It shall be unlawful for any person or entity to store or display
or cause to be stored or displayed any goods, wares or merchandise
upon any sidewalk, street or alley or upon any land dedicated to public
use, except as specifically set forth in the exceptions of this article.
[Amended 5-14-2001 by Ord. No. 403]
The following exceptions shall be allowed within the City:
A. Upon an application for, and the issuance of, a special permit by
the City Council for days and locations for goods, wares and merchandise
when special events are being held within the City, except as follows:
(1) Any business owner, on any sidewalk within the City of Hayward, may
display, any goods, wares or merchandise on that portion of any sidewalk
in the City of Hayward which is within two feet of the front of the
building where the business owner is located.
B. City trash containers, municipal street signs, parking meters, U.S.
postal boxes, City planters (if any), and City-approved benches.
Goods, wares and/or merchandise authorized by in exception §
393-3B herein shall be placed "in line" with sidewalk benches or other existing width constrictions such as authorized posts.
Any person or entity violating any provision of this article
shall be subject to a forfeiture of $50, together with the cost of
prosecution and court costs. In the default of payment of forfeiture
and costs under this article, said person or person in control of
any such entity violating any provision of this article shall be imprisoned
in the county jail until such forfeiture be paid, not to exceed 10
days.
It shall be the duty of the Police Department of the City of
Hayward to strictly enforce all of the provisions of this article
and all parts thereof, and said Police Department shall take into
account the provisions of the American With Disabilities Act, as the
same now exists or is hereafter amended.
The Police Department shall keep an accurate record of all violations
and shall make a yearly report of such violations to the Common Council
and shall make a yearly report of all legal actions instituted to
ensure such violations to the Common Council or at other intervals,
as the Common Council shall designate from time to time.