Sec. 29-1. - Use of streets a privilege.

The use of the streets by any person for the purpose of operating or causing to be operated thereon any vehicle engaged in transporting passengers for hire over fixed routes is declared a public franchise or privilege in the nature of a franchise and such business or occupation a public utility, the exercise of which is conditioned upon and subject to grant, authorization, license, inspection and regulation by the city council.

(Code 1950, § 13-3; Code 1959, § 1-18)

Sec. 29-2. - Reserved.

Editor's note—

Ord. No. 71696, § 6, adopted June 7, 1990, repealed former § 29-2, relative to collecting donations, selling goods, services and soliciting business upon public streets prohibited, which derived from Code 1959, § 26-31 and Ord. No. 52865, § 2, adopted Oct. 2, 1980.

Sec. 29-3. - Depositing litter, trash and waste material.

It shall be unlawful for any person to throw, dump, deposit, or place any litter, trash or waste material of any kind in or on any public plaza, square, park, street, parkway or sidewalk, or in any planter box or plant container located on such sidewalk.

(Code 1959, § 26-17.1; Ord. No. 36462, § 1, 4-25-68)

Sec. 29-4. - Discharges of impure water and fluids into streets.

(a)

It shall be unlawful for any person to run or discharge any fluid or water containing oil, grease, soap, lye, washing powder, mud or filth, on or into any of the public streets within the city; however, the scrubbing of walks and driveways with reasonable amounts of mild detergent and flushed with clear water from a hose not to exceed three-fourths of an inch in diameter and operating on normal city water pressure shall not be deemed a violation of this section even though water incidentally spills over into the city streets, provided the water does not extend into the traffic lanes.

(b)

Spots on walks or driveways may be dissolved and washed in the manner described above, but the flushing of liquid oil, grease, kerosene, naphtha, or other solvents detrimental to asphalt into city streets shall be prohibited. Sections of this Code dealing with water conservation are not waived under this section.

(c)

In locations where drainage conditions do not permit complete runoff, and pooling of water results between the curb and the traffic lane, the person responsible for such pooling shall be responsible for the immediate removal of such pooled water, or will be deemed to be in violation of this section.

(d)

For the purposes of this section, the term "traffic lane" shall mean that portion of the roadway beginning at a point three (3) feet out from the curb line adjoining the location involved.

(Code 1950, § 41-4; Ord. No. 17835, 7-3-52; Ord. No. 20304, 6-17-54; Ord. No. 20459, § 1, 8-19-54; Code 1959, § 26-14)

Sec. 29-5. - Sweeping and cleaning sidewalks by merchants in sidewalk stands.

(a)

It shall be the duty of all persons selling vegetables, fruits or other commodities on the plazas and squares of the city to sweep and clean the several spaces or stands respectively occupied by them, and also to sweep and clean the area within a radius of five (5) feet from each of such spaces or stands.

(b)

Such spaces shall be so swept and cleaned immediately before the several occupants quit the same, and at each time that they may be occupied by them. All litter, trash, refuse and other matter so swept together shall be immediately removed from the plazas and squares by such occupants and shall be disposed of in the same manner as is provided by chapter 14 for the disposal of garbage.

(Code 1950, § 52-10; Code 1959, § 35-5)

Sec. 29-6. - Transportation which is injurious to streets.

(a)

It shall be unlawful for any person to transport or cause to be transported any gravel, broken rock, coal, wood, coarse sand and trash on or over any street in the city in such manner as to permit any such substance to fall out of any vehicle upon any street of the city, and it shall be unlawful for any person to use or cause to be used any vehicle for hauling any such substance, other than vehicles with a bed or box tightly constructed and of sufficient size to carry such substance securely so that the same cannot drop out on any street.

(b)

All vehicles used for the transportation of crushed stone, wood, dirt, trash, sand, gravel or coal shall be constructed in such a manner as to prevent leakage or spillage of crushed stone, wood, dirt, garbage, gravel or coal upon the city streets.

