§ 10-28-281.3 — Application fees; permit fees

10-28-281.3 Application fees; permit fees.

(A) Obstruction of a public place. (1) Annual fee. For an obstruction of a public place for a Type III activity, the permittee shall pay a yearly fee of $100.00. For an obstruction of a public place for a Type I and a Type II activity, the fee shall be $50.00 per permit. (2) Permit application fee. An application for a permit for obstruction of the public way shall include a permit application fee set by the Commissioner and published on a publicly accessible website. The Commissioner may distinguish and provide different permit application fees based on, among other reasonable distinctions, location, type of public way, partial or full obstruction of the public way, and by type of obstruction, including canopies, work vehicles, equipment, and barricades. (3) CPI adjustments. Beginning January 2027, and each January thereafter, the permit application fees referenced in subsection (A)(2) and permit fees listed in subsections (B), (C), (D), and (I) of this section shall automatically be increased in proportion to any increase in the CPI adjustment, as defined in Section 1-4-090, up to 2.5 percent in any one year, or in a lesser amount that the Commissioner determines is supported by the costs associated with administering such application or permit. After the calculation of fee adjustment by any of these means, the amount shall be rounded to the nearest whole dollar. The Commissioner shall publish such permit application fees and permit fees on a publicly accessible website. (4) General permit fee base line. The permit fee amounts listed in the tables in subsections (B), (C), and (D) of this Section 10-28-281.3 are for locations in the Central Business District and are current as of January 1, 2026. (a) For an obstruction of the public way outside the Central Business District the permit fees shall be one-half of the amounts in subsections (B), (C), and (D), updated accordingly each time such amounts have been subjected to a CPI adjustment. (b) For an obstruction of the public way estimated to last no longer than three days, the permit fees shall be one-half of the amounts in subsection (B), updated accordingly each time such amounts have been subjected to a CPI adjustment. (B) Obstruction of public way – initial permit fees. Within the Central Business District, for the first 180 days for a Type I and Type III activity and for the first 540 days for a Type II activity, the permit fees per month for each foot of frontage obstructed shall be as follows: Initial Permit Fees: Type of obstruction | Permit fee Type of obstruction | Permit fee Sidewalk or parkway - partial closure | $5.00, but in no event less than $96.00 per month Sidewalk or parkway - total closure | $10.00, but in no event less than $192.00 per month Bicycle lane - total closure | $10.00, but in no event less than $192.00 per month Street lane containing parking spaces | $24.00, but in no event less than $480.00 per month Street lane normally used for vehicular traffic, including a bus lane | $48.00, but in no event less than $960.00 per month Alley - if a lane of at least 10 feet is left unobstructed | $12.00, but in no event less than $240.00 per month Alley - if a lane of at least 10 feet is not left unobstructed | $24.00, but in no event less than $480.00 per month (C) Type I and Type III activity permit fees – after first 180 days. In the event that the permittee seeks to continue its permitted status for a Type I or Type III activity after 180 days, the permit fees for each month of each foot of frontage used shall be as set forth in this subsection, except that after 720 days, and every 180 days thereafter, the monthly permit fee shall increase by an additional $4.00 inside the Central Business District ($2.00 outside in the Central Business District) for each foot of frontage obstructed for the partial closure of a sidewalk or parkway, and by an additional $8.00 inside the Central Business District ($4.00 outside in the Central Business District) for each foot of frontage obstructed for the total closure of a sidewalk or parkway. Such permit fee shall be calculated based on the total continuous days for which the sidewalk or parkway is obstructed, notwithstanding any change in permittee. Type I and Type III activity permit fees - after 180 days: Type of obstruction | 181 – 360 days after the initial permit date | 361 – 540 days after the initial permit date | More than 541 days after the initial permit date Type of obstruction | 181 – 360 days after the initial permit date | 361 – 540 days after the initial permit date | More than 541 days after the initial permit date Sidewalk or parkway - partial closure | $10.00, but in no event less than $192.00 per month | $14.00, but in no event less than $288.00 per month | $19.00, but in no event less than $384.00 per month Sidewalk or parkway - total closure | $19.00, but in no event less than $384.00 per month | $29.00, but in no event less than $576.00 per month | $38.00, but in no event less than $768.00 per month Bicycle lane - total closure | $19.00, but in no event less than $384.00 per month | $29.00, but in no event less than $576.00 per month | $38.00, but in no event less than $768.00 per month Street lane containing parking spaces | $48.00, but