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No person shall place, cause to be placed, maintain or cause to be maintained any fence, building, post or other obstruction in any street or alley of the city.
(1953 Code, ch. 24, § 9; Ord. No. 6195, § 3, 3-11-85)
Cross References: Obstructing intersections or crosswalks, § 20-156.
All persons having, keeping or maintaining any building or part of building, or any fence or part of fence or post or other obstruction in any street or alley of the city shall remove such obstruction within five (5) days after receipt of notice from the city engineer. Each day that any fence or part of fence, building or part of building, or post or other obstruction is kept or maintained in any street or alley of the city after the expiration of such five-day period shall constitute a separate violation.
(1953 Code, ch. 24, § 10; Ord. No. 6195, § 3, 3-11-85)
No person shall injure or tear up any pavement or sidewalk without a permit from the city engineer.
(1953 code, ch. 24, § 13; Ord. No. 6195, § 3, 3-11-85)
Cross References: Injuring lampposts, hydrants or bracket prohibited, § 11-31.
No person shall, without first having obtained permission from the city engineer, dig, remove or carry away or cause or procure the same to be done, any sod, stone, earth, sand, or gravel from any street, alley, or public ground in the city.
(1953 Code, ch. 24, § 14; Ord. No. 6195, § 3, 3-11-85)
Cross References: Injuring public property, § 11-49.
No person shall sell, solicit or receive an order for, keep or expose for sale, deliver for value, peddle, keep with intent to sell, or traffic in, any goods, wares or merchandise whatsoever on any public street or alley of the city within three hundred (300) feet of a public or parochial school between the hours of 7:00 a.m. and 5:00 p.m. on Monday, Tuesday, Wednesday, Thursday or Fridays, except during legal holidays or school holidays when such holidays fall on those days.
(1953 Code, ch. 24, § 15; Ord. No. 6195, § 3, 3-11-85; Ord. No. 7329, § 2, 12-18-89)
(a) No person shall obstruct any portion of any public sidewalk in the city, by placing, depositing or allowing to remain thereon any item or object such that the item or object interferes, in any manner with the full, free and unobstructed public use of any portion of the public sidewalks; however, after approval by the mayor and council suitable benches for the convenience of city residents and visitors may be located upon the public sidewalks with the written approval of the city manager or manager's designee. Such approval shall be duly filed with the city clerk, shall be cancellable for good cause shown, and may be subject to such requirements and conditions as to type of bench, location upon the sidewalk and otherwise, as the city manager or designee may deem necessary or desirable in the interest of the public safety and convenience; further, where it is necessary to place garbage and trash containers upon a public sidewalk to allow the removal of such garbage and trash, such containers may be placed upon a public sidewalk for the reasonable period of time necessary for such removal.
(b) Under this section, any item or object that is placed on a sidewalk shall be deemed an obstruction and in violation of subsection (a) above, if the item or object is on the sidewalk between 7 a.m. and 10 p.m. During the hours between 10 p.m. and 7 a.m., an item or object will not be deemed an obstruction if all of the following conditions are satisfied:
(1) The item(s) or object(s) are, in aggregate, four (4) cubic feet or smaller; and
(2) The item or object is personally attended by its owner; and
(3) The item or object is not affixed in any manner; and
(4) The item or object is placed at least five feet (5') back from the edge of the sidewalk that is adjacent to the street; and
(5) Where the sidewalk is wider than eight feet (8'), the item or object is placed only within the three feet (3') of width of the portion of the sidewalk that is furthest back from the adjacent street. By way of example, if the sidewalk is twelve feet (12') wide, the item or object can only be placed such that the nine feet (9') of sidewalk that is closest to the adjacent street is left entirely free and unobstructed; and
(6) The sidewalk is not part of an underpass (for example, the Fourth Avenue Underpass) or overpass, as provided in subsection (c) below.
(c) If a sidewalk is designed for the use of pedestrians or bicyclists to travel through an underpass or across an overpass, no person shall obstruct any portion of such sidewalk by placing or leaving any item or object upon such sidewalk at any time, unless the person has first obtained a permit from the Director of Transportation. This prohibition also applies to any portion of a sidewalk within twenty-five feet (25') of an underpass or overpass. The exception provided under subsection (b) above does not apply to the prohibitions in this subsection (c).
(1953 Code, ch. 24, § 12; Ord. No. 6195, § 3, 3-11-85; Ord. No. 11331, § 5, 12-8-15)
No person shall obstruct the flow of water by the deposit of building materials, or in any other manner, in the streets, alleys or gutters, or water conduits of the streets, alleys or other public ways of the city.
(1953 Code, ch. 24, § 24; Ord. No. 6195, § 3, 3-11-85)
Cross References: Obstructing or depositing offensive matter in water ditches or natural drainage channels, § 11-58 et seq.
Sec. 25-52.1(1). "Pedestrian area of right-of-way" defined. For purposes of this section, the "pedestrian area of the right-of-way" means that portion of the public right-of-way from the private property line to the curb, or, where there is no curb, to the improved or traveled part of the roadway.