(Code 1950, §§ 52-11, 52-12; Code 1959, §§ 35-6, 35-7)

Sec. 29-7. - When opening of manholes prohibited.

Manholes shall not be opened in the streets of the business section lying between Alamo Plaza and Flores Street, and between Market and Travis Streets, between the hours of 8:00 a.m. and 9:00 p.m. except for an emergency.

(Code 1950, § 52-13; Code 1959, § 35-8)

Sec. 29-8. - Gratings; abutting steps.

The gratings to be used for covering the openings left in the sidewalks of any street, plaza, public lane or alley for lighting and ventilating the cellars of any house or building within the city shall be made in such a manner that they will be entirely safe for persons walking across the same, and the iron bars used for such grating shall be of heavy iron, and not over one (1) inch apart; but no grate hereafter constructed shall extend or project into the sidewalk more than twenty-four (24) inches beyond the building line, nor shall any steps be allowed upon any pavement or sidewalk unless the latter be more than eight (8) feet in width, and in that event they may be allowed by the city council so long as they may not be considered an obstruction to such sidewalks.

(Code 1950, § 52-14; Code 1959, § 35-9)

Sec. 29-9. - Reserved.

Editor's note—

Ord. No. 2007-01-11-0065, § 2, adopted January 11, 2007, repealed § 29-9 in its entirety, which pertained to permit required to plant trees, etc. in public ways, and derived from the Code of 1950, § 52-17, and the Code of 1959, § 35-10.

Sec. 29-10. - Duty of property owners to trim overhanging trees, etc., and remove debris.

It shall be the duty of the occupant, owner or agent of every premises in the city to keep all trees and shrubs on his premises well trimmed so that they will not overhang the sidewalks or streets in such manner as to interfere with free passage over the same. Such abutting property owners, occupants and agents shall further keep the streets and sidewalks adjoining their property free from debris.

(Code 1950, § 52-10; Code 1959, § 35-11)

Sec. 29-11. - Maintenance of sidewalks, parkways, curbs and driveways by abutting owners.

(a)

It shall be the duty of any property owner, or person, firm or corporation making special use of any sidewalk, curb, parkway or driveway for purposes of ingress and/or egress, or regress for loading, unloading, loading elevators, downspout drains or any other specific use to keep the sidewalks, parkway, curb and driveway abutting said property in a good and safe condition and free from any defects and hazards.

(b)

It shall be the duty of the owner of abutting property or any special user, upon receipt of written notification by the director of public works or any of his subordinates, of any defects or dangerous condition of any unsafe and dangerous defect in any sidewalk, curb, gutter, parkway or driveway to repair the same and put it in a safe condition, free from defect and hazard, within thirty (30) days from date of receipt of such notice.

(c)

The abutting property owner or person enjoying the use of any property abutting upon any sidewalk, curb, parkway or driveway, or any abutting owner or person who is making special use of any sidewalk, curb, parkway or driveway which is or has become defective and has resulted in causing damage either to person or property or both as a result of such defective condition, shall be primarily liable and shall and will indemnify and save harmless the city from and against any and all actions, claims, damages, costs and expenses which may be suffered by the city all in such manner as to save the city whole and harmless from all such actions, claims, damages, costs and expense, and such primary liability and indemnity shall exist without regard to whether or not notice of injury, or of such defect has been given the city as provided by section 150 of article XII of the city charter.

(d)

Any violation of this section or any provision hereof shall be deemed a misdemeanor and upon conviction, the person or persons found guilty shall be subject to the penalty prescribed in section 1-5

(Code 1959, § 35-27.1)

Sec. 29-12. - Grant of use of streets to utilities and carriers.

It shall be unlawful for any person to use any street or grounds of the city for the purpose of conducting and operating thereon any character of public utility or the business of a common carrier or any other character of business, unless the right to do so is granted by an ordinance duly passed by the city council.

(Code 1950, § 52-19; Code 1959, § 35-12)

Sec. 29-13. - Curb cuts, prohibited in certain areas.

