Chapter 746 - STREET USE REGULATIONS

Sec. 745.303. - Effective Date of Enforcement. Chapter 748 - STREETS AND HIGHWAYS SYSTEM Chapter 746 - STREET USE REGULATIONS[1]

Footnotes: --- (1) ---

State Law reference— Utility use of right-of-way, F.S. § 337.401.

Sec. 746.101. - Signing of property owner petitions.

The Mayor and Corporation Secretary are authorized, on behalf of the City as property owner, to sign all petitions when, in the Mayor's discretion, it is proper and necessary.

(Code 1965, § 38-5; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 606.101.

Sec. 746.102. - Removal of obstructions and encroachments.

The Sheriff may remove an unlawful encroachment or obstruction from a street, park or other public place.

(Code 1965, § 38-7; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 606.102.

Sec. 746.103. - Weighing machines on sidewalks.

Weighing machines designed for weighing persons, which machines are owned and operated by a nonprofit corporation or association which raises and uses funds solely for the benefit and relief of the needy, blind or physically handicapped persons, may be placed on the public sidewalks of the City under the following conditions and restrictions.

(a)

Each weighing machine shall have a substantial base to prevent tipping, shall be placed at the inner edge of the sidewalk and shall not extend outward in excess of 30 inches on the sidewalk.

(b)

Written consent from the occupant of the property in front of which the weighing machine is located shall be filed with the Building Inspection Division at the time of the application for a license for the weighing machine. The occupant of this property may, at any time, revoke his consent by a writing filed with the Building Inspection Division, whereupon the weighing machine may no longer be maintained at that location. The machine may be relocated under the same license upon the filing of a written consent by another property occupant.

(c)

A license for each weighing machine shall be procured before it is located. The license shall be affixed to and kept on the weighing machine until the expiration of the license.

(d)

The total number of weighing machines which are permitted to be located on the public sidewalks and the total number of licenses issued and outstanding shall at no time exceed 100 in number.

(e)

The applicant for a license shall procure and file with the application a public liability insurance policy issued by an insurance company authorized and certified to write such insurance in the State, and approved by the Office of General Counsel as to form, insuring the applicant and the City against liability in an amount of not less than $100,000 for any one person injured and not less than $300,000 for more than one person injured in any one accident, and $25,000 for all property damaged in any one accident arising out of, caused by or resulting from the location of a weighing machine on the public sidewalks. The policy shall provide that it cannot be canceled for any cause without notice in writing to the Building Inspection Division at least 15 days prior to the date of cancellation.

(Code 1965, § 38-16; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 606.103.

Sec. 746.104. - Regulations governing the placement of mailboxes, trees, bushes, planters or shrubs on the City's right-of-way and public property.

(a)

The City shall regulate the type or quality of matter, vegetation, or structures placed upon City property, public sidewalks, or rights-of-way.

(b)

A property owner desiring to place or maintain a planter, plant, tree, shrub, bush, or mailbox which shall be located adjacent to his property on (i) a sidewalk, or (ii) public property between the sidewalk and curb, or (iii) upon any City right-of-way, shall apply in writing to the Director of Public Works for a permit for planting, or structure, placement on City right-of-way, on a form prescribed by the Director of Public Works.

(c)

The application shall:

(1)

Be signed by the applicant or, in the case of an application by the City, by the Director of Recreation and Parks or his designee; and

(2)

Be accompanied by four copies of a drawing, including the property address and showing the proposed placement of the planter, plant, shrub, tree, or mailbox including all dimensions, in relation to that property and the planter, plant, shrub, tree or mailbox; and a statement demonstrating that the placement of the requested item will not cause a safety hazard or visual blight, and will not otherwise harm the health, safety, or welfare of the community wherein the item is to be placed.

(d)

The application of the property owner will only be granted if the Director of Public Works, or the Director's designee, after consultation with the Director of Recreation and Parks, determines that the requested item will not cause a safety hazard or visual blight, and will not otherwise harm the health, safety, or welfare of the community wherein the item is to be placed and will be compatible with the existing utilities and with the movement of pedestrian and vehicular traffic, community esthetics, and public safety. It shall be a rebuttable presumption that mailboxes in the City's right-of-way harm the health, safety, or welfare of the community wherein the mailbox is to be placed.

(e)

The Director of Public Works, or the Director's designee, after consultation with the Director of Recreation and Parks and other appropriate departments and agencies of the City, shall notify the property owner in writing if the Director of Public Works finds that the planting of the tree(s), planter(s), plant(s), shrub(s), or the placement of the mailbox in the described area will be compatible with the conditions described in subsection (c) of this Section. The Director of Public Works or the Director's designee, shall act on the application within 30 days of its being received by the City. If the Director of Public Works or the Director's designee, does not approve of the application and requested placement in the described area, the Director or designee shall notify the applicant in writing, specifying the reasons for disapproval.

(f)

After securing approval of the permit, the applicant shall, at the applicant's own expense, have the soil and/or sidewalk prepared and the tree or tree-with-planter, or plant, or shrub, or mailbox installed.

(g)

The applicant shall be responsible for the maintenance of any permitted item placement under this Section in a reasonably safe condition so as not to endanger the public.

(h)

Every permitted item placement under this Section shall be accomplished subject to the following conditions and requirements.

(1)

Approval of types of all placements under this Section shall be given by the Director of Public Works only if concurred in by the Director of Recreation and Parks.

(2)

The City reserves the right to remove all trees, plants, shrubs, or planters without notice and without cause. If removal without notice by the City is required, the actual cost thereof shall be borne by the City if the removal was not the result of an emergency.

(3)

This Section shall not apply to or impose any requirement on the placement of any residential mailbox in a location for which delivery service began after January 1, 1978.

(Ord. 83-833-518, § 1; Ord. 92-1934-1456, § 1; Ord. 2011-732-E)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 746.105. - Trimming or removing trees.

Trees along public streets or on public property may be trimmed or removed by abutting property owners or citizens only with the permission, in writing, of the Director of Public Works. This permission shall be obtained as provided in Chapter 304.

(Code 1965, § 38-24; Ord. 70-650-526; Ord. 71-397-181; Ord. 73-922-812, § 2; Ord. 83-591-400, § 1)

Note— Former § 606.104.

Sec. 746.106. - Lighting of alleys; closing with gate.

(a)

Property owners within the territory bounded on the North by State Street; on the East by Hogans Creek and Catherine Street; on the South by the St. Johns River to the Florida East Coast Railway Bridge across the river; thence along the Florida East Coast Railway to McCoy's Creek; thence along McCoy's Creek to Myrtle Avenue; thence northerly along Myrtle Avenue to State Street, are required to light, with electric lights, in such manner as shall be approved by the Sheriff, all private alleys which are not securely closed between sundown and sunrise so as to prevent the use thereof by the public.

(b)

Whenever, in the opinion of the Sheriff, the lighting of any other private alley will promote the public safety, tend to the prevention of crime or assist in the detection of criminals, the Sheriff may require the owner of the alley to properly light it as the Sheriff deems necessary during such time of the night as the Sheriff designates. On failure to do so, the owner shall be required to provide a good and substantial gate at each entrance, which shall be locked during the night when not in actual use by the owner or his tenant.

(c)

Violation of this Section shall constitute a class B offense.

(Code 1965, § 38-31; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 606.105.

Sec. 746.107. - Regulation of poles, wires and subdivision identification signs on streets; permit required; location.

(a)

No person shall place along the City streets telegraph, telephone or other poles or wires or subdivision identification signs without a permit from the City Engineer, provided, however, that any subdivision identification sign erected prior to May 25, 1982, shall be deemed to be properly located and permitted. The applicant for a permit shall file a plat or site plan and specifications showing the proposed location of all poles, wires or subdivision identification signs.

