§ 146-571. Conditions and restrictions.

(a)

Operating permits are subject to modification, suspension or revocation by the City of New Orleans at any time during the period of validity if the city requires the subject right-of-way area cleared for street, sidewalk, or utility repair or other public purposes.

(b)

Operating permits are non-transferrable and may not be assigned or granted to any other person or business which may occupy the dwelling to which a permit has been issued. A subsequent owner or renter of a property with an electric vehicle charger may submit a permit application before expiration of the permit. The requirement to remove the electric vehicle charger will be postponed while the new permit application is reviewed. Upon approval of such application, a transfer fee will be assessed in addition to any permit fees which may be due.

(c)

The permittee accepts the prevailing site conditions including, but not limited to, loading and passenger zones, loading zones, obstructions within the right-of-way, active residential permit parking zone restrictions and permitting requirements, street cleaning parking restrictions, and automobile traffic.

(d)

Operating permits shall be automatically suspended for periods two hours before and two hours after a carnival parade for locations on parade routes.

(e)

The director of safety and permits may suspend operating permits without prior notice in the event of permitted special events where crowd control is likely to be necessary.

(f)

The departments of police and fire and any other emergency response agency may require immediate removal, deactivation, or relocation of the electric vehicle charger in emergency situations.

(g)

The City of New Orleans, its officers, agents, or any private utility company operating pursuant to a franchise granted by the city council, their officers, agents, or employees shall not be responsible for electric vehicle charger components relocated during emergencies.

(h)

Issuance of an operating permit does not grant, convey, or infer any vested right to the use of the right-of-way by the permittee nor does it constitute a deed, grant of easement, or servitude by the city. The city retains the right to deny the issuance or renewal of an operating permit for noncompliance with the provisions of this division, the City Code, or the comprehensive zoning ordinance.

(i)

No area of the right-of-way shall be painted, modified, or altered in any way without prior written approval of the director of the department of public works. No part of the right-of-way shall be obstructed, blocked, or otherwise reserved for a permittee's use of the approved electric vehicle charger. The public right-of-way shall remain available for parking of the general public at all times when the location is not legally occupied by the permittee's vehicle.

(j)

The city and/or its agents may schedule general cleaning and maintenance operations. If such work is scheduled, the city and/or it agents shall give notification of its scheduled cleaning times in advance of such operations to permittees if the city expects such cleaning or maintenance will effect the permitted electric vehicle charger. Each permittee in the affected area shall remove, or cause to be removed, electric vehicle chargers so that they do not inhibit the scheduled cleaning, repair, and/or maintenance operations.

(M.C.S., Ord. No. 27545, § 1, 9-28-17, eff. 10-1-17)