Chapter 11.12
OBSTRUCTING STREETS AND SIDEWALKS
Sections:
11.12.020 Riding on sidewalks.
11.12.030 Merchandise obstructing streets and sidewalks.
11.12.040 Construction—Permission.
11.12.070 Service equipment—Permission.
11.12.080 Openings in sidewalks.
11.12.100 Trains obstructing streets.
11.12.110 Working on vehicle in street.
11.12.120 Emergency work defined.
11.12.130 Leaving goods upon sidewalk.
11.12.140 Placing puncture hazards in street.
11.12.150 Care of loose matter in vehicles.
11.12.160 Spilling of substances from vehicles.
11.12.170 Leaking of oil from vehicles.
11.12.180 Possession in specified areas prohibited.
11.12.190 Possession in specified areas—Parking lots.
11.12.200 Possession in specified areas—Vehicles.
11.12.210 Alcoholic beverage defined.
11.12.010 Nuisance declared.
The acts and things committed or being within this city mentioned in Sections 11.12.020, 11.12.030, 11.12.080 and 11.12.090 are declared to be nuisances. (Prior code § 5411)
11.12.020 Riding on sidewalks.
Riding upon any bicycle, skateboard, roller skate, scooter or other similar vehicle or device, or running any wheelbarrow or other vehicle or device, except a two-wheeled shopping cart, a baby carriage or stroller, or wheelchair (or other wheeled device to assist an invalid in walking), upon any cement, concrete, or asphalt sidewalk in any commercial district or other public place or facility where so posted within this city is prohibited. Persons violating this section shall be deemed guilty of an infraction and, upon conviction, shall be punished accordingly, as set forth in Section 1.16.010 of thus code. (Ord. 97-3 § 1, 1997)
11.12.030 Merchandise obstructing streets and sidewalks.
Placing or keeping or permitting to be placed or kept on the sidewalks or pavements of the main business streets in the city of any goods, wares or merchandise, boxes, vehicles, lumber, bricks, dirt, sand, firewood or any other article or thing is declared to be a nuisance. (Prior code § 5415)
11.12.040 Construction—Permission.
When, in the construction, alteration or repair of any building or structure, it becomes necessary to temporarily obstruct a portion of the sidewalk or street, a request shall be submitted to the director of public works for approval. Approval to encroach upon city right-of-way may be subject to all conditions set forth in Chapter 11.08. (Ord. 675 § 1, 1985: prior code § 5415.1)
11.12.050 Unloading of goods.
Nothing in this chapter shall prohibit the unloading of goods, wares and merchandise on any sidewalk where the goods, wares and merchandise are immediately removed. (Prior code § 5415.2)
11.12.060 Sidewalk displays.
Any merchant may use the space next to the wall of the premises occupied by him, not exceeding two and one-half feet in width, for the purpose of displaying articles of trade not offensive to the senses nor dangerous nor annoying to the public. (Prior code § 5415.3)
11.12.070 Service equipment—Permission.
Nothing in this chapter shall prohibit the placing of any gasoline supply tank station, air pressure hose and tap or any device or equipment intended for the accommodation of the public upon the street or sidewalk after permission therefor has been granted by the council and entered upon its minutes. (Prior code § 5415.4)
11.12.080 Openings in sidewalks.
Leaving any cellar door, trap door or other opening in any sidewalk or pavement in the city open for more than five minutes at any one time, unless guarded by the owner or his employee or otherwise made safe from all danger is declared to be a nuisance. (Prior code § 5416)
11.12.090 Water on streets.
All water which is caused or suffered to run across or upon any sidewalk, street or alley in such a manner as to cause inconvenience to any person or persons traveling the same is declared to be a nuisance. (Prior code § 5418)
11.12.100 Trains obstructing streets.
It is unlawful for any person, firm or corporation, either as owner, or employee or otherwise controlling, operating or in charge of any railroad car or string of railroad cars or train of such cars, to cause or permit such car, string of cars or train of cars or any portion of such train, or two or more trains of such cars, to stand or to be moved in, along or across any public street in such manner as to prevent for a period of five minutes or longer any person or vehicle from crossing the track or tracks on which such car or train or trains of cars are standing or being moved. (Prior code § 6184)