(b)

The City Engineer shall cause proper stakes to be placed before poles or subdivision identification signs are set along the streets. Stakes or markings for poles shall be placed at the curbline. The Director of Public Works may approve the location of poles and wires or designate some other convenient location therefor, or may require them to be placed underground. No additional poles, wires or subdivision signs shall be erected or strung without an additional permit. The Director shall designate the sides of the streets along which the poles, wires or subdivision identification signs shall be strung or located and shall not permit the same company to erect or maintain poles, string wires or locate subdivision identification signs along both sides of a street, except in case of necessity, when a special permit may be granted by the Director of Public Works.

(c)

The Director of Public Works may order a change of location of an existing pole or wire, designate its proper location and require the change to be made within a reasonable time, not less than five days, whenever he finds the change necessary in the public interest; or he may remove it.

(d)

The Director of Public Works shall prescribe the height, dimensions and character of telegraph, telephone and other poles used or development identification signs, provided such signs do not exceed the maximum area or height prescribed by Section 656.416, and shall require the removal of poles and signs which do not comply.

(e)

The Director of Public Works shall at once cause the abatement of a dangerous condition relating to poles or wires. The owner shall either abate the dangerous condition or pay the cost of abatement to the City.

(f)

Nothing in this Section and no action of the City hereunder shall be construed as extending or increasing the rights of any person as to the use of streets or public places other than under and by the provisions of laws granting to him the right to use the streets for the purposes proposed.

(g)

Violation of this Section shall constitute a class A offense.

(h)

Upon violation of a provision of this Section, the Director of Public Works shall declare forfeited all franchises, grants, privileges, licenses and immunities of the violator to use any of the City streets for poles and wires.

(Code 1965, §§ 38-35—38-39; Ord. 70-650-526; Ord. 71-397-181; Ord. 82-421-174, § 1; Ord. 83-591-400, § 1; Ord. 86-1523-8710, § 15; Ord. 2001-1057-E, § 2)

Note— Former § 606.106.

Sec. 746.108. - Temporary closing of State roads.

(a)

Authority to request temporary closure. The Mayor, on behalf of the City, is authorized to request the temporary closure of State roads within the City in accordance with the rules of the State Department of Transportation. Before a request is filed with the State, the procedure and requirements established in this Section shall be complied with. The temporary closing of a State road may be requested under this Section only for the purposes of parades or similar activities, not related to construction, reconstruction, maintenance or emergency purposes, and no closing shall be used for commercial purposes. No State roadway may be temporarily closed except in accordance with this Section.

(b)

Application; liability insurance policy.

(1)

A person desiring to have a State roadway temporarily closed to motor vehicular traffic shall file with the City Traffic Engineer an application for the temporary closure, on a form supplied by the City Traffic Engineer. The application shall state:

(i)

The name and address of the applicant.

(ii)

The event, activity or purpose for which the temporary closure is being requested in as much detail as the City Traffic Engineer may require so that he may ascertain whether the closure meets the requirements of the State Department of Transportation.

(iii)

If the applicant is not the sponsor or operator of the event or activity, the name, address and principal activity or occupation of the sponsor or operator.

(iv)

The date on which and the length of time for which the road is sought to be closed.

(2)

At the same time as the application is filed with the City Traffic Engineer, the applicant shall provide the City Traffic Engineer with a liability insurance policy, in a form approved by the Office of General Counsel and by the Director of Finance and Administration, as administrator of the risk management program under Chapter 128, in an amount not less than $50,000 for each claim and not less than $100,000 for all claims in the aggregate arising out of each occurrence in connection with the activity or event, which shall name the City as an additional insured to the extent that its sovereign immunity has been waived by the Legislature. This policy may be a policy obtained specifically for the event or activity named in the application or it may be a general liability policy which by its terms covers the activity or event named in the application. In lieu of a liability insurance policy, the applicant may provide the City Highway Engineer with a surety bond having a corporate surety authorized to do business in the State, in a form approved by the Office of General Counsel and by the Director of Finance and Administration, agreeing to hold the City harmless from any claim or liability arising out of the activity or event, to the extent that its sovereign immunity has been waived by the Legislature.

