§ 138-67. Pedestrian access.

(a)

Where it is necessary to close a portion of the pedestrian public right-of-way, only the minimum necessary width of the right-of-way shall be obstructed so as to leave a safe, passable thoroughfare not less than four feet in width, and providing appropriate access at and between intersections in accordance with the Americans With Disabilities Act (the "ADA") standards, and separated from the construction area by adequate safety barriers as approved by the commissioner of public works.

(b)

Where a four-foot wide pedestrian route on the existing thoroughfare cannot be dedicated, a temporary covered, lighted walkway shall be constructed over the existing pedestrian thoroughfare in accordance with regulations set out by the department of public works.

(c)

Where it is not possible to provide access via methods (a) or (b) above, a temporary pedestrian route shall be erected utilizing a combination of the existing sidewalk, the adjacent parking lane, and/or the adjacent vehicular traffic lane at the discretion of the commissioner of public works. Where a traffic or parking lane is used, appropriate barricades and signage shall be utilized to separate the pedestrian lane from the vehicular lane and the route shall be accessible as per the guidelines of the ADA.

(d)

Where the party seeking the permit has shown due diligence to perform either (a), (b), or (c) of this section and are unable to do so due to the structural necessities of the work to be completed, proper signage must be provided at each pedestrian-accessible intersection, between which lies the permitted closure or obstruction, directing pedestrian traffic to cross to the other side of the street. Signage must be visible to pedestrian traffic both on the side of the street with the obstruction and to pedestrian traffic at intersections with access to the segment of the sidewalk containing the permitted obstruction.

(e)

The commissioner of public works is prohibited from accepting, as reason for an inability to comply with items (a), (b), or (c) of this section, that the pedestrian right-of-way must be closed due to a need for vehicular parking on the site of the work being performed necessitating the closure.

(f)

All such walkways mandated by this section, shall be maintained by the party responsible on the permit for closure and any damage, or obstructions to this temporary right-of-way shall be repaired and cleared immediately by that party. Permittee is required to display the permit in a conspicuous place so that the public and inspectors can visibly see it.

(Code 1977, §§ 9-3031, 9-3034, 9-3037; Ord. No. 1995-60, § 1, 9-24-95; Ord. No. 1998-82, §§ 1—3, 11-20-98; Ord. No. 2001-22, § 1, 3-14-01)