11.12.110 Working on vehicle in street.
It is unlawful to perform any but necessary emergency work or repair on any vehicle while the same is standing on a public street. (Prior code § 6185)
11.12.120 Emergency work defined.
No work shall be considered as emergency work under Section 11.12.110 in any case where the vehicle on which the work is being done, or is to be done, could be performed with the vehicle in the shop or enclosure of the party so doing such work. (Prior code § 6186)
11.12.130 Leaving goods upon sidewalk.
It is unlawful to allow any goods, wares, furniture or merchandise, baggage or freight of any kind to be or remain upon any public sidewalk of this city for any period of time in excess of ten minutes except when the same is in actual process of being loaded into or discharged from a vehicle. (Prior code § 6188)
11.12.140 Placing puncture hazards in street.
It is unlawful for any person to throw, deposit, place or leave, in or upon any public street any nails, tacks, crockery, scrap iron, tin, wire, bottles, glass, thorns or thorny clippings, or thorny branches of trees or bushes or other article or thing likely to puncture or injure the tire of any vehicle. (Prior code § 6193)
11.12.150 Care of loose matter in vehicles.
All carts, vehicles, boxes and other receptacles used for hauling or carrying dirt, trash, garbage, sawdust, sand, gravel or other loose substance on or over any of the streets of this city shall be sufficiently tight to prevent any sifting, leaking or spilling therefrom; and no dirt, trash, garbage, sawdust, sand, gravel or other loose substance shall be hauled, carried or conveyed upon, along or over any of the streets of this city, unless such dirt, trash, garbage, sawdust, sand, gravel or other substance is in a wagon or truck bed, box or other receptacle, sufficiently strong and tight to prevent any sifting, leaking or spilling therefrom. (Prior code § 6194)
11.12.160 Spilling of substances from vehicles.
No person while carrying, hauling or moving any dirt, trash, garbage, sawdust, sand, gravel or other loose substance upon, along or over any street in this city shall allow or permit any such dirt, trash, garbage, sawdust, sand, gravel or other such substance to sift, leak, spill or go upon such street. (Prior code § 6195)
11.12.170 Leaking of oil from vehicles.
It is unlawful for any person, firm or corporation to drive or cause to be driven or permitted to stand any vehicle upon any paved street in this city, which vehicle leaks or in any manner discharges oil or oily substances of any kind upon such paved street. (Prior code § 6196)
11.12.180 Possession in specified areas prohibited.
It is unlawful for any person within the city to possess any alcoholic beverage in any public place, or to transport any alcoholic beverage upon any public street, sidewalk, pedestrian mall, alleyway, or thoroughfare where such alcoholic beverage is in a receptacle which has been opened or the seal of which has been broken, or the contents of which have been partially removed. (Ord. 959 § 1, 1995)
11.12.190 Possession in specified areas—Parking lots.
It is unlawful for any person to possess any alcoholic beverage where such alcoholic beverage is in a receptacle which has been opened or the seal of which has been broken, or the contents of which have been partially removed, on any parking lot within the city associated with or under the control of any business or other premises open to the public where such parking lot has immediate access to a public street. (Ord. 95-9 § 2, 1995)
11.12.200 Possession in specified areas—Vehicles.
It is unlawful for the registered owner of any vehicle, or the driver, if the registered owner is not then present in the vehicle, to keep in a motor vehicle when such motor vehicle is located in any area enumerated in Sections 11.12.180 or 11.12.190 of this chapter or this section, any bottle, can, or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, unless such container is kept in the trunk of such vehicle, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if such vehicle is not equipped with a trunk. A utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers. This section shall, however, not apply to living quarters of a house, car, camper or motor home. (Ord. 95-9 § 3, 1995)
11.12.210 Alcoholic beverage defined.
The definition of “alcoholic beverage” as used herein shall include alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances. (Ord. 95-9 § 4, 1995)
11.12.220 Exceptions.
Sections 11.12.180, 11.12.190 and 11.12.200 of this chapter shall not be deemed to make punishable an act or acts which are prohibited by any statute of the state of California. (Ord. 95-9 § 6, 1995)
11.12.230 Misdemeanor.
Any person violating any of the provisions of Sections 11.12.180, 11.12.190 or 11.12.200 of this chapter which are declared to be unlawful shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. (Ord. 95-9 § 7, 1995)