No permit shall be issued for construction of any curb cut or driveway leading on to those portions of Commerce Street and Houston Street which lie between Main Avenue and Alamo Street unless the proposed driveway conforms to all of the following requirements:

(1)

There shall be a sight triangle adjoining each side of the driveway which shall extend ten (10) feet from the edge of the driveway along the front property line and six (6) feet into the property. Within such area there shall be no wall, vegetation or other obstruction of any nature to interfere with vision of drivers or pedestrians, except that there may be within such area one (1) column supporting a building; provided, no horizontal dimension of such column which is perpendicular to any possible sight line through the sight triangle shall exceed twenty-four (24) inches.

(2)

There shall be a warning system using audible or visible signals to warn pedestrians of existing vehicles.

(3)

Sufficient off-street storage area shall be provided to prevent the use of street or sidewalk area for storage and to prevent the backing up onto the street or sidewalk area of vehicles using the driveway.

(4)

Where the curb cut or driveway is to be used in connection with a parking facility for automobiles, the design of the parking facility shall be such that the width of the driveway and the direction of traffic flow shall conform to sound traffic engineering principles.

(Ord. No. 22395, § 1, 2-23-56; Ord. No. 27549, § 1, 5-7-59; Code 1959, § 35-13)

Sec. 29-14. - Duties of public service corporations when improvements to be made.

(a)

All public service corporations lawfully having rails, tracks, mains, pipes, poles, conduits, wires or other fixtures or appliances in the public streets of the city are required to take notice of any resolution of the city council and the advertisement inviting bids for the permanent improvement of any street.

(b)

It shall be the duty of each public service corporation, after first obtaining a proper permit from the city authorities, to lay, place, repair or renew, in such time and manner as not to hinder or interfere with such work of improvement, all proper rails, tracks, mains, conduits, pipes or other fixtures and appliances, of such size, condition, character, material, weight and arrangement as to suffice fully for all the needs of the service to be rendered by or which may reasonably be required of such public service corporation on such street for and during the period of at least ten (10) years from and after the time of such improvement, so that it may not be necessary to disturb the pavement of such street for any such purpose during such period.

(Code 1950, § 52-81; Code 1959, § 35-14)

Sec. 29-15. - Repairs to buildings after setbacks.

(a)

Whenever the city council shall order or authorize the opening or widening of any street and it may become necessary to cut or set back any building or structure on such street to conform to the new property and street line to be established, the owners of property abutting thereon shall be permitted, on application to the director of building inspections, to repair or reconstruct such parts of such building or structure as may be required to replace any parts of the same cut away or removed, with the same style of construction and materials as may conform to the building.

(b)

This section shall not authorize the construction of any wooden building or structure or roofs of any combustible materials in districts where such materials are forbidden.

(c)

The building may be extended at the rear of the building by a structure corresponding in size to the part cut away. Such extensions shall be constructed under the provisions of this section.

(Code 1950, § 52-82; Code 1959, § 35-15)

Sec. 29-16. - Reserved.

Editor's note—

Ord. No. 65513, § 2(d), adopted Aug. 13, 1987, provided in part for the deletion of former § 29-16 relative to standard street curb and sidewalk requirements for certain new construction. The provisions of former § 29-16 derived from Code 1959, § 35-87 and Ord. No. 41480, § 1, adopted Nov. 16, 1972.

Sec. 29-17. - Specifications.

All sidewalks, cross walk-ways, drive approaches, curbs and combination curb and gutter shall comply with and be in accordance with the specifications for curbs and sidewalks set forth in this chapter and as outlined in chapter 30 of this Code.

(Code 1959, § 35-88; Ord. No. 41480, § 1, 11-16-72)

Sec. 29-18. - City's liability not extended by granting permits, leases, etc.

