[Code 1955, § 5-1.7; Ord. No. 452; Ord. No. 1530, 3-4-2009]
No person shall place any merchandise, material or sign upon,
or engage in commercial activity upon, any sidewalk, street or alley;
provided, however, that:
(a)
The City Manager may issue a written permit which shall be valid
for a period of not more than 90 days allowing the temporary storage
of a reasonable quantity of building and construction materials thereon,
which permit shall impose such limitations and requirements as shall
protect the safety and general welfare of the public. Before a permit
is issued, the applicant shall pay a permit fee as established by
resolution of the City Council.
(b)
Upon application, the Council of the City may, in its discretion,
allow a temporary commercial use of streets, alleys or sidewalks if
it determines that the proposed use will not unduly interfere with
the public use thereof. If such proposed use be granted, the Council
shall impose such conditions and requirements to such use as are appropriate
to safeguard the public health and safety, to assure needed passage
area for pedestrians or vehicles, or both, and to prevent the creation
of a public nuisance. The right to exercise any such commercial use
of a public street, alley or sidewalk may be terminated forthwith
by the Council without notice or hearing thereon.
(c)
For purposes of this chapter, the occupant of adjacent property,
or in the case of unoccupied property, the owner shall be rebuttably
presumed to be the owner of the material or commercial activity for
any enforcement activities or violations of this chapter.
[Code 1955, § 5-1.13]
(a)
No person shall go upon, drive or cause to be driven any animal or
vehicle on any new pavement, sidewalk, curbing, gutter or other construction
work until the same has been completed and any street closing sign
or barricade posted or placed thereon has been removed by the proper
City officer or employee or other person who is responsible for such
construction.
(b)
No unauthorized person shall move, alter, deface, injure or destroy
any part of accessory of any street or alley or any sign or barricade
erected or placed to protect, warn or guide the public.
[Code 1955, § 5-1.8; Ord. No. 1530, 3-4-2009]
If any building, fence or other structure, or any tree, hedge
or shrub shall extend near to or in any manner encroach upon any part
of any street, alley or sidewalk so as to interfere with the public
safety or convenience, the enforcing officer shall serve notice upon
the owner or occupant of the premises where such encroachment exists,
or if the premises are unoccupied and the owner is a nonresident,
then by posting such notice in a conspicuous place upon the premises,
specifying the extent and location of such encroachment and requiring
the owner or occupant to remove the same within 30 days. Refusal or
failure to comply with such notice shall be deemed to be a violation
of this Code.
[Code 1955, § 5-1.14]
No person shall suspend anything over any sidewalk or street
area unless expressly authorized in this code.
[1]
Editor's Note: Former Section 32-4.1, City event signs, added
10-19-2005 by Ord. No. 1429, was repealed 7-21-2021 by Ord. No. 1797.
[Ord. No. 1530, § 32-51, 3-4-2009[1]]
A person who violates or fails to comply with Sections 32-1, 32-3, 32-4, 32-5, 32-11, 32-12 or 32-15 of this chapter is responsible for a Class II municipal civil infraction and subject to the civil fines set forth in the schedule of fees and charges in Section 2-118 of this Code or any other relief that may be imposed by the court. Each act of violation and each day upon which such violation occurs shall constitute a separate violation.
