Chapter 29

STREETS AND SIDEWALKS[1]

Art. I. In General, §§ 29-1—29-15

Art. II. Encroachments and Other Activities in Public Rights-Of-Way, §§ 29‑16—29-35

Art. III. Trees and Landscaping in Public Rights-Of-Way and Parks,

§§ 29-36—29‑60

Art. IV. Sidewalk Construction, §§ 29-61—29-69

Art. V. Sitting or Lying Down on Public Sidewalks in the Downtown

Commercial District, §§ 29-70—29-71

ARTICLE I. IN GENERAL

Sec. 29-1. Use of public rights-of-way; permit.

(a) No person shall erect, maintain or use any booth, stand, counter or vehicle upon any public street, sidewalk, alley or other public right-of-way, for any purpose whatsoever, without first obtaining a permit from the financial services manager or his authorized representative. Such permit shall only be issued upon specific recommendation of the public works manager and the police chief, or their authorized representatives.

(b) Any person issued a permit under subsection (a) of this section shall also comply with all other applicable sections of the code and all other applicable laws, ordinances and regulations issued under the authority of laws or ordinances.

(Code 1967, §§ 23-40, 23-41; Ord. No. 2001.17, 7-26-01)

Sec. 29-2. Adjacent property owners to maintain sidewalks, gutters, alleys.

(a) It shall be the duty of all persons to keep the sidewalks in front of the premises owned, occupied or controlled by them and the land that lies between the back of the curb and the right-of-way on the side of the street on which their premises are located in good repair and free and clear of all grass, weeds and rubbish.

(b) Such persons shall also:

(1) Keep the branches of all trees growing along such sidewalks so trimmed and cut as not to interfere with the free use of any part of the sidewalk or street by the public for travel;

(2) Keep all irrigating and waste ditches appertaining to, running by or adjacent to such premises, together with the borders thereof, in good repair so as to prevent the escape of water therefrom and so as not to obstruct the easy and natural flow of the water therein;

(3) Maintain each alley that is adjacent to their premises free of weeds and debris to the center line of such alley.

(Code 1967, § 30-2)

Sec. 29-3. Dustproofing alleys.

(a) All alleys used by vehicular traffic for access to abutting parking areas within the city shall be maintained in a dust-free condition by the using property owners. Upon the failure of using property owners to properly maintain an alley in a dust-free condition, the city manager may recommend to the city council that a particular alleyway or portion thereof be dustproofed at the expense of those abutting property owners using the alley for access to their parking areas. Upon approval by the city council, the city manager shall send or cause to be sent a written notice by certified mail to the owners of record adjacent to such alley or portion thereof to abate the condition. If such owners of record to whom written notice has been sent neglect, fail or refuse for more than sixty (60) days from the date of mailing such notice to dustproof such alley or portion thereof to the satisfaction of the public works manager, the city council may direct the city manager to cause the alley to be dustproofed and to charge the abutting property owners using the alley for vehicular access to their property, such charge to be prorated on a frontage basis.

(b) Within thirty (30) days after the necessary dustproofing has been completed and the cost of same determined by the city, the public works manager shall send written notice to the abutting property owners of their pro rata share of the cost of such dustproofing. If remittance has not been received by the city within thirty (30) days from and after mailing such notice to the abutting property owners of record, the public works manager shall prepare duplicate copies of the notice and claim of lien and send one copy to the owner of record and record the remaining copy with the office of the county recorder within ten (10) days after the expiration of such thirty-day remittance period. From and after the date of recording such notice and claim of lien with the county recorder, the city shall have a lien upon the buildings, grounds and premises for the amounts owed by the respective property owners. The city shall have the right to bring an action to enforce the lien in the superior court of the county at any time after the recording of the notice and claim of lien, but failure to enforce the lien shall not affect its validity. The recorded lien shall be prima facie evidence of all matters recited therein and in the regularity of all proceedings prior to the recording thereof. Prior charges for the purposes provided in this section shall not be a bar to a subsequent charge or charges for the aforementioned purposes and any number of liens on the same lot or tract of land may be enforced in the same action.

(Code 1967, §§ 30-20, 30-21; Ord. No. 2001.17, 7-26-01)

Sec. 29-4. Working within right-of-way.

