ORD 43054 - Amend OMC Chapter 43 - Issuance of Permits ORDINANCE NO. 1+3 �L
AN ORDINANCE to amend Omaha Municipal Code Sections 43-151, 43-152, 43-153,43-154, and
34-1 addressing fees applied for use of public streets, alleys, or sidewalks, and the
department responsible for issuing said permits;to repeal Sections 43-151,43-152,43-153,
43-154, and 34-1 as heretofore existing; and to provide the effective date thereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That Omaha Municipal Code Sec. 43-151 is hereby amended to read as follows:
Sec. 43-151. - Permit required.
A permit must be obtained from the permits and inspection division Public Works Department prior
to the obstruction or occupation of any street, alley or public sidewalk. (Exception: Legally parked
motor vehicles are exempt.) Sidewalks on one side of the street shall be available. If they cannot
be, a posted sidewalk detour plan with ADA accessible accommodations shall be submitted and
utilized.
The City of Omaha reserves the right to limit length and location of closures at time of application, as
well as to rescind any permit should safety concerns arise. These reasons include, but are not
limited to natural emergencies, sight-distance concerns, improper barricades or traffic control
problems. Once a permit has been rescinded, the contractor shall have 48 hours to remove the
obstruction and open up the portion of the street covered by the permit.
A permit is not required for any mobile or short-term duration obstruction or occupation of any street,
alley or public sidewalk of a time period of an hour or less. A permit is not required for any
obstruction or occupation of any street, alley or public sidewalk of a time period of 48 hours or less
when the obstruction or occupation is for work on a local street, alley or public sidewalk that the
public works director or his/her designee determines is a residential area.
Section 2. That Omaha Municipal Code Sec.43-152 is hereby amended to read as follows:
Sec. 43-152. -Application for permit.
Applications for permits under this article shall be applied for online at ParkOmaha.com, and shall
include two copies one copy of a drawing (8 '/ inches by 11 inches minimum size) showing the
location and area to be used with dimensions to the nearest property lines, curb lines and nearest
street corner and the dimensions and square linear footage of the area to be used. On arterial and
collector streets, traffic control shall be set up by a certified traffic control contractor and the traffic
control must meet the requirements of the City Barricade Manual and the Manual for Uniform Traffic
Control Devices (MUTCD).
Section 3. That Omaha Municipal Code Sec. 43-153 is hereby amended to read as follows:
Sec. 43-153. Insurance.
(a) Any person or agent needing a permit for use of the public way, as defined in this article,
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shall, before he is granted a permit, place on file with the permits and inspection division Public
Works Department proof of insurance and a signed indemnity agreement as described in
subsections (b) and (c) of this section.
(b) The applicant shall procure and maintain in effect insurance policies including the following
coverages:
(1) Commercial general liability insurance, including contractual liability insurance, with a
limit of at least $500,000.00 per occurrence and at least $1,000,000.00 general annual
aggregate limit; and
(2) Automobile liability insurance with a limit of at least $1,000,000.00 for each accident.
The insurance policies above shall be endorsed to name the city as an additional insured, and to
provide that the insurance company give 30 days prior written notice to the city in the event of
cancellation or nonrenewal of such policy. Evidence of the above required insurance shall be
furnished on an insurance industry standard certificate form acceptable to the city. If there are
special limitations on the insurance policy, then a copy of the policy exclusions must be submitted
with the insurance certificate. Proof of insurance shall be submitted directly to the city for review and
approval.
(c) The applicant shall sign and provide to the city an indemnity agreement in approximately the
following language:
"The undersigned, in consideration of the issuance, by the City of Omaha, a Nebraska municipal
corporation ("City"), of a permit for use of a public way for building operations at the address stated
below, agrees to defend, save, hold harmless and indemnify the City and its agents from all liability,
claims, damages,judgments, costs and expenses of any nature and description caused in whole or
part by or growing out of: (i)the undersigned's use of public ways during the said building operations
within the City of Omaha or its jurisdiction; (ii) the undersigned's placing or failing to place any
obstruction, barricade, material, equipment, or apparatus of any nature in any street, highway, alley,
sidewalk space or thoroughfare, as an incident to or in connection with the said building operations;
or (iii) any and all negligence on the part of the undersigned in the said building operations.
