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TITLE 12 - STREETS AND SIDEWALKS


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For statutory provisions regarding title to vacated area, see AS 29.40.160.



12.04 Road maintenance service area

12.08 Sidewalks

12.12 Outdoor dining in public rights-of-way

12.16 Pillar Mountain Road

 


CHAPTER 12.04
ROAD MAINTENANCE SERVICE AREA


For statutory provisions regarding the municipal regulation of road maintenance service areas, see AS 19.30.260-19.30.320.



12.04.010 Definitions

12.04.020 Established

12.04.030 Allocation of funds

12.04.040 Administration

12.04.050 Report


12.04.010 Definitions
. As used in this chapter:

(a) "Construction" or "road improvement" has the meaning given in AS 19.45.001 and includes utility and drainage costs but excludes financial costs, right-of-way costs, and new road construction.

    (b) "Department" means the Alaska State Department of Transportation and Public Facilities. (Ord. 760 §1 (part), 1985)

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12.04.020 Established
. There is hereby created a road maintenance service area that encompasses all city-owned rights-of-way within the city limits. (Ord. 760 §1 (part), 1985)

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12.04.030 Allocation of funds
. (a) During each fiscal year, the city shall receive funds from the department for expenditure for road improvements within the city based on the total road mileage within the road maintenance service area.

    (b) Funds so allocated shall be available for a period of five years after the end of the fiscal year for which the funds are authorized. Money that is unexpended and unobligated at the end of the five-year period shall be remitted to the department.

    (c) Fifty percent of the cost of construction under this chapter shall be paid by the city through grants or other appropriate financing means. (Ord. 760 §1 (part), 1985)

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12.04.040 Administration
. (a) Before October 1 of each fiscal year, the city shall submit a five-year plan to the department for the upgrading, reconstructing, rehabilitating, or paving of maintenance service area roads.

    (b) Funds received shall not be used for new construction and may not be used on any right-of-way not already meeting the minimum design standards of the city.

    (c) A contract entered into by the city for road construction for which funds allocated to the city under AS 19.30.260C320 are used shall be awarded only on the basis of the lowest responsible bid by a bidder meeting established criteria of responsibility. (Ord. 760 §1 (part), 1985)

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12.04.050 Report
. No later than August 1 of each year, the city shall submit a report to the department showing the use of the funds during the preceding fiscal year. (Ord. 760 §1 (part), 1985)
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CHAPTER 12.08

SIDEWALKS



For related provisions see Chapter 7.32 Littering.



12.08.010 Debris clearance required

12.08.020 Snow and ice clearance required



12.08.010 Debris clearance required
. All owners or occupants of any property fronting on any street or public place shall keep the sidewalk immediately adjacent to said property clear of debris or other materials. (Ord. 816 §4, 1987)
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12.08.020 Snow and ice clearance required. It is unlawful for the owner or occupant of any premises in the city immediately in front, beside, or behind which is a sidewalk, to permit or allow snow or ice to remain thereon for longer than six hours of daylight after it has ceased snowing. The city manager may have the snow remaining in violation of this section removed immediately and charge the cost of removal to the owner or occupant of the property abutting the sidewalk. (Ord. 816 §4, 1987)
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CHAPTER 12.12
OUTDOOR DINING IN PUBLIC RIGHTS-OF-WAY



12.12.010 Purpose

12.12.020 Definitions

12.12.030 Outdoor dining permit/encroachment permit required

12.12.040 Where outdoor dining in public rights-of-way permitted

12.12.050 Required sidewalk width

12.12.060 Alcoholic beverage restrictions

12.12.070 Health standards

12.12.080 Hours of operation

12.12.090 Special closures

12.12.100 Permit issuance

12.12.110 Permit; term; renewal; fees

12.12.120 Permit revocation

 



12.12.010 Purpose
. The purpose of the regulations and standards in this chapter are to allow increased business and pedestrian traffic by providing safe and visually appealing opportunities for outside dining. (Ord. 960 §1 part, 1993)

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12.12.020 Definitions
. "Outdoor dining" means the use of sidewalks and public rights-of-way for the consumption of food and/or beverages. (Ord. 960 §1 part, 1993)

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12.12.030 Outdoor permit/encroachment permit required
. Outdoor dining is not allowed without an outdoor dining permit and an encroachment permit as set forth in section 12.12.100. (Ord. 960 §1 part, 1993)

