acceptance thereof by such director after such director shall have determined that the registrant shall have ceased occupying the public right-of-way. All fees and other obligations of the registrant which accrued before the effective date of the cancellation shall remain the responsibility of the registrant.

(d)

Subject to section 645-156 in the event of abandonment of facilities, unless otherwise permitted by such director, if a registration is revoked or canceled, all facilities located in the public rights-of-way or located on public property which are not occupied by at least one (1) other registrant shall be removed at the sole expense of the registrant.

(G.O. 85, 1998, § 1; G.O. 15, 2001, § 93)

Any action or decision of the director of the department of public works:

(1)

To accept or reject all or part of a registration statement pursuant to section 645-127;

(2)

To transfer or not to transfer a registration statement pursuant to section 645-125;

(3)

To revoke or not to revoke a registration statement pursuant to section 645-128; or

(4)

To accept or not accept the cancellation of a registration statement pursuant to section 645-128;

may be appealed by any interested entity or person to the board of public works by filing, with the director of the department of public works, a written request for a hearing, including a statement of such entity's or person's interest in the action and such entity's or person's objections to such action. Such request must be filed with such director not later than ten (10) days after notice of such action is given. The appeal hearing shall be scheduled before such board to occur not later than thirty (30) days after such request is filed. Notice shall be given to the entity or person making such request identifying the time, place, and date of the appeal hearing at least ten (10) days prior to the scheduled date of the appeal hearing. At the appeal hearing, such board may hear any evidence it deems relevant. After the appeal hearing, such board may confirm, reverse, or modify the action or decision made by such director and make any other order as it deems necessary or prudent. The order of such board shall be a final administrative decision, subject to further appeal or review as provided by law. Such board shall issue its findings of fact and order not later than twenty-one (21) days after the appeal hearing. Said findings of fact and order shall be in writing and shall be delivered to the entity or person making the request or the appeal.

(G.O. 85, 1998, § 1; G.O. 15, 2001, § 93)

The department of public works shall be responsible for enforcing compliance with this Chapter 645 and any regulations promulgated by the board of public works under this Chapter 645. Such board may adopt such regulations as are necessary to enforce and interpret this chapter.

(G.O. 85, 1998, § 1; G.O. 15, 2001, § 94)

(a)

In addition to the other requirements set forth herein and in the regulations each registrant shall:

(1)

Cooperate with other registrants and the consolidated city for the best, most efficient, most aesthetic and least obtrusive use of the public rights-of-way, consistent with safety, and to minimize traffic and other disruptions including street cuts;

(2)

Participate in such joint planning, construction and advance notification of public right-of-way work, including coordination and consolidation of street cut work, excepting such work performed in an emergency or other exigent circumstance as may be more specifically set forth in regulations promulgated pursuant to this chapter;

(3)

Cooperate with the consolidated city and the other registrants with respect to the location of facilities in order to achieve the best co-location of facilities;

(4)

Submit existing data, in the form maintained by the registrant, on the location of the registrant's facilities in the public rights-of-way;

(5)

Submit for public right-of-way projects commenced on or after the effective date, and at such time as the regulations require, project data reasonably necessary to allow the consolidated city to develop a public right-of-way mapping system, such as a geographical information mapping system, in the form required by the regulations;

(6)

Perform all work, construction, maintenance or removal of facilities within the public rights-of-way, including tree trimming, in accordance with good engineering and construction practices, including any appropriate safety codes, and in accordance with the Code, and restore the public rights-of-way in accordance with the Code and in a manner which minimizes any inconvenience to the public, the consolidated city and other registrants;

(7)

Register with the appropriate underground reporting service(s) as specified in the regulations;

(8)

Cooperate with the consolidated city in any emergencies involving the public rights-of-way in such manner as the regulations shall require including the maintenance of a twenty-four-hour emergency contact;

(9)

Field identify, no earlier than December 31, 1998, all structures and facilities in the rights-of-way in accordance with the regulations;

(10)

Designate a single point of contact for all purposes hereunder, as well as comply with such other contact and notice protocols as the regulations require; and

(11)

Warrant that neither registrant nor any of its subcontractors shall discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of race, sex, religion, color, national origin, ancestry, age, handicap, disabled veteran status, and Vietnam era veteran status.

(b)

Each registrant shall assure that any subcontractor or other person performing any work or service in the public right-of-way on behalf of said registrant will comply with all applicable provisions of this chapter and will identify the registrant for whom such contractor is working. Said registrant shall be responsible and liable hereunder for all actions of any such subcontractor or others as if said registrant had performed or failed to perform any such obligation.

(G.O. 85, 1998, § 1)

In order to promote the purposes of this chapter and the policy set forth in this chapter, and to facilitate compliance with the registrant obligations contained in section 645-152, the board of public works shall adopt regulations requiring and governing joint planning and construction for all registrants, excepting such work performed in an emergency or under other exigent circumstance.

(G.O. 85, 1998, § 1; G.O. 15, 2001, § 95)

(a)

Each registrant shall indemnify, protect and hold harmless the consolidated city from any claim, loss or damage arising in any way from registrant's occupation of the public right-of-way.

(b)

Each registrant shall either:

(1)

Keep in force a policy or policies of liability insurance, having such terms and in such amounts as are set forth in the regulations, covering such registrant's facilities and operations in the public right-of-way, and naming the consolidated city as an additional insured on such policy; or

(2)

Meet the reasonable requirements for self-insurance as set forth in the regulations.

(c)

No information, including trade secrets as defined in IC 24-2-3-1 et seq., confidential financial information, records, data or documents, filed or disclosed by a registrant may be disclosed to the public except in accordance with the provisions of IC 5-14-3-1 et seq. If a registrant believes certain information to be confidential, the registrant must clearly identify the information as such prior to its submittal. If release of information so identified is requested under IC 5-14-3-1 et seq. or other applicable law, the consolidated city may release such information seven (7) days after written notice to the registrant unless the registrant agrees to defend and indemnify the consolidated city for its refusal to comply with such request.

(G.O. 85, 1998, § 1)

(a)

Nothing in this article shall be construed to prevent the consolidated city from constructing, maintaining, repairing or relocating any of its facilities; or grading, paving, maintaining, relocating or repairing any sidewalk or other public work or improvement. To the extent that such work requires temporary or permanent relocation or rearrangement of any facilities of any registrant, such relocation or rearrangement of facilities shall be accomplished at no cost to the consolidated city, and in such manner as set forth in the regulations. Except in emergencies, the consolidated city shall give a registrant at least ninety (90) days notice of a required relocation or rearrangement of its facilities.

(b)

In the event it is necessary to move or remove temporarily any of the registrant's aerial facilities in order to lawfully move a large object, vehicle, building or other structure over the streets of the consolidated city, upon a minimum of fourteen (14) days written notice by the director of the department of public works to the registrant, the registrant shall, at the expense of the person or entity requesting the temporary removal of such facilities, comply with such director's request. Requests for temporary movement of aerial facilities made by the consolidated city shall be complied with at no cost to the consolidated city.

(c)

Any registrant that intends to discontinue use and abandon in place any facilities within the public rights-of-way shall submit a notice to the director of the department of public works describing the portion of the facilities to be abandoned and the date of discontinuance of use, which date shall not be less than thirty (30) days from the date such notice is submitted to such director. The registrant may not remove, destroy or permanently disable any such facilities during said thirty-day period without the written approval of such director. The registrant shall remove and secure such facilities as set forth in the notice, as the same may be modified by such director unless the registrant requests and such director approves a plan to abandon such facilities in place.

(d)

Upon such abandonment and acceptance by the consolidated city in writing, full title and ownership of such abandoned facilities shall pass to the consolidated city without the need to pay compensation to the registrant. The registrant shall, however, continue to be responsible for all taxes on such facilities or other liabilities associated therewith, until the date the same was accepted by the consolidated city.

(e)

Should any registrant fail, after notice, to remove or rearrange facilities at the request of the director of the department of public works as specified in section 645-152(a)(2) or this section, the consolidated city may, at its option and in addition to the imposition of any penalties or other remedies hereunder, undertake or cause to be undertaken, such necessary removal or rearrangement. The consolidated city shall have no liability for any damage caused by such removal or rearrangement and the registrant shall be liable to the consolidated city for all reasonable costs incurred by the consolidated city in such removal or rearrangement.

(G.O. 85, 1998, § 1; G.O. 15, 2001, § 96)

(a)

Nothing in this article shall be construed to prohibit or have the effect of prohibiting the ability of any person or entity to provide any telecommunications service.

(b)

As required by law, the consolidated city shall manage the public rights-of-way with respect to telecommunications providers on a competitively neutral and nondiscriminatory basis.

(G.O. 85, 1998, § 1)

(a)

Upon the foreclosure or other judicial sale of any registrant's facilities located within the public rights-of-way, the registrant shall notify the director of the department of public works of such fact and its registration statement shall be deemed void and of no further force or effect.

(b)

The consolidated city shall have the right to revoke, pursuant to the provisions of section 645-128 any registration statement, subject to any applicable provisions of law, one hundred-twenty (120) days after the appointment of a receiver or trustee to take over and conduct the business of the registrant, whether in receivership, reorganization bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of the one hundred twenty-day period, or unless, within one hundred twenty (120) days after election or appointment, such receiver or trustee shall have fully complied with all of the provisions of this article and remedied any violations hereof.

(G.O. 85, 1998, § 1; G.O. 15, 2001, § 97)

Except as provided in section 645-212, no person or entity shall indefinitely or permanently occupy a public right-of-way, or use facilities within the public rights-of-way owned by others under lease or other arrangement with such owner, without first obtaining a public right-of-way user franchise granted by the consolidated city as provided in this Article II of this chapter. A person or entity shall be deemed to "indefinitely and permanently" occupy a public right-of-way if such person or entity leases or otherwise arranges to use facilities in the public rights-of-way for a term of one (1) year or more.

(G.O. 85, 1998, § 1)

No public right-of-way user franchise shall be required of the following:

(1)

Any public utility (as described in IC 8-1-2-1(a)) or department of public utilities under IC 8-1-11.1-1;

(2)

The State of Indiana, including any division, bureau, department, or agency thereof;

(3)

The Consolidated City of Indianapolis and Marion County, and any division, department, bureau, or agency thereof; and

(4)

Any person or entity with authorization from the consolidated city to occupy or use the public rights-of-way under any of the following provisions of this Code:

a.

Chapter 866—District Cooling System Franchises; or

b.

Chapter 936—Pay Telephones.

(G.O. 85, 1998, § 1; G.O. 25, 2010, § 11; G.O. 48, 2010, § 3)

Editor's note— G.O. 25, § 42, passed June 7, 2010, shall be in effect from and after (a) its passage by the Council and compliance with IC § 36-3-4-14 or (b) August 1, 2010, whichever last occurs.

The city-county council is hereby authorized to grant one (1) or more nonexclusive franchising contracts conveying the right to construct, operate, and maintain privately owned facilities occupying the public rights-of-way.

(G.O. 85, 1998, § 1)

Unless exempt under section 645-212, any person or entity interested in obtaining a public rights-of-way user franchise shall file an application with the department of public works. An application shall contain, at a minimum, the following information:

(1)

Name, address, and telephone number of the person or entity applying for a franchise (applicant) and identification of the applicant's ownership and control, including the names and address of all persons or entities with twenty (20) percent or more ownership interest in applicant.

(2)

A description of the physical facilities applicant proposes to place in the public rights-of-way, including their location, a proposed construction schedule, the services applicant proposes to provide using such facilities, and information, including cost estimates, concerning any rearrangement or relocation of existing facilities.

(3)

A demonstration of applicant's legal, financial, and technical ability to construct and maintain the facilities to be located in the public rights-of-way.

(4)

Information that the department of public works may request of applicant that is relevant to such department's consideration of the application.

(5)

An agreement by applicant to reimburse the consolidated city its reasonable out-of-pocket expenses in considering the application.

(6)

An affidavit or declaration of applicant or an authorized officer certifying the truth and accuracy of the information in the application, acknowledging the enforceability of application commitments, and certifying the application meets all federal and state law requirements.

(7)

An application fee of ten thousand dollars ($10,000.00).

(G.O. 85, 1998, § 1; G.O. 15, 2001, § 98)

(a)

Upon receipt of an application under section 645-222, the department of public works shall review the application for franchise and prepare a recommendation as to whether applicant should be granted a franchise.

(b)

In preparing its recommendation such department may conduct such investigations as it deems appropriate.

(c)

Such department's recommendation, including the reasons therefor, shall be in writing and filed with the clerk of the council within sixty (60) days of the date such department receives the application.

(d)

Such department shall provide a copy of its recommendation to the applicant.

(G.O. 85, 1998, § 1; G.O. 15, 2001, § 98)

(a)

The clerk shall refer the recommendation of the department of public works to the council committee assigned to review such franchise applications. Within forty-five (45) days of receipt of such department's recommendation, the council committee shall hold a public hearing to take evidence and hear argument on whether to grant a franchise to applicant, either in the form proposed in the application or otherwise, and, if so, the nature and extent thereof. The council committee shall base its determination on the criteria listed in section 645-225. The clerk shall give notice of such hearing in accordance with IC 5-3-1.

(b)

At the time set for such hearing, or an adjournment thereof, the council committee shall hear all written protests and other submissions and arguments and evidence from any interested persons or entities in addition to applicant. A record shall be kept of such hearing and the evidence presented therein.

(c)

The council or its committee may propound regulations to govern the conduct of such hearings so as to allow for the orderly and efficient presentation of evidence and argument, and to prevent unnecessary duplication or delay.

(G.O. 85, 1998, § 1; G.O. 15, 2001, § 98)

(a)

In making any determination hereunder, the council committee shall base its decision on the following factors:

(1)

Whether the issuance of a franchise is warranted in the public interest considering both the immediate and future effect on the public rights-of-way, including the extent to which installation or maintenance as planned would require relocation or replacement of property or involve disruption of property, public services, or use of the public rights-of-way.

(2)

The effect on existing franchisees to perform their obligations under their franchise contracts.

(3)

The applicant's demonstrated legal, financial and technical ability to construct and maintain the facilities to be located in the public rights-of-way and to provide services using such facilities.

(4)

The applicant's prior experience in constructing and maintaining facilities in the public rights-of-way and in providing similar services in other communities.

