Sec. 38-1. - Certain ordinances relating to streets and alleys not affected by Code.

Nothing in this Code or the ordinance adopting this Code shall affect any ordinance naming, renaming, opening, accepting or vacating streets or alleys in the city; and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code.

Sec. 38-2. - Violations of chapter.

Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 4 misdemeanor.

Sec. 38-3. - Obstructions generally.

(a)

It shall be unlawful for any person to place or have placed or installed on any sidewalk, street, alley or public right-of-way or easement in the city any fence, gate, porch, step, post, barrel, bench, bar, table, box, cart, trailer, vehicle, merchandise, goods, wares or other fixtures or articles whatsoever, whether they be for sale, exhibition or any other purpose. This section shall be subject, however, to exceptions, limitations and provisions set out in this chapter.

(b)

In addition to any other remedy at law, the city manager or his designee may compel the abatement or removal of all items, fixtures or articles identified in subparagraph (a) herein, and hereinafter referred to as an "obstruction" on a sidewalk, street, alley or public right-of-way or easement.

(c)

Any person who shall cause or permit the existence of any obstruction governed by this section and not otherwise provided for in the provisions of this Code or other ordinances of the city shall be guilty of a Class 4 misdemeanor for each day the obstruction may continue, after due notice shall have been given to remove, correct or abate the same.

(d)

The city manager or his designee may mail notices of violations of this section to the owner or owners of record of the property at the address maintained by the real estate assessor for the mailing of tax assessments and/or to the occupant or occupants of the property. The notices shall advise the owner or owners or the occupant or occupants of the requirements of this ordinance and that failure to remove, correct or abate the obstruction shall result in the city removing, correcting or abating that obstruction with the person or persons to whom notice was sent being responsible for the costs thereof as provided below.

(1)

Upon the failure, neglect or refusal of any person to whom notice of abatement was given or who is responsible for removing, correcting or abating an obstruction, the city manager or his designee is authorized to have the removal, correction or abatement performed by city forces or by contract. The actual costs of such removal, correction or abatement, plus a charge for administrative costs of one hundred fifty dollars ($150.00) shall be charged to the person or persons to whom the notice was directed.

(2)

Whenever the city or its agent has work done pursuant to subsection (1) above, the cost and expenses of such work shall be determined and collected as provided below:

a.

When the notice required by this section was directed to a person other than the owners of the property, the person to whom the notice was directed shall be billed for the actual costs of such work plus the charge for administrative costs. If such bill is not paid within thirty (30) days, legal action may be instituted for its collection.

b.

When the notice required by this section was directed to the owner or owners of the property, the city manager or his designee shall certify to the city treasurer the amount of the actual cost of such work, plus the administrative costs; and the city treasurer shall include such total amount in the next regular tax bill for payment, and such amount shall be collected by the treasurer as other taxes and levies are collected. Every charge over two hundred dollars ($200.00) assessed under this section which remains unpaid shall constitute a lien against such real property.

c.

Liens established in accordance with subsection (2)b. shall have the same priority as other unpaid local taxes and shall be enforceable in the same manner as provided in Articles 3 and 4 of Chapter 39 of Title 58.1, or as those articles are subsequently amended. The city manager may waive such liens in order to facilitate the sale of the property; provided, however, such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has not business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed.

(Ord. No. 268, § 33; Code 1961, § 36-16; Ord. No. 6055-04. § 1)

Sec. 38-3.1. - Dumpsters on public streets, public rights-of-way and public easements of right-of-way.

(a)

Except as otherwise provided in the City Code, it shall be unlawful to place dumpsters, which term includes similar commercial or privately owned containers but not residential-use containers, on a public street or in a public right-of-way or public easement of right-of-way. The term "right-of-way" specifically includes public sidewalks, pedestrian pathways and bicycle paths.

(b)

Upon proper application by the property owner to the department of engineering, a permit may be issued that authorizes the placement of a dumpster to serve the applicant's property on a public street, public right-of-way and public easement right-of-way, conditioned upon the following criteria:

(1)

There must be no other practicable location for the dumpster on the applicant's private property as determined by the department of engineering.

(2)

If determined necessary by the director of engineering or his designee, the applicant shall construct or reconstruct necessary portions of the street, public right-of-way or public easement of right-of-way as required in order to withstand the additional weight and pressure of the dumpster itself and any vehicle that would be used to empty the dumpster.

(3)

The dumpster shall be placed as determined by the director of engineering or his designee so as to be the last obstructive to the street, public right-of-way or public easement of right-of-way.

(4)

The applicant shall indemnify, hold harmless and defend the city and its employees from and against all claims of personal injury, including death, and property damage alleged to have arisen as a result of the placement of the dumpster in the public street, public right-of-way or public easement right-of-way. The applicant shall provide and maintain liability insurance covering the placement of the dumpster in the street, public right-of-way or public easement of right-of-way, which insurance shall include a separate endorsement adding the city as additional insured thereon. The insurance shall be of a "per occurrence" type and shall be in a combined single limit amount of at least three hundred thousand dollars ($300,000.00). The insurance required by this section shall be approved by the city attorney's office prior to issuance of the relevant permit.

(c)

Each application for a permit under this section shall be accompanied by the payment of a non-refundable processing fee in the amount of fifty dollars ($50.00).

(d)

Each permit issued pursuant to this section shall expire three (3) years to the day from the date of its issuance unless sooner terminated by the director of engineering or his designee as a result of a violation of the conditions of the permit by the permittee.