No ordinance or other proceeding of the city council, and no act thereunder by any official of the city, and no failure on the part of the city to object to the use by any person for basement or other purposes of any space under any sidewalk in any public street or place of the city shall be taken to evidence any grant of, or lease or consent by the city to any permanent right to the use of such space; but the city shall at all times have the right and power to revoke any permission given for the use of such space, or to take and use, or cause to be taken and used, any and all such space when needed for public use.

(Code 1950, § 52-32; Code 1959, § 35-28; Ord. No. 30271, § 2, 4-11-62)

Sec. 29-19. - Reserved.

Editor's note—

Ord. No. 2007-08-30-0913, § 3, adopted August 30, 2007, repealed § 29-19 in its entirety, which pertained to fees for street name changes, and derived from Ord. No. 60446, §§ 1—3, adopted March 21, 1985.

Sec. 29-20. - Placement and maintenance of appurtenances prohibited on sidewalks and rights-of-way improved in the Tri-Party Downtown Transportation Improvements Project.

(a)

For purpose of this section, the following terms shall have the meanings as indicated:

Appurtenance shall mean any accessory or subordinant building, object or structure, fence, street furniture fixture, trash receptacles, planters, vending machine (excluding newspaper vending machine), fountain, public artwork, or bicycle rack located within the city public right-of-way. Newspaper vending machines are specifically addressed by separate ordinance.

Designated street shall mean any street or public right-of-way which has been or will be improved or reconstructed under the Tri-Party Downtown Transportation Improvements Plan, as set out in the list on Attachment A, attached hereto and incorporated herein.

Person shall mean an individual, corporation, partnership, firm, or association.

(b)

It shall be unlawful for a person to knowingly place or maintain an appurtenance on a sidewalk or public right-of-way abutting a designated street.

(c)

It shall be unlawful for a person to knowingly cause another person to place or maintain an appurtenance on a sidewalk or public right-of-way abutting a designated street. For purposes of this section, a person knowingly causes another person to place or maintain an appurtenance when he aids, directs, hires, or enters into a contract with another person for the aforementioned purpose.

(d)

Any person placing or maintaining an appurtenance in violation of this section shall, upon conviction, be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). In addition, any appurtenance found to be in violation hereof may be identified by placing thereon a highly visible and easily read notice stating that the appurtenance is in noncompliance and must be removed within seventy-two (72) hours. If the appurtenance is not removed, the city may remove same and dispose of it at a police department auction of unclaimed or abandoned property and in accordance with the procedures and practices governing such auctions.

(e)

This section shall become effective on April 15, 1989, for Tri-Party Downtown Transportation Improvements on which construction has been completed and for which beneficial occupancy by the city has occurred. It shall take effect on other Tri-Party Downtown Transportation Improvements streets at subsequent completion milestones as indicated on the Construction Phasing Timetable as shown in Attachment B.

(Ord. No. 69131, §§ 1—5, 3-23-89)

Editor's note—

Ord. No. 69131, §§ 1—5, adopted March 23, 1989, did not specifically amend the Code and at the discretion of the editor said provisions have been included herein as § 29-20. Attachments A and B referred to in § 29-20 have not been set out at length herein but are on file and available for inspection in the offices of the city.

Cross reference— Newspaper vending machines in area of Tri-Party Downtown Transportation Improvements, § 16-321 et seq.

Sec. 29-21. - Compensation for costs associated with restoration, reconstruction and repair of damage to Tri-Party Downtown Transportation Improvements.

(a)

It shall be the responsibility of the persons and/or utility companies that damage or disturb public Tri-Party Downtown Transportation Improvements, which are generally indicated by location in Attachment I hereto, as may be amended to include further future and similar improvements, to compensate the City of San Antonio for actual costs of labor, equipment, materials and overhead associated with city public works department restoration, reconstruction and/or repair of said improvements in general accordance with Tri-Party Design Plans and Specifications.

