Chapter 12.24
OBSTRUCTIONS
Sections:
Article I. GENERAL PROVISIONS
12.24.010 Building projections prohibited--Exception.
12.24.020 Awnings.
12.24.030 Retaining wall where yard below grade.
12.24.040 Public rubbish dumping prohibited.
12.24.050 Rental of public property--Collection of fees.
Article II. STREET OBSTRUCTIONS: PERMITS
12.24.090 Applicability.
12.24.100 Requirements.
12.24.110 Bond required, when.
12.24.120 Insurance in lieu of bond.
12.24.130 Endorsement of application--Issuance of permit.
12.24.140 Exception--Movement of loads.
12.24.150 Exception--Public utilities.
12.24.160 Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction.
(Ord. 6461 §4, 2007, repeals Section 12.24.060; Ord. 6456 §4, 2007).
Article I. GENERAL PROVISIONS
12.24.010 - Building projections prohibited –Exception
No portion of any building or buildings hereafter to be erected, altered or repaired, shall be allowed to project over into any street or sidewalk; provided, that this section shall not apply to the bases of antes or columns projecting not to exceed eight inches or to cornices or projections placed at least ten feet above the top of the sidewalk.
(Ord. 258 §1, 1887).
12.24.020 - Awnings
The frames of awnings shall not be less than eight feet and curtains not less than seven feet above the top of the sidewalk, and shall not be supported by post or other supports from the sidewalks, and no awning post or other similar obstruction shall be erected or maintained upon any of the sidewalks or within any of the streets of the city.
(Ord. 899 §1, 1906; Ord. 258 §2, 1887).
12.24.030 - Retaining wall where yard below grade
Any person owning or having control of any premises fronting on a public street and below the grade thereof shall, within five days after notice from the street commissioner, requiring him so to do, at his own expense, erect a suitable barricade upon the inner line of the sidewalk, in front of such premises.
(Ord. 258 §6, 1887).
12.24.040 - Public rubbish dumping prohibited
No person shall throw into or deposit upon any public street, highway or grounds, or upon any private premises, or anywhere except in such places as may be designated by the street commissioner, any glass, metal, broken ware, dirt, rubbish or garbage; and no person shall carry upon any sidewalk, exposed, so as to be offensive to pedestrians, any rubbish, garbage or filth.
(Ord. 258 §5, 1887).
12.24.050 - Rental of public property –Collection of fees
The street commissioner shall have authority to collect such rentals as may accrue under the provisions of this chapter and to institute in the name of the city all necessary actions and legal proceedings for the collection thereof. Any and all money collected by the street commissioner under any of the provisions of this chapter shall be turned over by him to the city clerk-treasurer.
(Ord. 6461 §4, 2007; Ord. 6456 §4, 2007; Ord. 1871 §2, 1924).
Article II. STREET OBSTRUCTIONS: PERMITS
12.24.090 - Applicability
Except as otherwise permitted in Article I of this chapter, no person, firm or corporation shall erect or maintain upon any public street, sidewalk or alley or other vacant or public property belonging to the city any obstruction of any kind whatsoever, including but not limited to storage of construction or other materials, the placement of chairs, tables, mailboxes or planters incident to operation of a business, except in compliance with this article; provided, however, that this chapter shall not apply to the erection of signs and billboards; and provided further, that this chapter shall not apply to the placement of moveable items on the untraveled portion of city streets or sidewalks or alleys for a period not exceeding four hours.
(Ord. 6461 §4, 2007; Ord. 6456 §4, 2007; Ord. 4228 §7, 1980; Ord. 2846 §1, 1954).
12.24.100 - Requirements
A. Storage of materials. It is unlawful for any person, firm or corporation to store any materials or things whatsoever by placing or causing them to be placed, piled or stored on any crosswalk, sidewalk, street or alley or other vacant or public property belonging to the city, except merchandise while in the actual course of receipt or delivery, without first obtaining from the Building Official a temporary obstruction permit under such circumstances and in such a manner as the Building Official determines will not hinder or be a detriment to the public. The applicant shall pay a fee at the time of filing the application, and rental for use of the public property, as set forth in Title 4 of this code, and shall comply with the other provisions of this article.
B. Chairs, Tables and Planters. It is unlawful for any person, firm or corporation to erect or maintain upon any public street, sidewalk or alley of the city any chairs or other objects for sitting, tables, or planters incident to the operation of a business adjacent to said street, sidewalk or alley, without first obtaining a permit from the city. Such permit shall be issued by the Director of Community Planning and Development upon a written application describing and depicting accurately the nature and location of the obstruction to be erected and maintained and the period of time contemplated for the maintenance thereof. No such chair table or planter may be erected or maintained within a Pedestrian Walking Lane as defined in OMC Section 9.16.180.B.2 unless the applicant demonstrates that a walking lane at least six (6) feet wide and clear of vertical obstruction will remain between the area proposed to be occupied by chairs, tables and/or planters and the curb, provided that said six foot walking lane may include up to two (2) feet of a grate adjacent to a street tree or other planting. The applicant for such permit shall pay the Director of Community Planning and Development at the time of the filing of his/her application an application fee as specified by the Director.