(a) For the purposes of this section, the following words or phrases shall have the meanings respectively ascribed to them by this subsection:

(1) Motor vehicle means any vehicle required to be licensed or registered under the laws of the state.

(2) Protective devices include, but are not limited to, orange vest (daytime), reflectorized orange vest (nighttime), traffic cones, barricades, flashing lights, flares and any other traffic-control device as required by the city.

(3) Right-of-way means all of that property used as a traveled portion of public roadways for motor vehicles lying between the exterior boundary lines of any area granted to or received by the city by grant, gift, easement, deed, dedication or operation of law for street purposes.

(4) Worker means any person whose duties cause his presence in the right-of-way.

(b) No person shall perform any work within the right-of-way until he is properly equipped with protective devices.

(c) Any persons violating any of the provisions of this section shall be guilty of a misdemeanor and punishable as set forth in § 1-7 of this code.

(Code 1967, § 30-7.1)

Secs. 29-5—29-15. Reserved.

ARTICLE II. ENCROACHMENTS AND OTHER ACTIVITIES

IN PUBLIC RIGHTS-OF-WAY

Sec. 29-16. Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section, unless the context clearly indicates a different meaning:

Public rights-of-way means that property used as public thoroughfares and lying between the exterior boundary lines of any area granted to or received by the city by grant, gift, easement, deed, dedication or operation of the law for street, alley, walk or utility purposes.

Sidewalk means that portion of a street between the curb lines or the lateral lines of a roadway and the adjacent lines, intended for use of pedestrians.

Street means the entire width between the boundary lines of every way, when any part thereof is open to the use of the public for purposes of vehicular travel.

Vehicle means a conveyance which is self propelled.

(Code 1967, § 30-3)

Sec. 29-17. Applicability.

This article shall be the rules and regulations governing encroachments upon and work within the public rights-of-way in the city.

(Code 1967, § 30-4)

Sec. 29-18. Administration; enforcement.

(a) The city engineer or his authorized agent is designated as administrator and enforcing officer of this article.

(b) Any person who commences or causes to be commenced any work in the public right-of-way for which a permit is required by this code without first having obtained a permit therefor shall pay, in addition to the permit fee for such work, an investigation fee. The amount of the permit fee and the amount of the investigation fee shall be as established by the city council by resolution (see Appendix A).

(c) Any person who works in the public right-of-way with or without a permit shall defend, indemnify and hold harmless the city, its officials, officers, agents, volunteers and employees against any and all damages which may arise out of such work and shall comply with all requirements of the permit.

(d) The city engineer may revoke any license or permit issued or may impose an investigation fee under the provisions of this article. The decision to revoke a permit or license or impose an investigation fee may be appealed directly to the city manager. Any such appeal shall
be in the form of a written petition to the city manager and shall be filed with the city engineer not later than ten (10) days after the date the license or permit is revoked or investigation fee is imposed.

(Code 1967, § 30-7; Ord. No. 2005.75, 10-20-05)

Sec. 29-19. General regulations.

(a) No work of any nature shall be performed in a public right-of-way, except under a permit issued by the city engineer, unless otherwise allowed by this code or any other ordinance of the city. The city engineer shall provide the forms for and set forth the rules, regulations and procedures governing the issuance of permits.

(b) The standard specifications and details of the city are made a part of this article and incorporated in this article by reference. All work performed in a public right-of-way shall be accomplished in accordance with these specifications and details.

(c) All permittees shall give the city engineer twenty-four (24) hours' notice before commencing any work within a public right-of-way.

(d) Permit fees shall be set by the city council by resolution. The city engineer with the concurrence of the city manager shall provide the city council with a list of the various classes of permits and the recommended charge for each class (see Appendix A).

(e) A notice of completion shall be prepared by the city engineer and filed by the city clerk in the office of the county recorder on all work performed for the city by contract in a public right-of-way, the total contract price of which exceeds two thousand dollars ($2,000).

(Code 1967, § 30-6)

Sec. 29-20. Discharge of water from private premises.

No person shall flow, discharge or run from his premises, residence or place of business upon any street, alley or public right-of-way within the city any water or other liquid unless authorized, in writing, by the city engineer.

(Code 1967, § 30-7(a))

Sec. 29-21. Creating obstructions.