(c)

Evaluation and recommendation. The City Traffic Engineer shall evaluate the application and endorse thereon his recommendation as to the effect of the temporary closing on the traffic flow in the area. The Sheriff shall also evaluate the application and endorse thereon his recommendations as to traffic control and other law enforcement factors.

(d)

Approval by Mayor; disapproval. When the endorsements required by subsection (c) of this Section have been made on the application, it shall be forwarded to the Mayor for his consideration. If the Mayor:

(1)

Approves the application, the City Traffic Engineer shall prepare the documents required by the State for signature by the Mayor and any other City official specified by the State Department of Transportation in its rules, and they shall be executed by the appropriate officials.

(2)

Disapproves the application:

(i)

Conditionally, but indicates that modifications, supplements or amendments to the application or supporting documents may be made, the City Traffic Engineer shall return the application to the applicant, who may provide the modified, supplemented or amended documents and refile them. The modified supplemented or amended application shall be reviewed and evaluated as provided in subsection (c) of this Section and then considered by the Mayor, the same as if it were an original application.

(ii)

Finally, the City Traffic Engineer shall return the application to the applicant with the final disapproval noted thereon.

(e)

USDs not included. This Section does not apply to the closing of State roads in the Second, Third, Fourth or Fifth Urban Services District.

(Ord. 79-554-258, § 1; Ord. 83-591-400, § 1; Ord. 2013-209-E, § 21; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Note— Former § 606.107.

Sec. 746.109. - Violations, civil penalties and enforcement.

(a)

The requirements of this Chapter shall be enforced by the Director of Public Works or his designee as follows:

(1)

By the Municipal Code Enforcement Board pursuant to the authority granted by F.S. Ch. 162, Part I, and Ch. 91, Ordinance Code;

(2)

By citation for civil penalties pursuant to the authority granted by F.S. Ch. 162, Part II, and Ch. 609, Ordinance Code; and

(3)

By action for injunctive relief, for civil penalties in the amount of $500 for each day of violation, or both, through a court of competent jurisdiction.

(b)

Unless otherwise provided herein, when enforcement is by citation for civil penalties, pursuant to Chapter 609, violations of the provisions of this Chapter shall be a Class D offense, as defined in Chapter 609.

(Ord. 2004-429-E, § 28)

Sec. 746.110. - Restrictions on nonresidential activity upon privately-maintained roads.

(a)

Definitions. For purposes of this Section, the term:

(1)

Nonresidential activity means any industrial, commercial, agricultural, silvicultural or horticultural activity or related use including but not limited to excavation, site preparation, construction, renovation, dirt hauling or tree farming, other than an activity of such intensity customarily associated with, incidental to or in service of a lawful, residential development of a density not to exceed four units per lot or parcel.

(2)

Privately-maintained road means a way open to travel by the public including but not limited to roads, streets, highways or alleys, in which the City has an interest by dedication, grant, operation of law or otherwise, where the obligation to repair and maintain such way has not been accepted by the City or is otherwise the responsibility of some other non-governmental person(s).

(b)

Notwithstanding anything in Chapters 323, 518, 744, 746, 748 or elsewhere in the Code to the contrary, no privately-maintained road shall be used for or in support of any non-residential activity unless written permission is obtained from all affected, abutting landowners or obtained from those persons otherwise responsible for maintenance.

(c)

By way of exception to the foregoing prohibition, in those cases where a privately-maintained road provides the sole means of ingress and egress to a property, the road's use for and in support of non-residential activities on such property may be permitted so long as the road is maintained properly during the period of activity and where security in the form of cash, a performance or surety bond or a letter of credit is given to the City in an amount adequate to ensure the road will be repaired or restored following the cessation of such activity.

(Ord. 2004-1029-E, § 1)

Editor's note— Ord. 2004-1029-E, § 1, amended the Code by adding a new § 746.109. In order to prevent duplication of Section numbers, the provisions have been redesignated as § 746.110 at the discretion of the editor.

Sec. 745.303. - Effective Date of Enforcement. Chapter 748 - STREETS AND HIGHWAYS SYSTEM