(5)

The applicant's demonstrated willingness and ability to meet construction and physical requirements and to abide by policies and limitations imposed by law or franchise agreements.

(6)

Any other considerations deemed pertinent by the department of public works to its task of safeguarding the public health, safety, and welfare, and facilitating and encouraging the orderly and responsible use of the public rights-of-way.

(b)

The council committee shall make its determination based on the record and with a written statement of its findings and conclusions, and the reasons thereof.

(G.O. 85, 1998, § 1; G.O. 15, 2001, § 98)

(a)

If the council committee shall determine after the hearing that any application should be denied, such determination shall be final, subject to the appeal provisions of section 645-227.

(b)

If the council committee shall determine after the hearing that a franchise should be granted to the applicant, it shall direct its general counsel or his designee to negotiate a proposed form of franchise contract for the committee's review and approval.

(c)

The applicant shall pay the consolidated city a sum of money sufficient to reimburse all of the consolidated city's publication and other expenses (including, but not limited to, consultant and legal expenses) incurred in connection with the granting of a franchise pursuant to the terms of this article.

(d)

No provision of this article shall be construed to require the consolidated city to grant any franchise contract, and the council may reject any and all applications.

(G.O. 85, 1998, § 1)

Any person or entity whose application is rejected by the committee may, within ten (10) days of such action, petition the council for a review of that decision by filing notice thereof with the clerk of the council. If the council determines that the rejection is improper under this division, it may by resolution direct its committee to reconsider its action. In making its determination hereunder the council shall consider as evidence, and give due weight to, the findings and conclusions of its committee and shall consider the criteria contained in section 645-225.

(G.O. 85, 1998, § 1)

(a)

Within thirty (30) days of the council committee's recommendation of a franchise and contract, the council shall introduce an ordinance approving and confirming the contract as accepted by its committee. The council shall act upon the ordinance within sixty (60) days of its introduction, except that such time may be extended by the council for good cause. The council may:

(1)

Adopt the ordinance, subject to the veto of the mayor, in which case the director of the department of public works and the mayor will be directed to execute the franchise contract; or

(2)

Defeat the ordinance, in which case the application shall be denied; or

(3)

By resolution direct its committee to consider certain modifications or amendments for the franchise contract, in which case its committee shall reconsider the application.

(b)

In making its determination hereunder, or under section 645-227, the council shall review the record of proceedings before its committee, and it may, in its discretion, consider new evidence. In making its determination hereunder, the council shall consider as evidence, and give due weight to, the findings and conclusions of its committee, and shall consider the criteria contained in section 645-225. Under no circumstances shall the council by ordinance approve or confirm any franchise contract unless the precise language has been accepted by its committee prior to the council's action.

(G.O. 85, 1998, § 1; G.O. 15, 2001, § 99)

A public rights-of-way user franchise agreement shall be negotiated to contain, at a minimum, the following terms and conditions:

(1)

The duration of the franchise;

(2)

The method and means for renewal;

(3)

The terms of termination of the franchise, including:

a.

Criteria under which the city-county council may terminate the franchise prior to the end of the franchise term; and

b.

Rights and obligations of both parties with regard to abandonment of the franchise prior to the end of the franchise term;

(4)

The rights and obligations of both parties upon the desire of the franchise holder or its successor to sell or transfer the franchise to another person or entity;

(5)

The specific geographic area covered by the franchise;

(6)

The terms and conditions under which the area covered by the franchise may be extended;

(7)

The schedule of rates and charges for services provided using the facilities occupying the public rights-of-way;

(8)

A description of any services or facilities proposed for consolidated city's use;

(9)

The method and means of valuation of such facilities upon sale, right of first refusal, on refusal to renew or other termination;

(10)

The methods and means, standards, and requirements for construction within the public rights-of-way;

(11)

The rights and obligations of the parties upon the determination of a need to relocate the franchise holder's facilities in the public rights-of-way;

(12)

The risk allocation between the consolidated city and the franchise holder, including rights to indemnification; and

(13)

The franchise fee, both the amount and the method of payment.

(G.O. 85, 1998, § 1)

All work of making any cuts in pavements or curbs and excavations in streets or public ways, and for any private connection, repair, extension or replacement, and any accessory thereto, whether it is done by the owner himself under a private contract or is ordered and done under a general contract executed by the board of public works with any person, shall be done under a permit from and subject to the supervision and approval of the director of public works and acceptance by the board of public works.

(Code 1975, § 28-133; G.O. 15, 2001, § 102)

(a)

It shall be unlawful for any abutting owner to alter, remove or cut any grassplot, sidewalk, the pavement of the street or the curb adjacent thereto, or to excavate in a street, for the purpose of locating or constructing any private or commercial driveway or roadway for vehicles to cross over such grassplot or sidewalk and to afford access to his or her premises, without first obtaining a permit therefor from the division of construction and business services of the department of business and neighborhood services.

(b)

A violation of this section is subject to the enforcement procedures and penalties provided in section 103-3 of this Code; provided, however, the fine imposed for such violation shall not be less than one hundred dollars ($100.00), and each day that an offense continues shall constitute a separate violation. The controller shall cause any fines collected under this section to be deposited into an account for the use and benefit of the division of construction and business services.

(Code 1975, § 28-139; G.O. 168, 1999, § 19; G.O. 15, 2001, § 103; G.O. 3, 2002, § 23; G.O. 63, 2009, § 68; G.O. 41, 2016, § 2)

A temporary driveway for use in connection with the removal or construction of buildings and excavations, or other work thereon, shall be permitted at any place in such manner and for such length of time as may be authorized by the division of construction and business services of the department of business and neighborhood services.

(Code 1975, § 28-140; G.O. 15, 2001, § 103; G.O. 3, 2002, § 23; G.O. 63, 2009, § 68; G.O. 41, 2016, § 2)

Work subject to this division shall be governed in all applicable respects by and under the same procedure and conditions in this article and chapter which apply to sidewalks and to excavations.

(Code 1975, § 28-141)

Unless otherwise ordered by the board of public works, all costs for constructing or any other work done on any driveway subject to this division shall be paid directly by the person owning or controlling the premises so served by it.

(Code 1975, § 28-142; G.O. 15, 2001, § 104)

No driveway subject to this division shall be so constructed as to cause any hazard at any time to persons using the sidewalk crossing over it, or to prevent free and unobstructed passage over or across the sidewalk, or to interfere with the proper drainage and grade of the street.

(Code 1975, § 28-143)

A driveway subject to this division shall be maintained at all times by the person to whom the permit required by this division was issued, or his successor in title thereto, in a well-paved and proper and reasonably safe state of repair.

(Code 1975, § 28-144)

(a)

A permit granted pursuant to this division for the cutting of a curb, grassplot or sidewalk adjacent to any street for the purpose of locating or constructing any private or commercial driveway or roadway for vehicles to cross over any grassplot or sidewalk or to afford access to adjacent premises shall automatically terminate upon a change in the business usage of the premises, regardless of how slight or minor the change may be. Also, upon the application of any person for a building permit upon any portion of adjacent premises to which access is allowed by virtue of the permit issued pursuant to this division for a curb cut, such permit shall automatically terminate at the time of application for the building permit.

(b)

The change of business usage or upon the application for a building permit, and the subsequent termination of a curb cut permit, as provided in subsection (a) shall subject the person owning or using the adjacent premises to the penalties for violation of this division just as though no permit had been issued for the curb, grassplot or sidewalk cut.

(c)

In the event the person owning or using such premises at the time of the change in business usage or at the time of the application for a building permit, or the new owner or lessee, if any, shall immediately petition the division of construction and business services of the department of business and neighborhood services for approval to retain the permit issued pursuant to this division, and the person complies with the decision or orders of the division of construction and business services regarding modification, change, alteration or elimination of the existing curb, grassplot or sidewalk cut, such person shall not be in violation of this division.

(Code 1975, § 28-145; G.O. 15, 2001, § 105; G.O. 3, 2002, § 24; G.O. 63, 2009, § 69; G.O. 41, 2016, § 2)

(a)

When any private or commercial driveway or roadway has been abandoned or is no longer used for a driveway or roadway, the division of construction and business services of the department of business and neighborhood services may order any owner or owners of real estate abutting such driveway or such roadway to restore, construct or reconstruct any grassplot or sidewalk, or the pavement of the street or the curb adjacent thereto, which has been altered, removed or cut for the purpose of locating or constructing the private or commercial driveway or the roadway to at least as good condition as the grassplots, sidewalks, street pavements and curbs adjoining such driveway or the roadway. The division of construction and business services shall mail a written notice of the order to the owner or owners at their last and usual places of residence that are known to the board or, if no such places of residence are known, to the address of the real estate abutting the driveway or the roadway. Within sixty (60) days after the mailing of such notice or within such longer time as may be stated in the notice, the owner shall complete all work required by the order in accordance with the provisions of this section, and failure to do so shall constitute a violation of this division.

(b)

Should the restoration, construction or reconstruction ordered pursuant to subsection (a) not be completed within the time required, the division of construction and business services may request such restoration, construction or reconstruction to be done by the department of public works or by contract, and the entire cost thereof, together with such additional charge as may be made by the division of construction and business services, in an amount provided in section 131-501 of the Code, may be collected by action therefor against the owner or owners; or the board, in lieu of and in addition thereto, may file and certify the cost and charges to the controller, who shall file a statement thereof with the county treasurer, who shall place such charges upon the tax duplicate, whereupon it shall constitute a lien upon the real estate and be charged and statements rendered therefor and be collected the same as taxes. No notice of any such charge so assessed shall be required, but each such person so liable shall be chargeable with notice thereof, as shown by the public tax and other records.

(Code 1975, § 28-146; G.O. 15, 2001, § 105; G.O. 3, 2002, § 24; G.O. 63, 2009, § 69; G.O. 41, 2016, § 2)

If any driveway subject to this division is constructed, reconstructed, maintained or used contrary to any provision of this division, this Code or other city ordinance, or if it is not kept in good repair by any person chargeable with such duty, it shall constitute a violation of this Code.

(Code 1975, § 28-147)

(a)

Before any person, pursuant to a private contract therefor and for the benefit and use of his or her abutting real estate, shall make any cuts into the pavement or in any other portion of any improved street, sidewalk, curb or public place to excavate therein or to excavate in and beneath the surface of any unimproved street for the construction, reconstruction, alteration or repair of any driveway, sewer or sidewalk, or for the installation or repair of connections of private sewers, drains or public utility service lines located upon and serving his or her abutting real estate with any public sewer or public utility service lines located in the public way or place pursuant to any provisions of this Code, he or she shall first obtain a permit therefor as provided in this division.

(b)

A violation of this section is subject to the enforcement procedures and penalties provided in section 103-3 of this Code; provided, however, the fine imposed for such violation shall not be less than one hundred dollars ($100.00), and each day that an offense continues shall constitute a separate violation. The controller shall cause any fines collected under this section to be deposited into an account for the use and benefit of the division of construction and business services of the department of business and neighborhood services.

(Code 1975, § 28-163; G.O. 168, 1999, § 20; G.O. 15, 2001, § 106; G.O. 3, 2002, § 25; G.O. 63, 2009, § 70; G.O. 41, 2016, § 2)

Any person desiring a permit required by this division shall cause an application therefor to be filed with the division of construction and business services. The application shall be filed by the owner of such premises, or by his or her legal representative or agent, or by the contractor or other person concerned, or as may be otherwise required by this Code or by any statute.

(Code 1975, § 28-164; G.O. 15, 2001, § 106; G.O. 3, 2002, § 25; G.O. 63, 2009, § 70; G.O. 41, 2016, § 2)

(a)

No permit required by this division shall be issued until the applicant therefor shall first pay to the division of construction and business services the regular permit fee, plus all fees for the various types of work proposed to be done.

(b)

The general fee for a permit required by this division shall be as established by this Code for the type of excavation for which the permit is sought. If such permit fees are not prescribed and fixed as to any type of work to reimburse the city in whole or in part for its expenses, including its inspections of any kind of work requiring cuts in pavements and excavations in streets, or public places, or in any portions thereof, or in effecting connections of abutting property with any public sewer, drain or public utility service lines, or for any other work, the board of code compliance is hereby authorized to adopt at any time a reasonable general schedule covering the various kinds of such work, based upon the prevailing engineering standards entering into work of similar character and the customary amount of such fees and charges in the city. Such charges shall not be less than five dollars ($5.00) for the issuance of each permit, to which may be added for all permits a flat minimum charge of not over ten dollars ($10.00). In addition to such two (2) initial charges or fees totaling fifteen dollars ($15.00) to compensate the city for its general expenses involved, chargeable for all permits for any kind of work to be done thereunder, the board shall determine by the standards in general use and shall adopt a reasonable schedule of charges for constructing or replacing pavements or surfaces of streets or sidewalks, using concrete, asphalt, bituminous treated gravel, dirt or plain gravel, or any other type of surface materials, and based upon the estimated and usual cost thereof per square yard for similar work in the city, in an amount sufficient to cover the cost of all such work that will be required in any instance under each permit. The schedule may be revised from time to time, as conditions and costs may vary and require. At this time, to be so determined and adopted by the board, there may be a minimum charge per square yard for all such work on the roadways or streets of ten dollars ($10.00) for concrete or asphalt; seven dollars and fifty cents ($7.50) for bituminous treated gravel; five dollars ($5.00) for dirt or plain gravel; and fifty cents ($0.50) for concrete sidewalks; but the board may alter or vary such scale of charges as it finds to be fair and reasonable.

(Code 1975, § 28-165; G.O. 15, 2001, § 106; G.O. 63, 2009, § 70; G.O. 41, 2016, § 2)

A permit required by this division may be for the work to be done under one (1) specific contract, or may be issued to a person generally engaged in such work, to whom has been or may be issued a general permit for not exceeding two (2) years, without charge therefor, which shall be covered by one (1) performance and maintenance bond, to be kept effective for all such work done by him or her during such entire period, subject to the right of the division of construction and business services to revoke the general and any special permit at any time, and subject also to the requirements of obtaining separate special permits for each instance of any such work being done by him or her under any private contract and the payment by him or her of the separate permit fees required therefor by this division.