No person shall, or cause any person in his employ to, obstruct or place any obstruction upon, across or along any street, alley or public right-of-way so as to hinder the free and proper use thereof. Temporary obstructions may be permitted, in writing, by the city engineer for construction purposes and for the moving of buildings, when it can be shown that an undue hardship would result or when such an obstruction is necessary for the preservation of the public safety. No such obstruction shall be left in place for a period of time longer than permitted to accomplish its purpose.

(Code 1967, § 30-7(b))

Sec. 29-22. Soliciting, selling in right-of-way.

No portion of any public right-of-way shall be used for soliciting, merchandising, vending or selling of any nature, except where otherwise allowed by this code or any other ordinance of the city.

(Code 1967, § 30-7(d))

Sec. 29-23. Signs, other advertising structures in right-of-way.

No lights, banners or advertising structures shall be placed within, upon or across a public right-of-way, except by permit granted upon application to the city engineer. Signs placed outside of the public right-of-way and near thereto shall not encroach upon the right-of-way, except as provided by the sign encroachment diagram incorporated by reference in this article, and on file with the city clerk, entitled "Right-of-Way Sign Encroachment". Such a permit shall be granted upon a showing that the public safety and welfare will not be endangered thereby.

(Code 1967, § 30-7(g))

Secs. 29-24—29-35. Reserved.

ARTICLE III. TREES AND LANDSCAPING IN PUBLIC

RIGHTS-OF-WAY AND PARKS

Sec. 29-36. Purpose.

It is in the best interests of the city that rules and regulations be adopted for the planting and maintenance of trees and landscaping in the public rights-of-way and parks in the city.

(Code 1967, § 30-8)

Sec. 29-37. Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section, unless the context clearly indicates a different meaning:

Public park means any area under the jurisdiction and administration of the city regularly used for recreation or landscaping and not otherwise classified.

Public right-of-way means all that property used as public thoroughfares, and lying between the exterior boundary lines of any area granted to or received by the city by grant, gift, easement, deed, dedication or operation of law for street, alley or walkway purposes. Areas used exclusively for utility purposes are specifically excluded.

(Code 1967, § 30-9)

Sec. 29-38. Enforcement.

The public works manager shall be the enforcing authority over all plantings within public rights-of-way and over all plantings in public parks.

(Code 1967, § 30-10; Ord. No. 2001.17, 7-26-01)

Sec. 29-39. Specifications.

All planting, landscaping and maintenance of planting and landscaping performed in public rights-of-way and public parks shall be accomplished in accordance with city standard specifications for planting and landscaping which shall be the subject of a resolution of the city council. Trees planted in the rights-of-way, and not in public parks, shall comply with the requirements of the Arizona Department of Water Resources Low Water Using Plant List pursuant to Chapter 5, 5-112A.2 of the Second Management Plan, Second Management Period 1990-2000.

(Code 1967, § 30-11(A); Ord. No. 97.56, 12-11-97)

Sec. 29-40. Supervision of planting, etc.; city to provide necessary forms, regulations.

(a) The public works manager shall have general technical and supervisory control of all planting, setting out, location, placement, removal, trimming and care of all trees and shrubs in public parks and public rights-of-way.

(b) The public works manager shall be responsible for providing all forms and rules and regulations necessary to carry this article into effect.

(Code 1967, § 30-11(B); Ord. No. 97.56, 12-11-97; Ord. No. 2001.17, 7-26-01)

Sec. 29-41. Permits.

No person shall plant, move, remove or replace any tree or shrub in a public right-of-way except by permission of the public works manager. This shall not apply to grass and shrubs having a potential growth of less than two (2) feet in height, except that no such low-growing grass or shrubs shall be allowed to grow over or overhang any sidewalk, alley or walkway. Except as set forth in § 29-42, such permission may, within the discretion of the public works manager, be orally given.

(Code 1967, § 30-11(C) ; Ord. No. 2001.17, 7-26-01)

Sec. 29-42. Continuing permits for licensed contractors.

Licensed landscape contractors and utility companies upon written application to and approval by the public works manager may be granted continuing permits to perform landscaping, planting, trimming of trees and landscaping maintenance in public rights-of-way without securing written permission for each separate job; however, this shall not relieve such contractors from the responsibility of orally notifying the public works manager prior to performing the work, and any work performed by such licensed contractors shall comply with city standard specifications for planting and landscaping. Permission granted to a licensed contractor or utility company shall continue until revoked, and the public works manager shall revoke any permit issued under this section for nonconformance with the provisions of this article.