(e)

In the event any of the conditions of the permit are violated, the director of engineering or his designee, in his or her sole discretion, may terminate the permit. In the event the permit is terminated, notice shall be provided the permittee at the address provided on the permit application. Such notice shall be deemed delivered whether by hand or by certified mail and shall direct the permittee to immediately remove the dumpster from the street, public right-of-way or public easement of right-of-way and properly relocate the dumpster. If the dumpster is not removed in accordance with the termination notice, the director of engineering or his designee shall cause the dumpster to be removed and the costs therefor shall be a debt of, charged to and collected from the permittee.

(Ord. No. 4616-94, § 1)

Sec. 38-3.2. - Permit for sidewalk use in Hilton Village Historic District commercial area.

(a)

Permit required. The director of engineering may issue a permit authorizing the use of the special sidewalk easement area within the Hilton Village Historic District commercial area for certain items of street furniture, which is defined as chairs, tables, awnings, umbrellas, planters, and other outdoor furniture related to the operation of a business that is adjacent to the special sidewalk easement. The special sidewalk easement area is that area for which individual property owners granted sidewalk easements to the city, in addition to the right-of-way for Warwick Boulevard which pre-existed those grants. When issuing a permit the director of engineering shall consider the recommendations of the Hilton Village Architectural Review Board.

(b)

Application; architectural review board recommendation. Persons wishing to place any item(s) of street furniture in the special sidewalk easement area shall make application to the Hilton Village Architectural Review Board prior to requesting a permit from the director of engineering. The board shall review and recommend to the director of engineering the placement, number, character, color, size, decorative features and construction of such street furniture for use in the special sidewalk easement area identified in subsection (a). The board then shall recommend to the director of engineering whether or not a permit should be issued, and under what conditions, if any.

(c)

Guidelines for street furniture. All items placed in the special sidewalk easement area shall be constructed of materials and have colors appropriate and compatible to the historic district. Tables, benches and chairs shall be made of wood, wrought iron, or other materials determined to be appropriate or compatible by the Hilton Village Architectural Review Board. Awnings and umbrellas shall be made of canvas or other fabric determined to be compatible and appropriate by the board, and shall have a size and color approved by the board. Planters shall be made of terra cotta, concrete, wood or other material determined by the board to be appropriate and compatible to the historic district, and shall have a size and color approved by the board. The items of street furniture listed in Table 1 have been preapproved by the board as to color, size and material.

The requirements to make application to the Hilton Village Architectural Review Board or to utilize street furniture previously approved by said Board or materials, designs or colors required by this subsection shall not apply to those applicants for a permit authorizing the use of the special sidewalk easement who desire to utilize street furniture that has been used since March 12, 1997. This exception notwithstanding, on and after May 1, 1997, the other requirements of this ordinance must be complied with before the grandfathered street furniture may be used in the special sidewalk easement area. Any street furniture so grandfathered must be maintained in good, safe condition and be serviceable for the purpose for which it was designed; and any street furniture that is removed from use due to wear and tear or its inability to serve the purpose for which it was designed may not be replaced by items of street furniture that do not meet all requirements of this ordinance.

Items placed in the special sidewalk easement area shall be located in the running bond paver sections of sidewalks adjacent to buildings. Items shall not be placed on the herring bone patterned paver fields or the adjoining soldier course borders.

(d)

Insurance required. As a condition precedent to the issuance of a permit, the applicant, the street furniture owner, or the property owner shall file with the city attorney evidence of general comprehensive liability insurance insuring against claims, demands or actions arising out of or in connection with the existence of the items to be placed within the special sidewalk easement area. The policy of insurance shall require the insurer to defend, indemnify and hold the city harmless from any and all claims for injury or damage, and shall pay all judgments, costs or expenses which the city may incur or suffer by reason of granting a permit in connection with the erection, alteration, maintenance, repair, removal or existence of such items. Such policy of insurance shall provide liability coverage for bodily injury, death and property damage of not less than three hundred thousand dollars ($300,000.00) combined single limit during any one (1) occurrence for injury to or death of any one (1) or more persons and for property damage or destruction suffered as a result of the existence of such street furniture and shall name the City of Newport News as an additional insured. All such insurance required to be carried by the permit holder shall be with an insurance company licensed to do business in the Commonwealth of Virginia and approved by the Newport News City Attorney's Office. Such insurance (i) shall contain an endorsement that such policy shall remain in full force and effect notwithstanding that the insured has released its right of action against any party before the occurrence of a loss; (ii) shall name the City of Newport News as an additional insured party; and (iii) shall provide that the policy shall not be canceled, terminated or materially amended without at least forty-five (45) days' prior written notice [fifteen (15) days if due to nonpayment of premium] to the City of Newport News. Prior to the issuance of the permit, evidence satisfactory to the Newport News City Attorney's Office of the payment of all premiums for such policy, shall be delivered to the Newport News City Attorney's Office for review. As a condition subsequent to the issuance of the permit, the permit holder shall maintain the required insurance at all times during which the permitted item or items are located in the special sidewalk easement area.

TABLE 1

*Black Only

*Red Chairs Not Allowed.

*Red Chairs Not Allowed

*Umbrellas may be one (1) solid dark color or two (2) dark colors only.

(Ord. No. 4996-97, § 1)

Sec. 38-3.3. - Permit for outdoor dining.

(a)

Permit required. The director of engineering may issue a permit authorizing the use of the right-of-way for outdoor dining when the outdoor dining does not adversely impact pedestrian and vehicular flow and safety.