(Code 1975, § 28-166; G.O. 15, 2001, § 106; G.O. 3, 2002, § 26; G.O. 63, 2009, § 70; G.O. 41, 2016, § 2)

A person doing work under any special permit issued pursuant to this division shall also agree to indemnify the city and any party in interest under the contract against all claims, demands, actions, judgments, losses and expenses arising from any injuries to any person or damage to any property resulting from the work or from any conditions created thereby in the street or public place. The permittee shall present a certificate to the division of construction and business services that there is in effect a standard public liability insurance policy by a company authorized to engage in such business in the state, with such limits of payment as the board may require, but not less than fifty thousand dollars ($50,000.00) for injury to one (1) person and not less than one hundred thousand dollars ($100,000.00) for injuries to more than one (1) person and not less than ten thousand dollars ($10,000.00) for damages to property. The insurance policy, an extension thereof or a new policy shall be kept in effect during the entire specific period for which a performance and maintenance bond is in effect and for which a general permit has been granted to any such person; or for the time any work is done and maintained under a single contract and any specific permit and bond therefor.

(Code 1975, § 28-167; G.O. 15, 2001, § 106; G.O. 3, 2002, § 26; G.O. 63, 2009, § 70; G.O. 41, 2016, § 2)

(a)

The owner of premises abutting a public way for which an excavation permit is sought under this division shall not contract for any such work with any person who is not fully qualified therefor and licensed under the provisions of this Code.

(b)

Any contractor, or other person acting for him, doing any work subject to this division under private contract shall possess all the qualifications and shall obtain and have a regular city license to carry on such work on the public streets, if and as required under the provisions of this Code, in addition to having the special permit required by this division.

(c)

Any person doing any such work under a private contract, without having the qualifications, license and permit required by subsection (b) or without full compliance with this Code and with all other relevant provisions of law, shall be guilty of a violation of this Code.

(Code 1975, § 28-168)

A permit issued pursuant to this division shall be kept available at the place of authorized work for inspection, on demand, by any city official; and the holder shall comply at all times with all the provisions of this Code and of any statutes applicable thereto.

(Code 1975, § 28-169)

(a)

Any person doing any kind of work subject to this division under private contract and permit, unless then so qualified and having a general permit and performance bond in effect, shall execute and file with the division of construction and business services, before beginning any such work, a bond for the proper performance and maintenance of such work, with a surety approved by the board, in the penal amount of not less than two thousand five hundred dollars ($2,500.00) for a single street cut or twenty-five thousand dollars ($25,000.00) for unlimited multiple street cuts in any year, for the use and benefit of the city or of any party in interest under such contract.

(b)

The bond required by subsection (a) shall continue to be effective for and applicable to each and all special permits and to any continuing general permit issued therewith to the principal for any such work, under private contract, for a period of two (2) years from the date of the bond, and for such further periods as the bond and any general continuing permit may thereafter be extended by endorsements thereon of the parties thereto and as so approved by the division of construction and business services, which division may require increases in the penalty of the bond and a new or additional surety at any time, or may cancel any permit issued pursuant to this division. The bond shall be subject to all relevant provisions of this Code and of any other ordinances of the city and of all relevant statutes. Such bonds shall be conditioned upon such person obtaining and renewing an annual license from the city to engage in such business, where so required for each year during the two (2) calendar years, or for such other period of years for which the bond and general permit may be extended; it shall further be conditioned upon the permittee's discharge of his or her duties and compliance with all provisions of this Code and of any other city ordinances, rules and regulations at any time in force in relation to the mode, manner or form in which the work shall be done and maintained by him; and it shall further be conditioned that he or she will indemnify and save harmless and free from all loss, damage, expenses, claims, demands and judgments, the city and any party in interest under such contract, arising from any negligence of the person or of those employed by him or her in doing and maintaining the work, or in furnishing and using any materials therefor, or in failing to comply with all requirements of the director of the department of business and neighborhood services, the division of construction and business services, and with all statutes, provisions of this Code or of any later ordinance, relating to or controlling such work.

(c)

The bond provisions and conditions established in subsection (b) shall be a part of every bond required by subsection (a) and shall be binding upon such obligor and all other persons, whether so expressed in or omitted from any such bond.

(d)

The division of construction and business services, in its discretion, may change or add to any bond conditions, or change the form of the bond to make it include and comply with such requirements. The division may authorize or require renewals thereof and a sufficient surety as often as necessary to insure the completion of the work, as approved by the administrator of the division and its proper maintenance for one (1) year, or other period prescribed by the division, after such acceptance. The division may at any time adopt any general rules and regulations or issue any special orders that it deems necessary to control all or any phases of such work and all other matters relating to the proper restoration and maintenance of any street or public place so involved. Any bond previously executed shall be controlled by any such changes in its conditions and form, when the principal and surety are notified thereof by the division and do not object thereto. If an objection in writing is filed with the division, such changes shall not apply to any such bond while it remains in effect.

(e)

As an alternative to the execution of any performance and maintenance bond required by subsection (a), the division of construction and business services may require, in any instance, the deposit with the division of cash or a certified check in such amount as it deems necessary for the estimated cost of doing and maintaining the work properly, to insure the full compliance of such person with all the requirements of the division and of all the conditions similar to those applicable to the bond.

(Code 1975, § 28-170; G.O. 15, 2001, § 107; G.O. 3, 2002, § 27; G.O. 63, 2009, 71; G.O. 41, 2016, § 2)

Unless otherwise required or permitted by the division of construction and business services, all plans and specifications for the work relating to any commercial driveway constructed under private contract, but not relating to any private driveway, shall be prepared and certified by a professional engineer registered by the state; and the general plans and specifications of the board for acceptance of street improvements by the city as prescribed in this article, so far as applicable to any such work, shall also control the work done under any private contract and permit therefor.

(Code 1975, § 28-171; G.O. 15, 2001, § 107; G.O. 3, 2002, § 27; G.O. 63, 2009, 71; G.O. 41, 2016, § 2)

No person shall dig any hole or make any excavation in any street or public place that interferes with drainage when the work has been completed or thereby changes the grade, contour and level of any street or public place in the city below the existing surface or below the level of the grade as it has been lawfully established by the city before or at such time, unless the work and changes have been authorized by the division of construction and business services after consultation with the engineering division of the department of public works.

(Code 1975, § 28-172; G.O. 15, 2001, § 107; G.O. 3, 2002, § 27; G.O. 63, 2009, § 71; G.O. 41, 2016, § 2)

(a)

Any person cutting a pavement, curb, sidewalk or driveway, or digging any hole in or excavating in any street, sidewalk or public place, for any purpose authorized by the city, or acting in an emergency repair or under a public or private contract, shall erect and maintain at all times around any such place, hole or excavation suitable and sufficient barricades for the protection of the public. When such cuts, holes or excavations are made in or across sidewalks or driveways, or at other places used by pedestrians, bridges, platforms or covers shall be erected over them sufficient to serve for the safe passage of the public, in addition to placing and maintaining, where needed, such barricades.

(b)

All places for which protection is required by subsection (a) shall be properly lighted at night, as required by the city for any other work in the streets, under either public or private contract, and by the city safety regulations, which lights shall be maintained from one-half (½) hour after sunset until one-half (½) hour before sunrise during each night, until all such work is fully completed and the conditions of danger are fully removed.

(c)

The guarding and protection of excavations, cuts or holes by any person causing such conditions shall be a continuing duty and shall be subject to the supervision, directions and orders of the division of construction and business services, the police and the firemen.

(d)

The requirements of subsections (a) and (b) shall apply to all other provisions of this Code relating to any similar hazards created by any kind of work being done by or for any department or official of the city or by any person in any street, public place or ground, which is at any time either owned by or under the control of the city, or is situated anywhere within its jurisdiction.

(Code 1975, § 28-173; G.O. 15, 2001, § 107; G.O. 3, 2002, § 27; G.O. 63, 2009, § 71; G.O. 41, 2016, § 2)

(a)

Whenever any portion of a public way is excavated by any person authorized to do so, the person so doing any such work shall also restore such place to its former condition, whenever so required by the city, acting under the directions and orders of the division of construction and business services of the department of business and neighborhood services.

(b)

When so ordered, a permittee under this division shall remove any portion of the pavement or other surface to the extent necessary, and the ground or materials used for relaying the base of the torn-up pavement or surface of the street shall be thoroughly wet rolled and tamped, and otherwise prepared so that the new pavement or surface may be laid and maintained thereon uniformly and in as good condition as it was before being torn up. All such work shall be done according to the city's standard specifications therefor, or according to such added specifications as the division of construction and business services may require.

(c)

When any pavement or surface of any street is cut, torn up, disturbed or excavated in any manner, the person doing so shall restore such pavement or surface as soon as possible, if ordered to do the work, to at least its former condition and in accordance with the provisions of this article and the city's general specifications therefor, and subject to the orders and approval of the division of construction and business services.

(d)

In all cases subject to this section, the city may elect to do all or any part of such work by its own forces or by other persons, and charge the cost therefor to the person to whom an excavation permit was issued pursuant to this division, who shall pay such costs upon demand by the city. The city, by the division of construction and business services of the department of business and neighborhood services, shall notify each such person of its election in respect to the work it proposes to do, or the city may so elect by a general order of the board of public works, applicable to all such instances until its further order thereon.

(Code 1975, § 28-174; G.O. 15, 2001, § 107; G.O. 3, 2002, § 27; G.O. 63, 2009, § 71; G.O. 41, 2016, § 2)

It shall be unlawful for a person to execute a contract to have work subject to this division done by a person who is not so qualified and authorized to engage in such work under all the requirements of this Code, and to fail to ascertain such fact by inquiry at the office of the division of construction and business services. The fine imposed for a violation of this section shall not be less than one thousand dollars ($1,000.00).

(Code 1975, § 28-175; G.O. 168, 1999, § 21; G.O. 15, 2001, § 107; G.O. 3, 2002, § 27; G.O. 63, 2009, § 71; G.O. 41, 2016, § 2)

Whenever any driveway or other construction of any type or character whatsoever has been constructed upon, or partially upon, the public right-of-way of any street or roadway within the jurisdiction of the city in such a manner that the construction interferes with drainage of surface water from land other than that served by the construction, whether public or private, or interferes with traffic upon the public roadway, the department of public works shall have authority to deal with the improper construction in the manner and in accordance with the following procedures:

(1)

Notice to owner and occupant. A notice shall be served upon the owner and the occupant of the premises served by the allegedly improper construction, which notice shall describe the improper construction and allow the owner or occupant at least twenty-one (21) days to contact the department of public works regarding such allegedly improper construction. If the owner or occupant does not contact the department of public works within such time, the department is authorized to remove forthwith any and all parts of such construction which are located within the public right-of-way.

(2)

Time for defense. If the owner or occupant of premises upon which a notice is served under subsection (1) shall contact the department of public works, he shall be given a reasonable time, not to exceed thirty (30) days from the time of the first contact, to show that such construction was lawful when built or installed. If the owner or occupant shall show that such construction was lawful when built, all correction of any problems caused by such construction shall be at the expense of the city.

(3)

Removal of construction. In the event the owner or occupant cannot show within the time period prescribed by subsection (2) that such construction was lawful when built or installed, he shall be given an additional period of thirty (30) days in which to correct the improper construction in accordance with specifications and requirements of the city. If the owner or occupant does not make such corrections within that time, the department of public works is authorized to remove forthwith, and without any further notice, any and all parts of such construction which are located within the public right-of-way.

(Code 1975, § 28-193; G.O. 15, 2001, § 108)

(a)

The streets, alleys, sidewalks, bridges and public places of the city shall be maintained open at all times for travel by vehicles and pedestrians and for all other proper public uses and purposes. No part thereof, or any spaces above or below such public ways, except as otherwise authorized by statute, this article or Code, or by any other city ordinance, shall be used for any private purpose or business. Except as may be so authorized, no use shall be permitted that affects the orderly appearance thereof, or obstructs or hinders public travel thereover, contrary to the public safety and welfare.

(b)

As provided in Chapter 986 of the Code, a temporary sign may be placed upon any street, alley, sidewalk, bridge, or public place, so long as the following conditions are met:

(1)

The temporary sign is associated with a civic sponsored special event;

(2)

The temporary sign has been approved by the civic sponsored special event sponsor;

(3)

The temporary sign complies with the operating requirements established in section 986-204 of the Code; and

(4)

A limited duration license has been issued in accordance with Chapter 986, article II of the Code.

(c)

The board of business and neighborhood services may adopt reasonable regulations regarding the materials, dimensions, and locations of these temporary signs.

(Code 1975, § 28-194; G.O. 33, 2011, § 4; G.O. 41, 2016, § 2)

It shall be unlawful for any person, without a permit therefor issued pursuant to this article or other provision of this Code, to obstruct or use for himself or anyone else any street, alley, boulevard, sidewalk, crosswalk or public place in the city, or any portion thereof, other than temporarily and as may be reasonably necessary for the proper use of the abutting premises owned or controlled by him, in any of the following respects:

(1)

By placing, piling, keeping or displaying, for any purpose, any goods, wares, merchandise or other things, and any stands, containers or structures used therefor, other than temporarily and in the course of removal on or along any street or public place abutting on premises owned or controlled by any person and used for his business.

(2)

By occupying temporarily more than four (4) feet of the outer edge of any sidewalk, fifteen (15) feet or more in width, or more than one-fourth (¼) of the width of narrower sidewalks, for the deposit of goods, wares, merchandise or other materials and things, in the course of receipt or delivery in connection with any business or use by a person in control of the abutting premises or for any other purpose.

(3)

By permitting any goods, wares, merchandise or other materials to remain for any purpose on or along either the inner or outer edges of any sidewalk for a longer time than required to remove them; and upon notice by a police officer or other city official to remove such goods, wares or merchandise, they shall be removed therefrom within six (6) hours.

(4)

By permitting, except when so authorized by the city, any box, barrel, bale or any other kind of goods, wares or merchandise to be placed on or to remain in the roadway of any street or alley immediately adjacent to the premises owned or occupied by any person, after notice or knowledge thereof, any longer than required to remove same with reasonable diligence, although he may not, directly or indirectly, have placed or caused such obstruction.

(5)

By placing or parking any finished or unfinished vehicle, left with a person for repair or service, in or on any street, alley, boulevard, sidewalk, crosswalk or public place contrary to traffic regulations or any other provisions of this Code, and permitting it to remain in violation of such regulations; or where such place is located within the central traffic district and is not so regulated, by so parking or placing it for any unreasonable period, which prima facie shall be any time longer than two (2) hours.

