§ 49-489 — Permits

Sec. 49-489. - Permits.

(a) Permits issued in accordance with this division are revocable permits which are not intended and shall not be construed as creating in the permittee any vested right, title or interest in the permit. Permits may be revoked without cause by the manager of transportation and infrastructure upon fifteen (15) days written notification to the permittee. (b) When the city orders the removal of a bench or benches, kiosk or kiosks, or shelter or shelters, such removal shall be accomplished within thirty (30) days after the transmittal of such request by certified or registered mail, return receipt requested. Failure to effect such removal within the thirty (30) day time limit may result in removal of the bench or benches, kiosk or kiosks or shelter or shelters, by the city and a fee of five hundred dollars ($500.00) per kiosk or bench, or one thousand dollars ($1000.00) per shelter, plus the cost of removal and storage of said benches, kiosks or shelters. The fee must be paid prior to retrieval of the bench, kiosk or shelter, and no permit or renewal permit shall be issued until such fee is remitted. (c) Permits for kiosks, shelters and city standard benches may be issued at any time during the calendar year, upon application and payment in full of the required fees. No permit or renewal of a permit shall be issued unless the permittee has remitted all the required fees. (d) Kiosk and shelter permits issued in accordance with this division shall expire on August 1 of the applicable year. Renewal permits issued in accordance with this division are revocable permits. Applications for renewal shall be submitted to the department of transportation and infrastructure no later than the first business day of July of the applicable year, or as per rules and regulations promulgated by the manager of transportation and infrastructure. Permittee's failure to submit a renewal application by the first business day of July of the year the permit is scheduled to expire or as per rules and regulations promulgated by the manager of transportation and infrastructure shall result in the forfeiture of the ability to renew a permit except as otherwise provided by this division. (a) Permits issued in accordance with this division are revocable permits which are not intended and shall not be construed as creating in the permittee any vested right, title or interest in the permit. Permits may be revoked without cause by the manager of transportation and infrastructure upon fifteen (15) days written notification to the permittee. (b) When the city orders the removal of a bench or benches, kiosk or kiosks, or shelter or shelters, such removal shall be accomplished within thirty (30) days after the transmittal of such request by certified or registered mail, return receipt requested. Failure to effect such removal within the thirty (30) day time limit may result in removal of the bench or benches, kiosk or kiosks or shelter or shelters, by the city and a fee of five hundred dollars ($500.00) per kiosk or bench, or one thousand dollars ($1000.00) per shelter, plus the cost of removal and storage of said benches, kiosks or shelters. The fee must be paid prior to retrieval of the bench, kiosk or shelter, and no permit or renewal permit shall be issued until such fee is remitted. (c) Permits for kiosks, shelters and city standard benches may be issued at any time during the calendar year, upon application and payment in full of the required fees. No permit or renewal of a permit shall be issued unless the permittee has remitted all the required fees. (d) Kiosk and shelter permits issued in accordance with this division shall expire on August 1 of the applicable year. Renewal permits issued in accordance with this division are revocable permits. Applications for renewal shall be submitted to the department of transportation and infrastructure no later than the first business day of July of the applicable year, or as per rules and regulations promulgated by the manager of transportation and infrastructure. Permittee's failure to submit a renewal application by the first business day of July of the year the permit is scheduled to expire or as per rules and regulations promulgated by the manager of transportation and infrastructure shall result in the forfeiture of the ability to renew a permit except as otherwise provided by this division. (e) No new or renewal permit authorized by this division shall be issued unless the applicant has demonstrated compliance with the insurance requirements set forth in section 49-463. (f) Permits issued pursuant to this division shall not be assigned to any other person, partnership, association or corporation without the express written approval of the city or as per rules and regulations promulgated by the manager of transportation and infrastructure. (g) Placing a bench, kiosk or shelter in the public right-of-way without a permit, maintaining a bench, kiosk or shelter after revocation of a permit, or violation of the bus bench, kiosk or shelter prohibitions and limitations contained herein is unlawful. Conviction of a violation of this division or any rule or regulation adopted shall be subject to the penalties set forth in section 1-13, D.R.M.C.

(Ord. No. 223-95, § 1, 3-27-95; Ord. No. 466-01, § 6, 6-4-01; Ord. No. 98-12, § 1, 2-13-12; Ord. No. 39-20, § 144, 2-3-20)