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City Attorney

Roger Baker
Tooele City Attorney

90 North Main Street
Tooele, UT 84074

Phone: 435.843.2120
Fax: 435.843.2129

 

Title 4. Chapter 11. Sidewalks

4-11-1. Building permits for curb, gutter, sidewalks and appurtenances.

It is unlawful for any person either as owner, agent, servant, contract or employee, to construct any sidewalk, curb, gutter or appurtenances thereto adjacent to or upon public property within Tooele City without first having grades and lines thereof reviewed and approved by the City. It is unlawful to construct any such curb, gutter, sidewalk or appurtenance other than according to said grades and lines, and without first obtaining a building permit for said construction from the Building Official, and payment of the fees therefor according to the building permit fee schedule. The acceptance of said permit shall be deemed an agreement upon the part of the person accepting the same or making application for the same, as shown on said building permit, to construct said sidewalk, curb, gutter or appurtenances thereto in accordance with the specifications, regulations and ordinances of Tooele City.

(Ord. 2006-05, 01-18-2006) (Ord. 1980-23, 06-12-1980)

4-11-2. Specifications for sidewalks, curb and gutters, driveway approaches, and appurtenances.

All sidewalks, curb and gutters, driveway approaches and all appurtenances thereto shall conform to the specifications and standards set forth in Title 4 Chapter 8 of the Tooele City Code and the Tooele City Right-of-Way Specifications Administrative Policy.

(Ord. 2015-07, 03-18-2015) (Ord. 2006-05, 01-18-2006) (Ord. 1993-21, 10-20-1993) (Ord. 1991-04, 06-11-1991)

4-11-3. Supervision.

All public sidewalks shall be constructed under the inspection and supervision of the Public Works Director, or their designee.

(Ord. 2015-07, 03-18-2015) (Ord. 2006-05, 01-18-2006) (Ord. 1978-01, 01-09-1978)

4-11-4. Definitions.

The following definitions shall apply to the provisions of this Chapter:

(1) The unit of measurement and computation of all sidewalks in Tooele City shall be what is normally termed a “section” of concrete sidewalk delineated by the outside edges of the sidewalk and the score lines or joints.

(2) “Repair” shall mean repairs which are necessary for the elimination of vertical displacement both between and within adjacent sections of concrete sidewalk which exceed one-half inch, and horizontal cracks within individual sections which exceed one-quarter inch in width.

(3) “New work” means all sidewalk construction which is required by the Public Works Director, or his designee, where the existing sidewalk cannot economically and practically be repaired and is therefore to be removed and replaced, or where concrete sidewalk is to be installed for the first time.

(Ord. 2015-07, 03-18-2015) (Ord. 2006-05, 01-18-2006) (Ord. 1978-01, 01-09-1978)

4-11-5. Repairs.

Whenever any portion of any public sidewalk consisting of one or more units shall hereafter be found to be out of repair, it shall be the duty of the Public Works Director, or his designee, to notify the owner of the property to which it is adjacent or upon which it lays of their obligation to repair said sidewalk.

(Ord. 2015-07, 03-18-2015) (Ord. 2006-05, 01-18-2006) (Ord. 1978-01, 01-09-1978)

4-11-6. Expense of Repairs.

The Public Works Director or his designee shall give the owner of the premises upon which the sidewalk exists, or to which it is adjacent, no more than sixty days during which time the owner shall repair the sidewalk. Upon the failure of the owner to make the repairs within said period of time, the City may elect to make the repairs and levy the cost of the same upon the premises as part of the ad valorum property taxes of the said premises during one taxable year in order to protect the life, health and safety of the public who may use the public sidewalk.

(Ord. 2015-07, 03-18-2015) (Ord. 2006-05, 01-18-2006) (Ord. 1978-01, 01-09-1978)  

4-11-7. New work - Levy.

(1) Whenever the report of the Public Works Director, or his designee, regarding any sidewalk shall show that the construction of a new sidewalk is necessary, the City may elect to give notice pursuant to the provisions of the special improvement district ordinances of the City for the construction of said new sidewalk and the removal of the old.