(6)

By stopping and standing any vehicle on or across any driveway or footwalk, or over any street, alley or boulevard, and so obstructing the same any longer than required to move such vehicle when able to do so.

(7)

In any other manner than as specified in this section or in any other provisions of this Code, unless so expressly permitted or authorized by the city.

(Code 1975, § 28-195)

(a)

The owner, agent, occupant or lessee of any premises, if first applying for and obtaining the approval of the division of construction and business services of the department of business and neighborhood services and the board of parks and recreation, may use the plot between the curb and sidewalk for grass or a tree row in front of such premises, lying anywhere between the curbline and the property line and not used by the city for the paved part of any sidewalk or street, and may beautify and improve all or any part of such plot of ground by sodding it, sowing grass seed therein, or by setting out or growing therein plants or flowers, as may be authorized and so long as no obstruction of the roadway or sidewalk results.

(b)

Any person desiring so to use and beautify the ground between the sidewalk and the curb shall make written application for a permit therefor to both the division and the board of parks and recreation, showing the character and extent of the use or enclosure and the manner of the proposed improvement; and if satisfied with the propriety thereof, such division and board may grant and issue such permit, but the approval of both the division and the board shall be required.

(c)

Whenever the plot subject to this section has been used, sown, sodded or beautified in accordance with the permit required by subsection (b), such person shall maintain it in good order, and no person, without authority from such boards, shall walk upon or across the plot, or pluck, cut or injure in any way any flower or plant thereon, or purposely remove, damage, cut, mark or injure in any way such plot or anything so planted or growing therein.

(d)

Such use of the ground and any permit therefor shall remain subject to the control of the division and the board of parks and recreation, as their respective jurisdiction authorizes, and such permit may be revoked at any time, after notice to the permittee fixing a time to vacate such space, and any continued use of the plot thereafter shall be unlawful.

(e)

When any plot of ground subject to this section is not used by obtaining a permit therefor, the person owning or controlling the premises, unless the city elects to do so, shall keep such plot free of a tall growth of weeds or rank vegetation and any grass growing or sown thereon shall be mowed at reasonable intervals by such person so as to maintain the plot in an orderly and sightly appearance and condition.

(f)

It shall be unlawful for any person to place rubbish, trash or wastes upon any plot subject to this section, or on any other part of the street, except as permitted and necessary to be so placed for collection thereof by the city; or for any person to operate any vehicle or ride or drive any animal upon or across such plot, or permit any animal, such as a horse, cow or similar large animal, to graze or walk upon any such plot or otherwise to damage or destroy it.

(Code 1975, § 28-196; G.O. 15, 2001, § 109; G.O. 3, 2002, § 28; G.O. 63, 2009, § 72; G.O. 41, 2016, § 2)

Editor's note— G.O. 3, 2002, § 29, approved by the city-county council on Jan. 28, 2002, repealed § 645-515 in its entirety. Formerly said repealed section pertained to special charitable solicitation days on streets. See the Code Comparative Table.

(a)

No huckster, peddler, storekeeper, merchant or other person of a similar trade or business shall use or occupy any portion of any public place, park, boulevard, street or sidewalk, with anything placed thereon or stand or move about thereon, for the purpose of selling, offering for sale, displaying, advertising or disposing of any goods, wares or merchandise, or any other property, except as permitted by this Code for public or charitable purposes.

(b)

No auctioneer or other person shall conduct an auction, sell or offer to sell, or dispose of at auction, any goods, wares, merchandise or other thing of value on any public place or way; and it shall also be unlawful for any person to bid at any such auction. No assembly of persons as bidders or onlookers at any auction proscribed by this section shall be allowed or permitted at any time.

(Code 1975, § 28-198)

No person shall sell, offer for sale, or advertise for sale or other disposition, any kind of goods or articles in the city on any street or public place by crying out, talking or hawking, or by any other loud and audible means, vocal or mechanical; however, nothing in this division shall apply to roving vendors of newspapers in the sale thereof nor to persons operating newspaper stands who have a permit issued pursuant to this division.

(Code 1975, § 28-199)

It shall be unlawful for any person who is not a licensed electrician under this Code and who is not duly authorized to do so by the city to string any wires for use as radio or television aerial wires, or for any other private purpose or use, across any street, alley or other public place in the city. No person shall place any such wires for any purpose without having a permit therefor from the division of construction and business services of the department of business and neighborhood services, except while acting as an employee of and for any public utility that has a permit as required by this Code.

(Code 1975, § 28-200; G.O. 15, 2001, § 110; G.O. 3, 2002, § 30; G.O. 63, 2009, § 73; G.O. 41, 2016, § 2)

No person shall place or use any banner, sign or structure for any purpose whatever on any street in the city where such sign or structure obstructs or tends to obstruct the use of the street or sidewalk, nor shall any banner, sign, structure or other thing be placed upon or strung over or across any street without first obtaining a special permit for such limited and temporary use from the division of construction and business services, subject to its further orders thereon.

(Code 1975, § 28-201; G.O. 15, 2001, § 110; G.O. 3, 2002, § 30; G.O. 63, 2009, § 73; G.O. 41, 2016, § 2)

It shall be the duty of each person owning or occupying any premises adjoining a street or improved sidewalk, and doing any kind of work causing earth, dirt, materials or debris to be accumulated by or for him or her upon any portion of the street or sidewalk abutting such premises, to remove or cause the removal thereof within twenty-four (24) hours from the time of such accumulation, unless he or she obtains an extension of time therefor from the division of construction and business services of the department of business and neighborhood services. While such materials are allowed to remain at any such place, the person causing the obstruction shall provide proper barricades and lights therefor, as required for other such obstructions placed upon the public streets.

(Code 1975, § 28-202; G.O. 15, 2001, § 110; G.O. 3, 2002, § 30; G.O. 63, 2009, § 73; G.O. 41, 2016, § 2)

No person shall erect, place or maintain any bicycle or motorcycle rack on any sidewalk or in the space between the property line and the roadway of any street, without first obtaining a permit therefor from the division of construction and business services of the department of business and neighborhood services. The permit may be issued, without charge therefor, under such terms and conditions as the division deems advisable for the protection of the public and the interests of the city, and it shall be revocable by the division at any time.

(Code 1975, § 28-203; G.O. 15, 2001, § 110; G.O. 3, 2002, § 30; G.O. 63, 2009, § 73; G.O. 41, 2016, § 2)

Cross reference— Bicycles generally, ch. 841.

It shall be unlawful for any person to place or deposit, or to allow to be placed or deposited, any coal, firewood or other fuel upon any street, sidewalk or alley of the city and permit it to remain thereon, except during a reasonable period for the delivery and unloading thereof, and all pieces of such coal, firewood or other fuel shall be promptly removed therefrom after delivery.

(Code 1975, § 28-204)

No lumber, timber, logs, blocks or other articles constituting obstructions of any kind shall be placed or caused to be placed upon any street, sidewalk or alley of the city, except for a reasonable time required for the process of loading or unloading and delivery of the same to or by the person controlling the abutting premises.

(Code 1975, § 28-205)

It shall be unlawful to use any street, public place or park at any time for the purpose of doing work or repairs upon vehicles, except for the change of tires when punctured and other emergency work necessary to move such vehicle with safety, whether such vehicles are properly parked or otherwise.

(Code 1975, § 28-206)

Cross reference— Motor vehicles, ch. 611.

It shall be unlawful for the parent, custodian or guardian of any child under twelve (12) years of age to permit or suffer such child to play in the roadway of any street, except a play street established pursuant to this division.

(Code 1975, § 28-207)

(a)

The board of public works, acting through the director of public works, may name and designate from time to time during the year various streets or portions thereof as play streets, or for special contests, or for fixed hours and limited periods as specified for sledding, tobogganing, roller and ice skating and various other games, contests and recreation for children, and shall control traffic or other interference thereon or may bar therefrom vehicular traffic or other interference during the periods of such use. Play streets shall be so designated and marked by signs and may be roped off or otherwise barricaded, or may be so indicated by police officers stationed thereon.

(b)

Play streets shall be selected from those streets that are not main or heavily used traffic arteries and which generally carry a small burden of traffic. Any provisions of this Code relating to vehicular traffic in any such areas may be suspended or changed by the board of public works in such areas while any street is being used for the purposes provided in subsection (a), and such board shall assign one (1) or more police officers or other competent persons to supervise the recreation and maintain order at such places.

(c)

Any person residing at any premises located upon such restricted portions of a street or any person having business to transact therewith, and all public emergency vehicles, shall have the right of egress and ingress from and to the premises by exercising due care and giving timely warning to anyone on the street. Any person operating or parking vehicles at such times and places shall obey the orders of the police officers thereat.

(d)

It shall be unlawful for any vehicle, other than those authorized by subsection (c), to drive upon or use a play street while it is being so used, or for any person to interfere with such area or with those so using it.

(Code 1975, § 28-208; G.O. 15, 2001, § 111)

It shall be unlawful for any person to skate on roller or ice skates, or to play or engage in games with such skates on the roadway of any public street or place in the city; provided, however, this section shall not be construed to prohibit roller or ice skating or such games on sidewalks when and where pedestrian use thereof is not endangered, hampered or obstructed, and when done in such a manner or the sidewalk used to such an extent as not to cause a public nuisance, or when confined to the roadway or sidewalks of any street or place which has been temporarily designated and set aside by the city for use as a play street, as provided for by this division.

(Code 1975, § 28-209)

(a)

It shall be unlawful for any person, who is riding in or by means of a skateboard, coaster, scooter, toy vehicle or any similar play device, to park, stand or use any such vehicle or device upon any roadway, except when and where such roadway is designated as a play street, or while he is crossing a street on a crosswalk, and when so crossing, such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians.

(b)

It is hereby declared a public nuisance and, therefore, a violation of this Code to operate a skateboard, coaster, scooter, toy vehicle or any similar play device on the streets, sidewalks, ramps and parking areas within the territory bounded by and including:

(1)

College Avenue on the west, Compton Street on the east, 62nd Street on the south, and 65th Street on the north;

(2)

North Street on the north, South Street on the south, East Street on the east, and West Street on the west ("Downtown Mile Square");

(3)

Pedestrian bridges and city right-of-way on either side of the canal, from the south right-of-way line of Eleventh Street to North Street, and from West Street to the White River ("Canal Walk Zone"); and

(4)

Massachusetts Avenue from the intersection of North Street and East Street to the intersection of College Avenue and Saint Clair Street.

(c)

A skateboard operated in violation of this section may be temporarily held to abate the nuisance.

(d)

The first violation in any calendar year shall be subject to admission of violation and payment of the designated civil penalty through the ordinance violations bureau in accordance with Chapter 103 of this Code. All second and subsequent violations in the calendar year are subject to the enforcement procedures and penalties provided in section 103-3 this Code.

(e)

An exception to subsection (b) exists for special events, parades, and similar activities where a right-of-way use or other applicable permit is in effect for the activity.

(Code 1975, § 28-210; G.O. 58, 1997, § 1)

Editor's note— G.O. 98, 1999, § 2, passed by the city-county council on Aug. 2, 1999, repealed § 645-529, which pertained to permit required for newspaper stand. See the Code Comparative Table.

No person shall use the public ways for the transportation of persons for hire or compensation unless the vehicle used for such purpose is duly licensed by the city or by the Indiana Public Service Commission.

(Code 1975, § 28-212)

Notwithstanding the provisions of section 645-512 or section 645-546, after a franchise agreement has been granted by the city-county council for a district cooling system and subject to article II of this chapter, the division of construction and business services of the department of business and neighborhood services, after consultation with the engineering division of the department of public works, may issue permits to the franchise holder for activity within the public rights-of-way located in the franchise district.

(Code 1975, § 28-213; G.O. 15, 2001, § 112; G.O. 3, 2002, § 31; G.O. 63, 2009, § 74; G.O. 41, 2016, § 2)

Cross reference— District cooling system franchises generally, ch. 866.

All relevant provisions of state statutes authorizing and regulating any private use made or continued in connection with public improvements, or otherwise, are hereby adopted and are to be applied and used as a part of this division by this reference thereto.

(Code 1975, § 28-222)

No person shall hereafter use or change, for private purposes, any space on, over or underneath the surface of any public street, sidewalk or other public place in the city; or construct or maintain any structure thereon, bridge thereover, or tunnel thereunder; or disturb the sidewalk, curb or roadway on a public way; or use the space beneath any public way for the purpose of constructing, reconstructing, extending or maintaining any vault, cellar, areaway, structure, coalhole, trapdoor, stairway, elevator or other opening; or install or use any appurtenances thereto; without first obtaining a permit therefor from the division of construction and business services of the department of business and neighborhood services.

(Code 1975, § 28-223; G.O. 15, 2001, § 113; G.O. 3, 2002, § 32; G.O. 63, 2009, § 75; G.O. 41, 2016, § 2)

(a)

No person shall build or place, or cause or permit to be built or placed, any stand, window, stairway, porch or other structure or obstruction of that type, designed for private use or business purposes, which extends into, over or on the street and sidewalk adjoining such premises, and which is owned or controlled and used by him, when such structure is permanent in character and occupies or uses any portion of the surface of the street.

(b)

Any existing structure or obstruction prohibited by subsection (a) shall be removed when so ordered by the city, or the city may remove it at the expense of the owner.

(c)

All applications for permits required by this division to build any structure of the type prohibited by subsection (a) shall be refused and rejected by the division of construction and business services of the department of business and neighborhood services. Temporary structures on the streets may be so located for special occasions and uses when permitted by the division, subject to removal at any time on its order.

(Code 1975, § 28-224; G.O. 15, 2001, § 113; G.O. 3, 2002, § 32; G.O. 63, 2009, § 75; G.O. 41, 2016, § 2)

An application for a permit required by this division shall be accompanied by any plans and specifications required by the division of construction and business services of the department of business and neighborhood services and by a sketch or diagram showing the gross measurements of the vault, bridge, tunnel or other structure to be constructed or changed, together with all openings in and uses of the surface over the proposed use and any other proposed changes in the existing use of the street to public place. The sketch or diagram and any plans and specifications shall be approved by the division before a permit is issued or any such work is commenced.

