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2020-28ORDINANCE NO.2020-28 AN ORDINANCE AMENDING CHAPTER 82 (STREETS, SIDEWALKS AND OTHER PUBLIC PLACES), ARTICLE I (IN GENERAL), TO ADD A NEW SECTION GRANTING CERTAIN POWERS TO THE CITY MANAGER RELATING TO TEMPORARY STREET AND PUBLIC RIGHT OF WAY CLOSINGS IT IS HEREBY ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 82, Article I of the Code of the City of Fairfax, Virginia, be and the same is amended to add thereto a new Section 82-3, to read in its entirety as follows: "Sec. 82-3. — Temporary Street/Public Right -of -Way Closings. (a) Notwithstanding anything else in this article to the contrary, but subject to the provisions of this section, the city manager or his designee may close all, or any portion of, any city public right-of-way to public use and/or travel to permit the temporary use of such city public right-of-way for other than public purposes. (b) Prior to closing any city public right-of-way, the city manager shall determine that such temporary closure is warranted and necessary, that it does not unduly interfere with the public convenience and safety, that it is required due to the nature of the contemplated temporary use, and that adequate provisions are, or will be, in place to adequately ensure the detour of through traffic, particularly in the case of any city public right-of-way that is a part of the state highway system. (c) Any such temporary use shall be pursuant to a written permit issued by the city manager or his designee. Application for such temporary use permit shall be made in writing to the city and a fee for such temporary use and permit may be charged by the city. Such permit, when issued, shall set forth the specific location(s) and the use(s) approved for the temporary use, together with its duration, which shall in no event exceed thirty (30) total days unless the permit is extended or reissued. The city manager is authorized to promulgate rules and regulations pertaining to such permits and to the temporary use authorized thereby, specifically including, but not limited to, reasonable time, place and manner restrictions. In addition, such permit may be conditioned upon the permittee(s) furnishing evidence of appropriate public liability and property damage insurance coverage insuring the liability of such permitee(s) for any personal injury or death, and for property damage, resulting from such temporary use in such amount as may be determined by the city. The city shall be named as an additional insured on any such insurance contract. Further, the 1 permittee(s) shall be liable for damages to persons or property arising out of or on account of such permitted temporary use. (d) Any pemzittee(s) shall further comply with applicable permit and use requirements imposed by the city and the Commonwealth and any other reasonable conditions that are deemed necessary by the city manager or his designee to protect the public health, safety and general welfare and which are included in such permit, either directly or by reference therein. (e) Failure by any pernvttee(s) to fully and completely comply with any and all requirements of such permit, or any applicable city ordinances, regulations or directives, whether or not in place at the time of permit issuance, may be grounds for the city manager to immediately revoke such permit or further condition the same. (f) Any resident or owner of a business located within the city may appeal the issuance of any permit issued pursuant to this section, within five (5) days following the issuance of the same. Such appeal shall be in writing and the city manager shall render a final decision on any such appeal within five (5) days following receipt of the same. The city manager's decision on any such appeal shall be final and not subject to any further administrative appeal." This Ordinance shall become effective as provided by law. INTRODUCED: October 13, 2020 PUBLIC HEARING: October 27, 2020 ENACTED: October 27, 2020 ATT Clr. ; Zvq�t.,� ity Clerk 0111I Il_09 Mayor Meyer Aye Councilmember Harmon Aye Councilmember Lim Aye Councilmember Miller Aye Councilmember Ross Aye Councilmember Stehle Aye Councilmember Yi Absent v Mayor Date