Chapter 12.16
OBSTRUCTIONS AND ENCROACHMENTS

Sections:

12.16.010    Obstructing streets and sidewalks.

12.16.020    Awnings, marquees and canopies.

12.16.030    Lights and barriers around obstructions.

12.16.040    Erection of signs over sidewalks.

12.16.010 Obstructing streets and sidewalks.

No person shall place or cause to be placed upon any street or sidewalk, and no person owning, occupying or having the control of any premises, shall suffer to remain upon a street or sidewalk in front thereof, any boxes, bales, barrels, wood, lumber, goods, wares, newsracks and merchandise or any other thing obstructing the free use and passage of such street or sidewalk, excepting that the city manager may grant encroachment permits for newsracks pursuant to Chapter 12.20 and the city council may grant permits allowing the placing of permanent tree, shrub and flower planters, permanent flag display devices for United States flags, and portable shoeshine stands if permitted by the zoning ordinance on sidewalks upon such terms and conditions as the city council may determine and may by motion waive the provisions hereof as to temporary merchandise displays for business area sales promotion events. (Prior code § 13.7)

12.16.020 Awnings, marquees and canopies.

A.    No marquee, canopy, awning or similar fixture shall be installed, rebuilt or altered that encroaches upon the public sidewalk area within the area measured horizontally from the face of the established curb to a point two feet at right angles thereto. The lower edge of such marquee, canopy, awning or other fixture shall not be less than seven and one-half feet above the sidewalk immediately below.

B.    The city council may, in its discretion, grant a permit allowing the placement of posts, columns or other supporting structures for awnings, marquees or canopies to be erected or constructed upon the public sidewalk area incidental to the restoration, reconstruction, replacement or remodeling of historic buildings or structures; provided, that the city council finds that such encroachment does not interfere with the safe and convenient use by the public of the public sidewalks nor adversely affect the use and enjoyment of adjacent properties. No such encroaching structures shall be located closer than two feet distant from the face of the established curb. An application shall be filed for the encroachment permit setting forth the precise plans and specifications for the encroachment and all facts justifying the granting of the permit, and an application fee of twenty-five dollars ($25.00) shall be paid. The application shall be heard by the city council at its next regularly scheduled meeting following the filing thereof. (Prior code § 13.9)

12.16.030 Lights and barriers around obstructions.

Any person by whom, or under whose immediate direction, or by whose immediate authority, as principal, contractor or employer, any portion of a public street, alley, sidewalk, public park or place may be made dangerous shall:

A.    Erect, and so long as the danger may continue, maintain around the portions thereof so made dangerous, a good and sufficient barrier;

B.    Cause to be maintained during every night, from sunset to daylight, lighted lanterns at each end of the place so made dangerous and also at intervals of not more than one hundred (100) feet along its length, and at every side of a street crossing so made dangerous. (Prior code § 13.10)

12.16.040 Erection of signs over sidewalks.

A.    Generally. No sign or advertisement shall be hung, erected or extended over any sidewalk in the city without first obtaining the approval of the city council. Any person erecting or extending any sign or advertisement contrary to the provisions of this section shall be guilty of an infraction, and it shall be the duty of the superintendent of streets to take down such sign.

B.    Signs to be Securely Fastened—Removal by Superintendent of Streets. Signs or advertising hung, erected or extending over any sidewalk in the city shall be securely fastened in a manner satisfactory to the superintendent of streets. If the superintendent of streets shall at any time become dissatisfied with the way any sign or advertising is hung, erected or extended, he or she may require the same to be made satisfactory to him or her, or the sign or advertising be taken down. (Prior code §§ 13.23, 13.24)