§ 2:50. Structures encroaching.

(a)

No temporary or permanent structure or building or part thereof, or wall, fence, steps, posts or other obstruction shall be erected or permitted to remain after being erected, on any street, alley, sidewalk or other public place, except by permission of the council, and except as is provided in section 2:152(b). Nothing in this section shall be construed as prohibiting the display of wares as is provided for in section 2:152(a).

(b)

A property owner wishing to construct a canopy, awning or other type shelter over a walkway, which covering extends from a building and would be closer to the street than is now permitted by the comprehensive zoning ordinance of the city-parish and will have supports which will project into or within the street right-of-way, may obtain a special permit for the installation of such covered walkway from the director of public works provided:

(1)

The owner has otherwise complied with all applicable building regulations and furnishes to the city-parish his agreement that the covering and the supports thereto will be removed without cost to the city-parish at any time such removal becomes necessary for street, drainage or other similar public improvement purposes, or is required to improve the safety of traffic or to insure the safety of pedestrians. The covering and its supports shall be removed within ten (10) days after notice from the city-parish directing the owner to cause such removal. If the covering and its supports are not removed within the ten (10) day period given, the city-parish shall have the right to cause same to be removed without further notice or demand.

(2)

The covering and its supports shall be constructed in accordance with plans and specifications approved by the department of public works but in no event shall the covering be less than a height of eight (8) feet minimum clearance from the sidewalk, and the covering and its supports shall not be closer than twenty-four (24) inches from the street curb.

(3)

The owner shall further agree to hold the city-parish harmless from any damage resulting from the construction and maintenance of the covering and its supports, and shall provide evidence of liability insurance protecting against bodily injury and property damage in an amount not less than fifty thousand dollars ($50,000.00) through one hundred thousand dollars ($100,000.00) for bodily injury and five thousand dollars ($5,000.00) property damage.

(4)

No permit authorized under the provisions hereof shall be issued until and unless all of the above requirements have been complied with and evidence of the owner's agreement and of the insurance coverage required hereunder filed with the building official.

(City Code 1951, Title 2, § 50; Parish Code 1962, Title 2, § 60)