(b)

Application. Application for outdoor dining must be filed with the department of engineering on forms provided by that department. The non-refundable application fee is fifty dollars ($50.00). The annual permit fee is five hundred dollars ($500.00). Permits must be renewed annually.

(c)

Guidelines. The following provisions will be applicable to all operators of outdoor dining facilities who have obtained a permit:

(1)

The business must be a properly zoned and licensed food or beverage establishment located on the interior first floor of a structure adjacent to the sidewalk area where the outdoor dining is proposed.

(2)

The permit shall be revocable at any time by the director of engineering or his designee.

(3)

The outdoor dining area shall be temporary, such that posts, chairs, tables, planters and other equipment, referred to herein as "dining equipment," can be removed when not in use and the interior food and beverage establishment is closed.

(4)

The outdoor dining area may extend into the right-of-way a maximum of one-half (½) of the sidewalk width from the property line of the permittee, provided that no less than five (5) feet of clear and unobstructed sidewalk width remains for pedestrian use.

(5)

The director of engineering may reduce the outdoor dining area based upon right-of-way flow and safety concerns.

(6)

The outdoor dining area, when not in use, shall be maintained in a useable state and chairs, tables and other appurtenances and dining equipment shall not be stacked or stored outdoors. The outdoor dining area shall not be enclosed.

(7)

The permittee agrees to maintain in good condition all appurtenances and dining equipment placed in the city right-of-way or on city property and must protect sidewalk finishes and surfaces from damage.

(8)

Dining equipment must be located in the public right-of-way immediately adjacent to the permittee's food and beverage establishment and may not extend beyond the street frontage of same.

(9)

The applicant shall submit and if a permit is issued shall adhere to an outdoor dining layout identifying the number, type and location of tables, chairs, umbrellas and other dining equipment.

(10)

The number, type, size and location of outdoor dining equipment is subject to the approval of the director of engineering or designee.

(11)

The hours of operation of the outdoor dining area may not exceed those of the permittee's food and beverage establishment.

(12)

The permit is not transferable or assignable without written approval of the director of engineering or his designee.

(13)

The permittee shall comply with all applicable codes, ordinances, policies and regulations of the federal, state and local governments and shall obtain and maintain all necessary licenses and permits.

(d)

Insurance required. As a condition precedent to the issuance of a permit, the permittee shall file with the city attorney evidence of general comprehensive liability insurance insuring against claims, demands or actions arising out of or in connection with the existence of the dining equipment to be placed within the outdoor dining area. The policy of insurance shall require the insurer to defend, indemnify and hold the city harmless from any and all claims for injury or damage, and shall pay all judgments, costs or expenses which the city may incur or suffer by reason of granting a permit in connection with the erection, alteration, maintenance, repair, removal or existence of such items. Such policy of insurance shall provide liability coverage for bodily injury, death and property damage of not less than one million dollars ($1,000,000.00) combined single limit during any one occurrence for injury to or death of any one (1) or more persons and for property damage or destruction suffered as a result of the existence of such street furniture and shall name the City of Newport News as an additional insured. All such insurance required to be carried by the permittee shall be with an insurance company licensed to do business in the Commonwealth of Virginia and approved by the City of Newport News City Attorney's Office. Such insurance shall (i) contain an endorsement that such policy shall remain in full force and effect notwithstanding that the insured has released its right of action against any party before the occurrence of a loss; (ii) name the City of Newport News as an additional insured party; and (iii) provide that the policy shall not be cancelled, terminated or materially amended without at lease forty-five (45) days prior written notice (fifteen (15) days if due to nonpayment of the premium) to the City of Newport News. Prior to the issuance or renewal of the permit, evidence satisfactory to the City of Newport News City Attorney's Office of the payment of all premiums of such policy, shall be delivered to the city attorney's office for review. As a condition subsequent to the issuance of the permit, the permit holder shall maintain the required insurance at all times during which the permitted item or items are located in the sidewalk area.

(Ord. No. 6080-05)

Sec. 38-4. - Temporary fence or barricade for protection of newly seeded or sodded grass plots in sidewalk area.

(a)

A permit for the erection of a temporary fence or barricade, for a period not exceeding ninety (90) days, in the sidewalk area in front of any premises, for the protection of newly sodded or seeded grass plots, may, upon application to the director of engineering, be issued to the owner of such premises. Such fence or barricade shall conform to the specifications therefor on file in the office of the director of engineering, but in no event shall such fence or barricade be less than twenty-four (24) inches or more than thirty (30) inches in height above the level of the grade of the sidewalk, and shall be constructed of well dressed lumber, not less than one (1) inch nor more than two (2) inches square, and shall consist of only one (1) rail and the necessary posts supporting the same, and shall not extend beyond the building line further than within six (6) inches of the walkway or paved sidewalk in front of the premises.

(b)

The granting of a permit under this section and the acceptance and use thereof by the owner of the premises shall not be deemed or taken to be a release from liability of the owner or person installing or maintaining such fence or barricade for damages to persons or property occasioned by its installation or maintenance, but such owner or person, by accepting the permit and constructing and maintaining the fence or barricade, assumes all liability for damage that may be occasioned thereby and agrees to save the city harmless from all loss, cost, damage and expense that may accrue to it or to any person by reason of the construction and maintenance of the fence or barricade.

(Ord. No. 297; Code 1961, § 36-17; Ord. No. 5839-02)

Sec. 38-5. - Removal of fixtures and appliances, interfering with public improvements.

