HomeMy WebLinkAboutOrdinance 88.05 Relating to liability and idemnification for damage to public ROWORDINANCE NO. 88.05
AN ORDINANCE OF THE TOWN OF MARANA PROVIDING FOR
LIABILITY AND INDEMNIFICATION AS A RESULT OF
DAMAGE TO PUBLIC RIGHTS OF WAY AND PROVIDING
FOR NOTICE THEREOF
WHEREAS the Town Council of the Town of Marana, Arizona
has determined that there are numerous instances when public
rights of way are damaged by the owners of adjoining land and by
others; and
WHEREAS there are substantial costs to the Town as a
result of repairing its roadways and other public rights of way;
and
WHEREAS there are occasionally defects in and damage
done to public rights of way of which the Town is not aware;
~OW, THEREFORE, BE IT ORDAINED BY THE TOWN OF MARANA as
follows:
Section 1. The Town of Mararia shall not be liable nor
shall any acticn be ma!n~ained against the Town for damages or
injuries co any person or property sustained in consequence of
any £t£ee%~ highway, parkway, bridge, culvert, sidewalk,
cros~walk, street, alley, or other public right cf way being
defective, out of repair, ~]nsafe, dangerous or obstructive unless
written notice of tile defective, dangerous, unsafe, obstructive
or unrepaired condition, specifying the particular place and
nature thereof, has been given to the Town Streets Department,
and there has been a failure or neglect to remedy, repair or
remove such defect, danger or obstruction complained of within a
reasonable time after such notice has been given.
Section 2. No person, contractor, firm, corporation or
other entity shall allow any condition to exist which would
create a hazard or source of danger to the public. In the event
that such condition is determined to exist, said person shall
take immediate corrective action within 24 hours of notice by the
Town; in the absence of said corrective action being taken, the
Town may take whatever action it deems appropriate and charge the
the full costs incurred for such corrective
person or entity for
action.
Section 3. Any person, contractor, firm, corporation
or other entity which causes, directly or indirectly, any damage
to any street, highway, parkway, bridge, culvert, sidewalk,
crosswalk, alley, or other public right of way, shall be strictly
liable to the Town for any and all losses, damages or expenses
incurred by the Town to repair same, and shall indemnify the Town
for any and all expenses, losses or damages incurred by the Town
as a result of actions brought by third parties against the Town
as a result of any injuries sustained to person or property as a
result thereof.
Section 4. It shall not be a defense to the foregoing
section that the person, contractor, firm, corporation or other
entity was not negligent, willful or malicious.
Section 5. If any provision of this Ordinance or its
application to any person or circumstance is held invalid or
unconstitutional, the invalidity or unconstitutionality does not
affect other provisions or applications of this Ordinance which
can be given effect without the invalid provision or application,
and to this end the provisions of this Ordinance are severable.
WHEREAS the immediate operation of this Ordinance is
necessary for the preservation of the public peace, health and
safety of the Town of Marana, Arizona, an emergency is hereby
declared to exist, and this Ordinance shall be in full force and
effect from and after its passage, adoption and approval by the
Town Council of the Town of Marana.
PASSED AND ADOPTED by the Town of Marana, Arizona this
16thday of February , 1988.
ATTEST:
TOWN CL~RK
APPROVED AS TO FORM:
~EVIEWED BY: