(a)
Obstructions generally.
(1)
It shall be unlawful for any person, acting either for himself or as the agent or employee of another, to obstruct any sidewalk, alley, street or highway of the city in any manner, by means of any fence, by tying any animal of any kind thereon or across the same, by placing or leaving any vehicle or machine or any animate or inanimate object thereon which is sufficient to interfere with the travel of pedestrians or vehicles, or by congregating or causing others to congregate thereon in such manner as to prevent free passage along and upon same or any part thereof.
(b)
Use of public way in the central business district.
(1) Central business district. Merchandise. Potted plants and benches. Public way. Sign. Special event. Unobstructed pedestrian area.
Definitions.
For the purposes of this section, the following terms, words, phrases and the derivations thereof shall have the meaning given herein.
See section 14.03.009(b)(1) of this code for central business district area boundaries.
Any tangible or intangible property offered for display or sale and shall include but not be limited to goods, wares, tickets, publications, services or examples of goods or wares, or likenesses of items offered for sale within the adjoining businesses. The term does not include the sale of food and beverages.
Potted plants and benches placed for public convenience and decoration and shall not contain advertising or represent an example of merchandise for sale within the district.
All sidewalk areas held or controlled by the city or other public entity legally open to public use.
Any advertising signs for the tenants or property owners of the building immediately adjacent to the public way.
Any occasion including but not limited to fairs, shows, exhibitions, citywide celebrations, festivals, and the like within a specifically defined area of the city for a time period not to exceed the period of the event.
An area that is at least 36 inches in width between the curb and the property line that is completely unobstructed, even with posts, and must include the sidewalk area.
(2)
It shall be unlawful for any person to place or deposit any merchandise, food, signs, potted plants, benches, tables, or chairs within the unobstructed pedestrian area of the public way in the central business district.
(3)
No merchandise may be sold from the public way unless allowed through a special event.
(4)
Any tables or chairs placed in the public right-of-way shall be of sturdy, non-rusty and non-splintering construction and appropriate in color and style to the area in which they are placed.
(5)
All potted plants and benches in the public way may be anchored so as to deter theft or vandalism, but must remain removable with minimal damage, which is easily repairable, to the sidewalk. Pots must be planted, and all plants must be non-hazardous, trimmed and maintained.
(6)
Awning and balcony supports may be permitted within the sidewalk subject to approval by the director of engineering.
(7)
It is a defense to prosecution under this article to the application of the foregoing prohibitions if a person:
(c)
Erection of poles, pedestals, columns or other structures.
The erection of poles, pedestals, columns, piers or other structures for any purpose on any street, alley, sidewalk or parkway in the city is hereby prohibited; provided, however, that telephone, communication, power and light companies shall have the right to erect poles for the support of their wires, cables, etc., in such sections of the city as may be covered by their franchises.
(d)
Deposit of gravel or hard granular substance on paved street.
(1)
It shall be unlawful for any person by any means whatsoever place, drop, leave or cause to remain upon any paved street within the city any gravel or hard granular substance of any kind.
(2)
The provisions of this subsection shall not apply to or prevent depositing or placing temporarily upon paved streets quantities of material for use in the construction of improvements upon public or private property contiguous thereto.
(e)
Mixing or placing mortar, concrete, etc., on paved street.
No person shall mix, place or permit to be mixed or placed upon any paved street within the city any mortar, concrete or similar substance.
(f)
Gates swinging over street or sidewalk.
It shall be unlawful for any person to permit a gate, on premises owned, occupied or controlled, to swing over the public right-of-way or any part of a sidewalk or street in this city.
(g)
Signs or advertisements on sidewalks.
It shall be unlawful for any person to write, stencil, paint or paste any sign or advertisement on any sidewalk in this city.
(h)
Signs over sidewalks.
It shall be unlawful for any person to hang, place, locate or maintain any sign over, upon or across any sidewalk within the city, except where otherwise permitted in this code.
(i)
Banners over streets.
Signs written on canvas or other cloth material may be placed so as to extend over, along or across any street in the city, provided that no such sign shall be placed without first obtaining permission from the city manager, and such permission shall not extend over a period of more than seven (7) days.
(j)
Clearance of tree limbs extending over streets and sidewalks.
It shall be the duty of the owner or occupant of any lot or parcel of ground within the limits of the city in front of and adjacent to which any trees are growing, so as to extend the limbs over the sidewalk and street, to keep the same trimmed up in such a manner as the limbs and branches of the same overhanging the sidewalk shall be at least seven (7) feet above such sidewalk and the limbs and branches of such trees shall be at least fourteen (14) feet above the level of the street.
(k)
Trees, shrubs or other vegetation obstructing streets and alleys.
It shall be unlawful for any person, whether owner, occupant or tenant, to permit the growth and extension of trees, shrubs or other vegetation into or along any public streets, alleys or thoroughfares that would prevent free and unobstructed passage of any person or vehicle along or through such public streets, alleys and thoroughfares.
(l)
Plantings in parkway.
(1)
No tree, shrub or other type of vegetation, except lawn grass, may be planted in any parkway existing between an established curbline and property line in the city.
(2)
"Parkway," for the purposes of this section, is defined as that property existing between an established curbline and the property line of the city.
(3)
Any condition in violation of this section is declared a nuisance and injurious to the health, safety and comfort of the citizens of the city.
(Ordinance 6691 adopted 2/5/2024)