Chapter 12.36
OBSTRUCTION OF STREETS AND SIDEWALKS

Sections:

12.36.010  Prohibition of obstruction.

12.36.020  Exceptions.

12.36.030  Removal.

12.36.040  Penalty.

12.36.010 Prohibition of obstruction.

It shall be unlawful to obstruct or cause to be obstructed any part of, or any part of the public use of, any public street, highway, avenue, sidewalk, space between sidewalk and street, crosswalk, wharf or bridge (collectively, the public ways). Obstructions shall include but not be limited to any person, object, article, structure, vehicle or animal sitting, standing or otherwise physically remaining on or in the path of the public ways, without necessity, which act or acts impede or impair the passage of the public or of any person, vehicle or animal lawfully passing over, on or along said ways. (Ord. 04-09  1, 2004)

12.36.020 Exceptions.

This chapter shall not apply to any obstruction which is otherwise authorized or permitted by the terms of any franchise, ordinance, law or permit, and shall not apply where its application will result in an interference with or inhibition of any exercise of constitutionally protected rights of freedom of speech or assembly. (Ord. 04-09  1, 2004)

12.36.030 Removal.

A. Any employee of the city of Hughson may remove any obstruction when found, and may return it to the owner or person in control thereof, or may place it on the real property owned or controlled by the owner of the obstruction, or the person in control of the obstruction, or may deliver it to the custody of the police department of the city of Hughson.

B. In the event such obstruction is delivered to the police department, the police department shall notify the owner, if his or her identity is reasonably ascertainable, that it is in possession of the property and where it may be claimed. The city of Hughson may require payment by the owner of a reasonable charge to defray costs of storage and care for property.

C. The police department shall turn custody of property unclaimed after the expiration of three months over to the finance director of the city of Hughson.

D. The finance director shall thereafter sell such unclaimed property at a public auction.

E. Notice of such sale shall be given by the finance director at least five days before the date of the sale by publication one time in a newspaper of general circulation.

F. Any property remaining unsold after being offered at such public auction may be destroyed or otherwise disposed of by the finance director. (Ord. 04-09  1, 2004)

12.36.040 Penalty.

A violation of HMC 12.36.010 is an infraction. (Ord. 04-09  1, 2004)