Chapter 12.10
SIDEWALKS1
Sections:
12.10.030 Declaration of the city’s jurisdiction over sidewalks.
12.10.040 Prohibition against blocking sidewalks.
12.10.050 Permit and fee required.
12.10.055 Compliance with Americans with Disabilities Act standards.
12.10.060 Exemption for installation of sidewalks.
12.10.070 Violations and penalty.
12.10.010 Applicability.
This chapter shall apply only to sidewalks located within the public right-of-way. [Ord. 20-O-793 § 5 (Exh. D); Ord. 12-O-704 § 2; Ord. 09-O-624 § 2.]
12.10.020 Definitions.
For purposes of this chapter:
A. “Sidewalk” shall mean a walk or footway for pedestrians constructed out of material other than the ground traversed by the walk or footway and located in the public right-of-way.
B. “Nonconforming sidewalk” shall mean any sidewalk constructed that is not in conformance with BMC Title 18. [Ord. 20-O-793 § 5 (Exh. D); Ord. 12-O-704 § 2; Ord. 09-O-624 § 2.]
12.10.030 Declaration of the city’s jurisdiction over sidewalks.
The city of Brookings claims, maintains, exerts, and reserves jurisdiction over all sidewalks within the public right-of-way of the city of Brookings. Engineering requirements and standards for sidewalk improvements are contained in BMC Title 18. [Ord. 20-O-793 § 5 (Exh. D); Ord. 12-O-704 § 2; Ord. 09-O-624 § 2.]
12.10.040 Prohibition against blocking sidewalks.
It shall be prohibited to obstruct or in any way restrict or impede free transit on sidewalks within the public right-of-way, or to narrow the width of the sidewalk, unless specifically approved by the site plan committee. [Ord. 20-O-793 § 5 (Exh. D); Ord. 12-O-704 § 2; Ord. 09-O-624 § 2.]
12.10.050 Permit and fee required.
A public works permit and inspection fee are required as provided under Chapter 12.45 BMC. Engineered documents will also require a public works plan review fee. Fees are determined as provided under Chapter 1.10 BMC. [Ord. 20-O-793 § 5 (Exh. D); Ord. 12-O-704 § 2; Ord. 09-O-624 § 2.]
12.10.055 Compliance with Americans with Disabilities Act standards.2
A. Location of all temporary and permanent fixtures, including trash receptacles, mailboxes, light fixtures, fire hydrants and other infrastructure, must provide minimum Americans with Disabilities Act (ADA) accessibility clearance as determined by current ADA standards. Current standards may be obtained from the public works department.
B. A survey may be required prior to sidewalk installation in order to ensure current ADA compliance. [Ord. 20-O-793 § 5 (Exh. D); Ord. 12-O-704 § 2.]
12.10.060 Exemption for installation of sidewalks.
Unless a project meets the exemptions listed in BMC 17.04.070 or is specifically exempted by the site plan committee, a conforming sidewalk must be constructed along the full length of the property abutting the street frontages. [Ord. 20-O-793 § 5 (Exh. D); Ord. 12-O-704 § 2; Ord. 09-O-624 § 2.]
12.10.070 Violations and penalty.
A violation of any section of this chapter shall be punishable as provided under Chapter 1.05 BMC. [Ord. 20-O-793 § 5 (Exh. D); Ord. 12-O-704 § 2; Ord. 09-O-624 § 2.]
Prior legislation: Ords. 55-O-073 and 66-O-186.
Code reviser’s note: This section, which was added as BMC 12.10.060 by Ord. 12-O-704, has been editorially renumbered as BMC 12.10.055 to avoid duplication of numbering.