Sec. 31-204. Traffic Barricade Manual violations; Civil Sanctions.
A. Authority and administration. The City Manager and the Director of the Police Department are authorized to issue notices for violating the Traffic Barricade Manual and may take those measures necessary to promote, preserve and protect public health, safety and welfare within the public right-of-way.
B. Violations of Traffic Barricade Manual; Civil Sanctions. The following violations of the Traffic Barricade Manual may result in a Civil Sanction. The amount of the Civil Sanction listed is the minimum amount per day for a violation prior to the commencement of a Civil Action as provided in Sections 31-206 through 31-208
1. Any party’s act, error, or omission within the right-of-way that creates an imminent risk of death or injury; Civil Sanction: $1,500.00.
2. Any party that restricts the right-of-way without proper certification or a right-of-way use permit; Civil Sanction: $1,000.00.
3. Any party that restricts the right-of-way during peak traffic hours without proper authorization, as such peak traffic hours and authorization are described in the Traffic Barricade Manual; Civil Sanction: $1,000.00.
4. Any party that fails to correct or cure a violation of the Traffic Barricade Manual within the time period stated on the notice of violation; Civil Sanction per day: $1,000.00.
5. Any party that restricts the right-of-way at an intersection with traffic signals and such party does not engage in any activity for a period of one continuous hour; Civil Sanction: $1,000.00.
6. Any party that improperly closes a sidewalk or closes a sidewalk without proper certification or a right-of-way use permit; Civil Sanction: $500.00.
7. Any holder of a right-of-way use permit that fails to comply with the conditions, restrictions, limits, times, or location of the right-of-way use permit; Civil Sanction: $500.00.
8. Any party that fails to install advance warning signs or fails to install advance warning signs that comply with the Traffic Barricade Manual; Civil Sanction: $500.00.
9. Any party that fails to install traffic barricades or channelizing devices or fails to install traffic barricades or channelizing devices that comply with the Traffic Barricade Manual; Civil Sanction: $500.00.
10. Any party that fails to remove an advance warning sign leaving the sign facing traffic after the traffic restriction has been removed; Civil Sanction: $250.00.
11. Any holder of a right-of-way use permit that fails to remove traffic control devices from right-of-way within twenty-four hours after right-of-way use permit expires; Civil Sanction: $250.00.
12. Any party that fails to install and maintain traffic control devices as described in chapter eight of the Traffic Barricade Manual; Civil Sanction: $250.00.
13. Any party that renders a bus stop inaccessible without relocating it or taking other actions that maintain access; Civil Sanction: $250.00.
C. Aggregate amount; separate violations. The Civil Sanction amounts set forth in this Section do not limit the aggregate amount that may be imposed by the City. Each day any violation of any provision of this Article or the failure to perform any act or duty required by this Article exists shall constitute a separate violation or offense.
D. Payment of civil sanctions. A party receiving a notice of violation under this Article shall make payment to the City of Phoenix for the Civil Sanction within fifteen calendar days of the notice of violation.
E. Failure to pay civil sanction. The party’s failure to pay a Civil Sanction as provided herein shall result in the commencement of a Civil Action as provided in Sections 31-206 through 31-208 (Ord. No. G-5277, § 6, 2008; Ord. No. G-5444, § 3, 2009)