For purposes of certain provisions contained in this chapter,
the central business district is defined, consisting of the following
streets and alleys:
A. Alisal
Road from a point 150 feet southerly of Oak Street to Maple Avenue.
B. Atterdag
Road from 160 feet southerly of Copenhagen Drive to Elm Avenue.
C. Copenhagen
Drive from Alisal Road to Fifth Street.
D. East alley
(between Alisal Road and First Street) from Oak Street to east-west
alley.
E. East-west
alley (southerly of Copenhagen Drive) from Alisal Road to Atterdag
Road.
F. Fir Avenue
from First Place to Atterdag Road.
G. Middle
alley (between First and Second Streets) from Oak Street to east-west
alley.
H. Mission
Drive from Pine Street to a point 250 feet westerly of Fifth Street.
I. Oak Street
from Alisal Road to Fifth Street.
J. Park Way
from Mission Drive to Alisal Road.
K. West alley
(westerly of Second Street) from Oak Street to east-west alley.
L. First Place
from Mission Drive to Fir Avenue.
M. First Street
from Mission Drive to Oak Street.
N. Second
Place from Fir Avenue to Elm Avenue.
O. Second
Street from Oak Street to Copenhagen Drive.
P. Fourth
Place from Copenhagen Drive to Mission Drive.
Q. Fourth
Place from Mission Drive to Elm Avenue.
R. Fifth Street
from Oak Street to Elm Avenue.
(Ord. 87-70, 1987)
No person shall place or cause to be placed anywhere upon any
public street, way or sidewalk, and no person owning and occupying
or having the control of any premises in the city shall suffer to
remain in front thereof upon the sidewalk or portion of the street
or way next to such premises any boxes, bales, barrels, wood, lumber,
goods, wares and merchandise or any other thing. Provided, however,
that goods, wares and merchandise in transit (but not being offered
for sale) may be allowed on the outer three feet of the sidewalk for
a period not to exceed two hours, where at least five feet of unobstructed
sidewalk remains.
(Ord. 86-31, 1986)
Every person who shall be required to obtain an encroachment
permit pursuant to this chapter shall be required to submit an application
for and obtain an encroachment permit pursuant to this section.
A. Application.
The application for an encroachment permit shall be submitted to the
city clerk and shall contain the following information:
1. The name
of the applicant;
2. The exact
location of the desired encroachment;
3. The nature
and extent of the encroachment;
4. A drawing
showing the exact location of the encroachment with respect to the
public right-of-way and all nearby structures, including any structures
to which it is attached;
5. If the
encroachment consists of a sign, a pictorial representation of the
sign including its size, all logos, colors, motifs, and texts contained
thereon and materials of which it is made; and
6. Any artificial
lighting of or on the same. The application for an encroachment permit
shall be accompanied by an application fee therefor, the amount thereof
shall be fixed by resolution of the city council.
B. Action
on Application. Within 30 days after the submission of the application,
the city manager may approve, conditionally approve, or deny the application
for the encroachment permit. In the event that the applicant is dissatisfied
with the determination of the city manager, the applicant may appeal
the same to the city council by filing in writing with the city clerk
within 10 days after notice of the final determination of the city
manager. Alternatively, the city council may appeal the matter to
itself at its next regular city council meeting and hear and consider
the same at a subsequent meeting after giving 10 days' written notice
of the same to the applicant. The decision of the city council shall
be final.
C. Requirements.
No encroachment permit shall be granted if the encroachment:
1. Does
not comply with the theme or motif of the city;
2. Constitutes
a dangerous condition or an obstruction of a free use by the public
of the public right-of-way;
3. Is less
than eight feet above the ground, or the traveled surface, whichever
is higher;
4. Violates
any of the city's zoning ordinances; or
5. Is in
violation with any overall plan or design adopted for the commercial
area or district of the city.