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12.12.040 Where outdoor dining in public rights-of-way permitted
. Out-door dining is not permitted where the speed, volume or nearness of vehicular traffic is not compatible with sidewalk dining. All outdoor dining areas must be adjacent and incidental to the operation of an indoor restaurant or other establishment serving food or beverages to the public. Use of the sidewalk must be confined to the actual sidewalk and public right-of-way frontage of the indoor restaurant building. (Ord. 960 §1 part, 1993)

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12.12.050 Required sidewalk width
. Outdoor dining is permitted only where the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed activity. The outdoor dining area shall leave not less than five consecutive feet of sidewalk width at every point which is clear and unimpeded for pedestrian traffic. (Ord. 960 §1 part, 1993)

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12.12.060 Alcoholic beverage restrictions
. The service of alcoholic beverages on public property in outdoor dining areas is prohibited. (Ord. 960 §1 part, 1993)
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12.12.070 Health standards
. The operator shall not permit food preparation or busing service stations outside the building. All exterior surfaces within the outdoor dining area shall be easily cleanable and shall be kept clean at all times by the permittee. Restrooms sufficient for indoor and outdoor dining customers shall be provided in the adjoining food-service business. The permittee shall be responsible for providing covered trash containers and for maintaining the outdoor dining area, including the sidewalk surface and furniture and adjacent areas, in a clean and safe condition. (Ord. 960 §1 part, 1993)

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12.12.080 Hours of operation
. Outdoor cafes may operate between seven a.m. and ten p.m. (Ord. 960 §1 part, 1993)

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12.12.090 Special closures
. Outdoor dining is an interruptible or terminable privilege. The city shall have the right and power, acting through the city manager, to prohibit the operation of an outdoor dining area at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, or parades or marches, or repairs to the street or sidewalk, or from demonstrations or emergencies occurring in the area. To the extent possible, the permittee shall be given prior written notice of any time period during which the operation of the outdoor dining area will be prohibited by the city. (Ord. 960 §1 part, 1993)

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12.12.100 Permit issuance
. Outdoor dining permits shall be issued by the city manager. All such permits shall be conditioned upon (1) execution of a hold-harmless agreement in a form acceptable to the city attorney, (2) insurance meeting the requirement of the finance director, (3) such other conditions as are necessary for public safety or to protect public improvements, and (4) conditions necessary to restore the appearance of the sidewalk on termination of use. (Ord. 960 §1 part, 1993)

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12.12.110 Permit
; term; renewal; fees. The initial term of an outdoor dining permit is 30 days. Thereafter, the city manager may extend the permit for additional periods, not to exceed one year each, following a review and approval of the operation. The city manager shall take into account any problems associated with the public health, safety, or welfare which have arisen during the initial period of operation under the permit in determining whether or not to issue a further permit or whether additional or revised conditions should be made applicable to the permit. The fees for an outdoor dining permit shall be established by a resolution of the council. (Ord. 960 §1 part, 1993)

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12.12.120 Permit revocation
. An outdoor dining permit may be revoked by the city manager following notice to the permittee. The permit may be revoked if one or more conditions of the permit or of this chapter have been violated or if the outdoor dining area is being operated in a

manner which constitutes a nuisance, or that the operation of the sidewalk cafe unduly impedes or restricts the movement of pedestrians past the outdoor dining area. (Ord. 960 §1 part, 1993)
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CHAPTER 12.16

PILLAR MOUNTAIN ROAD



12.16.010 Restricted maintenance

12.16.020 Signing



12.16.010 Restricted maintenance
. The Pillar Mountain road beyond the end of the pavement in the vicinity of the water system chlorine contact tanks does not receive regular maintenance and persons using the road beyond that point do so at their own risk. (Ord. 1025 (part), 1996)

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12.16.020 Signing
. The city will install and maintain the following signs on Pillar Mountain roads.

    (a) A 36" x 36" "warning" sign, diamond shaped, black lettering, black border, yellow background shall be located approximately 300 feet northeast of the gate to the city water system chlorinator building. This sign shall read: ROAD MAINTENANCE ENDS 300 FEET.

    (b) A 36" x 24" "regulatory" sign, rectangular, black lettering, black border, white background shall be located just past the driveway and gate to the city water system chlorinator building. This sign shall read: NO REGULAR ROAD MAINTENANCE PROCEED AT YOUR OWN RISK. (Ord. 1025 (part), 1996)

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