(Code 1967, § 30-11(D) ; Ord. No. 2001.17, 7-26-01)

Sec. 29-43. Implementation of planting program.

(a) Programs for planting or landscaping may be implemented by personal application to, and approval by, the public works manager, or by the improvement district procedure as provided in this section.

(b) Persons interested in planting or landscaping on public rights-of-way shall make application to the public works manager who shall review their proposal in accordance with requirements of this article. He shall make any necessary changes or recommendations that may be necessary in the proposal and may grant permission for such planting or landscaping. No planting or landscaping shall be done until permission has been granted except as otherwise provided herein, and where required, a maintenance agreement shall be executed between the public works manager and the permittee.

(c) Planting and landscaping may be accomplished by improvement district pursuant to the laws of the state.

(Code 1967, § 30-12; Ord. No. 2001.17, 7-26-01)

Sec. 29-44. Responsibility for maintenance.

Unless there is a specific agreement between the property owner and the city relieving the property owner of responsibility, the property owner shall be responsible for the irrigation and maintenance of trees, grass and shrubs planted in public rights-of-way abutting the owner's property. Maintenance of city-authorized plantings in medians and parks shall be the responsibility of the public works department.

(Code 1967, § 30-13; Ord. No. 97.56, 12-11-97)

Sec. 29-45. Designation of types, varieties.

The authority to designate the kind and variety of shrubbery, palms, trees, grass or flowers to be planted shall be vested in the public works manager. The owners of property fronting on streets and public rights-of-way may request of the public works manager that the shrubbery, palms, trees, grass or flowers to be planted shall be of a certain kind of variety.

(Code 1967, § 30-14; Ord. No. 97.56, 12-11-97; Ord. No. 2001.17, 7-26-01)

Sec. 29-46. Prohibited species.

It shall be unlawful to plant eucalyptus (except microtheca, papuana, krusena, formanii, erythrocorys, spathulata and torquata), elm (except ulmus parvifolia), willow, cottonwood or poplar trees in any public right-of-way. The planting and replacement of pollen-producing olive trees (olea europaea) or mulberry trees (morus alba) are also prohibited.

(Code 1967, § 30-15; Ord. No. 2004.42, 1-20-05)

Sec. 29-47. Nuisance tree and shrubs.

(a) Any tree or shrub which overhangs or is within the public right-of-way which in the opinion of the public works manager endangers the life, health, safety or property of the public shall be declared a public nuisance and the public works manager shall remove or trim such tree or shrub.

(b) Nothing contained in this section shall be deemed to impose any liability upon the city, its officers or employees, or to relieve the owner of any private property from the duty to keep any tree or shrub upon his property under his control in such a condition as to prevent it from constituting a public nuisance.

(c) No specie of tree having a potential growth higher than twenty (20) feet shall be planted directly under any public utility overhead line.

(Code 1967, § 30-16; Ord. No. 97.56, 12-11-97; Ord. No. 2001.17, 7-26-01)

Sec. 29-48. Violations; remedies.

Any person violating the provisions of this article shall be notified by the public works manager in writing by certified mail, addressee only with return receipt requested, mailed to the violator at his last-known residence address. If any person to whom written notice has been mailed neglects, fails or refuses for more than thirty (30) days after receiving such notice to correct a violation, the public works manager shall have authority to take the necessary remedial
action and charge the cost thereof to the owner of the property abutting the right-of-way. The public works manager shall prepare a verified statement and account of all expenses incurred by the city, or occasioned by or incidental to correcting the violation and file such verified statement and account with the financial services manager.

(Code 1967, § 30-17; Ord. No. 2001.17, 7-26-01)

Sec. 29-49. Creation of lien for unpaid costs of remedial action.

Upon receipt of the verified statement and account as set forth in § 29-48, the financial services manager shall prepare duplicate copies of a notice of lien and record one copy with the office of the county recorder, and within ten (10) days thereafter serve by certified mail the remaining copy of such notice of lien upon the owner of such property abutting the right-of-way if he can be found within the county. From and after the date of recording such notice of lien with the county recorder all expenses incurred in connection with or incidental to correcting the violation and as fixed and determined by such verified statement and account will serve as a lien upon such property and shall be charged and assessed upon and against such property and shall be collected in the same manner as city improvement district assessments.