D. Conditions.
Any encroachment permit which shall be granted may contain the following
conditions, which conditions may be more restrictive than may be provided
elsewhere within this code or other ordinances of the city:
1. Ensure
compliance with the theme or motif of the city, as officially adopted
by the city council;
2. Arrangement
or lighting of or on any such encroachment;
3. Require
liability insurance, naming the city as the beneficiary and cancelable
upon not less than 30 days' written notice to the city;
4. Applicant
to hold the city free and harmless from any and all actions or causes
of actions arising out of the encroachment;
5. Applicant
agrees in writing that the encroachment creates no rights in conflict
with the public interest and that the city may amend or revoke the
right to encroach and the encroachment permit at any time;
6. Ensure
the continued compliance with the city ordinances.
(Ord. 86-31, 1986)
A. Except as permitted under title
4, chapter
4, no persons shall engage in the business or practice of selling, bartering, offering for sale, exchanging for donations or giving away any solid or liquid food or beverage, or any type of goods or merchandise, including samples, or conduct any commercial activity upon any city street, sidewalk, municipal parking lot or other off street property possessed and used by the city in the central business district.
B. Notwithstanding the prohibition of subsection
A of this section, the city may issue a temporary permit for a period not to exceed seven days that authorizes certain specified commercial activity upon a city street, sidewalk, municipal parking lot or other off street city property in conjunction with street fairs, parades and other community events or in other special circumstances. Requests for a permit for such temporary activity shall be made in writing to the city manager at least two weeks in advance of the desired commencement of the temporary activity. The city manager shall deny the permit if he or she finds that the proposed activity would necessarily impair the public health, safety or general welfare. If that determination is not made, the city manager shall have the authority to issue a permit upon such conditions as are considered appropriate to protect the public health, safety and general welfare, including, without limitation, insurance and holding the city harmless.
(Ord. 87-70, 1987; Ord. 21-0348 § 5)
No person upon any public street, sidewalk or parking lot in the "central business district" as defined in section
8-3-1 of this chapter, shall engage in any business or practice of directing, attempting to direct or enticing members of the public passing by and not personally known to him or her to patronize any store or restaurant nor to attend any event for which a fee is charged, nor to purchase any service or merchandise. The provisions of this section shall not apply to activities conducted by any charity, political or religious organization.
(Ord. 87-70, 1987)
A. Unsafe
or Dangerous Projections Over Street or Sidewalk Prohibited—Notice
to Remove. Every person owning, occupying or controlling any building
which has a detached or undetached encroachment that constitutes an
unsafe or dangerous condition or an obstruction to the free public
use of the public right-of-way shall cause the same to be removed
within five days after being notified so to do by the city manager
or other persons as may be designated by the city council.
B. Projections
Over Street and Sidewalk—Minimum Height. No person shall construct
an architectural encroachment or any other projection or suffer the
same to remain at a height of less than eight feet over any sidewalk
adjacent to premises owned, occupied or controlled by him or her.
C. Washing
or Cleaning on Public Ways. In any area zoned other than residential
within the city no person shall clean, wash or groom any mats, material,
produce or any other thing on or over any public right-of-way. No
person in any zone shall wash, push or blow from any private property
any material or refuse onto or over the public sidewalk, street, road
or public right-of-way.
D. Repairing
or Washing Vehicles.
1. No person
shall repair a vehicle, or install a part or accessory thereon, while
the vehicle is upon a street, public parking lot or city property.
2. No person
shall wash, clean or grease a vehicle standing upon a commercially
zoned street, including the full width of streets where only 1/2 of
the width is zoned commercially, or upon city property.
This subsection shall not prohibit the driver of a disabled
vehicle from effecting emergency repairs necessary to enable the vehicle
to proceed or to be removed from the street, parking lot or from city
property; nor shall this subsection apply to the repair, washing or
cleaning of city vehicles by city personnel upon city property.
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E. Riding on Sidewalks Downtown. In the "central business district," as defined in section
8-3-1 of this chapter, no person shall operate or ride upon a bicycle on a sidewalk or ride or propel a skateboard or human-propelled scooter on a sidewalk or a public street.
(Ord. 86-31, 1986; Ord. 86-41, 1986; Ord.
87-69, 1987)