Modesto Municipal Code Art. 17 Temporary Use of Sidewalks, Streets and On-Street and Off-Street Parking…

The Director of Public Works or authorized designee, is hereby authorized to grant permits for the temporary use of the following public facilities:

(a) Temporary closing of City streets;

(b) Temporary use of City sidewalk areas; and

(c) Temporary use of on-street parking and/or off-street spaces.

Before granting a permit for the temporary use of closing a City street as provided in subsection (a) of this section, the Director of Public Works shall obtain the recommendation of the Traffic Engineer.

Every person who seeks to obtain the above-described permit shall pay to the Finance Department an application fee in an amount as established from time to time by resolution of the City Council to cover the costs of processing the permit application.

(Added by Ord. 538-C.S., amended by Ord. 2532-C.S., § 1, Ord. 3127-C.S., § 1, and Ord. 3363-C.S., § 1, effective 12-9-04)

(Ord. No. 3716-C.S., effective 3-12-20)

Applications made to the Council for the temporary use of on-street or off-street parking spaces, use of sidewalk areas, or the temporary closing of City streets shall be referred by the City Clerk to the Director of Public Works for handling.

(Added by Ord. 538-C.S., effective 12-4-62)

(Ord. No. 3716-C.S., effective 3-12-20)

The Director of Public Works or authorized designee shall issue a permit therefor pursuant to the provisions of this article if he finds from a consideration of the application and such other information as he may otherwise obtain or have knowledge of that:

(a) The granting of the request will not substantially interrupt the safe, orderly movement of vehicular traffic on the public streets or pedestrian traffic on the sidewalk areas.

(b) The granting of the request will not unduly interfere with the furnishing of proper fire and police protection.

(c) The granting of the permit is not reasonably likely to cause injury to persons or property.

(d) If the request is for parking spaces or sidewalk area, that the use of said parking spaces or sidewalk area requested is not related to a profit-making activity or enterprise.

(e) If he finds that the granting of the permit is in the public interest.

This section shall not prohibit the Chief of Police from allowing the use of parking spaces by contractors for the parking of their vehicles, or the elimination of parking, if either is necessary for building repairs or construction.

The Director of Public Works shall have the authority to place such reasonable conditions or restrictions on the permit as he may deem necessary to protect the public interest, including a requirement in the permit that the permittee furnish the City with public liability and property damage insurance, if he finds such to be in the public interest.

(Added by Ord. 538-C.S., effective 12-4-62)

(Ord. No. 3716-C.S., effective 3-12-20)

In the event the Director of Public Works is of the opinion that action on the request should more appropriately be taken by the Council, he shall refer the matter to the City Clerk for placement on the Council agenda for the next regular Council meeting.

(Added by Ord. 538-C.S., effective 12-4-62)

(Ord. No. 3716-C.S., effective 3-12-20)

Any permit granted pursuant to this article shall contain the following provisions, which, by acceptance of the permit, the permittee faithfully agrees to perform:

(a) The permittee, its successors and assigns, during the term of the permit, shall indemnify and save the City harmless of and from all damages, costs and charges of any kind or character arising out of or relating thereto, or in any way connected with the exercise of the rights granted by the permit.

(b) The permittee, its successors and assigns, shall comply with all laws of the City.

(c) The permittee, its successors and assigns, at its own cost and expense, shall defend any and all law suits, if any, arising out of or in any way connected with the exercise of the rights granted by the permit.

The permittee shall be required to sign a copy of the permit, which shall be maintained on file with the Finance Department; and no right shall be conferred by any permit authorized under this article until said written consent is executed by the permittee.

(Added by Ord. 538-C.S., effective 12-4-62)

(Ord. No. 3716-C.S., effective 3-12-20)