Providing for Temporary Walkways around Construction Projects and Providing a Penalty for the Violation Thereof

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ORDINANCE NO. 5149 -70 AN ORDINANCE PROVIDING FOR TEI PORARY 1°lA1M'1AYS AROUND CONSTRUCTION PROJECTS AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF , AS AMENDED. BE IT ORDAINED BY THE ONION COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that: SECTION 1. PERA`IT REQUIRED: All temporary occupancy of public property as hereinafter provided for shall be considered and treated as being at the will of the City, and will be permitted only by special per- mit issued by the City Engineer. No permit will be issued until the ap- plicant therefor shall have executed and filed with the Board of Public i4rorks a bond with proper securities approved by the Controller, in an amount to be designated by the Board, but in no case less than $5,000.00 conditioned to indemnify, save and keep harmless the City from any and all loss, expense, cost or liability of any kind whatsoever which the City may suffer or be put to, from or by reason of any act or thing done or neglected to be done, or by virtue of the authority given in such permit. �r the Such a permit will be for temporary occupancy of the street or streets immediately in front of the contemplated building or structure r thp RtApage ef b 'l.i' v + .."Ig - r7 .7 r,, oA ;o +o ,co o„rl for the building operations as herein described and for administration pur- poses. The fee for the granting such a permit shall be $10.00. The occupancy of a street for the purposes permitted in the per- mit shall never extend in front of any one building to exceed one -third of the width of the roadway or to such width as may be approved by the Traffic Engineer, and in no event is any material to be stored or placed closer than 4 feet of any railway track. In all cases where such ob- struction of the street is made there shall be a clear space of not less than 1 foot between such obstruction and the curb line, ;•rhich may be arched over at a height sufficient to permit drainage of water in the gutter. A suitably surfaced walk 4 feet wide, for the use of pedestrians shall be maintained between the building line and the curb line, except as provided in Section 2. Earth taken from the excavation and rubbish taken from the build- ing shall not be stored upon the sidewalk or roadway of the street. or SECTION 2. SIDEWALK PROTECTION: Whenever any building within temporary 4 feet of or abutting on the sidewalk line is constructed, altered or re- walkway paired to a height of more than 1 story on the exterior, a substantial temporary= protectin cover over the sidewal shall be erected and main- tained during such construction or repair work. Provided, that such protecting cover shall not be required on streets where the average daily pedestrian traffic on the building side of the street does not exceed 100 persons between the hours of 8 a.m, and 5 p.m.