The owner of any pipes, poles, wires or other fixtures or appliances located or erected under or upon any of the streets of the city shall remove the same, within a reasonable time, to such place as may be approved by the city manager, when so notified by the manager that such pipes, poles, wires or other fixtures and appliances are in the way of, interfere with or retard the erection and construction of any public improvement in the city. Should the owner of such pipes, poles, wires or other fixtures and appliances fail or refuse to remove the same within a reasonable time after having been so notified by the city manager, the city manager shall proceed to have the same removed to such place as the manager may approve, and collect the cost of such removal from the owner thereof.

(Ord. No. 268, § 32; Code 1961, § 36-15)

Sec. 38-6. - Obstruction by loitering or gathering of persons.

(a)

It shall be unlawful for any person to loiter or needlessly be and remain upon the streets or sidewalks of the city, thereby obstructing pedestrian or vehicular traffic.

(b)

It shall be unlawful for any person to cause to gather in crowds, or for persons to gather in crowds, upon the streets or sidewalks of the city, so as to obstruct the free and unimpeded use of the streets and sidewalks for travelers or pedestrians upon such streets or sidewalks.

(Ord. No. 173, § 31; Code 1961, § 36-1)

Sec. 38-7. - Packing and unpacking on sidewalks.

No person receiving or shipping goods, wares or merchandise in boxes, crates or other packing shall pack, unpack, store or otherwise place the same upon the sidewalk or street, unless such package, crate or box is too large to enter the door of the building through which the contents of such package, crate or box are to be carried, in which case, such package, crate or box or container received or to be shipped may be packed or unpacked upon the sidewalk without unreasonable delay, and all packing material, trash and boxes shall be immediately removed by the owner or proprietor receiving or shipping the goods, wares or merchandise.

(Ord. No. 268, § 31; Ord. No. 1408, § 1; Code 1961, § 36-14)

Sec. 38-8. - Street sales generally.

It shall be unlawful for any person to occupy or use any part of the streets or public places of the city as a stand for the sale of trinkets, wares, merchandise, patent medicines or other articles, except flowers and articles used for food. The commissioner of the revenue shall issue no licenses for any activity that would violate this section.

(Ord. No. 268, § 27; Code 1961, § 36-9)

Sec. 38-9. - Sale of Christmas trees and other decorative greens; exhibits and sales of arts and crafts.

It shall be unlawful for any person to exhibit or offer for sale Christmas trees or other decorative greens upon the streets or sidewalks of the city or to exhibit and sell arts and crafts on such streets and sidewalks without first obtaining a permit to do so from the city manager. Application for such permit shall be in writing, stating the location desired, and shall be accompanied by the written consent of the owner of the property on which such location abuts. The city manager, in passing on such application, shall take into consideration the desired location, the traffic on the street and the public safety and convenience and accordingly grant or refuse the application, as to the manager may seem best.

(Ord. No. 268, § 36; Code 1961, § 36-21; Ord. No. 3010-83)

Sec. 38-10. - Reserved.

Editor's note—

Ord. No. 4436, adopted April 13, 1993, repealed § 38-10, which pertained to sale of flowers or food. See the Code Comparative Table.

Sec. 38-11. - Sidewalk photographers.

(a)

It shall be unlawful for any person, on any street or sidewalk in the city, to take any picture, photograph or snapshot, by any process whatsoever, of any person and offer to furnish to such person or to any other person a copy of the picture so taken, for a consideration in any form. The passing out of written, printed, typewritten or mimeographed matter, or giving information orally, concerning the means by which a copy of the picture taken may be obtained, is hereby defined to be an offer to furnish a copy of the picture taken for a consideration.

(b)

The provisions of this section shall not be deemed to apply to the taking of a picture solely for the purpose of reproducing it in a book, newspaper, magazine or periodical.

(c)

A violation of this section shall constitute a Class 3 misdemeanor.

(Ord. No. 173, § 62; Code 1961, § 36-10)

Sec. 38-12. - Visibility of drive-in theater screen to motorists.

(a)

It shall be unlawful for any person to operate a drive-in motion picture theater in the vicinity of any public street or highway in such a manner that the surface of the theater screen upon which pictures are being projected is visible to any person operating a motor vehicle upon such street or highway.

(b)

A violation of this section shall constitute a Class 3 misdemeanor.

(Ord. No. 1753; Code 1961, § 36-18)

Sec. 38-13. - Playing on through streets.

No person shall play on a through street in the city.

(Ord. No. 173, § 24; Ord. No. 2235, § 1; Code 1961, § 36-2)

Sec. 38-14. - Streets constituting quiet zones.

(a)

Those portions of all streets within three hundred (300) feet of any church or hospital shall constitute a "quiet zone" and it shall be unlawful for any person to make any unnecessary or loud noise within such a zone adjacent to any church from 11:00 a.m. to 1:00 p.m., and from 7:30 p.m. to 9:00 p.m. on Sundays, and within such a zone adjacent to a hospital at any time.

(b)

The churches and hospitals to which this section applies shall keep upon such streets the necessary signs to notify the public that such constitutes a "quiet zone."

(c)

A violation of this section shall constitute a Class 3 misdemeanor.

(Ord. No. 268, § 26; Code 1961, § 36-8)

Sec. 38-15. - Mixing or depositing mortar or cement or placing building material on street.

(a)

No person shall mix, place or deposit any mortar or cement upon any paved street or avenue, unless the same is mixed, placed or deposited in watertight boxes, which boxes must be placed upon barriers or sleepers, leaving under them an air space of at least four (4) inches.

