K-3 SIDEWALKS

K-3-1 PURPOSE

The purpose of this chapter is to establish the rules and regulations regarding the installation, replacement, construction, and use of sidewalks within the City of Fort Pierre.

Authority: SDCL 9-45-1, 9-46-1

K-3-2 SIDEWALKS WIDTH, LOCATION, GRADES

All sidewalks installed or replaced within the City of Fort Pierre upon public property shall be located and constructed as herein provided.

A. Location, width, and grade construction standards shall be according to the specifications on file within the Public Works Department.

B. There shall be no steps, steep ramps, or other design features which might cause stumbling, impair wheelchair travel, or render sidewalks difficult to clear of snow, ice, or other dangerous conditions.

C. All sidewalks constructed after the effective date of this ordinance shall have ramps cut at the corners of the block so as to accommodate wheelchair travel.

Source:

Authority: SDCL 9-30-2, 9-46-1, 9-46-1.2

K-3-3 SIDEWALK OBSTRUCTIONS

A. It is unlawful for any person to obstruct or cause obstruction of a sidewalk, or to permit a sidewalk bordering upon real property owned by that person to be obstructed.

B. For the purposes of this section, obstruction means the prevention or impairment of passage on the sidewalk by pedestrians or wheelchairs; sidewalk means a public way established for pedestrian and wheelchair travel.

C. Exceptions include the following:

1. Goods delivered or to be shipped may be placed upon a sidewalk for up to eight (8) hours, provided that a route safely negotiable by wheelchair traffic is provided around the obstruction in the immediate area of the obstruction.

2. Debris or precipitation deposited by snowstorm, wind, flood, or other natural phenomena, or by disaster such as fire or collision, shall be removed within forty-eight (48) hours of the time the sidewalk became obstructed.

Source:

Authority: 9-30-2, 9-30-5

K-3-4 ADJACENT AND OVERHANGING STRUCTURES

It is unlawful for any person or persons to build, erect, place, or maintain over, across, or upon any of the public streets, sidewalks, or public places of this City, any awning, canopy, or other structure, including signs, whether attached to the adjoining building or not, without first obtaining written permission, from the City of Fort Pierre, or its designated agent.

A. Adjoining or adjacent shall mean that land immediately attached to the public property over which such a structure is to be placed.

B. Any person or persons desiring to place such a structure or a structure of any nature, over or upon any street, sidewalk, or public place of the City shall first make application to the City of Fort Pierre, or its designated agent, for permission and a license to place such structure.

C. Such application shall set forth the name of the owner and legal description of the adjoining land, a description and drawing of the type of structure, and the type of construction materials to be used.

D. Such application shall contain a statement, to be signed by the applicant and the adjoining land owner, that such applicant and owner shall assume complete responsibility and liability to third persons for any injury to property or person occurring because of the placement or maintenance of said structure over public land.

E. Said applicant shall further furnish proof of liability insurance in the sum of One Hundred Thousand Dollars ($100,000) per person and Three Hundred Thousand Dollars ($300,000) aggregate.

F. Every year upon the date of the original permit, the landowner or occupant of the property shall furnish proof of such insurance to the City as above set forth.

Any owner or occupant of any building or lot adjacent to public property upon or over which a structure, as above contemplated, is constructed or maintained shall be liable for the design, erection, and maintenance of such structure, and shall be solely responsible for same as to any injuries to third parties, both as to their person or property, for any defects in such design, construction, or maintenance of said structure.

Any person who shall violate any of the provisions of this ordinance, by failing to obtain a license as above provided, or failing to properly construct or maintain any such structure as contemplated by this ordinance, commits a Class 2 misdemeanor each day said violation continues.

Source:

Authority: SDCL 9-12-7, 9-30-3

K-3-5 ABATEMENT OF SIDEWALK HAZARDS

A. It is unlawful for an owner of property abutting a public sidewalk to cause or permit the accumulation of water, snow, or ice upon such public sidewalk to the extent that it poses a hazard or obstacle to persons lawfully utilizing such sidewalk.

B. It is the responsibility of the owner of property abutting a public sidewalk to repair and maintain the sidewalk, keeping it free from defects that cause unreasonable hazards for pedestrians or wheelchairs. Such unreasonably, hazardous defects are:

1. horizontal and vertical separations of one (1) inch or more

2. holes or depressions of one (1) inch or more and of at least four (4) inches in diameter

3. spalling over 50% of the surface of a single panel (square) of the sidewalk with one or more depressions equal to one-half (½) inch or more

4. a single square of sidewalk cracked in such a manner that no part thereof has a piece greater than one (1) square foot

5. a sidewalk with any part thereof missing to the full depth

6. and/or a lift, push, or change from design or construction grade equal to or greater than one (1) inch per foot.

A grout patch is only a temporary repair and does not meet sidewalk standards.

C. Upon receipt of actual notice of a hazardous accumulation of water, ice, or snow upon public sidewalk or hazardous defect in need of repair, the City Street Department shall notify the owner of the abutting land. If the attempt is unsuccessful or the hazardous condition is not abated within twenty-four (24) hours of the issuance of the notice, the City Street Department may provide for the removal of the hazard and tax the expense thereof by special assessment against the abutting property.

D. This ordinance neither provides for nor imposes any duty upon the City to abate sidewalk hazards.

Source: Ord. 848

K-3-6 MAILBOXES ON OR ADJACENT TO CURBS OR SIDEWALKS

Residents of the City of Fort Pierre may erect mailboxes on or adjacent to a municipal street, curb, or sidewalk. The existence, location, and shape of any such mailbox must be in compliance with the regulations set forth by the United States Postal Service.

Authority: SDCL 9-46-11

K-3-7 DISPOSAL OF SNOW

The property owner, renter, or person removing snow or ice from any sidewalk, public or private driveway, parking lot, or parking area shall not dispose of accumulated snow and ice from such property in any of the following manners:

a) Snow and ice shall not be deposited on any sidewalk.

b) Snow and ice shall not be deposited so as to obstruct or interfere with the passage or vision of vehicular or pedestrian traffic.

c) Snow or ice shall not be deposited upon any public street or alley except in the General Commercial District where buildings are constructed on the property line along any street and the city stockpiles and removes the snow from the streets.

d) Blocking the access to a fire hydrant.

e) Blocking the access to a mail box.

Source:  Ord 979

K-3-8 VIOLATION

Any person found in violation of this ordinance shall be subject to a $50 fine. Each day of violation shall constitute a separate offense subject to additional imposition of fines in accordance with ordinance section T-1.

Source:  Ord 979

K-3- 9 to K-3-199 Reserved.