(Code 1975, § 28-225; G.O. 15, 2001, § 113; G.O. 3, 2002, § 32; G.O. 63, 2009, § 75; G.O. 41, 2016, § 2)

(a)

Each applicant for a permit required by this division shall file with his or her application a public liability bond in the minimum sum of five thousand dollars ($5,000.00) for injury to one (1) person, fifty thousand dollars ($50,000.00) for injuries to more than one (1) person, and two thousand dollars ($2,000.00) for damage to property, with surety to be approved by the division of construction and business services of the department of business and neighborhood services.

(b)

The surety on the bond required by subsection (a), if a natural person, shall own property in the aggregate value, over and above all encumbrances thereon, of twice the sum fixed in the bond.

(c)

The bond shall be duly executed and shall be conditioned upon the agreement that the person to whom the permit is issued and his or her heirs, personal representatives, successors or assigns will save and keep the city free and harmless from any and all loss, damage, claims, demands, judgments and expenses arising from or out of the granting or use of such permit, or the construction or use of the space, structure, bridge, tunnel, vault, coalhole, trapdoor, stairway, elevator or other opening therein, or of any other structure or use maintained in connection therewith, and that the permittee will at all times maintain the public way or place, including the sidewalk over any such space or opening, as the case may be, and all structures built by him, in such condition that the public way or place and such structures at all times during the construction or repairs, or after any of the things aforesaid are completed, or such space is so used, will be maintained by him or her in good condition and repair and safe for public traffic and use; conditioned further for the prompt vacation and removal of any of the things so constructed and used, as authorized by the permit, and the restoration of such sidewalk and street, upon thirty (30) days' notice from the division of construction and business services, whenever in the opinion of the division and unless otherwise inhibited by statute, it shall be necessary or advisable to have the use or any portion thereof vacated or removed in order to conserve the public safety or welfare, or to provide for the use of the space or any portion thereof for any public purpose, or for the use of any public utilities, or because of the construction of railway lines, wires or tracks, or of a subway or elevated structure for transportation purposes either on, under, over or adjacent to the public way or public place in which any privately used space or structure is located, or for the purpose of constructing, reconstructing, moving, erecting or maintaining any sewer, drain, conduit, pipe, tube, pole, wire, structure or other similar use because of the construction of such a subway, or elevated structure, or for any public use or any other public utility purposes; and conditioned further that the bond will be renewed and kept in full effect, with an approved surety, and a certificate of such fact kept on file with the division of construction and business services, so long as any private uses and structures are continued, and for the faithful performance and observance of all the terms and conditions of the permit and bond and of the various sections of this division and all other provisions of this Code and state law relating thereto.

(d)

The bond required by subsection (a), if and when placed of record in the office of the county recorder, or respecting any person with actual notice thereof, shall constitute a covenant running with the land, and it shall be deemed and construed to include all the aforesaid conditions, regardless of their inclusion in or omission from the text of any such bond.

(e)

Whenever the division of construction and business services determines that the sureties on any bond given pursuant to this section have become insufficient and so notifies the holder of the permit or his or her successor, a new bond for the permit shall be filed, or new sureties substituted, to be approved by the division. Unless so filed within the time fixed by the division, the permit shall be revoked and all uses and rights thereunder shall be terminated.

(Code 1975, § 28-226; G.O. 15, 2001, § 113; G.O. 3, 2002, § 32; G.O. 63, 2009, § 75; G.O. 41, 2016, § 2)

No permit required by this division shall be issued for the private use by any person of any space under the surface of the roadway and between the curblines of any improved public way or public place; such spaces shall be reserved exclusively for any necessary use of any such space by public utilities or public authorities. Any such existing uses under any roadways in the city may be vacated and removed by order of the division of construction and business services of the department of business and neighborhood services, whenever in its discretion the public safety and welfare so require.

(Code 1975, § 28-227; G.O. 15, 2001, § 113; G.O. 3, 2002, § 32; G.O. 63, 2009, § 75; G.O. 41, 2016, § 2)

Notwithstanding the provisions of sections 645-512 or 645-546, the division of construction and business services of the department of business and neighborhood services may permit Ogden Martin Systems of Indianapolis, Inc., to establish a steam line within the public right-of-way on Harding Street from one thousand (1,000) feet south of Raymond Street to Kentucky Avenue.

(Code 1975, § 28-227.1; G.O. 15, 2001, § 113; G.O. 3, 2002, § 32; G.O. 63, 2009, § 75; G.O. 41, 2016, § 2)

Fees for a permit required by this division shall be based upon the character of the use and the number of cubic feet occupied by the vault, space or other structure located on, under or above the surface of the public way or public place for which a permit is to be issued, and shall be determined as uniformly as practicable by the director of business and neighborhood services, varying from a minimum fee of five dollars ($5.00) for the issuance of each permit, plus additional fees varying from a minimum of ten dollars ($10.00) to a maximum of two hundred dollars ($200.00). The board of business and neighborhood services may fix such fees in each instance, or may adopt a general schedule for the various classes of fees, based upon engineering and construction costs in the city for similar kinds of work. No additional permit fees shall be charged, except where a new permit is required for the use of additional space, for minor alterations in the construction of or changes in any structure, coalhole, elevator or other opening, or variations in the plans, but not affecting the surface of the way, which were not enumerated in the original permit, if the board of business and neighborhood services approves such changes and waives further fees, or where the party to whom the original permit was issued has transferred his or her interest to another party as provided in this division. In case of such a transfer, however, the purchaser of the interest shall pay to the division of construction and business services an additional five dollars ($5.00) for the issuance of a transfer of the permit.

(Code 1975, § 28-228; G.O. 15, 2001, § 113; G.O. 3, 2002, § 32; G.O. 63, 2009, § 75; G.O. 41, 2016, § 2)

Except as may be otherwise specifically provided by law, no permit issued pursuant to this division for any purpose or use, acquired at any time, shall be vested in any person by the permit or otherwise, but all thereof shall be subject to the continuing control of the city under its police powers, regardless of when or how any such use originated.

(Code 1975, § 28-229)

No permit required by this division shall be issued, transferred or assigned, except as provided by this division or as otherwise provided by law.

(Code 1975, § 28-230)

The number, location, size, construction, maintenance, reconstruction and repair of all coalholes, trapdoors, vaults, cellars, stairways, elevators or other openings, or any other kind of structure or use on, over or under any portion of the public ways of the city shall at all times be carried out under the directions and subject to the approval of the board of public works, acting through the director of public works.

(Code 1975, § 28-231; G.O. 15, 2001, § 114)

If any person using any space on, over or underneath any public way or place for any private purpose shall fail to obtain a permit required by this division for any alterations or changes in such use, and to conform with the permit and the provisions of this Code and all statutes thereon, the board of public works shall proceed summarily to abate and remove any such structures or uses, and shall close or restore any such spaces that had been so used, for which use no vested right had attached and accrued.

(Code 1975, § 28-232; G.O. 15, 2001, § 114)

(a)

All permits issued pursuant to this division shall be at all times subject to revocation, in whole or in part, by the division of construction and business services of the department of business and neighborhood services, whenever the division, on its own motion or upon the recommendation of other city or state officials, shall consider it necessary or advisable to have any vault, space, opening or other use of any street authorized by any such permit, or any other use, to be removed and vacated in order to secure the public safety or so that it may be used for any public purpose, including uses by any public utilities, or because of the construction or maintenance of a subway or elevated structure for transportation purposes in, under or near the public way or public place in which the vault, space, opening, bridge or tunnel is located, or other use made of any street, or for the purpose of moving, constructing or maintaining rails, sewers, mains, conduits, pipes, tubes, wires, poles or other structures of any kind, because of the construction or maintenance of the subway or elevation for transportation purposes, or for any other public utility uses.

(b)

No permit shall be issued under this division, except under the condition and the agreement of the party to whom the permit is issued that the vault or space, wherever so located, or any portion thereof, and all or any appurtenances thereto, or any other uses so required to be used for such public purposes, shall be vacated and removed within thirty (30) days after the division shall have given notice of revocation of the permit to continue such prior and existing uses, and that in case such party fails to vacate the space, vault or other use, or such portions thereof as are specified in the notice, the division may revoke the further use and maintenance thereof and may cause the use to be vacated and removed and made secure, as ordered, at the expense of the party to whom the permit was issued, or it may enjoin and abate the use by appropriate action, and all expenses incurred or damages or judgments incurred or paid by the city, on account thereof shall be borne by such party and shall be paid to the city upon demand, or be recovered by action thereon.

(c)

If any person who has secured a permit pursuant to this division shall fail or neglect to comply with any of the terms of this division or this Code at any time, the permit may be revoked by the division or by the mayor, and it shall be revoked by the division in all cases, unless otherwise provided by law, where the division, in the exercise of its discretion, has determined that such revocation is proper or necessary for the public safety or welfare.

(Code 1975, § 28-233; G.O. 15, 2001, § 114; G.O. 3, 2002, § 33; G.O. 63, 2009, § 76; G.O. 41, 2016, § 2)

No cesspool or septic tank shall be constructed, located, maintained, used or operated under any public street or place in the city, nor shall any explosives, flammable oil or chemical, or other such dangerous substances be kept, stored or used for any purpose under any sidewalk or street or public place of the city, except with a permit therefor from the city, and unless the same is securely kept and used and any aperture or ventilating hole or opening kept securely covered at all times as provided by this division. Such things shall be subject at all times to the inspection, control and orders of all public officials having any such authority.

(Code 1975, § 28-234)

(a)

No person shall use or alter the space under any sidewalk, street or public place in such a manner as to damage or interfere with any sewer, water pipe, conduit, wire or any other work or structure lawfully installed in the public way by any public authority or public utility, unless by the express consent of the division of construction and business services of the department of business and neighborhood services after consultation with the engineering division of the department of public works, and of any such utility, under the conditions prescribed by them.

(b)

No permit required by this division shall be granted until any utility affected has been notified and the applicant therefor has executed an approved indemnity bond or has paid to the division a sum of money that it deems sufficient to defray the cost and expense to the city and to any utilities affected by renewing, rebuilding, relocating or relaying all or any of such facilities so disturbed, and making the necessary connections therewith, if the holder of the permit fails to do so as approved by them.

(c)

Every person damaging, altering or disturbing any underground utilities shall restore them at his or her expense and within the time fixed by the division to such condition as they were in prior thereto and as will meet the approval of the division and of any such public utilities; and if and when so restored, the sum so paid to the division or any balance unused shall be refunded. If the permittee fails to restore such underground facilities, the division shall cause them to be restored in a manner meeting its approval and that of such utility and the cost thereof shall be paid out of the deposit. If such cost exceeds the deposit, the person shall pay forthwith to the city any such excess.

(Code 1975, § 28-235; G.O. 15, 2001, § 115; G.O. 3, 2002, § 34; G.O. 63, 2009, § 77; G.O. 41, 2016, § 2)

(a)

Any person to whom a permit has been issued pursuant to this division or who has given a bond for the occupation and use of space under, on or above any public way, place or sidewalk pursuant to a permit or a resolution of the division of construction and business services of the department of business and neighborhood services, and who has conveyed his or her interest in the premises for which the permit is issued, shall notify in writing the division of such conveyance, together with the name and address of the purchaser thereof.

(b)

Upon giving the notice required by subsection (a), the person or his or her successor may secure from the division of construction and business services, on the recommendation of the administrator as assigned by the deputy director of such division, a permit to remove or close up any coalhole, stairway, elevator, structure, bridge, tunnel, opening or any other use maintained on, below or above the sidewalk or public way, and to restore the place and public way to a condition similar to the balance of the sidewalk, street or public place in front of the premises. Upon completion of the work, subject to the approval of the division, all liability under the bond theretofore given by such person shall cease and determine, except as to any acts happening or causes of action accruing prior to or during the removal or closing of all such openings or structures. If, however, the purchaser shall pay the permit transfer fee provided for by this division and also shall execute a new bond conditioned as aforesaid, a permit may be issued to the purchaser covering the continued use of and changes in the permitted use specified in the original permit, and it shall not be necessary in such event for the person to whom the original permit was issued to close up the opening or to terminate the use, but the filing of the new bond and the securing of a new permit by the purchaser shall act as a release of the original permittee for any future liability under the bond originally given by him, in like manner as if the opening had been closed or other things had been done by him or her according to the approval of the and the division, except as to any causes of action accruing prior to the filing of such new bond.

(c)

A bond may not be required to be filed, in the discretion of the division of construction and business services, in cases where there are to be no further uses of any such structures and no openings of any kind are to be left and to remain in the sidewalk over the subsidewalk space, or where the vault used in connection with any opening does not exceed fifteen (15) feet in depth and the sidewalk over it is supported at all times as approved by the administrator as assigned by the deputy director of the division.

(Code 1975, § 28-236; G.O. 15, 2001, § 115; G.O. 3, 2002, § 34; G.O. 63, 2009, § 77; G.O. 41, 2016, § 2)

Whenever any person holding a contract and permit issued pursuant to this division, which permit has been issued under the terms of any resolution of the board of public works previously in force, the conditions of which have been and are now being fully complied with, shall apply for a new permit under this division and shall desire to have the permit or contract previously entered into canceled, the division of construction and business services of the department of business and neighborhood services, upon issuing a new permit and approving a new bond, may cancel the old permit and bond as to any liability thereunder arising after the date of the issuance of the new permit and bond, but the prior contract and permit, and the bond given therewith, shall all remain in full force and effect as to all rights, obligations and liabilities accruing thereunder, including all amounts due the city for fees or anything else under the permit and bond up to the time of such cancellation.

(Code 1975, § 28-237; G.O. 15, 2001, § 115; G.O. 3, 2002, § 34; G.O. 63, 2009, § 77; G.O. 41, 2016, § 2)

(a)

Every opening for access to and use of any vault, coalhole, chute or other aperture that is made in the sidewalk over such subarea for the use of the premises, other than fixed gratings used only for light and air, shall be covered with a substantial, heavy iron lid or cover, having a rough surface and so placed, seated and maintained as to cover such opening and remain securely therein at all times when not removed for use of the area beneath. The entire construction of such coalholes, vaults and covers therefor shall be subject to the continued inspection, supervision and orders of the division of construction and business services of the department of business and neighborhood services so as to secure the safety of the public when passing over such covers and places.

(b)

No person shall remove or place and leave insecurely, or cause, procure or permit to be removed or to be insecurely placed or left, so that it can be moved in its flange or seat or so as to tilt when stepped upon, any cover of any coalhole, vault, chute or other opening in or under any public way or public place. However, nothing in this subsection shall prevent the owner or occupant of the building with which such coalhole, vault, chute or opening is connected from removing the cover at any time for the proper purpose and use of such opening, either for repairs thereto or for removing or delivering anything therein, in case he or she then encloses and guards the opening or aperture and keeps it enclosed and guarded with a strong box or barrier at least twenty-four (24) inches high, firmly and securely made, and also places and maintains lights, when dark, as required for work on streets. During deliveries of anything through such opening, or during repairs thereto, some person shall remain stationed thereat to safeguard the same at all times while the cover is removed, and unless there at all such times, the cover shall be replaced.

(c)

It shall be unlawful for any person owning or using any coalhole or vault, or any sidewalk lift, outside stairway, chute or other opening in any public sidewalk, to allow it to remain uncovered or opened, except while being repaired or while it is actually being used for the purpose of entrance or exit, or for the purpose of introducing or removing any article through such opening, and except while protected or guarded.

(Code 1975, § 28-238; G.O. 15, 2001, § 115; G.O. 3, 2002, § 34; G.O. 63, 2009, § 77; G.O. 41, 2016, § 2)

Whenever any coalhole, vault, chute or elevator in or under any sidewalk, or any aperture constructed in any sidewalk for such use or any other purpose, is not covered or secured as required by this division or, in the opinion of the deputy director of the department of business and neighborhood services division of construction and business services, is unsafe or inconvenient for public travel; or when any other type of such structures referred to in this division, located on, beneath or over any public way or place, becomes unsafe, the division of construction and business services may order the opening to be placed in a safe condition as approved by it. If the repairs are not done within the time prescribed by such order, the division of construction and business services may refer the matter to the department of public works to make the repairs and changes or, if necessary, to remove the opening, and the expense thereof shall be charged against and collected from such owner or person in possession of the premises and of such appurtenances and accessories thereto.

(Code 1975, § 28-239; G.O. 15, 2001, § 115; G.O. 3, 2002, § 34; G.O. 63, 2009, § 77; G.O. 41, 2016, § 2)

Every person using any portion of the space under any sidewalk shall at all times keep the sidewalk securely supported and in good condition and repair in any portions connected with the subsurface uses, and clear and free from all dirt, filth or other obstructions or encumbrances arising from such uses. All repairing and cleaning shall be done in accordance with the regulations of the board of public works or other city authorities, and the division of construction and business services of the department of business and neighborhood services may revoke the permit for failure to comply with any provision of this section.

(Code 1975, § 28-240; G.O. 15, 2001, § 115; G.O. 3, 2002, § 34; G.O. 63, 2009, § 77; G.O. 41, 2016, § 2)

(a)

The owner and the person in possession of the abutting premises in front of which a coalhole, vault or other structure or use subject to this division is constructed, and an opening therefor is made in the street or sidewalk, shall be held responsible to the city and all other persons for any and all damages, judgments and expenses resulting to the city or to other persons or property in consequence of any defect or other negligence in the construction, maintenance or use of such vault, coalhole or any other opening, structures or use, or for allowing the use, or any portion thereof, to become and remain out of repair or unsafe. The owner shall be required to keep the vault, coalhole or other opening, its walls, coverings and other parts and structures, in good order at all times, and upon his failure to do so, the city may do so and collect such cost from him.

(b)

The owner and the person in possession of any premises abutting on any coalhole, vault or other opening subject to this division shall be held responsible to the city for any and all damages, judgments, losses and expenses to the city, or which is so caused to other persons or property, in consequence of the aperture in the sidewalk being left exposed and uncovered, or the covering being defective or left unsafe, insecure or unfastened; or for any damages, judgments, losses and expenses resulting to the city or other persons from any other violation by such persons of any provisions of this division or Code.

(Code 1975, § 28-241)

For the purpose of this division, the following words shall have the definitions ascribed to them in this section:

Department means the department of public works.

Division of construction and business services or division means the division of construction and business services of the department of business and neighborhood services.

Encroachment means an intrusion by an inanimate object on, under, over, or upon the public right-of-way. However, the following intrusions shall not be deemed to be an encroachment:

(1)

Motor vehicles, bicycles, and similar devices that are regularly moved from place to place;

(2)

Landscaping for which a permit has been secured pursuant to chapter 701 of this Code;

(3)

Temporary signs advertising the sale of real estate that comply with zoning restrictions;

(4)

Pipes, conduits, wires, fiber optic lines, antennae, poles, ducts, and other like fixtures and appurtenances that are owned and used by a public utility and that are used in connection with transmitting, receiving, distributing, offering, and providing utility services and that are registered in accordance with chapter 645 of this Code; and

(5)

Pipes, conduits, wires, fiber optic lines and other like fixtures and appurtenances that are owned by the landowner and are used to receive utility services from a public utility or from the City of Indianapolis.

If one (1) or more encroaching objects are attached to and from a part of the same structure or thing, taken collectively, they shall be considered as only one (1) encroachment.

(Code 1975, § 28-251; G.O. 171, 1999, § 1; G.O. 15, 2001, § 116; G.O. 3, 2002, § 35; G.O. 63, 2009, § 78; G.O. 41, 2016, § 2)

(a)

The division of construction and business services has the authority to license any encroachment.

(b)

All encroachments are regulated by this division, including types of encroachments that are exempted by a regulation adopted under section 645-581 from the requirement that a written license document be secured.

(c)

Notwithstanding the preceding portions of this section, an encroachment of more than one (1) year may not be licensed if said encroachment is subject to the grant of a franchise as authorized elsewhere in this Code or is the subject matter of a lease or operating agreement between the city and a third party.

(Code 1975, § 28-252; G.O. 171, 1999, § 1; G.O. 15, 2001, § 116; G.O. 3, 2002, § 35; G.O. 63, 2009, § 78; G.O. 41, 2016, § 2)

No person shall maintain any encroachment without first:

(1)

Having received a written license document therefor from the division of construction and business services in accordance with the provisions of this division; or

(2)

Complying with the provisions of section 645-581 for a license allowed without documentation.

(Code 1975, § 28-253; G.O. 171, 1999, § 1; G.O. 15, 2001, § 116; G.O. 3, 2002, § 35; G.O. 63, 2009, § 78; G.O. 41, 2016, § 2)

Any person who desires to maintain an encroachment shall file a petition with the division of construction and business services on such forms as the division may prescribe, requesting that the division approve a license permitting the encroachment, specifically identifying the property or properties affected, and outlining the circumstances giving rise to the need for the license.

(Code 1975, § 28-254; G.O. 171, 1999, § 1; G.O. 15, 2001, § 116; G.O. 3, 2002, § 35; G.O. 41, 2016, § 2)

(a)

Upon the filing of a petition for a license required by this division, the division of construction and business services shall cause an investigation of the request and of the circumstances enumerated in such petition to be made. Upon completion of the investigation, such division shall either grant or deny the license and if granted, specify the term and conditions of the license.

(b)

No person (even a person who holds property rights in the right-of-way or in property abutting the right-of-way) has any property right to an encroachment license.

(Code 1975, § 28-255; G.O. 171, 1999, § 1; G.O. 15, 2001, § 116; G.O. 3, 2002, § 35; G.O. 63, 2009, § 78; G.O. 41, 2016, § 2)

(a)

In granting any license under this division, the division of construction and business services may attach such reasonable conditions to the license as it determines to be in the interest of the public health, safety and welfare.

(b)

No property right vests in the holder of an encroachment license through the granting of the encroachment license, irrespective of the length of the term of the license. The holder of the encroachment license has no property right to the continued existence of the encroachment license or the renewal of the license.

(Code 1975, § 28-256; G.O. 171, 1999, § 1; G.O. 15, 2001, § 116; G.O. 3, 2002, § 35; G.O. 63, 2009, § 78; G.O. 41, 2016, § 2)

All license documents issued by the division of construction and business services under this division, unless granted for a lesser determinate period, may be for a term of up to twenty (20) years dating from the date of their issuance.

(Code 1975, § 28-257; G.O. 171, 1999, § 1; G.O. 15, 2001, § 116; G.O. 3, 2002, § 35; G.O. 63, 2009, § 78; G.O. 25, 2010, § 12; G.O. 41, 2016, § 2)

Editor's note— G.O. 25, § 42, passed June 7, 2010, shall be in effect from and after (a) its passage by the Council and compliance with IC § 36-3-4-14 or (b) August 1, 2010, whichever last occurs.

Within thirty (30) days after any action of the division of construction and business services in granting, refusing to grant or revoking any license required by this division, any person, including the corporation counsel acting for and on behalf of the city, may appeal under the provisions established in Article IV of Chapter 801 of the code.

(Code 1975, § 28-258; G.O. 171, 1999, § 1; G.O. 15, 2001, § 116; G.O. 63, 2009, § 78; G.O. 25, 2010, § 12; G.O. 41, 2016, § 2)

Editor's note— G.O. 25, § 42, passed June 7, 2010, shall be in effect from and after (a) its passage by the Council and compliance with IC § 36-3-4-14 or (b) August 1, 2010, whichever last occurs.

(a)

Each petition to maintain an encroachment shall be accompanied by an application fee provided in section 131-501 of the Code.

(b)

If the division of construction and business services determines that a valuable consideration will be received by the city as a result of the encroachment, the administrator as assigned by the deputy director of the division may waive the license fee provided in this section. Except for the waiver of license fees for individual newsracks under Article VIII of this chapter, the waiver shall be supported by a written finding identifying the consideration and indicating its value to the city.

(Code 1975, § 28-259; G.O. 171, 1999, § 1; G.O. 15, 2001, § 116; G.O. 3, 2002, § 36; G.O. 63, 2009, § 78; G.O. 25, 2010, § 12; G.O. 41, 2016, § 2)

Editor's note— G.O. 25, § 42, passed June 7, 2010, shall be in effect from and after (a) its passage by the Council and compliance with IC § 36-3-4-14 or (b) August 1, 2010, whichever last occurs.

In addition to and not by way of limitation of any other provision of this division, the division of construction and business services is authorized and empowered in behalf of the city to enforce this article by any appropriate remedy at law or in equity, or both, in order to effectively and affirmatively preclude any violations hereof.

(Code 1975, § 28-260; G.O. 171, 1999, § 1; G.O. 15, 2001, § 116; G.O. 3, 2002, § 36; G.O. 63, 2009, § 78; G.O. 41, 2016, § 2)

The board of public works may, at its discretion, in accordance with the procedures specified in chapter 141 of the Code, adopt regulations deemed necessary and appropriate to carry out the provisions of this division, including, but not limited to, regulations establishing:

(1)

A procedure for filing a license petition;

(2)

Types of encroachments for which a license is allowed without documentation; such encroachments shall be limited to those that have only a minor effect on the use of the right-of-way and can be installed without blocking any portion of the street; regulations establishing these types of encroachments shall, without limitation, provide:

a.

That such encroachments are automatically licensed as they exist on the effective date of the regulation if they are created in compliance with the requirements and standards specified by the regulation;

b.

With automatic licensure it is not necessary for the encroachment owner to file a petition for an encroachment license or receive a license document to be licensed under this regulation; and

c.

The length of the term or terms of such encroachments;

(3)

A procedure for amending or renewing a license;

(4)

Standards and requirements for construction or use of encroachments; and

(5)

A procedure for securing a variance from license standards and requirements. If the regulation authorizes the variance to be granted by the administrator as assigned by the deputy director of the division of construction and business services, it shall provide for an appeal of the decision to the director of the department of business and neighborhood services.

(G.O. 171, 1999, § 1; G.O. 15, 2001, § 116; G.O. 3, 2002, § 36; G.O. 63, 2009, § 78; G.O. 41, 2016, § 2)

The board of business and neighborhood services may, in accordance with the procedures specified in Chapter 141 of the Code, amend, alter, or revise the fees specified in section 645-579 or establish new fees or categories of fees.

(G.O. 171, 1999, § 1; G.O. 15, 2001, § 116; G.O. 63, 2009, § 78; G.O. 41, 2016, § 2)

(a)

The division of construction and business services may at any time terminate an encroachment license, whether the encroachment is based on a written document issued by such division or allowed without documentation. The owner shall be responsible for removing such an encroachment. The city shall not be responsible for any costs related to the termination of the encroachment privilege; for example, the city shall not be responsible for the cost of removal of the encroachment or any diminution of value of the owner's property associated with the removal. Such department shall allow the owner sixty (60) days to remove the encroachment. However, if the terms of the encroachment license document specify a shorter or longer period removal time, the specified time shall be allowed for removal.

(b)

If the owner does not remove an encroachment within the time allowed under section 645-583(a), the division of construction and business services may, without further notice, remove forthwith said encroachment and shall be entitled to recover its costs and expenses, including without limitation, reasonable attorney fees.

(G.O. 171, 1999, § 1; G.O. 15, 2001, § 116; G.O. 3, 2002, § 37; G.O. 63, 2009, § 78; G.O. 41, 2016, § 2)

If the owner allows an encroachment that does not have a license to continue to exist following the adoption of this G.O. 171, 1999, the encroachment shall be subject to the requirements of G.O. 171, 1999.

(G.O. 171, 1999, § 1)

(a)

The council hereby finds, as follows:

(1)

The public rights-of-way historically have been used to circulate newspapers and other publications;

(2)

The substantial growth in the number of newspapers and other publications has produced a significant increase in the number of individual newsracks located on the public rights-of way;

(3)

The unregulated placement and maintenance of individual newsracks in the public rights-of-way interferes with the free and unimpeded use of such public rights-of-way, and threatens the health, safety and welfare of persons who use the public rights-of-way, including pedestrians, children, the aged, persons entering and leaving vehicles and buildings, drivers, persons performing essential utility, traffic control and emergency services, and persons with disabilities; and

(4)

The unregulated placement of multicolored, broken, rusted and abandoned individual newsracks of various shapes and sizes in the public rights-of-way significantly detracts from the aesthetic character of surrounding areas.

The council further finds that there is a need for reasonable time, place and manner guidelines regarding the installation, placement, size, appearance and maintenance of newsracks and newsstands in the public rights-of-way.

