Chapter 9.10
STREET OBSTRUCTIONS
Sections:
9.10.010 Prohibited – Exceptions.
9.10.010 Prohibited – Exceptions.
(1) No person shall place or cause to be placed anywhere upon any public way, street, or sidewalk, and no person owning, occupying or having control of any premises shall suffer to remain in front thereof upon the sidewalk or half of the street or way next to such premises, anything which shall obstruct the free passage of such street or sidewalk for more than six hours at a time.
(2) This chapter shall not apply to:
(a) Ornamental trees planted along the sidewalks and within the curb line, and barriers for the protection of the same;
(b) Watering troughs placed by permission of the city council upon sidewalks or across gutters for the accommodation of the public;
(c) Materials being used in the construction and repair of any building, if such material shall not occupy more than one-half of the street in front of such buildings; provided, that in case materials are being used in the construction or repair of any building, not less than three feet of the sidewalk shall be left clear and free from obstruction; or a temporary walk, not less than two feet wide, shall be built around or over such materials left in the street or on the sidewalk by builders or their employees or agents in the construction of all buildings, such sidewalk or passageway to be constructed free from obstructions and safe for foot travel and satisfactory to the marshal. [Ord. 19 § 1, 1906]
9.10.020 Enforcement.
(1) It shall be the duty of the marshal where he may find that any obstruction exists as mentioned in this chapter to discover the author of the same and notify him or her to remove it within six hours from the time of said notice being given.
(2) Where no owner can be found for property obstructing any of the streets, alleys, sidewalks, levees, or other public places in the city, the marshal shall take charge of and remove the same to some proper place, and shall sell the same at public auction after two weeks’ notice thereof in some newspaper published in the city; provided the same be not previously claimed by the owner or his agent and the cost of the removal and publication of notice paid to the marshal, and the proceeds of said sale, or as much thereof as may be required, shall be appropriated to pay all expenses of the care, removal and sale of such property, the balance, if any, to be deposited in the city treasury for the benefit of the party in interest, if properly claimed within 60 days from the time of sale. If not claimed within said period of time said amount shall be turned into and become a part of the general fund of the city. [Ord. 19 § 2, 1906]
9.10.030 Public travel ways.
It shall be the special duty of the marshal to cause to be removed any obstruction, railway car, engine, truck, wagon, or other vehicle which may be an obstruction upon any street, alley or place used for public travel in the city and said marshal is hereby empowered to enforce the provisions of this section upon an immediate verbal notice to the person or persons causing such obstructions. [Ord. 19 § 3, 1906]
9.10.040 Violations.
Violation of this chapter shall be deemed an infraction and shall be punishable as such. [Ord. 208 § 2, 1978; Ord. 19 § 4, 1906]