STREETS GENERALLY

Memphis Code of Ordinances tit. 12, ch. 12-4

in effect

Memphis Code of Ordinances § 12-4-1 Street improvements generally.

Sec. 12-4-1. - Street improvements generally. Streets and public thoroughfares shall be paved and otherwise improved in such manner and with such materials as the city council may prescribe by ordinance or resolution. If any improvement is made on the front foot or district improvement plan, the provisions of the statutes authorizing such improvements shall be strictly followed, and each and every officer of the city shall follow the provisions of such statutes governing his or her powers and duties. (Code 1967, § 36-1; Code 1985, § 34-1)

Memphis Code of Ordinances § 12-4-2 Establishment of street grade prior to improvement of street.

Sec. 12-4-2. - Establishment of street grade prior to improvement of street. The city engineer shall fix the official grade of any street or public thoroughfare in the city before such thoroughfare may be improved, or before an ordinance or resolution providing for such improvement may be passed. In such event, he or she shall deposit in the records of his or her office a copy of the survey or plan establishing such grade, and thenceforward the grade so established shall be conclusively held to be the official or established grade of such street or public thoroughfare. (Code 1967, § 36-2; Code 1985, § 34-2)

Memphis Code of Ordinances § 12-4-3 Removal of improper materials under grading or paving contract.

Sec. 12-4-3. - Removal of improper materials under grading or paving contract. All contracts for grading and paving any street or wharf shall contain a provision that if the contractor or any other person shall bring, or cause to be brought, on the street or wharf, any materials which do not strictly conform to the contract or city ordinances, the city engineer, or other proper officer of the city, shall, on behalf of the city, have the right to order the same to be removed forthwith from such street or wharf. In case of neglect or refusal of the contractor, or those employed by him or her, to remove such material, then the engineer may cause such material to be removed at the expense of the contractor, and to deduct the expense of such removal, and all other expenses thereon, from the account of the contractor. (Code 1967, § 36-3; Code 1985, § 34-3)

Memphis Code of Ordinances § 12-4-4 Bus shelters.

Sec. 12-4-4. - Bus shelters. The purpose of this section and legislation is to establish the procedure for the approval of site locations for bus shelters to be constructed on sidewalks by any company or companies contracting with the city or MATA to provide such shelters ("government contractor"). Any shelter(s) meeting the criteria set forth below shall be approved by the city engineer. If there is any dispute regarding a particular shelter's location, the government contractor shall, after exhaustion of its appeal to the CAO, have the right to appeal to the Memphis City Council Transportation Committee. The Memphis City Council Transportation Committee shall review the matters presented and may, at its option, adopt a recommendation of Memphis City Council action. The appeal will then be submitted to the Memphis City Council for a final and binding decision by a simple majority of those members present. The site approval procedure for any bus shelter constructed entirely on a city sidewalk is as follows: A. MATA will determine which proposed transit shelters are acceptable for construction in accordance with MATA's routes, and the criteria set forth below. MATA will deliver approved lists, of not more than 20 shelters each week, to the city engineering division. For each approved site location, the government contractor will also submit a detailed schematic diagram which shows major site features, distances from adjacent driveways and intersections, etc., as prescribed by MATA's administrative procedures memorandum. B. The city engineering division will have five working days to accept or reject MATA's list of approved site locations. If the city engineering division has not responded at the end of five days, the locations will be deemed to have been approved by the city engineering division. At the government contractor's request and upon payment of the fee, the city engineering division will immediately issue a sidewalk cut permit to the government contractor for each approved site location. C. For any location properly rejected in compliance herewith by the city engineering division, the city engineering division will highlight the rejected locations and send a copy of the highlighted list to MATA, the government contractor, and the CAO along with the reasons why each shelter has been rejected. Within five working days from receipt of such rejection, the CAO will make a written determination of whether or not the disputed site locations are approved. D. If the CAO is unable to act within five working days because of vacation or other absences from the office, the CAO's secretary will notify MATA, the government contractor and the engineering division of such absence, and will specify a date for a decision not more than five days after his or her return to the office. If MATA does not receive a written decision from the CAO within the time specified, the locations will be deemed to have been approved. At the government contractor's request and upon payment of the fee, the city engineering division will immediately issue a sidewalk cut permit to the government contractor for each approved site location. E. If dissatisfied with the decision of the CAO, the government contractor shall have the right to appeal to the Memphis City Council Transportation Committee. The Memphis City Council Transportation Committee shall review the matters presented and may, at its option, adopt a recommendation of Memphis City Council action. The appeal will then be submitted to the Memphis City Council for a final and binding decision by vote of a simple majority of those present. F. The city engineer shall follow the criteria listed below to determine the site locations which should be approved for bus shelters pursuant to this title: 1. Following receipt of MATA's approval of a site at a signalized public intersection, the city engineer shall approve a shelter located within 25 feet of the approved MATA site at a signalized intersection. Irrespective of such approval, the city engineer may require that additional traffic control devices be installed at such intersection where necessary for public safety. Such installation shall be at the expense of the government contractor; provided, however, that the city engineer may approve a distance greater than 25 feet from the originally MATA approved site, if any only if MATA also approves the greater distance. 2. Any existing MATA shelter shall be approved for retrofitting, including movement at the site, by the government contractor, although such shelter may not be moved more than 25 feet from its existing location; provided, however, that the city engineer may approve a distance greater than 25 feet from the originally MATA approved site, if and only if MATA also approves the greater distance. 3. In the event that the placement of a shelter is near a private drive or access point, the shelter shall be placed outside the required site triangle prescribed in the current Memphis and Shelby County subdivision landscape requirements. 4. If any shelter herein is or may be partially or totally constructed on private property, the shelter may be approved for construction by the city engineer if the Memphis and Shelby County Office of Construction Code Enforcement determines the shelter to be in compliance with applicable ordinances of the city and Shelby County. (Code 1985, § 34-4; Ord. No. 4364, § 1, 10-10-1995)

Memphis Code of Ordinances § 12-4-5 Street obstructions.

