[Ord. 21-1968, 69 § 1, passed 9-9-1968; Ord. 66-1972, 73 § 1, passed 3-12-1973; Ord. 67-1984, 85 § 1, passed 5-13-1985]
For the purpose of regulating traffic pursuant to the police power of the City and to insure the safety of pedestrian traffic, the following streets are hereby designated Mall Streets, subject to the provisions of this article:
Liberty Street, from the southern curb line of Spring Street to the northern curb line of Cumberland Street.
Liberty Street, from the southern curb line of Cumberland Street to the northern curb line of Walton Street.
Orchard Avenue, from the eastern curb line of Eleventh Street to the western curb line of Jones Street.
An unnamed street between Jones Street and Eleventh Street and running from Orchard Avenue to Meade street, from the northern building line of Orchard Avenue northward 42 feet.
Chapel street, from the southern curb line of Spring Street to the northern curb line of Cumberland Street.
[Ord. 21-1968, 69 § 2, passed 9-9-1968]
In any Mall Street, no person shall operate or park any vehicle, including but not limited to automobiles, trucks, motorcycles and bicycles, on such street, other than the following:
Public vehicles and equipment.
Vehicles and equipment engaged in the construction or maintenance of such street.
Construction vehicles and equipment while engaged in the construction, repair or demolition of any building or structures adjacent to such street, provided that all necessary permits had been first obtained from the proper City Departments.
Permits for any vehicular use of such street other than those permitted herein shall be obtained from the Director of the Department of Streets and Public Improvements.
[Ord. 21-1968, 69 § 3, passed 9-9-1968]
No person shall operate, park, load or unload on any Mall Street any vehicle or equipment, including those permitted under Section 507.02 hereof, in such manner as to mark, stain or damage the surface of such street or any structures, fixtures, appurtenances and features thereon by any means including but not limited to wheel marks, oil drippings and excess weight.
Any person operating or causing the operation of any such vehicle or equipment which so marks, stains or otherwise damages such surface or structures, fixtures, appurtenances and features shall be responsible for replacing, repairing or correcting the same to the satisfaction of the City, and, upon failure to do so, shall be responsible to the City for the cost of such replacement, repair or correction.
[Ord. 21-1968, 69 § 4, passed 9-9-1968]
The administration and enforcement of this article shall be the joint responsibility of the Department of Public Safety and the Department of Streets and Public Improvements, and the Directors of such Departments are hereby authorized jointly to promulgate regulations concerning the use of Mall Streets. Such regulations may provide for the installation on such streets of various features including but not limited to the following:
The regulations provided for herein shall set forth a procedure whereby permits may be granted for the use of such streets for the purposes set forth in (a) above. Such regulations may provide for the changing of fees for such permits subject to the approval of Council. No permit shall be required for use of such streets by the City for public purposes.
The permits shall be in the nature of revocable licenses and shall contain, among other things, requirements that the user shall:
Before erecting the feature, obtain the written consent of any abutting property owners, when required to do so by the City;
Indemnify and defend the City against any claims arising by reason of the construction, use and/or maintenance of the feature; and
Remove the feature upon notice to do so from the City, and upon failure of the user to remove the feature within the time specified in the notice, the City shall have the right to remove the same at the cost of the user and within the time specified in the notice. The City shall have the right to remove the same at the cost of the user and without liability to the user or any other person.
[Ord. 21-1968, 69 § 5, passed 9-9-1968]
In Mall Streets, the owners or occupiers of property abutting thereon shall not be responsible for the installation, maintenance and resurfacing of the portion of the right of way which was formerly customary sidewalk area, and the City shall be responsible for such installation, maintenance and resurfacing. The City may, at its discretion, resurface vault areas or require the owners or occupiers of abutting property to do so. Such owners or occupiers shall continue to be responsible for the installation, maintenance, proper repair, structural soundness and removal of vaults. The term "vault" includes basements which extend under the surface of the street right of way.
In Mall Streets, such owners or occupiers shall be responsible for removal of snow from and for cleaning of the portion of the right of way which was formerly customary sidewalk area.
[Ord. 21-1968, 69 § 6, passed 9-9-1968; Ord. 40-1970, 71 § 7, passed 5-24-1971]
Whoever violates any provision of this article shall, upon conviction before any alderman, magistrate or district justice pay a fine of not more than $300 and/or be imprisoned not more than 90 days. Each day's violation shall constitute a separate offense. The penalties imposed under this section shall be in addition to any other remedies provided by this article.