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TO AMEND TITLE 12 ("STREETS, SIDEWALKS AND STORM SEWERS") ANDTITLE 17 ("CONSTRUCTION REGULATIONS") OF THE BLOOMINGTON MUNICIPAL CODE Re: Deleting Chapter 12.08 (Excavations) and Replacing it with Chapter 12.08 (Use of the Right of Way) and Adding a New Chapter 12.10 (Enforcement and Penalties) and Deleting Three Sections of Chapter 12.04 (General Regulations) and Revising One Section of Chapter 17.08 (Administration and Enforcement)

This ordinance updating Title 12 and Title 17 does four (4) things. First, Chapter 12.08, titled "Excavations," is repealed and replaced with a new Chapter 12.08 titled "Use of the Right of Way". The purpose behind this change is to ensure that language has been added to each section of this chapter that encompasses excavation in the right of way as well as use of the right of way. Use of the right of way includes storage of equipment or materials and closing a street, sidewalk, bike lane, or other lane of traffic. Second, it deletes three (3) sections of Chapter 12.04 which deal with walkarounds, as that topic is included in the new Chapter 12.08. Third it deletes a portion of section of Chapter 17 .08, which includes permit fee provisions, as th~ deleted items are included in the new Chapter 12.08. Fourth, it establishes a new Chapter of the Bloomington Municipal Code, Chapter 12.10, entitled "Enforcement and Penalties," which provides more efficient and specific enforcement procedures. Note: This ordinance was revised after release in the Legislative Packet but before introduction at the October 7, 2020 Regular Session. The revisions affected the following proposed sections: - 12.10.020(a)(l)-by deleting "title" and replacing it with "Chapter 12.08 or 12.10",· - 12.10. 020 - by deleting (I) and (g) and re-lettering remaining subsections accordingly,· - 12.10.040-by inserting a new subsection (b) and re-lettering remaining subsections accordingly; - 12.10.040(c)-by changing the amount for "Failure to maintain approved maintenance of traffic plan; including but not limited to maintaining compliant traffic control devices" from $100 to $500; and - 12.10.050(a) -by revising language related to issuance of official warnings. Also note: At the November 4, 2020 Regular Session, the Council adopted two amendments to Ordinance 20-21: - Am O 1 - Modified section 12. 08.110 to provide for safer passage of pedestrians in construction zones; and - Am 02- Changed all binary gender pronouns to gender neutral pronouns throughout the ordinance.

Amends CodeYes
Final 2020-11-04 pass 9-0