C. Garbage cans, mailboxes, and other miscellaneous obstructions. Garbage cans, mailboxes (whether incident to an adjacent or other business or not) and other miscellaneous obstructions may be placed on upon any public street, sidewalk or alley of the city, without need for a permit under this article; provided, however, that no such obstruction shall be erected, placed or maintained within a Pedestrian Walking Lane as defined in OMC Section 9.16.180.B.2, unless such restriction is preempted by applicable state or federal law.
(Ord. 6461 §4, 2007; Ord. 6456 §4, 2007; Ord. 5126 §5, 1990; Ord. 4733 §2, 1986; Ord. 4422 §9, 1983; Ord. 2846 §2, 1954).
12.24.110 - Bond required, when
As a condition to issuance of any permit under Section 12.24.100.A of this article, the person with authority to grant the permit may require the applicant to first execute and deliver a bond in the sum of fifty thousand dollars, or in some other amount determined by the permit issuer executed by the applicant and a surety, authorized to do business in the state as surety, conditioned that the applicant will keep and save harmless the city from any and all damages, claims, judgments and expenses arising from any acts which the applicant may do or suffer to be done under such permit, or which may be done by any of its agents, servants or employees, or which may arise from any negligence of himself, or his agents, servants, contractors or employees, or any of them, severally or jointly, in the erection or maintenance of such obstruction. It is further provided that in the event the erection of such obstruction shall necessitate the disturbing of any street, sidewalk or alley, or the cutting into of the same, or necessitate the disturbing of any utilities, the bond shall be further conditioned that at the termination of such permit, such street, alley, sidewalk or utility shall be restored to the condition that it or they were in prior to the granting of the permit.
(Ord. 6461 §4, 2007; Ord. 6456 §4, 2007; Ord. 4228 §8, 1980; Ord. 2846 §3, 1954).
12.24.120 - Insurance in lieu of bond
In lieu of the bond described in Section 12.24.110, the applicant for permit shall be allowed to obtain and deliver to the city and file with permit issuer policy of comprehensive general liability insurance, to be approved by the city attorney in the sum of one million dollars ($1,000,000) per occurrence and $2,000,000 in the general aggregate, for bodily injury, including personal injury or death, products liability and property damage, or in such other amounts as approved by the city engineer and city risk manager, which policy of comprehensive general liability insurance shall be conditioned that the person, firm or corporation receiving such permit and the insurance company shall pay all damages to persons and property, including the city, to the extent of the limits in the insurance policy set forth, growing out of the issuance of the permit and the permission granted by the city to do the things set forth in the permit, including the defense of all suits growing out of claims filed against the city by reason of the granting of the permit, and doing the things in the permit described, and shall hold the city harmless from all claims, costs, expenses, damages and injuries growing out of the granting of the permit, or doing of the things therein authorized, including damages, claims, costs or expenses sustained by property of the city itself.
(Ord. 6461 §4, 2007; Ord. 6456 §4, 2007; Ord. 4228 §9, 1980; Ord. 2846 §4, 1954).
12.24.130 - Endorsement of application –Issuance of permit
Application for such a permit shall be made on a form to be provided by the Director of the Community Planning and Development department of the city, which form shall have space thereon for the endorsement of such restrictions or modifications as the fire department, police department or street department of the city shall deem necessary for public safety. Upon securing such application, the applicant shall thereupon secure the endorsement thereon of the head of each of the foregoing departments, or some authorized representative thereof, who shall endorse on the application such restrictions or modifications, if any, as such department shall deem to be in the public safety in connection with the particular permit applied for. After securing such endorsements, the applicant shall return the written application to the department of public works, which department shall thereupon after payment of the applicant of the permit fee and the deposit of the bond or policy of liability insurance as set forth in this article, issue a permit for the work applied for and shall endorse upon the face of such permit the restrictions or modifications, if any, called for by the police, fire or street department.
(Ord. 6461 §4, 2007; Ord. 2846 §5, 1954).
12.24.140 - Exception –Movement of loads
Movement of over width or over length loads along the streets, sidewalks or alleys of the city shall not be deemed to be a street or alley obstruction within the meaning of this chapter.
(Ord. 2846 §7, 1954).
12.24.150 - Exception –Public utilities
The provisions of this chapter shall not apply to persons, firms or corporations operating public utilities under regular franchise from the city.
(Ord. 2846 §6, 1954).
12.24.160 - Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction
A. Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.
B. As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:
1. First offense: Class 3 ($50), not including statutory assessments.
2. Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.
3. Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.
See also OMC Chapter 4.44, Uniform Code Enforcement.
(Ord. 6081 §31, 2001).