Legal Definitions - Street

A street is a public thoroughfare within a city or town, typically paved, that is owned and maintained by the local government (municipality) for the general public's use. Its primary purpose is to allow for free and unobstructed passage for vehicles and pedestrians. Municipalities have a legal responsibility to ensure streets are kept in a reasonably safe condition for public access. This distinguishes a street from a private road, which is not publicly owned or maintained.

Here are some examples to illustrate the concept of a street:

• Example 1: Municipal Maintenance and Liability

  Imagine a driver hits a large, unexpected pothole on Maple Avenue, causing significant damage to their car. The driver might consider filing a claim against the city for the repair costs.

  This illustrates the definition of a street because Maple Avenue is a public road within the city, owned and maintained by the municipality. The city has a legal duty to keep it in a reasonably safe condition for public use. The presence of the pothole suggests a potential failure in this duty, which is a key characteristic of a street under municipal jurisdiction.

• Example 2: Public Access for Commerce

  A new grocery store opens on Central Boulevard, and customers from all over the city can easily drive or walk to it because Central Boulevard provides clear, public access.

  Central Boulevard is a street because it is a public passageway within the city, maintained by the municipality, ensuring free and unobstructed access for everyone. Its public nature allows any member of the community to use it to reach the new business, fulfilling its primary purpose of public passage.

• Example 3: Community Events and Municipal Control

  The city decides to host its annual holiday parade, temporarily closing several blocks of Main Street to vehicle traffic to allow floats, marching bands, and spectators to gather safely.

  Main Street qualifies as a street because it is a public way within the city, under the control and jurisdiction of the municipality. Even though it's temporarily closed to vehicles for a public event, its fundamental nature as a public thoroughfare for general use, managed by the city, remains. The city's authority to close it for a public gathering further demonstrates its ownership and responsibility over the street.