(a)
In order to protect the public health, safety and welfare, it shall
be unlawful for any person to place goods, wares, merchandise, fruits,
vegetables, boxes, barrels, containers, basketball goals, soccer goals,
or other sports equipment, dispensers, signs or any other obstruction
of any kind in or upon any street, street right-of-way, avenue, alley
or sidewalk or the city’s right-of-way between the curbline
and the property line of any business, commercial or residential property
within the city.
(b)
Exceptions: The container is a bona fide commercial solid waste container
scheduled for the removal of contents on set dates, by which said
container is removed and placed from public view within twenty-four
hours; American flags which may be displayed by nonprofit organizations
on federal holidays designated and approved by the chief of police;
and any future ordinances which may allow for the placement of certain
objects as determined by the city.
(2007 Code, sec. 8.05.001)
(a)
It shall likewise be unlawful for any person in charge of or occupying
any property to permit goods, wares, merchandise, boxes, barrels,
containers, dispensers, signs, vegetation or other obstructions that
create a sight distance obstruction for the motoring public to remain
on the street, alley, avenue or sidewalk adjoining the property or
building in his/her charge or control, whether the same was placed
thereon by such person or not. The provisions of this section shall
not apply to a utility franchise as long as they have received the
required approval and permits from the city for such placement.
(b)
Exceptions: The container is a bona fide commercial solid waste container
scheduled for the removal of contents on set dates, by which said
container is removed and placed from public view within twenty-four
hours; American flags which may be displayed by nonprofit organizations
on federal holidays designated and approved by the chief of police;
and any future ordinances which may allow for the placement of certain
objects as determined by the city.
(2007 Code, sec. 8.05.002)
(a)
Any person convicted of a violation of any provision of this article shall be guilty of a class C misdemeanor and shall be fined in accordance with the general penalty in section 1.01.009 of this code. Each day of violation shall constitute another violation.
(b)
Additionally, the city shall have the authority and duty to remove or cause to be removed and impounded any such goods, wares, basketball goals, soccer goals or any other sports equipment or any other obstruction of any kind as described in section 14.05.001 from any public street, sidewalk, alley or other public property.
(c)
The cost of any such removal or impoundment shall be chargeable to
the person or persons, jointly and severally, who were responsible
for or who caused the erection or placement of the obstruction(s).
(d)
Once an item has been impounded pursuant to this article, said item
may be deemed abandoned and disposed of at any time or in any manner
designated by the city.
(2007 Code, sec. 8.05.003)
