A. 
Notwithstanding any other provision of law, between 8:00 a.m. and 6:00 p.m. from May 1st through September 30th of each year it shall be unlawful for any person to cause or allow the placement, maintenance, or existence of any fixture or object outside of a building in the eight-foot space starting at the curb and going away from the street on:
1. 
Lincoln Street between Baranof Street and Harbor Way;
2. 
Harbor Way between Lincoln Street and Harbor Drive;
3. 
Harbor Drive between Harbor Way and Lincoln Street;
4. 
Lake Street between Lincoln Street and Oja Way;
5. 
Katlian Avenue between Lincoln Street and the right-of-way that separates Lots 4 and 6 of Block 1 of United States Survey 2542; or
6. 
Cathedral Way between Seward Street and Lincoln Street.
B. 
Violation of this section is an infraction punishable by a fine of $250.00 for each day the obstruction exists. In addition to the penalty described in the previous sentence, the city and borough is also authorized to seek an injunction against a violator who has been cited more than twice for a violation of this section.
C. 
It is a defense to prosecution under this section that the fixture or object placed or maintained is or consists of:
1. 
A transit facility, traffic control device, sign, street light, public trash receptacle, fire hydrant, bicycle rack, or other structure or object lawfully placed on a sidewalk by or on behalf of the state or the city and borough; and benches as approved by the municipal administrator;
2. 
A sign or display while in use as part of a lawfully conducted demonstration or rally; provided, that the object does not obstruct pedestrian traffic; and further provided, that it is used and displayed only during the period of time that the demonstration or rally is attended and ongoing and the attendees remove the sign or display at the conclusion of the demonstration or rally;
3. 
An item placed as part of a lawful street closure or street fair;
4. 
A sidewalk construction permit issued under applicable law;
5. 
Poles, distribution boxes, and related structures of utilities;
6. 
Postal deposit and delivery boxes;
7. 
A building encroachment or other permanent obstruction that existed prior to the effective date of the ordinance codified in this section; or
8. 
More than seven feet off the ground.
(S.G.C. 14.16.010; Ord. 04-07 § 2, 2004)