Chapter 12.12
OBSTRUCTION OF STREETS AND SIDEWALKS*

Sections:

12.12.010    Obstruction of Streets.

*    For statutory provisions authorizing cities to prohibit and prevent obstructions of public ways, see Government Code § 38775.

12.12.010 Obstruction of Streets.

It is unlawful for any person to leave, or cause to be left, any goods, wares, merchandise, merchandise containers, refuse or waste containers, building materials or equipment, or other articles, upon any sidewalk, sidewalk area, street, parkway, or other public property, within the City, except under the following conditions:

A. Construction. Materials, equipment and supplies required for an approved construction, repair, remodeling, alteration, or demolition project may, to the extent made reasonably necessary by such project, be stored on portions of the areas during such times as the project is actually taking place, provided:

1. Adequate signs, warnings, lights and other safety devices are provided as may be required by local and State laws and regulations;

2. A permit has been issued by the Director of Public Works for the use of the specific areas involved.

B. Deliveries of Merchandise. Within the commercial districts, merchandise may be delivered to and stored on City property in connection with the delivery, unloading and restorage into a place of business, providing that:

1. Such delivery, unloading and restorage is accomplished within a reasonable time;

2. The merchandise, while stored on City property does not prevent the normal pedestrian and vehicular traffic;

3. No such merchandise shall be permitted to remain on public property between the hours of 6:00 p.m. and 6:00 a.m.

C. Refuse Receptacles. Refuse receptacles of a capacity of three cubic yards or larger may be placed on City property for nonmunicipal purposes under the following conditions:

1. In the Commercial Districts. When required for the disposal of an unusual amount of refuse or rubbish generated on the premises, not in connection with a use covered in subsection (A), the refuse container may be left for a period of not to exceed 24 hours, provided:

a. A permit has been issued by the Director of Public Works for use of a specific area in which the receptacle may be deposited;

b. Not more than one permit shall be issued for any one premises within any 30-day period; and

c. The use of such refuse receptacles on City property shall not be substituted for the regular pickup of refuse required by Chapter 8.16 CMC.

2. In the Residential District. When required for the disposal of an unusual amount of refuse or rubbish generated on the premises, not in connection with a use covered in subsection (A), the refuse container may be left on City property adjacent to the premises for a period of not to exceed seven days, provided:

a. A permit has been issued by the Director of Public Works for use of a specific area in which the receptacle may be deposited;

b. Not more than one permit shall be issued for any one premises within any three-month period;

c. The use of such refuse receptacles on City property shall not be substituted for the regular pickup of refuse required by Chapter 8.16 CMC. (Ord. 330 C.S. § 1, 1974; Ord. 39 C.S. § 1, 1962; Code 1975 § 638).