71-09 Amend 903.10 Duty to Repair & Maintain Sidewalks

Home Browse Search

(First reading 9/21/09, second read- ing 10/5/09; recommended for pas- sage by the Rules & Ordinances Committee 10/27/09; please substi- tute for original) PROP. ORDINANCE NO. 71-09 BY: Antonio, Bullock, Butler, Madigan, Powers, Summers AN ORDINANCE to amend Section 903.10, Duty to Repair and Maintain Sidewalks and Driveway Aprons and Section 903.99, Penalty within Chapter 903, Sidewalks and Curbs of the Codified Ordinances of the City of Lakewood to include tree lawn in the de- finition of sidewalk for the purpose of clarification and to create a penalty for failure to repair a sidewalk or driveway apron. WHEREAS, the City recently updated Chapter 903, Sidewalks and Curbs, of the Codified Ordinances of the City of Lakewood; and WHEREAS, during the legislative proeess, members of Council noted that this chapter lacked a criminal penalty for failure to repair a sidewalk or driveway aprons; and WHEREAS, the Department of Public Works has requested clarification that the definition of sidewalk also includes the area in the public right-of-way referred to a the "tree lawn." Now Therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO Section 1. That Section 903.10, Duty to Repair and Maintain Sidewalks and Driveway Aprons, within Chapter 903 Sidewalks and Curbs, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 903.10 Duty to Repair and Maintain Sidewalks and Driveway Aprons. (a) For the purpose of this section, "sidewalk" means that portion of a street between the curb lines, or the lat- eral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians. (b) As used in this section, "driveway apron" means that area of the driveway from the curb to the sidewalk.