(b)

Any person placing building material of any kind, to be used in erecting or repairing any building, upon any street, shall rack or pile the same in as small a space as possible near the curb.

(Ord. No. 166, §§ 1, 2; Code 1961, § 36-4)

Sec. 38-16. - Entrances from sidewalks to basements to be lighted at night.

The owners of all buildings, where there are areaways or steps leading from the sidewalks into the basement of such buildings, shall keep and maintain an electric light over such entrance, which light shall burn every night and all night. Each night's failure to so maintain a light shall constitute a separate offense.

(Ord. No. 268, § 19; Code 1961,§ 36-5)

Sec. 38-17. - Removal of snow from sidewalks.

(a)

The tenant or occupant, and in case there is no tenant, the owner or any person having charge of any building or lot of land bordering on a street, lane, court, square or public place within the city where there is any paved sidewalk shall, after snow ceases to fall in the daytime within six (6) hours, and if in the nighttime before noon of the following day, cause the snow to be removed from that portion of the sidewalk between the building line and a line five (5) feet distant from and parallel to the curb line. Where the paved portion of such sidewalk in front of a residence does not cover the entire area between the curb line and the building line, the snow may be removed from only that portion of the sidewalk which is paved. In all blocks where fifty (50) percent or more of the abutting lots are occupied by buildings or structures, the snow shall be removed from all unpaved sidewalks in such blocks for a width of five (5) feet in the center of the sidewalk area.

(b)

Snow removed under this section shall be deposited on that portion of the sidewalk in front of the abutting property immediately adjacent to the curb, but more than five (5) feet therefrom.

(c)

It shall be unlawful for any person to remove or cause to be removed any snow from the sidewalk into the street, except employees of the public works department in the performance of their duties in cleaning the streets.

(Ord. No. 167, §§ 1, 2; Code 1961, § 36-3)

Sec. 38-18. - Flag pole sockets in sidewalks—Use generally.

It shall be unlawful for any person, except upon permission first obtained from the city manager, to use any of the flag pole sockets placed at the sidewalks by the city for any purpose whatever, other than the display of the American national flag or the state flag of Virginia, and no American national flag or other flag, except a flag four (4) feet by six (6) feet upon poles twelve (12) feet in length, shall be displayed from such sockets and then only between the hours of sunrise and sunset on national or state holidays or on such other days as shall be designated by the city manager. No person not the owner or having control of any flag placed in any of the sockets shall interfere with, tear, soil, injure, damage or remove such flag or pole.

(Ord. No. 268, § 37; Code 1961, § 36-22)

Sec. 38-19. - Same—Removal of caps.

It shall be unlawful for any person to remove, or cause to be removed, any cap or covering placed on or over any hole in any sidewalk made for the placement of flag poles; provided, that the owner or occupant of any premises opposite such opening may remove such cap or covering for the purpose of placing flag poles, but only upon condition that, on removal of such flag, the cap or covering shall be immediately replaced, and failure to so replace shall be unlawful.

(Ord. No. 268, § 38; Code 1961, § 36-23)

Sec. 38-20. - Removing street barriers; driving on barricaded street.

No person shall remove barriers or other guards placed across the streets of the city, while paving, grading, macadamizing or any other public improvement is in progress. No person shall ride or drive over such street so barricaded or guarded.

(Ord. No. 268, § 40; Code 1961, § 36-25)

Sec. 38-21. - Vacation of street on request—Fee for processing application; taxing of publishing notice to applicant.

On each and every application to alter or vacate a public street or alley pursuant to Title 15.2 of the Code of Virginia, 1950, as amended, there shall be a fee of fifty dollars ($50.00), payable at the time of application, for processing and administration of such application. The fee shall be in addition to the sum allowed each viewer pursuant to Title 15.2. The applicant shall also be taxed the actual cost of publishing the newspaper notice of the street or alley vacation hearing held by the council.

(Ord. No. 1738, § 1; Code 1961, § 36-26.2; Ord. No. 2950-82; Ord. No. 5308-99)

State law reference— Authority for above fee, Code of Virginia, § 15.2-2007.

Sec. 38-22. - Same—Payment of cost of relocation or removal of utilities.

Unless otherwise specifically provided, whenever any street, alley or other public way is vacated or abandoned by the city at the request of any private individual, association, corporation or public authority, the cost of any necessary relocation or removal of public utility facilities, including those of public service corporations, located in such street, alley or other public way shall be paid by the private individual, association, corporation or public authority requesting such vacation or abandonment.

(Ord. No. 1189; Code 1961, § 36-26.1)

Sec. 38-23. - Liability insurance for signs overhanging public right-of-way.

(a)

It shall be unlawful for any person to erect or maintain any sign overhanging any sidewalk, street or other public right-of-way, unless such person shall file and maintain with the codes compliance administrator evidence of public liability insurance covering the existence of such sign. Such insurance shall have liability limits for bodily injury not less than one hundred thousand dollars ($100,000.00) for each person, two hundred thousand dollars ($200,000.00) for each accident and twenty-five thousand dollars ($25,000.00) for property damage, and shall indemnify and save harmless the city as an additionally insured party from any and all damages, judgments, costs or expense which the city may incur or suffer by reason of granting a permit in connection with the erection, alteration, maintenance, repair, removal or existence of such sign. It shall be the duty of the owner of any premises upon which such sign is located to notify the codes compliance administrator of any change, expiration, renewal or claim that shall occur with respect to such insurance.