(b)

Persons and/or utility companies causing construction, excavation or demolition to take place within or under, the public Tri-Party Downtown Transportation Improvements shall be responsible to construct bedding and initial backfill in the excavation up to an elevation to be determined in each instance by the city engineer, at which point Tri-Party specified backfill subgrade or base will be constructed by the city public works department. That initial construction of bedding and initial backfill by the person and/or utility company, shall be accomplished in accordance with prudent civil and utility engineering and construction standards. This city public works department construction is a means to assure that the Tri-Party Improvements restoration, reconstruction and/or repair may be successfully placed above such initial construction, excavation or demolition conducted by persons and/or utility companies.

(c)

Tri-Party Improvements pavement, including subgrade, base course(s), and surface course, will be replaced by city public works department forces to generally conform to design sections indicated on applicable construction documents for the Tri-Party Downtown Transportation Improvements Project. These construction documents shall include drawings and specifications as originally prepared by:

Package 1—Johnson, Johnson & Roy, Inc. and others;

Package 2—Ford, Powell & Carson and others;

Package 3-LAN/Saldana and Amphion Environmental;

and any and all changes or modifications to those documents made during the course of original construction as evidenced in the "as-built" record drawings.

Where, in the opinion of the director of public works, it is necessary for the city public works department to modify original construction methods, materials, or design to achieve the intent of the original Tri-Party Improvements design, those additional changes shall also be incorporated by the city in the Tri-Party Improvements restoration, reconstruction and/or repair, and paid for by the person and/or utility company.

(d)

Any person or utility company considering construction, excavation, or demolition activity within, or under the Tri-Party Improvements shall in advance of same, submit design plans to the city's building inspector for review and comment and shall secure proper permits and/or approvals and pay appropriate fees as otherwise required by the San Antonio City Code. Additionally, the person or private utility company that intends to disturb Tri-Party Improvements shall post a bond, make a cash deposit with the city, or provide other suitable forms of financial security as determined by the city's building inspector in an amount that approximates the projected costs of inspection/observation, labor, equipment, materials, and overhead associated with the city public works department restoration, reconstruction and/or repair activities as estimated in writing and in advance of construction by the city engineer. Upon completion of the work conducted by the public works department, the person or utility company shall be presented with a final invoice stating the actual costs incurred by the public works department listed by general accounting categories. Within thirty (30) days of city issuance of the final invoice to the person or utility company, reimbursement to the city shall occur. Upon satisfactory payment of the invoice, the city shall release any remaining forms of financial security posted by the person or private utility company.

(e)

Emergency conditions requiring immediate response by affected parties warrant the city's building inspector to exercise hereby authorized discretion to waive and/or modify normal standard procedures outlined herein and to promulgate special written conditions to expeditiously address the resolution of the emergency conditions.

(f)

To the maximum extent permitted by applicable law, this section shall apply to previously authorized franchise agreements and licenses or contracts allowing use of the city's public right-of- way.

(g)

Conviction for violation of this section shall be punishable by a fine in San Antonio Municipal Court not to exceed five hundred dollars ($500.00), and city council hereby directs that any said fines collected be deposited into Fund No. 29, Project 014000, Streets/Drainage Maintenance and Improvement Fund.

(Ord. No. 69219, §§ 1—7, 4-6-89)

Editor's note—

Ord. No. 69219, §§ 1—7, adopted April 6, 1989, did not specifically amend the Code and at the discretion of the editor said provisions have been included herein as § 29-21. Attachment I referred to in § 29-21 has not been set out at length herein but is on file and available for inspection in the offices of the city.

Secs. 29-22—29-35. - Reserved.

Editor's note—

Ord. No. 2007-01-11-0065, § 2, adopted January 11, 2007, repealed §§ 29-22 and 29-23 in their entirety. Formerly, §§ 29-22 and 29-23 pertained to the sale of land processing fee; real estate fee; public right-of-way license fee; reduction and waivers; lease transfer fee, and fees for cell towers on city-owned property, respectively, and derived from Ord. No. 99729, § 1, adopted September 16, 2004, and Ord. No. 2006-09-07-0996, § 1, adopted September 7, 2006.