Chapter 9.45
ROADSIDE STANDS
Sections:
9.45.010 Unlawful to erect certain structures along roads.
9.45.020 Required distance from right-of-way.
9.45.030 Nuisance declared – Authority of engineer.
9.45.040 Violation – Misdemeanor.
9.45.010 Unlawful to erect certain structures along roads.
It is unlawful for any person to build, erect, establish, operate, maintain or conduct along and upon the right-of-way of any City road or highway any platform, box, stand or any other temporary or permanent device or structure used, or to be used, for the purpose of receiving, vending or delivering any milk, milk cans, vegetables, fruits, merchandise, produce, or any other thing or commodity of any nature; provided, that the encroachment upon said City road or highway for business purposes shall not exceed two feet from the right-of-way line thereof. [Ord. 01-0101 § 53 (KCC 12.28.010).]
9.45.020 Required distance from right-of-way.
It is unlawful for any person to erect a structure or establishment or maintain a business, the nature of which requires the use by patrons or customers of property adjoining such structure or establishment, unless such structure or establishment be so located at a distance from the right-of-way of any City road or highway that none of the right-of-way thereof is required for the use of the patrons or customers of any such establishment except that portion thereof permitted under KMC 9.45.010. [Ord. 01-0101 § 53 (KCC 12.28.020).]
9.45.030 Nuisance declared – Authority of engineer.
Whenever there shall exist upon the right-of-way of any City road or highway, or off the right-of-way thereof in sufficiently close proximity thereto, any structure, device or natural or artificial thing which threatens or endangers the use of such City road or highway or portion thereof, or which tends to endanger persons traveling thereon, or tends to obstruct or constitutes a hazard to vehicles or persons traveling thereon, such structure, device or natural or artificial thing is hereby declared to be a public nuisance and the city road engineer is empowered to take such action as may be necessary to effect the abatement of the same. Any such structure, device or natural or artificial thing considered by the city road engineer to be immediately or eminently dangerous to travel upon a City road or highway may be forthwith removed, and such removal shall in no event constitute a breach of the peace or trespass. [Ord. 01-0101 § 53 (KCC 12.28.030).]
9.45.040 Violation – Misdemeanor.
Any violation of this chapter shall constitute a misdemeanor and be punished accordingly. [Ord. 01-0101 § 53 (KCC 12.28.040).]