(2) In situations where the old sidewalk is found to be in need of repair or replacement as defined by section 4-11-6 of this chapter, and the owner of the property to which it is adjacent to or upon which it lays has submitted an application to the City for development or improvement of the property, the owner shall be required to bring the concrete sidewalk into compliance with City standards as a condition of development.

(Ord. 2015-07, 03-18-2015) (Ord. 2006-05, 01-18-2006) (Ord. 1978-01, 01-09-1978)

4-11-8. Property owners responsible for sidewalk repair.

Every person owning a lot of property within the limits of Tooele City, upon which or adjacent to which a sidewalk is located, which sidewalk is also adjacent to or upon public property and is generally used by the public as a public sidewalk, is responsible for the upkeep and repair of said sidewalk so as to permit a safe and orderly passage across or adjacent to said premises by pedestrians. This ordinance shall include all public sidewalk which abuts to and is located to the front, side and rear of all properties.

(Ord. 2015-07, 03-18-2015) (Ord. 2006-05, 01-18-2006) (Ord. 1978-01, 01-09-1978)

4-11-9. Sidewalks and shade trees.

The Director of Community Development shall review and approve the species and type of shade trees which shall be placed adjacent to public sidewalks within Tooele City.

(Ord. 2015-07, 03-18-2015) (Ord. 2006-05, 01-18-2006) (Ord. 1978-01, 01-09-1978)

4-11-10. Openings in sidewalks.

It is unlawful to construct or maintain any open holes or other openings regardless whether they are covered with gateways, doors or other passages in any sidewalks. This provision shall not be interpreted as to prevent the erection of utility poles or mail boxes on the first foot of property inside the curb line.

(Ord. 2015-07, 03-18-2015) (Ord. 1978-01, 01-09-1978)

4-11-11. Water from roof not to be discharged upon sidewalks.

It is unlawful for any person owning or occupying or having control of any premises to suffer or permit water from the roof or eves of any house, building, or structure, or from any other source under the control of such person to be discharged upon the surface of any sidewalk.

(Ord. 2015-07, 03-18-2015) (Ord. 1978-01, 01-09-1978)

4-11-12. Receiving goods.

It is unlawful for any person to place or keep, or suffer to be placed or kept upon any sidewalk upon or adjacent to the premises of said person, any goods, wares, or merchandise except as allowed in Section 7-16-3 Note 4.

(Ord. 2015-07, 03-18-2015) (Ord. 2012-22, 12-05-2012) (Ord. 1978-01, 01-09-1978)

4-11-13. Driving or riding upon sidewalks.

It is unlawful for any person to drive a self-propelled or motorized vehicle or team; or to lead, drive or ride any animal upon any public sidewalk, except to cross the sidewalk at established crossings.

(Ord. 2015-07, 03-18-2015) (Ord. 2006-05, 01-18-2006) (Ord. 1978-01, 01-09-1978)

4-11-14. Games on sidewalks or streets.

It is unlawful for any person to obstruct any sidewalk or street by playing games thereon, or to annoy or obstruct the free travel of any foot passenger or vehicle.

(Ord. 2015-07, 03-18-2015) (Ord. 1978-01, 01-09-1978)

4-11-15. Snow to be removed from public sidewalks -- Obstructing right-of-way with snow prohibited -- Failure to comply -- Civil penalties.

(1) It is unlawful for any person owning or exercising control over any real property abutting any public sidewalk to fail to remove or cause to be removed from such sidewalk all hail, snow, or sleet falling thereon, or ice forming thereon, within 24 hours after such hail, snow, or sleet has ceased falling or ice has ceased forming.

(2) It is unlawful for any person to place or propel, or cause to be placed or propelled, snow, ice, hail, or sleet in the public way or in any manner which poses a hazard to vehicular or pedestrian traffic.

(3) Any person who fails to comply with this Section shall be liable for a civil penalty in the amount of $50 per violation, which penalty shall be in addition to other penalties provided by law.

(4) For purposes of this Section:

(a) “issuance of notice” shall mean notice given to a person by mailing the notice via first-class mail;

(b) “person” shall include, but not be limited to, individuals, corporations, partnerships, associations, organizations, groups, and other entities; and,

(c) “public way” shall include, but not be limited to, sidewalks, roadways, alleys, and other courses traveled by the public.

