Chapter 13.10
GENERAL SIDEWALK USE
Sections:
13.10.040 Responsibilities designated.
13.10.060 Standards and specifications.
13.10.090 Violation – Penalty.
13.10.010 Intent.
The city considers business pedestrian ways a unique interface of public and private property. The intent of this chapter is to allow certain business uses, amenities and/or conveniences in the pedestrian-oriented right-of-way as an attraction to city businesses while providing a comfortable and appealing experience for downtown patrons. (Ord. 739 § 1, 2013).
13.10.020 Applicability.
This chapter applies to pedestrian ways that are a part of city-owned property or rights-of-way (i.e., sidewalks, trails, or similar pedestrian-oriented amenities) within the city that are zoned C-1, C-2 and M-1 according to the city’s zoning title. This chapter does not apply to use of city right-of-way for traffic control, city placement of public improvements, placement of utilities or similar uses normally requiring a franchise, nor does it apply to the placement and care of street trees, or construction activity regulated by Chapter 13.12 TMC. (Ord. 739 § 1, 2013).
13.10.030 Use authorized.
No person shall use any sidewalk, pedestrian walkway or other similar public place owned by the city in a manner that is inconsistent with this title; permission to use any sidewalk or pedestrian walkway is conditionally granted. (Ord. 739 § 1, 2013).
13.10.040 Responsibilities designated.
It is the duty and responsibility of the abutting property owner to maintain the general use of the abutting sidewalk or pedestrian walkway in conformance with this chapter, including the placement of portable sidewalk signs advertising off-premises businesses. (Ord. 739 § 1, 2013).
13.10.050 Priorities of use.
The priorities of various uses and demands of sidewalks and pedestrian ways are listed from the highest to lowest to assist in the proper application of this chapter when there is an apparent conflict in codes or interests and demands:
A. Safe pedestrian travel throughout the community.
B. Vehicle traffic and regulatory controls and signage.
C. Utility and fire safety apparatus installations.
D. Community amenities as directed by the city including right-of-way trees.
E. Adopted street scape plans.
F. Pedestrian way use permits as regulated by Chapter 13.12 TMC.
G. General sidewalk use as regulated by this chapter. (Ord. 739 § 1, 2013).
13.10.060 Standards and specifications.
A. Pathway Width and Continuity. A continuous convenient pathway shall be maintained that is not less than 60 inches in width and shall be conveniently connected to and transition to the pathways in front of adjoining properties.
B. Clearance from Fire Apparatuses. A clear space of not less than 36 inches shall be maintained around fire service items such as but not limited to hydrants, post indicator valves and fire department connectors.
C. Prohibited Locations. Items shall not be placed on or over or cover utility meter and valve boxes and accessible curb ramps and maneuvering spaces. Items shall not block means of egress from buildings or fire department access panels.
D. Height Limitations. Items that exceed 36 inches in height as measured from the pedestrian way surface shall not be placed in the clear vision area of intersections. The clear vision area is defined by the triangular-shaped portion of land established at street intersections measured along 15 feet of the two curb lengths and in cases without curbs the length is measured along 30 feet of the two traveling ways.
E. Time Limitations. Portable signs may only be placed on pedestrian ways when the advertised business is open for business.
F. Suitable Material. Items, merchandise and amenities placed on pedestrian ways for a period of overnight shall be of a material designed and suited for exterior use and exposure.
G. Unlisted Situations and Policies. The permit administrator shall have the authority to render interpretations of this chapter and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in conformance with the intent and purposes of this chapter. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this chapter. (Ord. 739 § 1, 2013).
13.10.070 Revocation.
A. All authorizations granted pursuant to this chapter shall be temporary, shall vest no permanent right in the applicant and/or use thereof, and may be revoked by the permit administrator, upon the occurrence of any of the following:
1. Immediate revocation in the event of a violation of any of the terms and conditions of the authorization;
2. Immediate revocation in event such use becomes, for any reason, dangerous or any item or use or obstruction authorized becomes insecure or unsafe;
3. Upon 30 days’ written notice if the authorization is not otherwise for a specified period of time and is not covered by the preceding subsections.
B. If any use or occupancy for which the authorization has been revoked is not immediately discontinued, at the direction of the permit administrator the city may proceed to remove any such item or obstruction or cause to be made repairs upon the item or obstruction as may be necessary to render the same secure and safe, the cost and expense of which shall be assessed against the abutting owner, including all fees, costs, and expenses incurred, including attorneys’ fees associated with the enforcement of or collection of the same.
C. Blanket permission may be revoked by the permit administrator in writing to an abutting property owner in cases of repetitive and/or habitual violations of the provisions of this chapter. In such cases permission may be reestablished by the city council when the council finds that said owner has provided adequate control measures to ensure conformance with this chapter. (Ord. 739 § 1, 2013).
13.10.080 Appeal.
A. The abutting property owner aggrieved by an action or ruling of the permit administrator authorized by this chapter may appeal to the city council within 15 days after the permit administrator has rendered a decision. The appeal shall be in writing and filed with the city clerk-treasurer. If no appeal is taken within the 15-day period, the decision of the permit administrator shall be final. If an appeal is filed, the city council shall receive a report and recommendations from the permit administrator, and shall hold a public hearing on the appeal after due notice to the appellant. Subsequent to the public hearing, the city council shall affirm, modify, or overrule the ruling or action of the permit administrator.
B. Council decisions are final. General sidewalk use authorization shall be considered a privilege, not a right; therefore, decisions on such authorizations shall not be appealable. (Ord. 739 § 1, 2013).
13.10.090 Violation – Penalty.
Any person violating any of the provisions of this chapter shall be subject to a penalty pursuant to Chapter 1.08 TMC as the same exists now or may be hereinafter amended and for any costs incurred by the city relative to any violations. (Ord. 739 § 1, 2013).