(b)

Consistent with these findings, it is the purpose of this article to promote the health and safety of users of the public rights-of-way and to enhance the aesthetics of the city in a manner which may utilize newsracks and newsstands as a means of distribution of newspapers and other publications, so as to do the following:

(1)

Provide for pedestrian and driving safety and convenience;

(2)

Restrict unreasonable interference with the flow of pedestrian or vehicular traffic, including ingress into and egress from any residence or place of business, or from the street to the sidewalk by persons exiting or entering parked or standing vehicles;

(3)

Provide for the safety of the public and property during windstorms and other inclement weather;

(4)

Provide reasonable access for the use and maintenance of poles, posts, traffic signs or signals, hydrants, mailboxes and access to locations used for public transportation purposes;

(5)

Replace, remove, or relocate individual newsracks that have created visual blight on the public rights-of-way or unreasonably detracted from the aesthetics of adjacent businesses, landscaping and other improvements;

(6)

Maintain and protect the values of surrounding properties; and

(7)

Reduce unnecessary exposure of the public to personal injury and property damage.

It is also the purpose of this article to ensure a diversity of viewpoints consistent with the First Amendment to the United States Constitution, and to treat all newspapers and other lawful publications equally, regardless of their content.

(G.O. 98, 1999, § 1)

As used in this article, the following terms shall have the meanings ascribed to them in this section.

Abandoned means any individual newsrack, or compartment of a modular newsrack, that does not contain the newspaper or other publication specified therefor for more than four (4) consecutive days for a daily publication, eight (8) consecutive days for a weekly publication, sixteen (16) consecutive days for a biweekly publication, thirty-two (32) days for a monthly publication, or sixty-four (64) days for a bimonthly publication. A newsstand shall be deemed abandoned if it is not open for business for a period of more than seven (7) consecutive days.

Compartment means the individual space within a modular newsrack that dispenses one (1) newspaper or other publication, including the door, coin return mechanism and associated hardware.

Director means the director of the department of business and neighborhood services.

Division of construction and business services or division means the division of construction and business services of the department of business and neighborhood services.

Individual newsrack means and includes a newsrack designed with a single enclosed compartment to accommodate at any one (1) time the display, sale, or distribution of like copies of a single newspaper or other publication, or that has more than one (1) compartment but does not exceed the dimensions of an individual newsrack as provided in sections 645-813 or 645-814 of this Code.

Modular newsrack means a newsrack that is designed with multiple separate enclosed compartments to accommodate at any one (1) time the display, sale, or distribution of multiple distinct and separate newspapers or other publications, and that exceeds the dimensions of an individual newsrack as provided in sections 645-813 or 645-814 of this Code.

Modular newsrack district means and includes all public rights-of-way located within the area bounded on the north by the north right-of-way line of New York Street, on the east by the east right-of-way line of Alabama Street, on the south by the north right-of-way line of the Consolidated Rail Corporation (Conrail) that runs through Union Station, and on the west by the west right-of-way line of West Street.

Modular newsrack provider means the person or other legal entity who is authorized under section 645-811 of this Code to place and maintain modular newsracks upon the public rights-of-way.

Newspapers and other publications means and includes newspapers, periodicals, advertising circulars, and all other printed materials that may be distributed through the use of newsracks.

Newsrack means any unmanned, self-service or coin-operated box, container, storage unit or other dispenser located in or upon, or projecting onto, into, or over, any part of the public rights-of-way, and which is installed, used or maintained for the display, sale, or distribution of newspapers and other publications. Unless the context clearly indicates otherwise, newsrack includes both individual newsracks and modular newsracks.

Newsstand means any manned building, stand, booth or other structure located in or upon the public rights-of-way, and from which an attendant displays, sells or distributes newspapers or other publications.

Owner means the person or other legal entity that either owns a newsrack, or is responsible for its operation and maintenance.

Public rights-of-way means and includes all highways, streets, alleys, sidewalks, and other real property or easements that are owned or controlled by the city or county, including the areas above and below such easements, and that are reserved or used for pedestrian or vehicular traffic.

Publisher means the person or other legal entity selling, displaying or distributing newspapers or other publications in a newsrack.

Regional Center means and includes all public rights-of-way located in the Regional Center, as established in section 742-201 of the Code.

(G.O. 98, 1999, § 1; G.O. 15, 2001, § 119; G.O. 63, 2009, § 81; G.O. 41, 2016, § 2)

Cross reference— Definitions generally, ch. 102.

(a)

In furtherance of the purposes of this chapter, the city by and through the division of construction and business services shall enter into a contract with one (1) modular newsrack provider, or otherwise provide, for the placement and maintenance of modular newsracks in the modular newsrack district; and the city may enter into contracts with one (1) or more modular newsrack providers, or otherwise provide, for the placement and maintenance of modular newsracks in other areas of the city.

After the year 2002, the total number of compartments in modular newsracks in the modular newsrack district may be increased or decreased only on the basis of market supply or demand, or consistent with the purposes stated in section 645-801 of this Code. The contract shall also ensure that modular newsracks shall be placed in locations throughout the district that afford easy, convenient service to pedestrians, but that do not obstruct or interfere with access to abutting properties, and that do not impede or endanger pedestrian, bicycle or vehicle traffic.

(b)

A contract under this section would include, but not be limited to, the following terms and conditions:

(1)

In consideration of the placement and maintenance of modular newsracks, the city shall grant to the modular newsrack provider a license with respect to the real property where the modular newsracks will be placed;

(2)

A detailed description and photograph or scale drawing of the modular newsrack, including its dimensions, number of separate compartments, and method of attachment to the public rights-of-way;

(3)

A scale drawing or site plan for each modular newsrack, showing its placement relative to existing buildings, curbs and other fixtures and appurtenances in the surrounding public rights-of-way for a minimum of twenty-five (25) feet in any direction; and

(4)

The terms of any contract between the modular newsrack provider and the publishers of such newspapers and other publications, including the method by which the modular newsrack provider determines the newspaper's or other publication's position within the modular newsrack.

(c)

Prior to entering a contract under this section, the city may conduct such investigations, surveys, or test programs it deems reasonable or necessary to determine any of the following: whether modular newsracks would promote the stated purposes and requirements of this chapter; what different services, and modular newsrack styles and features, are offered by prospective modular newsrack providers; the degree of public acceptance and use of modular newsracks; and the areas and exact locations where modular newsracks may be placed.

(d)

After the division and a prospective modular newsrack provider have agreed upon the terms and conditions of a contract under this section, but prior to entering the contract, the division shall publish notice in accordance with IC 5-3-1 of a public hearing to be held by the division. The notice shall appear at least ten (10) days before the hearing is held, and state the date, place, and hour of the hearing, and a summary of the principal terms of the contract. The proposed contract shall be available for public inspection from the date of publication of notice through the end of the public hearing. The sole purpose of the public hearing is to receive public comment on the proposed contract, and all persons are entitled to be heard as to whether the city should enter into the contract. Based upon the public comments received at the hearing, and such other matters as the division may consider, the proposed contract may be modified prior to its execution.

(e)

It shall be unlawful to place or maintain a modular newsrack upon the public rights-of-way, except as provided in this section.

(G.O. 98, 1999, § 1; G.O. 71, 2008, § 32; G.O. 63, 2009, § 82; G.O. 41, 2016, § 2)

(a)

Each compartment in a modular newsrack shall contain copies of only one (1) newspaper or other publication, and have a door that is sized to fit and display such newspaper or other publication.

(b)

The modular newsrack provider shall make available enough compartments in each modular newsrack to accommodate all publishers who initially wish to distribute their newspapers and other publications at that location, up to a maximum of twelve (12) compartments per newsrack in the modular newsrack district, and up to a maximum of eight (8) compartments per newsrack in the Regional Center. If more than twelve (12) publishers, or eight (8) publishers, respectively, wish to distribute newspapers or other publications at that location, then the modular newsrack provider shall allocate the compartments, as follows:

(1)

Priority shall be given to publishers who continuously have distributed newspapers or other publications in newsracks at that location for more than twelve (12) months before the effective date of this article, as indicated by the publisher's affidavit provided to the modular newsrack provider;

(2)

Among publishers who have priority under this subsection, compartments shall be allocated first to newspapers and other publications issued at least five (5) days per week, second to newspapers and other publications issued between two (2) and four (4) days per week, third to newspapers and other publications issued once a week, and fourth to newspapers and other publications issued less frequently;

(3)

If there are more compartments than publishers with priority under this section, then the modular newsrack provider shall allocate the remaining compartments among publishers who do not have priority, first to newspapers and other publications issued at least five (5) days per week, second to newspapers and other publications issued between two (2) and four (4) days per week, third to newspapers and other publications issued once a week, and fourth to newspapers and other publications issued less frequently;

(4)

Notwithstanding the requirements of this subsection, no newspaper or other publication may receive a second space in a modular newsrack until all other interested publishers have had the opportunity to have their newspaper or other publication allocated to a compartment;

(5)

Whenever additional compartments become available, they shall be allocated in the manner described in this subsection; and

(6)

In the event two (2) or more publishers have equal priority under this subsection, then allocation shall be by lottery or other random method.

(c)

The opportunity of publishers to have their newspapers and other publications distributed from a modular newsrack shall not be affected whatsoever by their content, consistent with the First Amendment to the United States Constitution.

(G.O. 98, 1999, § 1)

(a)

This section applies to individual newsracks located in the Regional Center on and after January 1, 2001, and to modular newsracks.

(b)

Newsracks shall be constructed of a minimum of twenty-four-gauge steel; however, the use of galvanized steel is optional.

(c)

Individual newsracks shall be either a Kaspar Sho-Rack model number 4916, with tray number MB1, MB2 or MB3 in conjunction with pedestal number MP2 or MP3, as manufactured by Kaspar Wire Works, Inc. (P.O. Box 1127, Shiner, Texas), or a K-Jack model number 50, with tray number 791, 792 or 793 in conjunction with pedestal number 806, as manufactured by K-Jack Engineering Company, Inc. (1522 West 134 ^th Street, Gardena, California), or such other equivalent model which is of the same size, dimensions, materials and style as those specified in this subsection.

(d)

Newsracks shall be dark green, matching the color and tint of "Pantone Matching System Color No. 553 C," a registered trademark of Pantone, Inc. (590 Commerce Boulevard, Carlstadt, New Jersey), with a forty (40) percent gloss factor.

(e)

Newsracks shall be coated with electrostatically applied Powdura polyester powder with Sherwin Williams Slip-agents and Super Durable TBIC curing agent, or the equivalents thereof, for superior outdoor exposure qualities. Each cabinet component shall be placed in an oven heated to four hundred ten (410) degrees Fahrenheit for thirty (30) minutes to ensure the coating's hardness. The coating shall be applied to a minimum thickness of five (5) mils (125 microns), and shall meet the following "American Society of Testing Materials" standards: for adhesion, ASTM D3359; for hardness, ASTM D3363; for impact, ASTM D2794; and for humidity, ASTM D2247.

(f)

Modular newsracks may bear a single commercial advertising sign, located only on the side of the modular newsrack which faces the nearest street; such sign shall not be larger than eighteen (18) square feet.

(g)

Individual newsracks may not display any cardholders or advertising, but may display the trademark name or logo of the newspaper or other periodical being dispensed therefrom on the sides and back of the newsrack, but only within an area the maximum height of which is two (2) inches, and only in letters or symbols which are white or off-white in color.

(G.O. 98, 1999, § 1)

(a)

This section applies to individual newsracks which do not conform to the standards provided in section 645-813 of this Code.

(b)

An individual newsrack shall have the following dimensions:

(1)

The height shall be at least thirty-five (35) inches, but not greater than fifty (50) inches;

(2)

The width, measured at the widest point, shall not be less than fifteen (15) inches or greater than twenty-five (25) inches; and

(3)

The depth, measured at the widest point, shall not be less than fifteen (15) inches or greater than twenty (20) inches.

(c)

An individual newsrack which is not bolted or attached permanently to the public rights-of-way shall be secured by a weighted base or pedestal to prevent the newsrack from being tipped over or upset by the elements or by minimal contact from passersby, or otherwise.

(d)

An individual newsrack may display the trademark name, colors and logo of the newspaper or other periodical being dispensed therefrom, but only within an area the maximum height of which is two (2) inches. An individual newsrack may display a rack card, located only on one (1) side of the exterior of the newsrack, to announce the news of the day or other appropriate information.

(e)

It shall be unlawful to own or maintain an individual newsrack upon the public rights-of-way which does not conform to the standards of either this section or section 645-813 of this Code.

(G.O. 98, 1999, § 1)

(a)

Each individual newsrack that is located in the Regional Center on January 1, 2001, or thereafter shall be bolted or attached permanently to the public rights-of-way in such a manner as to meet American Society of Civil Engineers (ASCE) wind load calculations, as evidenced by a certified engineer's report, including calculations and a certified engineer's drawing defining and/or illustrating the method of attachment to be used to meet or exceed a maximum of one hundred ten (110) mile per hour wind velocity.

(b)

Each individual newsrack that is bolted or attached permanently to the public rights-of-way shall be licensed as an encroachment under the provisions of Article V, Division 3 of this chapter; however, because the city receives a valuable consideration from all such newsracks, the administrator as assigned by the deputy director of the division of construction and business services shall waive the encroachment license fees for such newsracks, as provided in section 645-579 of this Code.

(c)

Within ten (10) days after the owner of an individual newsrack files a petition for an encroachment license under Article V, Division 3 of this chapter, the division of construction and business services shall complete its investigation and issue to the owner either the license, or a written notice of denial. A petition for an individual newsrack encroachment license may be denied only for the reason that:

(1)

The petition for the license contains incorrect information; or

(2)

The placement of an individual newsrack on the public rights-of-way, as requested in the petition, does not comply with this division.

If such division denies an encroachment license petition for an individual newsrack, the written notice shall state the specific reasons for the denial, and what specific actions, if any, would be necessary for the license to be issued.

(d)

An appeal under section 645-578 of this Code with regard to an individual newsrack encroachment license or petition therefor shall be heard within twenty (20) days following receipt of the appeal, unless the parties mutually agree to an extension of this time period. The parties shall be given at least ten (10) days advance written notice of the time and place of the hearing, and a reasonable opportunity to participate in the hearing. The board of business and neighborhood services shall render its decision in writing within five (5) days after the hearing; a copy of the decision shall be delivered to the parties, and a certified copy shall be kept on file by the secretary of the board of business and neighborhood services. The decision of such board may be appealed to a court of competent jurisdiction within thirty (30) days following the date the decision was issued, and such court, pursuant to its rules of procedure, shall provide the opportunity for a prompt hearing and prompt decision by a judicial officer. Failure to file an appeal within the time period provided by this subsection shall constitute a waiver of the right to appeal.