in no event less than $960.00 per month | $72.00, but in no event less than $1,440.00 per month | $96.00, but in no event less than $1,920.00 per month Street lane normally used for vehicular traffic, including a bus lane | $96.00, but in no event less than $1,920.00 per month | $144.00, but in no event less than $2,880.00 per month | $192.00, but in no event less than $3,840.00 per month Alley - if a lane of at least 10 feet is left unobstructed | $24.00, but in no event less than $480.00 per month | $36.00, but in no event less than $720.00 per month | $48.00, but in no event less than $960.00 per month Alley - if a lane of at least 10 feet is not left unobstructed | $48.00, but in no event less than $960.00 per month | $72.00, but in no event less than $1,440.00 per month | $96.00, but in no event less than $1,920.00 per month (D) Type II activity permit fees – after first 540 days. In the event the permittee seeks to continue its permitted status for a Type II activity after 540 days, the permit fees for each month of each foot of frontage used shall be as follows: Type II activity permit fees - after 540 days: Type of obstruction | After 540 days Type of obstruction | After 540 days Sidewalk or parkway - partial closure | $10.00, but in no event less than $192.00 per month Sidewalk or parkway - total closure | $19.00, but in no event less than $384.00 per month Bicycle lane - total closure | $19.00, but in no event less than $384.00 per month Street lane containing parking spaces | $48.00, but in no event less than $960.00 per month Street lane normally used for vehicular traffic, including a bus lane | $96.00, but in no event less than $1,920.00 per month Alley - if a lane of at least 10 feet is left unobstructed | $24.00, but in no event less than $480.00 per month Alley - if a lane of at least 10 feet is not left unobstructed | $48.00, but in no event less than $960.00 per month (E) The use of a construction canopy which obstructs the public way, but allows for pedestrians to pass under the structure, shall be considered a partial closure for the calculation of the above permit application fees and permit fees. (F) The charges described in this section shall be cumulative by type of obstruction, and, for permit fees, any period over three days shall be counted as a full month in calculating these charges. These charges are in addition to any appropriate charges for restoration of the public way due to alteration or damage, loss of parking meter revenues, for costs of relocation of parking meters, and for costs of relocation of traffic control devices. (G) Duration of an obstruction shall be calculated from the original date of the obstruction to its removal, regardless of the number of amended permit periods; however, if a permit is issued for a construction canopy for the purposes of demolition (a Type I activity) and the construction canopy remains in place during subsequent new construction (a Type II activity), a new Type II permit is necessary and the duration of the obstruction shall be calculated from the date of the new permit. (H) In addition to any other fee required by this section, a reinspection fee of $100.00 shall be assessed against any person issued a permit under this section whenever the Department of Transportation conducts a reinspection after an initial inspection to verify compliance with the Code or any conditions of the permit issued under this section. A reinspection fee shall also be assessed whenever any scheduled inspection by the Department of Transportation cannot take place because of the absence of, or other action or inaction, taken by the permittee. (I) The Commissioner shall have the authority to issue permits and set reasonable permit fees for such permits for obstruction of the public way by vehicles and equipment whether being used in conjunction with a Type I activity, Type II activity, or Type Ill activity or for any other purpose, including but not limited to the permit fees provided below. The permit fees set by the Commissioner may be based on the amount of public way space occupied, the type of public way space occupied, the time spent occupying the space, the location in town such as inside or outside the Central Business District, the type of vehicle or equipment, or any other reasonable distinction. Any time the use of any vehicle or equipment requiring the permits described in the table below or those promulgated under the Commissioner’s authority coincide with activity requiring permits described in subsections (B), (C), or (D), the permittee shall be responsible for both sets of charges. The following permit types and permit fees are current as of January 1, 2026: Permit by vehicle or equipment type or use | Fee for locations outside Central Business District | Fee for locations inside Central Business District Moving van parking in the public way | $30.00 per day per vehicle | $60.00 per day per vehicle Work vehicle parking in the public way | $30.00 per day per vehicle | $60.00 per day per vehicle Citywide parking in the public way permit (annual) | $600.00 (covers all locations in the City for one-year term) (Added Coun. J. 12-4-02, p. 99026, § 7.1; Amend Coun. J. 11-19-08, p. 48243, Art. I, § 1; Amend Coun. J. 11-26-19, p. 11514, Art. II, § 2; Amend Coun. J. 12-19-25, p. 38125, Art. VI, § 1)