(b)

A violation of any provision of this section shall constitute a Class 3 misdemeanor.

(Ord. No. 1890, § 1; Code 1961, § 10-25)

Cross reference— Advertising, Ch. 3.

Sec. 38-24. - Entrance signs.

Signs denoting the names of (i) residential developments; (ii) business and/or industrial development parks; (iii) publicly managed business and/or industrial development parks; or (iv) publicly managed mixed-use developments may be erected in the public right-of-way as permanent markers at the entrance to such developments provided that a permit is first obtained from the director of engineering as provided for in section 38-25. For the purposes of this section and section 38-25, "publicly managed" means public control in the form of covenants and restrictions applicable to property of the development enforced by a public body. The provisions of sections 38-24 and 38-25 shall govern in any instance of conflict between those sections and other provisions of this Code.

(Ord. No. 2607-79; Ord. No. 3028-83; Ord. No. 3111-83, § 1; Ord. No. 4012-90; Ord. No. 6096-05)

Sec. 38-25. - Entrance sign rules and regulations and permits.

(a)

Permit required. It shall be unlawful for any person to erect or construct a sign authorized by section 38-24 unless such person shall first have obtained a permit therefor from the director of engineering. Signs for (i) business and/or industrial development parks; (ii) publicly managed business and/or industrial development parks; or (iii) publicly managed mixed-use developments shall be limited to those developments of one hundred (100) acres or more.

(b)

Entrance sign regulations.

(1)

General regulations.

a.

Entrance signs shall not be permitted in medians on arterial streets designated in the city's transportation plan;

b.

Entrance signs shall be constructed under the provisions of the Uniform Statewide Building Code;

c.

Entrance signs shall be authorized only at the primary entrances consistent with the type of development and use; and

d.

Entrance signs copy shall be limited to the name and/or logo of the developments authorized to have such signs by section 38-24

(2)

Residential development entrance signs shall be subject to the following:

a.

Such sign shall not exceed three (3) feet in height measured from top of nearest curb;

b.

Such sign shall not exceed ten (10) feet in width;

c.

No more than two (2) signs shall be located at any one (1) entrance; and

d.

Signs other than those in medians shall be located within a twenty-five-foot square whose sides shall be measured by starting at a point at the intersection of the paved portion of the street and the paved portion of the entranceway involved.

(3)

Business and/or industrial development parks entrance signs shall be subject to the following:

a.

Such sign shall not exceed then (10) feet in height measured from top of nearest curb;

b.

Such sign shall not exceed ninety (90) square feet in area;

c.

The location and setback of the sign shall be approved by the director of engineering. The director shall evaluate the sign's location and setback for traffic safety. Adequate sight distance shall exist. The evaluation shall consider existing traffic and physical conditions and programmed road improvements;

d.

The director of planning also shall approve the sign's location. The director shall evaluate the sign's impact on signage and development at the intersection and shall determine that the sign does not substantially block the visibility of signage or development on property in the vicinity;

e.

No more than one (1) sign shall be located at any one (1) entrance;

f.

The intersection where the sign is to be located shall be controlled by traffic signals.

(4)

Publicly managed business and/or industrial development parks and publicly managed mixed-use development entrance signs shall be subject to the following:

a.

Such signs shall not exceed thirty (30) feet in height measured from top of nearest curb;

b.

Each sign shall not exceed three hundred twenty-five (325) square feet in area;

c.

The location and setback of the signs shall be approved by the director of engineering. The director shall evaluate the signs' location and setback for traffic safety. Adequate sight distance shall exist. The evaluation shall consider existing traffic and physical conditions and programmed road improvements;

d.

The director of planning also shall approve the location of the signs. The director shall evaluate the signs' impact on signage and development at the intersection and shall determine that the sign does not substantially block the visibility of signage or development on property in the vicinity; and

e.

The intersection where the sign or signs are to be located shall be controlled by traffic signals.

(c)

Permit application.

(1)

Application for a permit required by this section shall be filed in the office of the director of engineering, accompanied by a twenty-five dollar ($25.00) nonrefundable application fee.

(2)

Applications shall include a sketch of the sign to be erected or constructed as well as a sketch showing property lines and street right-of-way lines with reference to the proposed location of the sign.

(3)

Application shall include a description of the proposed type of construction of the sign. Only wood, metal, plastic, or masonry shall be authorized construction material.

(d)

Insurance. Signs not erected or constructed by the city shall be subject to the following:

Any person maintaining such a sign shall file and maintain with the director of engineering evidence of public liability insurance covering the existence of such sign. Such insurance shall have liability limits for bodily injury not less than one hundred thousand dollars ($100,000.00) for each person and two hundred thousand dollars ($200,000.00) for property damage, and shall indemnify and save harmless the city as an additionally insured party from any and all damages, judgments, costs or expense which the city may incur or suffer by reason of granting a permit in connection with the erection, alteration, maintenance, repair, removal or existence of such sign. It shall be the duty of the permittee to notify the director of engineering of any change, expiration, renewal or claim that shall occur with respect to such insurance.

(e)

Removal of signs. Upon a finding by the director of engineering that the right-of-way is needed for city purposes and the location of the sign impedes that need, or that a change of condition has occurred affecting pedestrian and/or vehicular safety, said sign shall be removed, without cost to the city, upon thirty (30) days' written notice to the owner of the sign.

