08-13-1997 Council Agenda - Laserfiche WebLink

Home Browse Search

may not be parked with or adjacent to a Permit area. The loading or unloading of trucks adjacent to a Permit area is prohibited unless specifically authorized by the Permit. Sec. 1.17. Denial of Permit. The City may, in accordance with Minn. Stat. § 237.163, Subd. 4, deny any application for a Permit as provided in this Section. Subd. 1. Mandatory Denial. Except in the case of an Emergency, no Right -of -Way Permit will be granted: (a) To any Person' required by Section 1.04 to be registered who has not done so; (b) To any Person required by Section 1.08 to file an annual report but has failed to do so; (c) For any Next -year Project not listed in the construction and major maintenance plan required under Section 1.08 unless the Person used commercially reasonable efforts to anticipate and plan for the project; (d) For any project which requires the Excavation of any portion of a Right - of -Way which was constructed or reconstructed within the preceding five (5) years;5 (e) To any Person who has failed within the past three (3) years to comply. or is presently not in full compliance, with the requirements of this Chapter; (f) (g) To any Person as to whom there exists grounds for the revocation of a Permit under Section 1.22; and If, in the sole discretion of the City, the issuance of a Permit for the particular date and/or time would cause a conflict or interfere with an exhibition, celebration, festival, or any other event. The City, in exercising this discretion, shall be guided by the safety and convenience of ordinary travel of the public over the Right -of -Way, and by considerations relating to the public health, safety and welfare. This requirement may be objectionable to industry and could be contested as a "barrier to entry". The City may elect to shorten this moratorium although we do not believe such modification is required by law. Page 115