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6 /~q ORBINANCE OF T[~ CITY OF BRF2~RTON, I~IINffI~N, REIATI~
7 ~I~~E OF SIDe. KS, ~P~IR, ~ ~ LIABILI~ OF AB[~I~ O~R
8 ~~ RE~TI~ ~'~.
~S ~e~ o~er of ~ri~te ~r~rty abuttin~ ~n a ~ublic street
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~ich i~l~es ~ sid~lk area generally used by ~bers of t~ ,~blic,
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11 is entitl~ to rake ~la~ul use of ~h right-oi-~y as long as said la. u1
use is not inconsistent ~th t~ g~ral use of said street right-of-~y
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13 ~ t~ ~eneral ~blic, aM
1~ ~S the right of ~h a~ttin[ mr to ~0 u~ said street
~S r~ht-of-~y incl~n~ ,id~lk area or ~ath ~demlk area, includes
16 8~ c~ with it th, duty aM obligation to the ~rs of t~ ge~ral
~7 ~blic t~t any ~uch u~ ~11 not cause, contribute or ~cm a public
18 mi~ce or all~ or ~m~t a ~,rm~ co~ition to ~xi~t that
~9 t~ g~,~l ~bHc, and
20 ~S it i~ t~ intont ~ m~ of th~ ~dinance to provide
2~ for t~ ge~ral saf, ty, ~lfar,, Malth aM ~ll-~in~ of the ~eneral publk
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30 ~din~ce - 1 -
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32 WALGREN & SEXTON
ATTOffi~a
TELEPHONE (~O6) Effi~EX
1 SECTION 1.
2 It shall be unlawful {or the o~ner and/or any ~erson, fir~ or corporation
3 occu~ing or having charge or control of any premises abutting upon any
4 .vublic street~right-of-~ray or alley, or beneath such ~ublic side~ralk area,
5 in the City of Bremerton to construct, ~)lace, cause, create, maintain or
6 permit to re~ain upon any r~art of said rightoo/-way located between the
7 curb line, or ii there is no curb line, then between the adjacent edge of
8 the traveled ~ortion of such right-of-~ray and the abutting prol~erty line,
9 any condition, structure or object dangerous or hazardous to the use of
10 said right-o£-~ay by the members of the general public, including but not
11 limited to the following conditions, to wit:
12 1, Defective sidewalk sur/aces, including but not limited to
broken or cracked cement, stub-toes, depressions within or
13 or betaeeen sidewalk joints;
14 2, Defective cement surfaces placed adjacent to the public side-
~alk or defects at the juncture between said cement surfaces
15 and said oublic sideaealks, including stub-toes or depressions
at said junction;
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3, Defects in sidewalks or Imblic ~ays caused or contributed to
17 by the roots of trees or similar growth or v~getation
located either on vrivate adjoining prooerty or on the ~arking
18 strip wrtion of any such street right-of-~ray;
]9 4. Defective conditions caused by trees limbs, folia~e, brush or
grass on or extending over such ~ublic sidewalks or right-of-ways;
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5, Defective conditions on the parking strip area between the curb
21 line and the sidewalk or, if there is no curb line, then
betaceen the edge of the traveled portion of the street and the
2~. side, talk and bet'~n the sidewalk and the abuttinr pror~rty
line;
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6, Defects resultin~ fro~ acca~ulation of ice and snow on public
24 sidewalks or on the right-of-way beta~een the curb line or,
if there is no curb line, then betaken the adjacent edge of
25 the traveled portion of the street roadway and the abutting
property line;
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3o Ordinance - 2 -
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32 WALGREN & SEXTON
ATTORNEYB AT LAW
ROOMS 40~- 400
BR[ME~N, WA~HIN~N gBalO
TE~PHONE (206) ~8~ 7-4471
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7. Defects consisting of foreign matter on the public
sidewalks, including but not limited to gravel, oil,
grease, or any other foreign subject matter that cause
4 pedestrians using said sidewalk to fall, stumble or
slip by reason of the existence of such foreign matter.
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8. Defective handrails or fences or other similar
structures within or immediately adjacent to said
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right of way area.
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Section 2.
In the event of any injury or damage to any person and/
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9 or property proximately caused by the defective, dangerous
10 ior hazardous condition of any sidewalk as hereinabove specified,
11 or by the presence or accumulation of ice or snow thereon, or
12 by lack of proper guards or railings on or along the property
13 abutting on any public way, then the abutting property owner
14 ~where such injury or damage occurs shall be liable therefor
15 including liability to the City of Bremerton for all damage,
16 injury, costs and disbursements including court costs and
17 attorney's fees, which the City may be required to pay or
18 incur to any person injured or property damaged as a~foresaid.
19 Whenever any public right of way in the City of Bremerton
20 shall have been improved by the construction of a sidewalk
21 along either side thereof, the duty. and expense of the main-
22 tenance, cleaning, repair and renewal of said sidewalk,
23 including the erection or maintenance of suitable barriers
24 along the outer margin of said sidewalk where the same is
25 elevated more than two feet above the abutting property,
26 shall be upon the owner of the directly abutting property.
27 Ail such repairs shall be made after application for/and
28 issuance of a proper building permit therefor, as required
29 by law, and all of such work to be duly inspected and approved
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Ordinance -3-
32 WALGREN & SEXTON
ATTOII~IEY~ AT ~W
M ~URlll ~ mUl~lNe
B~MBRTONo WA~,IIN~'rON 08810
TELl. PHONE (~06) ~51~ 7-4471
1 by the City Engineer of the City of Eremerton.
2 gECTION 3.
3 Any 9erson, fire or corsoration desiring to chan~e or relocate any side-
4 walk in front of and abuttin~ their Vroverty shall make application in
$ writing to the Engineering De~rtment of the City. of Bre~erton, and such
6 al~plication shall contain, among others, the exact location, of such vro-
? ~osed change or relocation, the location of any new sidewalk to be laid
8 and the connections and locations of other sidewalks u!xm such street;
9 no change or relocation of any sidewalk shall be made until the issuance
10 of an al~propriate permit .therefor.
11 SE. gl'ION ~,
12 Any Verson, firm or corlx~ation violatin~ any of the provisions of this
13 Ordinance shall, u~on conviction thereof, be guilty of a misdemeanor and
14 be punished by a fine inany sm not exceeding $300,00 or by i~risoranent
15 in the City jail f~r a period not exceeclin~ 90 days, or by both such fine
16 and i~vrison~ent,
17 SECTION 5.
18 APPROVED by the City Council of the City of Brc~rton this z/ day
19 of August 197i
20 PA.~I~D by th~ City Council of the City o~ Br~erton, signed by the
21 Mayor and attested by the City Clerk in authentication Of such l~assa~e
22 this //Y~lay of August 1971.
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26 GI,E~' K'; JA~STAD-,
Attest:
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32 ,G_,_ C': .~M3ON, Sr., CiO ~lerk' WALGREN & SEXTON
· 4B ffoui~rH ml~l' BUILDINO
BRliM[~N, W.4~HINm'rON g8~!0
Ordinance ,. ~ . TEL~PHON~' (206) KS$1X 7-4471