(Ord. No. 2607-79; Ord. No. 3028-83; Ord. No. 3060-83; Ord. No. 3111-83, § 1; Ord. No. 3703-88; Ord. No. 4012-90; Ord. No. 6096-05)

Sec. 38-26. - Signs in city right-of-way.

(a)

Unless otherwise specifically provided for, it shall be unlawful for any person to erect, construct, locate, maintain or otherwise place any sign or similar structure or display on or over any street right-of-way. Such action on the part of any person shall, upon conviction, constitute a Class 4 misdemeanor.

(b)

Any permanent sign or similar structure or display existing on the effective date of this section [June 23, 1980] in contravention of subsection (a) above may continue to exist as a nonconforming display provided that:

(1)

Any damaged or destroyed nonconforming sign requiring repairs in excess of fifty (50) percent of its initial cost shall be removed.

(2)

For the purpose of this section, a nonconforming sign shall be considered an accessory to the use that exists at the time this section becomes effective. Should such use cease to exist or change to the point of requiring modification valued in excess of fifty (50) percent of its initial cost, such nonconforming sign shall be removed.

(3)

No nonconforming sign shall be altered, modified or changed to cause the sign to exceed the size and shape that exists at the time this section becomes effective. This shall not be construed to prohibit normal maintenance.

(c)

Any person maintaining such a nonconforming sign shall file and maintain with the director of engineering evidence of public liability insurance covering the existence of such sign. Such insurance shall have liability limits for bodily injury not less than one hundred thousand dollars ($100,000.00) for each person, two hundred thousand dollars ($200,000.00) for property damage, and shall indemnify and save harmless the city as an additionally insured party from any and all damages, judgments, costs or expense which the city may incur or suffer by reason of granting a permit in connection with the erection, alteration, maintenance, repair, removal or existence of such sign. It shall be the duty of the owner of any premises upon which such sign is located to notify the director of engineering of any change, expiration, renewal or claim that shall occur with respect to such insurance.

(d)

Removal of signs. Upon a finding by the director of engineering that the right-of-way is needed for city purposes and the location of the sign impedes that need, or that a change of condition has occurred affecting pedestrian and/or vehicular safety, said sign shall be removed, without cost to the city, upon thirty (30) days' written notice to the owner of the sign.

(e)

As an exception to the prohibition in this section, temporary real estate open house signs may be placed in public rights-of-way subject to the restrictions contained in Article XV of Chapter 13 of this Code.

(f)

As an exception to the prohibition in this section, temporary real estate signs advertising the sale or rental of the premises may be placed in the public rights-of-way directly adjacent to those premises subject to the restrictions contained in Article XV of Chapter 13 of this Code.

(Ord. No. 2671-80; Ord. No. 2984A-82; Ord. No. 3111-83, § 1; Ord. No. 4119-90)

Sec. 38-26.1. - Signs for public regional transportation facilities.

(a)

All publicly owned and operated regional transportation facilities may erect an entrance sign within the public right-of-way within one (1) block of the actual entrance to such facility. A directional sign may also be permitted in the public right-of-way within nine hundred (900) feet of the entrance to the facility. Erection and continued existence of such signs shall be at the sole discretion of the city and shall be subject to all conditions contained in this section.

(b)

No entrance sign shall exceed twenty (20) feet in height, nor shall it exceed one hundred (100) square feet in total sign area. No directional sign shall exceed ten (10) feet in height, nor shall it exceed seventy-five (75) square feet in total sign area.

(c)

The location, size and set back of any such sign shall be approved by the director of engineering. The director shall evaluate the sign's location, size and set back for traffic safety. Adequate site distance shall exist. The evaluation shall consider existing traffic and physical conditions and programmed road improvements.

(d)

The director of planning and development also shall approve the sign's location and size and shall, in addition, approve the materials and type of construction to be utilized. The director shall evaluate the sign's impact on signage and development at the intersection and shall determine that the sign does not substantially block the visibility of signage or development on property in the vicinity.

(e)

Any intersection where such entrance sign may be located shall be controlled by traffic signals.

(f)

Signs shall be constructed under the provisions of the Uniform Statewide Building Code.

(g)

Sign copy on entrance signs shall be limited to the name and/or the logo of the regional transportation facility. Sign copy on directional signs shall be limited to the name and/or logo of the regional transportation facility plus such additional information as is necessary for directional purposes.

(h)

Any person maintaining a sign allowed by this section shall file and maintain with the director of engineering evidence of public liability insurance covering the existence of any and all such signs. Such insurance shall have liability limits for bodily injury not less than one million dollars ($1,000,000.00) for each person and two hundred thousand dollars ($200,000.00) for property damage and shall indemnify and save harmless the city as an additionally insured party from any and all damages, judgments, costs or expense which the city may incur or suffer by reason of permitting the erection, alteration, maintenance, repair, removal or existence of such sign. It shall be the duty of the sign owner to notify the director of engineering of any change, expiration, renewal or claim that shall occur with respect to such insurance.

(i)

Upon a finding by the director of engineering that the right-of-way is needed for city purposes and that the location of the sign impedes that need, or that a change of condition has occurred affecting pedestrian and/or vehicular safety, or for any reason advancing the city's interest, said sign shall be removed, without cost to the city, upon thirty (30) days' written notice to the owner of the sign.

(Ord. No. 4549-93)

Sec. 38-27. - Fences in city rights-of-way and easements of rights-of-way.

(a)

Fences prohibited. Except as otherwise specifically provided in this section, it shall be unlawful for any person to erect, construct, locate, maintain or otherwise place any fence or like structure on any street right-of-way or easement of right-of-way. Such action on the part of any person shall upon conviction, constitute a Class 4 misdemeanor.

