The URL can be used to link to this page

Home My WebLink AboutORD 1975-018 ORDIN.ANCE NO. 75-18 AN ORDINANCE AMENDING T�IF GRAPEVINE CITY CODE TITLF_ 8, CHAPTER 1, SECTION 8-2-6, ENTITLED � AWNINGS BY AMENDING SAID SECTION TO PROVIDE '~°' " FOR THE OBTAINTNG OF' A PF_RMIT AND LICENSE TO ERECT POSTS IN THE CITY SIDEWALKS; PROVIDING CERTAIN SPrCIFIED CONDITIONS; PROVIDING AN INDEM[VITY BONn; PROVIDING FOR A PROHIBITION AGAINST PI..f1CING ARTICL,ES ON THE SIDEWALK. AND AI,LOLaING CERTAIN EXCF_PTIONS; PROVIDING FOR THE CONSTRUCTION OF SCAFFOLDING ON SIDEWALKS; PROVIDING A SEVERABILITY CI.AUSE; PR(�VIDING A PENALTY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: SECT�ON 1. That Title 8, Chapte.r 2, Section 8-2-6 of the .; ,� City of GrapPvine Code is hereby amended and revised to read as follows : "8-2-6 Posts; articles in sidewalks; scaffoldi.ng in s.idPwalks A) No person, firm or corporation shall erect or maintain any post in the sidewalk without having fi.rst obtained a license and permit from the build- in� inspector. B) The p�rmit and license fee shall be as prescribed hy the Buildi_ng Code. C) No permit and license shall be issued except in � accordance with the following standards: �.,� 1) Posts shall be constructed at least four (4) feet in a pPrpendicular measurement f rom thP building. All posts shall be in a , straight line parallel to the street and�or sidewalk. 2} All provisions of the Building Code including the requirements that ar�y projections such as awnings, balconies, and such be supported entirely by the building and have a noncombustible frame work are applicable to this ordinance. �� 3) The construction must be securely erected and maintained so that �` there will be no danger of the same being dislodged by ordinary winds or falling from other cause. No construction shall be allowed that would constitute a traffic hazard. 4) The City and its officers and employees shall not be liable in any manner to the licensee for or on account of damage caused by the construction, erection, and maintenance of any post or sign in the sidewalks. The licensee hereby releases the city and agrees to hold it free and harmiess and to indemnify it from all damages, claims, or demands that may result from the construction, erection, or maintenance of any post or sign on the sidewalks. All parties re- ceiving a license and permit shall provide as a condition to receiving same a .�:.., bond or indemnity insurance policy or add the City of Grapevine to its liability insurance as an additional insured in the amount of at least $100,000.00 to indemnify the city for any loss or damage or liability that may result from the construction or maintenance of such posts. This bond or indemnity insurance shall be renewed annually and kept in full force and effect. Failing to .continue to comply with this ordinance shall cause the permit and license to be revoked and the owner shall be required to remove said posts. If the owner fails to remove said posts within ten (10) days after receipt of notice from the City to remove, the City shall have the right to remove same." D) It shall be unlawful for any person, firm or corporation to suspend any � awning, sign, sample or other article at a height less than eight feet (8') above the sidewalk. Nor shall any person, firm or corporation throw, place �r deposit any article whatsoever upon any sidewalk in such a manner as to obstruct free passage upon same; provided, however, that nothing in this Section shall be construed to prevent merchants and dealers from placing packages of . good, ware or merchandise whir.h they may be receiving or shipping on any sidewalk, if the same do not occupy more than one half (1/2) the width there�af, and do not remain thereon more than six (6) hours; nor shall anythin� �. ._ in this Section prevent merchants, dealers or auctioneers from occupying a `"�� space on the sidewalk adjoining their place of business, two feet (2') or less in width (measured from the inside of the sidewalk), and the length of the property line, with signs, samples, or other articles; nor shall anything in this Section prevent any building craftsmen or builder from occupying with materials or femporary constructions, a space not larger than one half (1/2) the width of the sidewalk adjoining any improvement or building they may be erecting or in any way working upon; nor shall such persons be prevented from crossing or passing over any sidewalk with materials used in the construction of said improvement or building. � a E) Providing, further, that all scaffolding erected over or on said sidewalk shal) be constructed in a good, workmanlike, substantial manner so as to prevent injury to persons passing thereunder or working thereon; and provided further that if any obstructions mentioned in this Section are not removed within ten (10) days after notice to do so is given by the Chief of Police, the offender will be subject to penalization hereunder, and upon conviction will be fined in accordance with the penalty herain provided, and a separate offense sha91 be deemed committed upon each day during or on which such obstruction remains after the expiration of such notice, and such obstruction shall be removed by the City at the expense of the person so convicted. �..� �� SECTION 2. Any person violating or failing to comply with any provisions of this ordinance shall be fined upon conviction, not less than ONE DOLLAR ($1.00) nor more than TWO HUNDRED � ($200.OU) and each day any violdtion of non-compliance continues �� shall constitute a separate offense. sECTION j. It is hereby declared to be the intention of the City Council of the City of Grapevine, Texas, that the sections, paragraphs, sentences , clauses, and phrases of this ordinance are severable and any phrase, clause, sentence, paragraph or section hereof should be declared unconstitutiondl , such un- constitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, since the same would have been enacted by the City Council witi�out the incorporation in this ordindnce of any such unconstitutional or invalid phrase, c.la��se , sentence, paragrdph or section. SECTION 4. The fact that the present ordindnces ana regula- tions of the City of Grapevine are inadequate to protect its citizens within the corporate limits of the City of Grapevine, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective f rom and after the date of its passage as provided by the Charter of the City of Grapevine and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, this the 3r.d day of JUNE , 1975. ✓ .�- 'i MAYO � ATTEST: � 9 ,�� !� �H� - Cit Se�retary � City Attorney