(signature of authorized representative)
(address of public way to be used)
Section 4. That Omaha Municipal Code Sec.43-154 is hereby amended to read as follows:
Sec. 43-154. Permit fee.
Before any permit required by this article is issued, the applicant shall pay a fee as follows:
(a) There is a thirty dollar ($30) fee for all permits for dumpsters and storage units. The
initial term of the permit is for 15 days. An additional fee of$30 is due for each additional 15 day
period thereafter. r 30 day period.
(b) For all other permits, the fee shall be as follows:
(i) On areas designated as an Arterial Street or higher volume,the permit holder will be
responsible to pay a fee per travel or parking lane as follows:
• 300 linear feet or less shall be$15.00 per calendar day for the duration of the permit.
• 301 to 600 linear feet shall be$24.00 per calendar day for the duration of the permit.
• 601 to 900 linear feet shall be$33.00 per calendar day for the duration of the permit.
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• Over 900 linear feet shall be $40.00 per calendar day for the duration of the permit.
(ii) On areas designated as a Collector Street or above, the permit holder will be
responsible to pay a fee per travel or parking lane as follows:
• 300 linear feet or less shall be$9.00 per calendar day for the duration of the permit.
• 301 to 600 linear feet shall be$12.00 per calendar day for the duration of the permit.
• 601 to 900 linear feet shall be$15.00 per calendar day for the duration of the permit.
• Over 900 linear feet shall be $18.00 per calendar day for the duration of the permit.
(iii) For Local Streets, sidewalks, alleys and other right-of-way areas, the permit holder
will be responsible to pay a fee per travel lane, parking lane, or walkway as follows:
• 300 linear feet shall be $6.00 per calendar day for the duration of the permit.
• 301 to 600 linear feet shall be 8.00 per calendar day for the duration of the permit.
• 601 to 900 linear feet shall be$10.00 per calendar day for the duration of the permit.
• Over 900 linear feet shall be $12.00 per calendar day for the duration of the permit.
(c) The fee shall be waived for that part of an area to be obstructed or occupied where
payment in lieu of parking meter revenue is directed by the public works director.
(d) Whenever a public street, alley or sidewalk is obstructed or occupied without first
obtaining a permit, the fee shall be quadruple that required for the first 1530-day period.
Payment is required at time of issuance of permit. If the time period from the original permit is
extended, payment is required prior to the expiration of the original permit. Refunds will be made for
days paid in advance if requested usaqe is completed ahead of schedule.
Section 5. That Omaha Municipal Code Sec. 34-1 is hereby amended to read as follows:
Sec. 34-1. Official barricading standards and street obstruction.
The traffic engineer of the city is hereby authorized to establish the barricading standards,
specifications, methods, and materials to be followed and used in barricading and protecting all
construction and maintenance activities within the right-of-way of any public street and public way in
the city to insure the safety of and protect workmen and the public. When such barricading
standards, specifications, methods and materials have been approved by the public works director,
adopted by resolution of the city council, and filed on record in the public works department, they
shall be the official barricading standards, specifications, methods and materials of the city, and they
shall be followed by all persons conducting any construction, excavation, or maintenance activities
within the right-of-way of any public street or public way.
All persons who are obstructing or occupying a street, alley or public sidewalk who do not have
authorization to obstruct or occupy the street, alley, or public sidewalk due to authority specifically
provided in Chapter 34 of the Omaha Municipal Code, must secure a permit as is contemplated by
Article IV of Chapter43 of the Omaha Municipal Code.
Section 6. That Omaha Municipal Code Sections 43-151,43-152,43-153,43-154 and 34-1
as heretofore existing are hereby repealed.
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Section 7. That this Ordinance shall be in full force and take effect 15 days from and after
the date of its passage.
INTRODUCED BY COUNCILMEMBER
APPROVED BY:
5-7
PASSED SEP 13 2022 Lo -D
MAYOR OF THE CITY OF OMAHA DATE
ATTEST:
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CITY CLERK OF T CITY OF OMAHA DATE
APPROVED AS TO FORM:
7 DEPUTY CITY ATTORNEY (D8
ATE
2022\20588se1