§ 723-8. Planters.

(a)

The city manager or his designee may grant a revocable street privilege to any person desiring to place and maintain a planter in the public rights-of-way.

(b)

Planters (including plants) shall be placed:

1.

In a location that is not directly in front of an entrance to a building;

2.

At least six (6) feet from any alley, pedestrian crosswalk, driveway curb cut, curb ramp, fire hydrant or sidewalk café and at least four (4) feet from any bicycle rack;

3.

In a manner such that the open area available for pedestrian traffic is not less than six (6) feet in front of or behind the planter in those areas established as business districts as shown on the building zone map ("Neighborhood Business Area"), or in any area designated by the department of transportation and engineering as having a high volume of pedestrian traffic ("High Pedestrian Area"), or less than four (4) feet in all other areas of the city;

4.

In a way that does not block access to buses at bus stops, fire escapes, sidewalk access doors, traffic or street lighting equipment, utility valve boxes or other utility equipment;

5.

In a way that does not obstruct permanent building signage or building display windows (unless prior permission from the property owner has been obtained);

6.

In a way that does not obstruct curb control signage or traffic signal equipment, including pedestrian crosswalk signs.

(c)

No advertising may be displayed upon any planter; provided, however, that the name of the donor or sponsor may be displayed on a plaque no larger than eight (8) inches long by three and one-half (3 ½) inches high.

(d)

Persons desiring to secure a revocable street privilege for placement of a planter within the public right-of-way shall submit an application on a form to be provided by the city manager or his designee which shall:

1.

Identify the name of the applicant;

2.

Identify the requested location for the planter;

3.

Identify the name and address of the person authorized to receive notices pursuant to Chapter 718 of the Cincinnati Municipal Code;

4.

Include proof of liability insurance in an amount not less than $500,000.00. The City of Cincinnati shall be named as an additional insured;

5.

Include a non-refundable application fee of $10.00 for each planter requested.

(e)

Revocable street privileges for planters shall not expire, but shall be revocable as set forth in Chapter 718 of the Cincinnati Municipal Code.

(f)

Holders of revocable street privileges for planters must maintain liability insurance in an amount not less than $500,000.00 at all times while the revocable street privilege is in effect. The City of Cincinnati shall be named as an additional insured. Proof of insurance shall be provided upon request. Failure to provide proof of insurance may result in the revocation of the revocable street privilege.

(Ordained by Ord. No. 363-2009, § 1, eff. Jan. 16, 2010)

Cross reference

Penalty, § 723-99-C.