Fort Jones Municipal Code Ch. 12.04 Street and Sidewalk Obstructions

Every obstruction or encroachment on any part of any street, alley, sidewalk or gutter within the limits of the town is prohibited by this chapter, except, however, that the town council may, upon written application therefor, grant licenses for the excavation, construction, maintenance, use and operation of subsurface structures in and under streets, alleys and sidewalks for the construction, maintenance, use and operation of closures of entryways thereto, upon the following terms and conditions:

(1) The license for the excavation, construction, maintenance, use and operation of the subsurface structures and entryways thereto shall be granted only upon written application therefor by the owner or owners of the adjacent land, which application shall be signed by each and all the owners of the adjacent land;

(2) With the application the applicant shall file complete and detailed plans and specifications of the subsurface structure, the entryways thereto and areas of the street, alleys and sidewalks as are affected thereby, including a fair estimate of the length of time required for the construction of the structures and restoration of the streets, alleys and sidewalks to unencumbered surface use, as well as a description of the adjacent land owned by the applicant with the proof of ownership thereof and encumbrances thereon as the council may require;

(3) Upon filing of the application and review thereof, the owner of the adjacent lands shall furnish to and file with the town clerk a surety bond in the amount as shall be determined by the town council but not less, in any event, than $1,000.00, conditioned to indemnify, save and hold harmless the town of and from all costs, expenses, charges and damages which may result by reason of the construction of the structures and the restoration of the surface of the streets, alleys and sidewalks to unobstructed use by the public within the time estimated as provided in subsection (2) of this section;

(4) The owner of the land shall, prior to the issuance of the license, deposit with the town clerk the sum of $120.00 and shall thereafter each year, on or before the anniversary date of the license, if granted, pay to and deposit with the town the sum of $120.00 so long as the license shall continue;

(5) Prior to the commencement of any excavation or construction, the licensee shall make, execute, acknowledge and deliver to the town a duplicate of the license agreement wherein and whereby the owner shall covenant, promise and agree to indemnify, hold and save harmless the town of and from all damages and claims for damages arising by reason of the existence, use, maintenance or operation of any or all of the structures;

(6) The owner of the lands shall for himself, his heirs, successors and assigns forever, as a covenant running with the adjacent lands of the owner, undertake, covenant, promise and agree if and when the owner or owners, their heirs, successors or assigns shall cease to use, maintain or operate the structures, or any thereof, that they shall and will remove the same and restore the subsurface and surface of the streets, alleys and sidewalks to the same condition as they existed at the time of the grant of the license;

(7) The agreement of the license shall contain the terms, covenants, conditions and agreements as shall, in the discretion of the council, provide for full, complete and adequate protection off the town and the persons using the streets, alleys and sidewalks and shall be subject to termination upon 30 days' notice;

(8) Violations of this section are punishable by a fine of not more than $1,000.00, or by imprisonment for not more than six months, or by both the fine and imprisonment.

(Code 1987, §§ 12.04.010, 12.04.020)

(a) For purposes of this section, a personal mobility device is any conveyance, other than a wheelchair, designated to carry people, such as, but not limited to, bicycles, skateboards, skates or scooters.

(b) It is unlawful for any person to use or ride a personal mobility device, excluding wheelchairs, upon any sidewalk adjacent to Main Street.

(c) It is unlawful for any person to use or ride a personal mobility device upon any public or private property without the consent of the owner or operator when the property is posted in a conspicuous manner that the use is prohibited pursuant to the provisions of this section.

(d) The suitability of areas for use of personal mobility devices specifically prohibited or not specifically prohibited is not warranted and the town disclaims liability for those areas.

(e) A violation of this section shall constitute an infraction subject to a fine of not to exceed $50.00 for the first violation, $100.00 for the second violation within one year, and $250.00 for each subsequent violation within one year.

(Code 1987, §§ 12.04.030—12.04.050)