Las Vegas City Ordinances, March 31, 1933 to October 25, 1950, lvc000014-315

EMERGENCY ORDINANCE NO. 343 AN ORDINANCE REGULATING THE CONSTRUCTION AND MAINTENANCE OF BUSINESS, COMMERCIAL AND IN­DUSTRIAL DRIVEWAYS IN THE CITY OF LAS VEGAS; REQUIRING PERMITS THEREFOR AND PROVIDING FOR THE ISSUANCE THEREOF; FIXING AND IMPOSING THE FEES TO BE PAID UPON THE ISSUANCE OF PERMITS; CANCELLING AND REVOKING ALL PERMITS FOR SUCH DRIVEWAYS HERETOFORE ISSUED; PROVIDING FOR THE REVOCATION OF PERMITS ISSUED HEREUNDER; PRESCRIBING A PENALTY FOR THE VIOLATION OF ANY OF THE PROVISIONS HEREOF; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND OTHER MATTERS PROPERLY RELATED THERETO. WHEREAS, driveways, as hereinafter defined, within the City of Las Vegas have created an exceptional traffic hazzard and have unreasonably restricted the use of the streets insofar as the rights of the general public are concerned, and WHEREAS, by reason thereof, an emergency exists immediately necessitating the adoption of measures for the further supervision of such driveways to preserve the public health, safety and welfare, now, therefore, The Board of Commissioners of the City of Las Vegas do ordain as follows: Section 1. The term "driveway" as used in this ordinance shall mean any driveway entering any street from private property and intended for use and used by the public to serve the business, commerce or industry located on said property. Section 2. It shall be unlawful to construct or maintain any service driveway in the city of Las Vegas, or to continue the maintenance of any service driveway heretofore constructed, without first having secured a permit therefor and having paid the fee as herein provided. Section 3. Application in writing for such permit shall be made to and upon forms furnished by the City Engineer and shall state the location of the proposed or existing driveway, its grade, type of construction, design and dimensions, its purpose, the nature of the property or business it is to serve or is serving, and such other information as may be required by the City Engineer, who shall issue a permit therefor if he finds upon investigation, taking into account the estimated amount of pedestrian and vehicular traffic on said driveway and on the adjacent street and sidewalk, and having due regard for the interests and convenience of the public and a reasonable use of the property served or to be served by such driveway, that the proposed or existing driveway will not substantially impair, endanger, interfere with, or be a menace to the public safety, provided, however, that no permit shall be issued without the approval of the Board of Commissioners for the construction of a driveway in excess of thirty-two (32) feet in length at the curb or lot line, nor unless a safety island space of at least ten )10) feet measured along the curb and lot line shall be provided between driveways on frontage in the same ownership, except that such permit may be issued without such approval of the Board of Commissioners first obtained for any existing driveway where the same has heretofore been constructed with the approval of the Building Inspector and is now in actual use, and all driveways, with curb and gutter returns, shall be located and constructed according to the specifications and under the direction of the City Engineer, and according to the ordinances and regulations of the City of Las Vegas. Section 4. Upon the issuance of a permit and every successive renewal thereof, as herein provided, the City Engineer shall collect from the applicant therefor, and pay over to the City Treasurer, the fee of Fifty Cents (50¢) for each lineal foot or fraction thereof of authorized driveway, measured along the curb or lot line, whichever is greater, and no permit or renewal thereof shall be valid, nor shall any right, authority or privilege accrue thereunder to the holder thereof, unless and until said fee is paid. Said permit and every successive renewal thereof shall expire on March 31, June 30, September 30 or December 31, whichever next ensues the date of the issuance thereof. Upon the expiration of said permit or any renewal thereof, as herein provided, the City Engineer may grant renewals thereof for further successive quarter-yearly periods from the date of each such expiration upon appli­cation therefor by the holder of said permit and the payment of the fee, herein provided, for each such renewal. Section 5. Without limiting the rights, powers and authority vested by law in the City of Las Vegas in respect to the suspension, revocation or cancellation of permits, and in addition to every remedy vested by law in said City in relation thereto, the acceptance of a permit or any renewal thereof under the provisions of this ordinance shall constitute an agreement on the part of the holder thereof, as a condition for the granting of the same; that: (a) Said permit, or any renewal thereof, may be revoked by the Board of Com­missioners at any time, in its sole discretion, with or without notice to the holder of the permit. (b) Said permit, or any renewal thereof, may be revoked by the Board of Commissioners at any time for any violation of any of the provisions or conditions of said permit. (c) Said permit, or any renewal thereof, may be revoked by the Board of Com­missioners at any time for any violation of any of the regulations or ordinances of the City of Las Vegas by the holder of said permit, in connection with the maintenance or use of the driveway, or by any others using said driveway with the consent, express or implied, of the holder of said permit. (d) Said permit, or any renewal thereof, may be revoked by the Board of Com­missioners at any time upon the failure or refusal of the holder thereof to construct and continuously maintain the driveway according to the specifications of the City Engineer, or the Board of Commissioners as provided in Section 6 hereof, and under the direction of the City Engineer, and according to the ordinances and regulations of the City of Las Vegas, or upon his failure or refusal to maintain said driveway in good order and condition, or upon his failure or refusal to make such necessary repairs thereto as directed by the City Engineer, or if, in its sole discretion, the Board of Commissioners shall determine that said driveway for any reason whatever is or has become dangerous and a menace to the public safety, or for any reasons of public welfare.