(e)

Within five (5) days following the expiration of an encroachment license for an individual newsrack, the owner shall remove the newsrack and cause any necessary restoration or repair of the public rights-of-way to be made.

(G.O. 98, 1999, § 1; G.O. 171, 1999, § 2; G.O. 15, 2001, § 120; G.O. 3, 2002, § 39; G.O. 63, 2009, § 83; G.O. 41, 2016, § 2)

(a)

An individual newsrack shall be placed in a location which affords easy, convenient service to pedestrians, but which does not obstruct or interfere with access to abutting properties, and which does not impede or endanger pedestrian, bicycle or vehicle traffic. Accordingly, an individual newsrack shall not be placed as follows:

(1)

Within the modular newsrack district, or within a radius of two hundred fifty (250) feet in any direction from a modular newsrack not located in the modular newsrack district;

(2)

Upon a sidewalk directly in front of an entrance to a building, or adjacent to a designated bus stop zone, loading zone, taxi stand, or handicapped parking space;

(3)

In such a manner as to obstruct sight lines at street intersections, within the triangle area formed by the street curblines and a line connecting points twenty-five (25) feet from the intersection of the curblines extended;

(4)

Within twelve (12) feet of a fire hydrant;

(5)

Within eight (8) feet of any METRO bus shelter, METRO bus sign in the direction of traffic flow, or within twenty (20) feet of any METRO bus sign in the direction against traffic flow;

(6)

Within six (6) feet of an alley, pedestrian crosswalk, curb cut, or location of an area licensed as an encroachment under Article V, Division III of the Code;

(7)

Within thirty (30) inches of a street curb or curbline where parking is permitted, or within eighteen (18) inches of a street curb or curbline where parking is not permitted;

(8)

Within two (2) feet of a parking meter, mailbox, bench, light post, planter, or tree (measured from the nearest edge of the tree grate); or

(9)

In such a manner that the remaining free and open sidewalk width is not at least five (5) feet in the Regional Center, or less than three (3) feet in all other areas of the city.

(b)

An individual newsrack shall not be placed against a building unless the building manager agrees to such placement in writing, the placement of the newsrack closer to the curb cannot be achieved consistent with the other placement restrictions provided in this section, and such placement does not impede pedestrian traffic.

(c)

An individual newsrack shall not be chained or otherwise attached to any tree, bench, sign post or other fixture whatsoever.

(d)

It shall be unlawful to own or maintain an individual newsrack upon the public rights-of-way in a manner which does not conform to the requirements of this section.

(G.O. 98, 1999, § 1; G.O. 25, 2010, § 13)

Editor's note— G.O. 25, § 42, passed June 7, 2010, shall be in effect from and after (a) its passage by the Council and compliance with IC § 36-3-4-14 or (b) August 1, 2010, whichever last occurs.

(a)

The exterior of each newsrack shall bear a label which contains the name, address and telephone number of the owner. Such label shall be inconspicuous in size and color, and placed in such a location so as to be readily visible.

(b)

Each newsrack shall have a self-closing, spring-loaded door for each enclosed compartment, and each newsrack which offers newspapers or other publications for sale shall be equipped with a functional coin-return mechanism which permits customers to secure an immediate refund if the door is inoperable. The door and coin return mechanisms of newsracks shall be maintained in good working condition, and the owner shall cause any malfunction in their operation to be repaired promptly.

(c)

Each newsrack shall be maintained by its owner in a reasonably clean condition, and without limiting the generality of the foregoing, shall be free of dirt and grease, rust and corrosion in visible metal areas, graffiti, discolored or bare surfaces, chipped, faded, cracked and peeling paint, cracked, dented or broken components, pasted bills and other debris, including ruined or out of date publications.

(d)

No newsrack shall be abandoned; however, in the event a newsrack is abandoned due to a labor action or strike affecting the distribution of newspapers and other publications dispensed from the newsrack, and the owner or publisher so notifies the director in writing, then the newsrack or compartment shall not be deemed abandoned or unserviced until the labor action or strike is resolved.

(G.O. 98, 1999, § 1)

(a)

Each owner of a newsrack in the public rights-of-way shall provide to the director a current certificate of insurance, naming the city as an additional insured party, of a general liability or commercial general liability policy with a minimum limit of total coverage in the amount of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for bodily injury liability and property damage liability. The owner shall maintain the insurance described by this section so long as the owner owns or maintains a newsrack in the public rights-of-way, and the failure to do so shall be a violation of this Code.

(b)

Each owner of a newsrack in the public rights-of-way shall agree to execute and deliver to the director a written agreement under which such person, in exchange for the permission to place a newsrack in the public rights-of-way, agrees to indemnify, hold harmless and defend the city, its officers, agents and employees from any loss, liability, or damage sustained by any person as a result of the placement or maintenance of a newsrack in the public rights-of-way.

(G.O. 98, 1999, § 1)

(a)

With respect to any newsrack which has been abandoned, or does not comply with the requirements of this division, the city may issue a written notice of violation and an order to correct the violation. The notice shall be directed to the owner of the newsrack as listed thereon, by certified mail with return receipt requested, and shall include the following information:

(1)

The date of the notice, and a specific description of the violation;

(2)

An order that the owner must correct the violation, or remove the newsrack from the public rights-of-way and make any necessary restoration or repair of the public rights-of-way, within seven (7) days after receipt of the notice;

(3)

The procedure for the owner to dispute the notice of violation; and

(4)

The legal consequences of a failure to correct or dispute the violation in a timely manner.

(b)

Within seven (7) days after receipt of the notice, the newsrack owner shall:

(1)

Take all necessary measures to correct the violation by the performance of required maintenance, repair or otherwise;

(2)

Remove the newsrack and make any necessary restoration or repair of the public rights-of-way; or

(3)

If the owner wishes to dispute the violation, the owner shall give written notice to the director, including a statement of the reasons the owner believes the newsrack was not in violation.

Upon the owner's failure to correct the violation or give notice to the director within the time period and in the manner provided in this subsection, the city may cause the newsrack to be removed from the public rights-of-way.

(c)

Within twenty (20) days following receipt of a written notice to dispute the violation, the director shall conduct an administrative hearing to determine if the newsrack is in violation of this division, unless the parties mutually agree to an extension of this time period. The parties shall be given at least ten (10) days advance written notice of the date, time and place of the hearing, and a reasonable opportunity to participate in the hearing. The director shall conduct the hearing in the manner prescribed for adjudicative proceedings by IC 4-21.5-3-1 through 4-21.5-3-37, and the director may require that testimony be given under oath.

(d)

Within five (5) days following a hearing, the director shall either affirm or rescind the notice of violation, and cause written notice of the decision and specific findings of fact to be served upon the parties. The decision of the director shall be subject to judicial review as provided by IC Chapter 4-21.5-5. If the notice of violation is affirmed, the decision shall include an order to correct the violation within thirty (30) days following the date of the decision, and specify what actions would be necessary to correct the violation. Upon the owner's failure to comply with such an order in a timely manner, the city may cause the owner's newsrack to be removed from the public rights-of-way; provided, however, that if the owner files a timely petition for judicial review, then removal of the newsrack shall be stayed pending final disposition of the judicial proceedings.

(e)

The procedures provided by this section are supplemental to those of section 103-3 of this Code, and do not affect the right of the city to initiate enforcement proceedings under that section for any violation of this division. Each day a newsrack remains abandoned or not in compliance with this division shall constitute a separate violation.

(G.O. 98, 1999, § 1)

(a)

Notwithstanding any other provision of this Code, the city may cause to be removed from the public rights-of-way, without prior notice to the owner, a newsrack which:

(1)

Presents a clear and present danger to the public, or substantially impedes the use of the public rights-of-way by pedestrians;

(2)

Does not bear the name and address of the owner; or

(3)

Is an individual newsrack located in the modular newsrack district.

Further, nothing herein shall impair the right of the city, acting through its authorized employees or agents, immediately and without notice, to place a fallen individual newsrack in its upright position, or to move such a newsrack that has had its position disturbed to its original and proper location.

(b)

Within forty-eight (48) hours after a newsrack has been impounded under this section or section 645-819 of this Code, the city shall give written notice of the impoundment to the owner, using the name and address listed thereon. If there is no name, address or telephone number listed on the newsrack, then the city shall make a reasonable effort to determine the owner, for the purpose of notifying such person of the impoundment. The notice shall inform such person of the procedure to claim the impounded newsrack, including the administrative cost of impoundment and storage, if any, the time within which the newsrack must be claimed, and the legal consequences of failure to claim the newsrack in a timely manner.

(c)

The administrative costs to the owner of a newsrack which has been impounded are an impoundment fee of ten dollars ($10.00) for each individual newsrack and forty dollars ($40.00) for each modular newsrack, a storage fee of two dollars ($2.00) per day for each individual newsrack and eight dollars ($8.00) per day for each modular newsrack, and the actual cost of any necessary restoration or repair of the public rights-of-way. The fees provided by this subsection shall be paid to the city prior to the return of the newsrack to the owner.

(d)

No sooner than thirty (30) days after the date of notice of impoundment, or thirty (30) days after the date of impoundment if there is no notice of impoundment, the city may dispose of any impounded and unclaimed newsrack under the procedures established by statute and ordinance for the disposal of property.

(G.O. 98, 1999, § 1)

The placement and location of a newsstand shall be subject to the same considerations and restrictions prescribed for individual newsracks under section 645-816 of this Code.

(G.O. 98, 1999, § 1)

It shall be unlawful for any person to erect, locate, construct, maintain or operate a newsstand on any public rights-of-way without first obtaining a newsstand permit therefor from the division of construction and business services. No charge shall be made for the permit, unless otherwise required by this Code. A permittee under this section shall not be required to obtain a transient merchant activity license under Chapter 987 of this Code, or an encroachment license under Article V, Division 3 of this chapter, for a newsstand.

(G.O. 98, 1999, § 1; G.O. 63, 2009, § 84; G.O. 41, 2016, § 2)

(a)

Application for a permit required by this division shall be made to the division of construction and business services on such form as required and provided by the division of construction and business services, and shall be signed by the applicant. The application shall contain the following information:

(1)

The name and address of the applicant;

(2)

A scale drawing or site plan showing the proposed location of the newsstand relative to existing buildings, curbs and other fixtures and appurtenances in the surrounding public rights-of-way for a minimum of twenty-five (25) feet in any direction;

(3)

A detailed description of the size, construction materials, and appearance of the proposed newsstand, including a scale drawing or color photograph, and the method by which the newsstand would be attached to the public rights-of-way;

(4)

A statement that the permit shall be subject to the conditions and provisions contained therein and to all ordinances and regulations of the city; and

(5)

Such other information as the administrator as assigned by the deputy director of the division deems appropriate and necessary.

(b)

Within twenty (20) days after the director receives an application under this section, the division shall issue to the applicant either the permit, or a written notice of denial of the application. An application for a newsstand permit may be denied only for the reason that:

(1)

The application for the permit contains incorrect information; or

(2)

The placement of a newsstand on the public rights-of-way, as requested in the application, does not comply with this division, or is prohibited by law.

If the division denies a newsstand permit application, the written notice shall state the reasons for the denial, and specify what actions, if any, would be necessary for the permit to be issued.

(c)

The denial of an application for a newsstand permit may be appealed to a court of competent jurisdiction within thirty (30) days following the date the denial was issued, and such court, pursuant to its rules of procedure, shall provide the opportunity for a prompt hearing and prompt decision by a judicial officer. Failure to file an appeal within the time period provided by this subsection shall constitute a waiver of the right to appeal.

(G.O. 98, 1999, § 1; G.O. 63, 2009, § 84; G.O. 41, 2016, § 2)

(a)

A newsstand permit shall have a term of one (1) year, expiring on the last day of December of each year, and may be renewed upon the same terms and conditions. Such permit shall state the name and address of the permittee and the location of the newsstand, and be posted in a prominent location on the exterior of the newsstand.

(b)

A newsstand permit shall be issued upon the condition that the permittee shall:

(1)

Conduct and maintain the newsstand in such a manner that it will not create a nuisance or become inimical to the public welfare, or detract from the aesthetic character of the surrounding area;

(2)

Indemnify and save the city harmless against all liability that may result to the city in consequence of the granting of the permit and maintenance and use of the newsstand;

(3)

Provide to the division of construction and business services a current certificate of public liability insurance in coverage amounts established by the corporation counsel, insuring the permittee and naming the city as an additional insured party throughout the term of the permit; and

(4)

Comply with all laws statutes, ordinances, and regulations promulgated thereunder, as well as any pertinent orders and decisions of public officials.

In addition, the division may make the permit subject to any reasonable conditions permitted by law, and which promote the stated purposes of this article.

(c)

Within ten (10) days following the expiration or revocation of a newsstand permit, the owner shall remove the newsstand, and cause any necessary restoration or repair of the public right-of-way to be made; provided, however, that if the revocation of a permit has been appealed to a court of competent jurisdiction, then the removal of the newsstand shall be stayed pending final disposition of the judicial proceedings.

(G.O. 98, 1999, § 1; G.O. 63, 2009, § 84; G.O. 41, 2016, § 2)

(a)

A newsstand shall not be abandoned, or left open but unattended. When a newsstand is not open for business, it shall be securely closed and locked, and all newspapers and other publications and goods which are susceptible to movement by the elements or by unauthorized persons shall be enclosed within the newsstand or otherwise removed by the permittee.

(b)

A permittee under this division shall maintain the condition and appearance of a newsstand in the same manner prescribed for newsracks under section 645-817 of this Code, and shall ensure that the public rights-of-way in the immediate area of the newsstand shall not become littered.

(c)

Sales of newspapers and other publications shall not be accomplished by crying out or hawking.

(d)

The opportunity for publishers to have their newspapers and other publications distributed from a newsstand shall not be affected whatsoever by their content; however, the sale or keeping at any newsstand of anything unlawful or obscene in character is prohibited, and a violation of this Code.

(G.O. 98, 1999, § 1)

A person who violates any of the provisions of this division shall be subject to enforcement proceedings under section 103-3 of this Code, and each day a newsstand remains in violation shall constitute a separate violation. Upon a finding of violation, the newsstand permit shall be revoked and the permittee shall be denied the privilege of obtaining another newsstand permit for a period of one (1) year.

(G.O. 98, 1999, § 1)