P.R. Laws tit. 23, § 64

2019-02-20
§ 64. Permits

Municipalities may grant permits to control motor vehicle traffic and the public use of public thoroughfares in pedestrian walkways, streets, urbanizations and public or private residential communities with a single access and exit point or with more than one access or exit point; but that none of their public thoroughfares are used to enter or leave another street, urbanization or community which has not requested access control. Should the streets, urbanizations or communities be part of more than one municipality, jurisdiction shall belong to that municipality in which the greater part of the properties is located.

No permanent structures shall be built which hinder the flow of traffic through entry points on those streets that are closed. In order to comply with this condition, it shall be required that gates which allow the use of these streets in case of emergencies be installed.

Pedestrian walkways whose access is not controlled may be sold to the adjoining neighbors for the nominal price of one dollar ($1.00) after the municipalities have consulted the residents of the surrounding area.

The abovementioned provisions notwithstanding, and what has been established in subsection (p)(1) of § 4054 of Title 21, municipalities may issue authorizations or permits for access control of streets, urbanizations or communities whose public thoroughfares are used as points of entry to, or to exit from, other streets, urbanizations or communities, provided that:

(a) The other street, urbanization or community has alternate entry and exit public thoroughfares, and if they do not have such thoroughfares, that each property owner and each resident is guaranteed adequate and necessary means of vehicular access to the street, urbanization or community in which he/she resides with no charge whatsoever, under equal conditions.

(b) Vehicular and pedestrian flow is not hindered, obstructed or limited for the property owners and residents of the other street, urbanization or community, along public thoroughfares or sidewalks which are contiguous to the streets, urbanizations or communities in question.

(c) Each property owner and resident of that other street, urbanization or community is notified individually of the date, time and place the public hearings are to be held, together with a copy of the request for the access control permit and within the term provided in subsection (a) of § 64b of this title.

(d) Sufficient guarantees are offered so that the property owners and residents of the other street, urbanization or community can receive the services of agencies and institutions, entities and private individuals which are required.

The municipality may authorize the partial closing, during the hours of less heavy traffic, weekends and holidays, in those cases in which a total closing is not possible due to traffic or other reasons adduced by any of the agencies concerned.

Every authorization or permit for access control shall be issued subject to the conditions and requirements established in §§ 64—64h of this title and in the regulations adopted by the Puerto Rico Planning Board. The municipality and the Residents’ Association shall be required to notify the residents of their efforts regarding the street closing process by certified mail.

History —May 20, 1987, No. 21, p. 63, § 1; Aug. 10, 1988, No. 156, p. 669, § 2; July 16, 1992, No. 22, § 1; Aug. 14, 1997, No. 77, § 1.