(Ord. 2015-07, 03-18-2015) (Ord. 2014-04, 02-05-2014) (Ord. 2006-05, 01-18-2006) (Ord. 1997-14, 03-19-97) (Ord. 1978-1, 01-09-78

4-11-16. Unlawful to clog gutters.

It is unlawful for any person to deposit dirt, leaves, or other debris in any gutter so as to prevent the unhindered flow of water therein or so as to provide for the carriage of said debris by the water flowing therein.

(Ord. 2015-07, 03-18-2015) (Ord. 1978-01, 01-09-1978)

4-11-17. Sidewalks to be swept in front of retail businesses.

It is unlawful for the owner, occupant, lessee, or agent of any commercial, retail or professional establishment within the City of Tooele to fail to cause the sidewalk abutting said establishment to remain swept clean.

(Ord. 2015-07, 03-18-2015) (Ord. 2006-05, 01-18-2006) (Ord. 1978-01, 01-09-1978)

4-11-18. Encroachments.

It is unlawful for any fence, building, or other structure to encroach upon any street or sidewalk within Tooele City. The City may, in writing require the encroachment to be removed by a date certain, not to exceed 30 days from the date of notice. If the person responsible for the encroachment is not known, the notice of such removal shall be posted on the encroachment and on all major buildings located adjacent to the encroachment. Should the encroachment, in the opinion of the Mayor, constitute a hazard to traffic or to life, limb or property, the same may be removed immediately by the City and the cost thereof levied upon the owner. Any encroachment not removed by the owner within the thirty day period or less if a lesser period was provided by the notice, the City shall remove the same at the owner’s expense, levying the cost thereof against the premises as part of the ad valorum property taxes.

(Ord. 2015-07, 03-18-2015) (Ord. 1978-01, 01-09-1978)

4-11-19. Obstructions.

(1) No person shall place or cause to be placed anywhere upon a public street or sidewalk, and no person owning, occupying or having control of any premises shall, after reasonable notice by the City of Tooele, suffer to be or remain in front thereof upon the sidewalk or the half of the street next to any premises:

(a) any broken ware, glass, filth, rubbish, refuse, garbage, ashes, tin cans, or other like substances.

(b) any vehicles, lumber, wood, boxes, fencing, building material, merchandise, or other thing which shall obstruct such public street or sidewalk, or any part thereof, without the permission of the Mayor.

(c) any goods, wares, merchandise for sale or show, or otherwise beyond the front line of the lot where goods, wares or merchandise may be sold, except as allowed in Section 7-16-3 Note 4.

(2) No person shall place or cause to be placed anywhere upon any street or sidewalk any earthen materials before, during, or after construction for the intended or unintended purpose of:

(a) temporary or permanent storage of those materials;

(b) bridging of the curb and gutter or sidewalk;

(c) blocking clogging, or otherwise hindering the movement or flow of storm water or the travel of pedestrian or vehicle traffic; or,

(d) any other purpose that could reasonably cause any damage or obstruction to public or private infrastructure.

(3) All obstructions placed anywhere upon a public street or sidewalk contrary to this Section or to Section 7-16-3 Note 4 are a threat to the public health and safety and may be removed, confiscated, and disposed of immediately by the City.

(Ord. 2015-07, 03-18-2015) (Ord. 2014-05, 02-05-2014) (Ord. 2012-22, 12-05-2012) (Ord. 1978-01, 01-09-1978)

4-11-20. Varieties of trees.

It is unlawful to plant any species of tree within any public right-of-way which is not on the Tooele City Street Tree Selection Guide. No trees shall be planted in park strips which are less than four feet wide. The Tooele City selection guide shall be available from the Community Development and Public Works Department and may be updated when deemed necessary and appropriate by the Director.

(Ord. 2015-07, 03-18-2015) (Ord. 2006-05, 01-18-2006) (Ord. 1978-01, 01-09-1978)

 

Click Here for a .pdf copy of Title4 Chapter11

Please Note:  Every attempt has been made to keep this online Tooele City Code up-to-date; however, there may be discrepancies between this online code and that which is actually adopted.  If you have questions about the Tooele City Code or for the most recent update, please call (435) 843-2120 or email attorney@tooelecity.org.

 

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