(b)

Fence encroachment by permit.

(1)

The director of engineering may permit fences to encroach into a city right-of-way or easement-of-right-of-way in accordance with the provisions of this subsection. The decision of the director of engineering shall be based upon the city's needs and the impact that the fence may have on vehicular and pedestrian safety or upon adjacent property owners.

(2)

Allowed encroachments.

(i)

Fence encroachments may be permitted in residential zoning districts as long as those horizontal encroachments are no greater than twenty-four (24) inches, more or less, from the property line.

(ii)

Fence encroachments may be permitted by the director of engineering within the special sidewalk easement area defined in section 38-3.2 of this Code if the encroachment is recommended by the Hilton Village Architectural Review Board (hereinafter the "board"). In the Hilton Village Historic District Commercial Area, fence types may be wood picket or other material approved by the Board. Maximum fence height above the ground level shall not exceed thirty (30) inches. Fences shall be installed with the finished side facing the adjacent property. When recommending a fence in the easement area the Board shall consider the height of the fence and its relationship to the sidewalk and street levels. Fences shall be finished and painted a color compatible with and appropriate to the historic district.

In the special sidewalk easement area fence encroachments may be placed in the running bond paver section of sidewalks adjacent to buildings. Fences shall not be placed on the herringbone patterned paver fields or the adjoining soldier course borders of the pavement.

(3)

Permit procedure.

(i)

Any property owner desiring to obtain a permit to allow a fence to encroach into the city right-of-way or easement-of-right-of-way (including the special sidewalk easement area defined in section 38-3.2 of this Code) shall file an application therefore with the director of engineering. Applicants for encroachments in the Hilton Village Historic District shall first obtain a certificate of appropriateness from the board for the fence. A non-refundable application fee of fifty dollars ($50.00) shall be paid at the time of submission of the permit application to the director of engineering. As used in the for purposes of this section, "property owner" and "permit holder" shall be defined as the original owner/applicant of the property adjacent to a right-of-way or easement-of-right-of-way who applies or applied for a permit, as well as all subsequent fee simple owners of the subject property. Once issued, a permit shall run with the land and ensure to the benefit of the original owner/applicant and all subsequent owners of the property, and such subsequent property owners shall be subject to the provisions of this section as well as the terms of the permit and any other applicable provision of the state and city codes.

(ii)

The property owner shall provide a plot diagram with each application showing the location of the proposed fence, the location of all adjacent right-of-way and easements-of-rights-of-way, the height of the fence, and the type(s) of material proposed to be used for the fence.

(iii)

The property owner shall provide evidence that Miss Utility, or its successor, has been notified and that all other required permits have been obtained, specifically including a right-of-way permit.

(iv)

It shall be the responsibility of the permit holder to insure that a permitted fence is not placed or maintained on the right-of-way or easement-of-right-of-way except in strict conformity with this section and the terms of the permit.

(c)

Building code. All fences permitted in accordance with this section shall be constructed and maintained in accordance with the requirements of the Virginia Uniformed Statewide Building Code and applicable provisions of the City Code related to fence construction and maintenance standards.

(d)

Insurance. As a condition precedent to the issuance of a permit, the property owner shall file with the city attorney evidence of general comprehensive liability insurance covering the existence of such fence. The policy of insurance shall require the insurer to defend, indemnify and hold the city harmless from any and all claims for injury or damage, and shall pay all judgments, costs or expenses which the city may incur or suffer by reason of granting a permit in connection with the erection, alteration, maintenance, repair, removal or existence of such items. Such policy of insurance shall provide liability coverage for bodily injury, death and property damage of not less than three hundred thousand dollars ($300,000.00) combined single limit during any one (1) occurrence for injury to or death of any one (1) or more persons and for property damage or destruction suffered as a result of the existence of such fence and shall name the City of Newport News as an additional insured. All such insurance required to be carried by the permit holder shall be with an insurance company licensed to do business in the Commonwealth of Virginia and approved by the Newport News City Attorney's Office. Such insurance (i) shall contain an endorsement that such policy shall remain in full force and effect notwithstanding that the insured has released its right of action against any party before the occurrence of a loss; (ii) shall name the City of Newport News as an additional insured party; and (iii) shall provide that the policy shall not be canceled, terminated or materially amended without at least forty-five (45) days' prior written notice [fifteen (15) days if due to nonpayment of premium] to the City of Newport News. Prior to the issuance of the permit, evidence satisfactory to the Newport News City Attorney's Office of the payment of all premiums for such policy, shall be delivered to the Newport News City Attorney's Office for review. As a condition subsequent to the insurance of the permit, the permit holder shall maintain the required insurance at all times during which the permitted fence is located in the right-of-way or easement-of-right-of-way.

(e)

Removal of fences. Upon a finding by the director of engineering that no permit exists for a fence encroaching into a right-of-way or easement-of-right-of-way, or that a permit holder has violated the provisions of this section or of the fence permit, or that the right-of-way or easement-of-right-of-way is needed for city purposes and the location of the fence impedes that need, or that a change of conditions has occurred affecting pedestrian and/or vehicular safety, or the permit holder as failed to maintain the fence as required by other provisions of this Code, the director of engineering may cause the fence to be removed and the costs thereof charged to the permit holder and collected as taxes are collected, or by any other method provided by law.

(Ord. No. 4113-90; Ord. No. 4997-97)

Secs. 38-28—38-33. - Reserved.