Ord 105-2007 12/18/2007 -• �
ORDINANCE NO. 105-2007
ORDINANCE OF THE CITY OF WICHITA FALLS, TEXAS AMENDING THE
CODE OF ORDINANCES AT CHAPTER 94 BY THE ADDITION OF SECTION
94-134, DUTY TO PREVENT SIDEWALK OBSTRUCTION; PROVIDING A
REPEALER CLAUSE, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE; AND FINDING AND DETERMINING THAT THE MEETING
AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC
AS REQUIRED BY LAW.
WHEREAS, the City Council of the City of Wichita Falls seeks to provide for the health,
safety and welfare of its citizens; and,
WHEREAS, sidewalks are intended to provide for safe pedestrian movement and
barrier-free access; and,
WHEREAS, said safe pedestrian movement and barrier-free access is impeded or
prevented when a sidewalk is obstructed; and,
WHEREAS, the City Council seeks to amend that portion of the Code of Ordinances
relating to the maintenance and use of sidewalks.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
SECTION 1. All of the above preambles are hereby found to be true and correct
legislative and factual findings of the City of Wichita Falls, and are hereby approved and
incorporated into the body of this ordinance as if copied in their entirety.
SECTION 2. Chapter 94 of the City of Wichita Falls Code of Ordinances is hereby
amended by the addition of Section 94-134, Duty to Prevent Sidewalk Obstruction, which
section shall hereafter read as follows:
"Sec. 94-134. Duty to Prevent Sidewalk Obstruction.
(a) It shall be unlawful for any person to obstruct a sidewalk within the limits of the
City of Wichita Falls.
(b) It shall be the duty of the owner of property abutting on a sidewalk, or the duty of
any person enjoying the use of any property abutting on a sidewalk, to ensure that any use of
said abutting property does not result in obstruction of a sidewalk.
(c) A sidewalk shall be deemed to be obstructed when there is less than a minimum
of a three-foot, barrier-free width of pavement, separate from the street, available for safe
pedestrian movement.
(d) It is a defense to prosecution under Section 94-134(a) that the obstruction is due
to:
. ., .
1. The necessary repair of the sidewalk, adjoining driveway or other feature
of the adjoining property by the abutting property owner or person
enjoying the use of abutting property. Such repair shall be deemed to be
necessary if it is properly permitted or ordered by the director of public
works;
2. The necessary repair of any public utility by a government agency or
utility company; or
3. An effort by the abutting property owner or person enjoying the use of
any property abutting on a sidewalk to prohibit use of a portion of the
sidewalk that has become defective and could result in damage or injury
due to such defective condition, until such time as the abutting property
owner or person enjoying the use of any property abutting on a sidewalk
is able to effect repair, as per his duty under Section 94-132.
(e) Unlawful obstruction of a sidewalk includes, but is not limited to:
1. Parking a vehicle in a driveway such that the vehicle blocks the portion of
the sidewalk that also constitutes a portion of the driveway, and leaves
less than a three-foot, barrier-free width of sidewalk available for use; and
2. Piling or allowing the piling of branches, leaves, dirt or other items on the
sidewalk such that it becomes obstructed."
SECTION 3. All ordinances or parts of ordinances in force when the provisions of this
Ordinance becomes effective which are inconsistent or in conflict with the terms and provisions
contained in this Ordinance are hereby repealed only to the extent of any such conflict.
SECTION 4. It is hereby declared to be the intention of the City Council that the
phrases, clauses, sentences, paragraphs and sections of this ordinance be severable, and if
any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs or sections of this ordinance, and the remainder of this Ordinance shall be enforced
as written.
SECTION 5 . This Ordinance shall take effect immediately upon its passage and
publication as may be required by governing law.
SECTION 6. It is hereby officially found and determined that the meeting at which this
ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 18 day of December, 2007.
MAYOR
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ATTEST:
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'ty Clerk