(Code 1967, § 30-18; Ord. No. 2001.17, 7-26-01)

Secs. 29-50—29-60. Reserved.

ARTICLE IV. SIDEWALK CONSTRUCTION

Sec. 29-61. Council resolution.

(a) The city council may pass a resolution providing for the construction of sidewalks, in which the sidewalks to be constructed shall be briefly described. The resolution shall state the width and location of the sidewalk to be constructed. The resolution shall order and direct that the construction of the sidewalk shall be made by the owners of the abutting property and also that in the event of the failure of the abutting property owners to construct such sidewalks, the city shall do the work and the expense shall be charged to the abutting property owners.

(b) The resolution shall be published in a daily newspaper in five (5) successive issues and the superintendent of streets shall cause to be placed along the line of the proposed improvements a copy of the resolution.

(Code 1967, § 30-22)

Sec. 29-62. Notice to abutting property owners.

In addition to the posting of the copy of the resolution mentioned in the preceding section, the superintendent of streets shall notify the owner of each lot or parcel abutting upon any sidewalks to be constructed of the passage of the resolution and notify them that they shall commence work within thirty (30) days from the date of the notice and that, upon failing to commence such work and complete the same with thirty (30) days, the city will proceed to construct the sidewalk and make the same a lien upon the abutting lot or parcel and have such lien extended as a tax against the property to be collected at the next period at which city taxes may become due and payable.

(Code 1967. § 30-23)

Sec. 29-63. Failure of owner to comply; construction by city; recovery of costs.

(a) It shall be the duty of the owner of any lot or parcel abutting upon any proposed sidewalk to proceed to construct such sidewalk as provided by the terms of the resolution of the city council. Upon the failure of the owner to comply with the resolution and the notice provided in the preceding section, the city shall have the right to construct the sidewalks and assess the costs and expenses thereof to the abutting property owner.

(b) At the time of development of the property adjacent to and abutting such improvements, the city council shall fix, levy and assess the amount to be repaid upon such property and collect the amounts of such improvements as county taxes are collected. All statutes providing for the levy and collection of state and county taxes, including collection of delinquent taxes and sale of property for nonpayment of taxes are applicable to the assessments provided for in this article.

(Code 1967, § 30-24)

Sec. 29-64. Contracts awarded by city.

The city may contract for the construction of any sidewalk. Such contracts shall specify a reasonable time for the completion of the improvement. All work must be done under the direction of the city engineer subject to such rules and regulations relating to the supervision of the work as the city council may order and direct.

(Code 1967, § 30-25)

Secs. 29-65—29-69. Reserved.

ARTICLE V. SITTING OR LYING DOWN ON PUBLIC

SIDEWALKS IN THE DOWNTOWN COMMERCIAL DISTRICT

Sec. 29-70. Prohibited conduct; exceptions.

(a) No person shall sit or lie down upon a public sidewalk or upon a blanket, chair, stool, or any other object not permanently affixed upon a public sidewalk or median in the downtown central commercial district during the hours between 7:00 a.m. and 10:00 p.m. on weekdays and between 7:00 a.m. and 1:00 a.m. on Fridays and Saturdays.

(b) The prohibition in subsection (a) shall not apply to any person:

(1) Sitting or lying down on a public sidewalk due to a medical emergency;

(2) Who, as the result of a disability, utilizes a wheelchair, walker, or similar device to move about the public sidewalk;

(3) Operating or patronizing a commercial establishment conducted on the public sidewalks pursuant to a permit; or a person participating in or attending a parade, festival, performance, rally, demonstration, meeting or similar event conducted on the public sidewalk pursuant to a permit;

(4) Sitting on a chair or bench located on the public sidewalk which is supplied by a public agency or by the abutting private property owner; or

(5) Sitting on a public sidewalk within a bus zone while waiting for public or private transportation.

(c) Nothing in the exceptions enumerated in subsection (b) shall be construed to permit any conduct which is otherwise prohibited by law.

(d) No person shall be cited under this section unless the person engages in conduct prohibited by this section after having been notified by a law enforcement officer that the conduct violates this section.

(Ord. No. 98.57, 12-17-98)

Sec. 29-71. Penalty.

Violation of this article shall constitute a class 3 misdemeanor.

(Ord. No. 98.57, 12-17-98)