§ 31-25-403 — Definitions

As used in this part 4, unless the context otherwise
requires:

(1) Improvements means improvements of any kind or nature necessary or
convenient to the operation of municipal streets as a pedestrian mall, including but
not limited to paving, sidewalks, curbs, gutters, sewers, drainage works, street
lighting facilities, fire protection facilities, flood protection facilities, water
distribution facilities, ponds, lakes, vehicular parking areas, retaining walls,
landscaping, tree planting, statuaries, fountains, commercial buildings and
facilities, decorative structures, benches, rest rooms, child care facilities, display
facilities, information booths, public assembly facilities, and other structures,
works, or improvements necessary or convenient to serve members of the public
using such pedestrian mall and including the reconstruction or relocation of
existing municipally-owned works, improvements, or facilities on such municipal
streets.

(2) Intersecting street means any street which meets or crosses a
pedestrian mall at a mall intersection but includes only those portions thereof on
either side of a mall intersection which lie between the mall intersection and the
first intersection of the intersecting street with a municipal street or highway open
to vehicular traffic. If any portion of a pedestrian mall terminates on a street at a
place thereon other than a place of intersection with a municipal street or state
highway open to vehicular traffic, intersecting street also includes that portion of
any street which lies between such place of termination and the first intersection of
such street with a municipal street or state highway open to vehicular traffic.
Intersecting street also includes any other street or portion thereof which the
governing body, in a measure duly adopted as provided in this part 4, declares to be
such.

(3) Mall intersection means any intersection of a municipal street which
constitutes a part of a pedestrian mall with any other street, which intersection is
itself part of the pedestrian mall.

(4) Municipal street means a street which exists within the municipal
boundaries of a municipality except those designated as state highways by a duly
constituted authority. If a state highway is contemplated to be used as part of a
pedestrian mall, the transportation commission is authorized to remove the
classification of a state highway from such part to be used as a pedestrian mall and
to cede complete jurisdiction to the municipality by resolution duly adopted if it is
satisfied that satisfactory provisions for the routing of traffic through the
municipality can be provided by an alternate route or that the part of the state
highway proposed for a pedestrian mall is no longer necessary for state highway
purposes.

(5) Public mall, referred to in this part 4 as pedestrian mall, means one or
more municipal streets or portions thereof on which vehicular traffic is or is to be
restricted in whole or in part and which is or is to be used exclusively or primarily
for pedestrian travel, although such mall may have other improvements
constructed upon it for appearance and utility.

(6) Streets, as used in the definitions of the terms municipal street, mall
intersection, and intersecting street in this section, means any public street,
road, highway, alley, lane, sidewalk, right-of-way, court, way, or place of any nature
open to the use of the public and held by the public for street and road purposes,
whether the same was acquired in fee or by grant of dedication or easement or by
adverse use.

Legislative History

Source: L. 75: Entire title R&RE, p. 1182, � 1, effective July 1. L. 91: (4) amended, p. 1069, � 42, effective July 1.