Sec. 25-52.1(2). Permits required. No person shall plant any tree, shrub, or other vegetation in the pedestrian area of the right-of-way without first obtaining a written permit from the city. A permit may be issued upon the terms and conditions hereinafter prescribed.
Sec. 25-52.1(3). Application for permit. The applicant will complete and sign a written application upon a form to be supplied by the city engineer. If the applicant is a homeowner's association, neighborhood association, or other organization, the applicant must obtain permission from the abutting property owner to plant in the pedestrian area of the right-of-way adjacent to such property.
Sec. 25-52.1(4). Conditions for obtaining permit.
(a) Applicants shall follow the standard provisions for application for street excavation and improvements to unimproved portions of the public right-of-way as described in section 25-13 and as required by the city engineer, including the submission of a plan of subject property showing the location and sizes of existing curb lines, property lines, utility lines, utility poles, utility boxes, overhead wires, driveways, alleyways, sidewalks, fire hydrants, traffic signs, and proposed site of excavation. Underground utilities must be located prior to submitting a plan for excavation in public streets and easements. The city engineer will then approve or deny an application to excavate in the public right-of-way.
(b) Trees, shrubs, and other vegetation shall not interfere with the clear visibility of traffic signs and signals, traffic on the roadway or entering or leaving the roadway, or with pedestrian access. Planting guidelines shall adhere to the following sight visibility conditions:
No tree, shrub, or other vegetation taller than thirty (30) inches in height at maturity shall be planted within the designated sight visibility triangle zone in the pedestrian area of the right-of-way within fifty (50) feet of a stop sign, yield sign, traffic signal, or any approach to an intersection where operators of motor vehicles need to clearly view traffic conditions. (Reference section 23-388 of the City Code and the City of Tucson Development Standards for sight visibility triangle requirements.)
All trees, shrubs, and other vegetation must be planted and maintained to allow for the continuous visibility of the street, sidewalk, alleyway, driveway, traffic sign or signal.
Trees, shrubs, or other vegetation must be kept trimmed to permit the continuous visibility of a stop or yield sign for a distance of one hundred twenty-five (125) feet from the sign.
In order to maintain continuous visibility of traffic conditions and to provide pedestrian access, trees within affected locations must be kept so that branches, limbs, twigs, leaves, or other parts of such trees that overhang the vehicular or pedestrian path of travel are maintained to provide barrier-free pedestrian travel and continuous sight visibility within an unobstructed area between thirty (30) inches and eighty (80) inches from the ground.
Vegetation must be trimmed and maintained to provide a minimum four foot-wide pedestrian path.
(c) The minimum width of a tree planting area shall be no less than four (4) feet from curb to sidewalk. If there is no curb, there must be an eight-foot clear zone from the pavement to the tree planting area.
(d) As part of the application process, applicants shall select a pre-approved species of tree from the city's low water use plant list for street trees in pedestrian right-of-way. Other vegetation must be selected from the drought tolerant plant list in Development Standard 9-06.0. These lists shall be maintained by the city engineer and three (3) copies shall be kept on file in the office of the city clerk. Depending on site constraints, the city engineer, after consultation with the city parks and recreation department, may approve or disapprove the plant species or require other or different plants to be selected from these lists.
(e) Applicants must follow the written guidelines developed by the city for planting trees and other vegetation in the public right-of-way, including setbacks from utility lines, overhead lines, and clear traffic visibility safety standards. The abutting property owner shall agree in writing to maintain and trim trees or other vegetation planted in the public right-of-way pursuant to this permit. The city engineer approval of the proposed planting plan is contingent upon adherence to these guidelines.
(f) The city engineer may impose other special requirements as a condition of issuing a permit.
Sec. 25-52.1(5) Request for administrative review. Upon request of the person submitting an application for planting in the pedestrian area of the right-of-way, the city engineer shall provide an administrative review of any site specific variances to the standard provisions contained in this section or the written guidelines developed by the city for planting trees or other vegetation in the public right-of-way. The applicant shall be given the opportunity to present evidence that a variance from the standard provisions contained herein shall not present a nuisance or hazardous condition for motorists or pedestrians. In those instances where the planting of a tree or other vegetation will not cause a nuisance or hazardous condition, the city engineer may provide for such a variance of these provisions.
Sec. 25-52.1(6). Issuance of permit. Upon approval of the proposed plan by the city engineer, a permit for planting within the pedestrian area of the right-of-way will be issued at the development services center under the following conditions:
(a) Fees for planting vegetation in the pedestrian area of the right-of-way may be waived by the city engineer.
(b) If, at any time, any portion of the pedestrian area of the right-of-way used by the permittee may be needed or required by the city, or if the owner, occupant, or agent in charge of any such lot or adjoining right-of-way fails to maintain such plantings as hereinafter prescribed, the use of the pedestrian area of the right-of-way may be revoked by the city. The city may remove from the pedestrian area of the right-of-way any and all trees or other vegetation in such circumstances without compensation from the city.
(c) All approved applications shall be filed with the development services center.
(Ord. No. 8327, § 1, 7-5-94)
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