§ 1403. Restrictions and conditions.

The following restrictions and conditions shall apply and be made a part of the permit authorizing the use of Central Business District rights-of-way for placement of a sign:

A.

No sign shall be placed so as to interfere with pedestrian or vehicular traffic along any rights-of-way;

B.

No maintenance costs associated with the sign shall be paid by the City;

C.

The City shall bear no cost of future maintenance of that portion of the rights-of-way impacted by the placement of a sign and such maintenance shall be the exclusive responsibility of the owner of the land to which the sign is attached, or on which the sign is located;

D.

No liability for property damage or personal injury arising out of the installation or maintenance of the sign placed in the rights-of-way shall attach to the City, but shall be the exclusive responsibility of the owner of the land to which the sign is attached, or on which the sign is located;

E.

Permission for the placement of a sign as authorized in this chapter does not waive any privileges or rights in favor of the City, public utilities or franchise holders, their agents, servants and employees in, to or under the subject rights-of-way;

F.

In the event it becomes necessary for any public purpose, including but not limited to construction, installation, maintenance, repair or discontinuance of utilities over, upon or in the rights-of-way occupied or impacted by a sign, in whole or in part, to remove the sign for the reason that it interferes with the privileges or rights of the City, its agents, servants and employees, including public utilities companies or franchise holders, the sign shall be timely removed by the owner of the land to which the sign is attached, or on which the sign is located. In the event the removal is not accomplished as required in this subsection, the sign may be removed by the City, its agents, servants or employees, including public utility companies, franchise holders, or their independent contractors, at the expense of the person who is the owner of the land to which the sign is attached, or on which the sign is located;

G.

The owner of the land to which the sign is attached, or on which the sign is located, shall defend any and all claims, liabilities, suits at law or equity brought against the City, its agents, servants or employees, including public utility companies or franchise holders, resulting from the operation, construction, installation or maintenance of such sign by the owner or third parties, and shall further indemnify the City, its agents, servants or employees, including public utility companies and franchise holders, for any damages suffered as a result thereof.

(Ord. No. 22419, § 1, 4-21-2011)