Sec. 12-4-5. - Street obstructions. A. It is unlawful to obstruct the public streets, alleyways or rights-of-way with boxes, barrels, or any other thing, or any kind of obstruction whatsoever, or permit trees, shrubs or other foliage to project into the street or alleyway so as to impair the vision or passage of motorists. B. It shall be a misdemeanor to place, or cause to be placed, any manner of buildings, erections, depositories, overhanging banners, temporary barriers marking off portions of streets, or other obstructions, with any sort of permanency for private use, benefit, or profit, upon any part or portion of the public grounds, thoroughfares, or passageways of the city, except for emergencies arising or repairs being made by city forces, without approval of the city treasurer, and issuance of a permit by the city treasurer, or his or her designee. (Code 1967, § 36-5; Code 1985, § 34-5; Ord. No. 837, § 3, 1-12-1971; Ord. No. 4352, § 7, 8-15-1995)

Memphis Code of Ordinances § 12-4-6 Obstructing street lamps.

Sec. 12-4-6. - Obstructing street lamps. It shall be a misdemeanor for any person to place any sign or other thing so as to obstruct the light from any street lamp. Failure to remove any such obstruction within five days after notice by the police to do so shall constitute a separate offense. (Code 1967, § 36-5.1; Code 1985, § 34-6)

Memphis Code of Ordinances § 12-4-7 Defacing or injuring streets—Painting house numerals on curb.

Sec. 12-4-7. - Defacing or injuring streets—Painting house numerals on curb. It is unlawful for any person to disturb, deface, injure, damage or alter the face of any street, thoroughfare or public place unless he or she shall have first obtained a permit from the city engineer as provided for by section 12-8-1; provided, further, that painting of numerals of the legally assigned house number on the curb immediately in front of a building or structure shall not be an act prohibited in this section when conforming to the following specifications: no deviation shall be allowed from use of standard block Arabic numerals, and no other embellishments, background coloring (other than white, immediately beneath numerals in an area not to exceed five inches in height and 24 inches in length), nor any script lettering shall accompany the numerals. In the event the city should inadvertently or advertently remove or deface numerals so placed on street curbs, the city assumes no responsibility for the replacement or maintenance of such numbering and all maintenance or replacement remains the responsibility of the owner/occupant. (Code 1967, § 36-6; Code 1985, § 34-7; Ord. No. 3164, § 1, 10-6-1981; Ord. No. 3590, § 1(1), 9-2-1986)

Memphis Code of Ordinances § 12-4-8 Oil not to be spilled on asphalt pavements.

Sec. 12-4-8. - Oil not to be spilled on asphalt pavements. It is unlawful for any person to permit oil to drip, spill or fall upon any asphalt pavement of the city. (Code 1967, § 36-7; Code 1985, § 34-8)

Memphis Code of Ordinances § 12-4-9 Curb service.

Sec. 12-4-9. - Curb service. The serving of food and drinks and the sale of other merchandise to passengers in vehicles in streets is prohibited. (Code 1967, § 36-8; Code 1985, § 34-9)

Memphis Code of Ordinances § 12-4-10 Gas and water pipes under streets and sidewalks.

Sec. 12-4-10. - Gas and water pipes under streets and sidewalks. A. It is unlawful to lay down any new water or gas pipes within the limits of the city less than three feet below the base of sidewalks. The city engineer shall furnish a certificate of the grade. No pipes shall be put down under the pavement or roadbed, except when necessary to connect with pipes already laid. B. All water and gas connection pipes, from mains in the streets of the city to the connection with buildings, shall be of a type approved by the light, gas and water division. C. Whenever a street is to be paved, the gas and water companies are required to put in house connection pipes every 25 feet to prevent the taking up of the streets after they are paved. (Code 1967, § 36-9; Code 1985, § 34-10)

Memphis Code of Ordinances § 12-4-11 Flashing lights projecting revolving beam upon or in view of streets—Removal when interfering with traffic.

Sec. 12-4-11. - Flashing lights projecting revolving beam upon or in view of streets—Removal when interfering with traffic. The director of police services is authorized and directed to determine whether any existing flashing light interferes with vehicular traffic on any street so as to constitute a traffic hazard. When such determination is made in the affirmative, the director of police services shall notify the owner or operator thereof to remove such light within ten days thereafter. Each and every day's continued operation of such light after the expiration of such ten-day period shall constitute a new and separate offense hereunder. (Code 1967, § 36-11; Code 1985, § 34-11)

Memphis Code of Ordinances § 12-4-12 Notice of excavation or site preparation work in utility easements.

Sec. 12-4-12. - Notice of excavation or site preparation work in utility easements. All persons, including all public and private utilities, doing land site preparations within recorded utility easements where such site preparation involves dirt moving and grading for residential, commercial or industrial developments, shall file with the city engineer and the city light, gas and water division right-of-way department a notice of the proposed excavation or site preparation, including the exact location thereof, and a general description of the work proposed, which notice shall be given at least 20 days prior to the commencement of work. Street work done in accordance with engineering plans submitted to and reviewed by the city engineer shall be excepted from this notification requirement. Such notice shall be registered and records kept in the city engineer's office showing information concerning the exact location of such excavation or site preparation and the general purpose for which it is made. (Code 1967, § 36-12; Code 1985, § 34-12; Ord. No. 2413, § 1, 4-27-1976; Ord. No. 3047, § 1(1), 8-12-1980)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT12STSIPUPL_CH12-4STGEFetched: 10/28/2026