Chapter 12.20
OBSTRUCTION OF SIDEWALKS OR STREETS
Sections:
12.20.010 Permission required to obstruct sidewalks or streets.
12.20.020 Permitted obstruction – City requirements authorized.
12.20.030 Construction related obstructions.
12.20.040 Prohibited obstructions – Declared nuisances – Removal authorized when – Liability.
12.20.060 Display of goods – Prohibited where.
12.20.070 Sprinkling water on sidewalks – Prohibited when.
12.20.080 Rubbish – Prohibited on sidewalks or streets.
12.20.090 Placing accumulated snow or ice on main-traveled portion of street – Prohibited.
12.20.010 Permission required to obstruct sidewalks or streets.
A. Special Events Permits. Any individual, firm or corporation may apply for permission to obstruct sidewalks, curbs, gutters, planting strips, or streets in the city for the purpose of staging sales, promotional events, parades, neighborhood gatherings, or similar events as provided in Chapter 10.27.
B. Outdoor Dining Facilities. Any individual, firm or corporation may apply for permission to obstruct sidewalks, curbs, gutters, planting strips, or streets in the city for the purpose of outdoor dining facilities as provided in Section 12.14.050.
C. Other Long-Term Uses of Public Rights-of-Way. Any individual, firm or corporation may apply for development authorization for long term occupancy of a public right-of-way in the same manner as provided in Section 12.14.050 for outdoor dining facilities.
D. Construction Related Obstructions. See Section 12.20.030. (Ord. 99-27 § 24, 1999: Ord. A-3519 § 1, 1987: prior code § 9.72.010).
12.20.020 Permitted obstruction – City requirements authorized.
In the event the city grants permission for an obstruction of a public right-of-way, the city may impose any requirements relative to the obstruction which it deems to be in the best interests of the city. (Ord. 99-27 § 25, 1999: Ord. A-3519 § 2, 1987: prior code § 9.72.020).
12.20.030 Construction related obstructions.
A. Any individual, firm or corporation engaging in construction demolition, facade renovation, or general building maintenance shall, when such activity is based upon, fronts on, or overhangs public right-of-way, obtain a right-of-way protection permit from the building official.
B. All right-of-way protection installations shall be in conformance with the Uniform Building Code. Protection shall be in place prior to commencement of any construction activity referred to above, shall remain in place in good repair until completion of the construction activity, and shall be removed within forty-eight hours of completion of the construction activity.
C. Prior to issuance of a right-of-way protection permit:
1. A property owner performing his or her own work shall execute an agreement which holds the city harmless for any claim related to the construction activity in a form acceptable to the city.
2. Any individual, firm or corporation, other than those enumerated in subsection (C)(1) of this section, shall provide the city with a certificate of insurance, in an amount acceptable to the city, which names the city as an additional insured. (Ord. 99-27 § 26, 1999: Ord. A-3519 § 3, 1987; prior code § 9.72.030).
12.20.040 Prohibited obstructions – Declared nuisances – Removal authorized when – Liability.
It is declared by the city council that all obstructions or structures of any kind or character whatsoever, placed, maintained, or erected upon the sidewalks, curbs, gutters or planting strips of the city are unlawful and nuisances and the director of public works is authorized and directed to cause the same to be removed; provided, however, that this section shall not apply to the following items if they have been elsewhere authorized by this municipal code or approved by the city: posts and mail boxes belonging to the United States; drinking fountains for which permits are given; fire hydrants; ornamental public benches presently maintained; public sidewalk trash containers, landscaping; trees; telephone or telegraph or electric light and power poles or natural gas service facilities placed under the terms of franchises given by the city or placed by the city; telephone booths; parking meters and attachments; flag poles placed by veterans organizations; standards for the placing of flags on appropriate holidays; street and traffic-control signs and signals; bicycle racks; newspaper racks authorized by the city administration; public clocks as presently erected and maintained; or temporary sidewalk signs, all of which shall not be considered as such obstructions or structures and shall not be subject to removal hereunder provided further, that the owners or persons responsible for the placing or maintenance of the excepted items which are not publicly owned shall indemnify and save the city harmless from any and all damage or liability to persons or property occasioned by the presence of such items to the fullest extent permitted by law. (Ord. 99-27 § 27, 1999: Ord. A-3512 § 1, 1987: Ord. A-2867 § 1, 1976: prior code § 9.64.010).
12.20.060 Display of goods – Prohibited where.
It is unlawful for any person, firm or corporation to have any display of goods, wares or merchandise or articles for holding same on or above the sidewalks or planting strips of the city, except as provided in Section 12.14.060. (Ord. 99-27 § 29, 1999: prior code § 9.64.030).
12.20.070 Sprinkling water on sidewalks – Prohibited when.
No person, firm or corporation shall set any lawn sprinkler or other watering device so that the same shall throw water over and across any sidewalk in the city, or in any manner obstruct the proper use of the sidewalks within the city. (Prior code § 9.64.050).
12.20.080 Rubbish – Prohibited on sidewalks or streets.
It is unlawful for the owner, tenant or occupant of premises in the city, or for any agent or employee of such owner, tenant or occupant, to place any grass or other rubbish upon any pavement or sidewalk in front of such premises, or to permit any grass or other rubbish to lie or remain thereon. (Ord. 99-27 § 30, 1999: prior code § 9.64.070).
12.20.090 Placing accumulated snow or ice on main-traveled portion of street – Prohibited.
It is unlawful for any person, firm or corporation, whether an owner or occupier of property or otherwise within the corporate limits, to move accumulations of snow and/or ice from any private property, including private parking lots or facilities, of whatever kind or nature, onto a public sidewalk or the traveled portion of any street or alley within the city. (Ord. 99-27 § 31, 1999).