Chapter 12.10
SIDEWALK OBSTRUCTIONS

Sections:

12.10.010    Obstructions prohibited—Removal authorized when—Exemptions.

12.10.020    Removal of obstructions required.

12.10.030    Unlawful to place certain items in the public’s way without council approval.

12.10.040    Rubbish—Prohibited on sidewalks or streets.

12.10.050    Violation—Penalty.

12.10.010 Obstructions prohibited—Removal authorized when—Exemptions.

Except as is otherwise in this section or chapter permitted, it is declared by the town council that all obstructions or structures (such as dumpster, vending machines, etc.) of any kind or character, placed, maintained or erected upon the sidewalks, curbs, gutters or parking strips of the town are unlawful and are public nuisances, and the superintendent of public works and the chief of police are authorized and directed to cause the same to be removed; provided, however, that this section shall not apply to fire hydrants, coin-operated newspaper vending boxes, public telephone booths, public benches presently maintained, publicly owned sidewalk trash containers, public transportation shelters for riders, ornamental trees in parking strips, planters or planter boxes when part of any approved public program of beautification, telephone, telegraph or electric light and power poles or natural gas service facilities placed under the terms of franchises given by the town or which are permitted under state law, street and traffic control signs and posts therefor, all of which shall not be considered as such obstructions or shall not be subject to removal hereunder; provided, further, that any person, firm or corporation using a sidewalk, curb, gutter or parking strip for said purposes shall be liable for and shall indemnify and hold harmless the town and its officers and employees, while acting as such, from any and all actions or causes of action, claims, demands, liabilities, loss, damage or expense of whatsoever kind or nature, including costs of defense of all legal actions thereunder, which may arise by reason or in consequence of said use of public property. (Ord. 485 § 1, 1987)

12.10.020 Removal of obstructions required.

All of the obstructions or structures declared to be unlawful or nuisances by Section 12.10.010 shall be removed, and hereafter it is unlawful for any person, firm or corporation to maintain, erect or place such obstructions or structures on the sidewalks, curbs, gutters or parking strips in the town. (Ord. 485 § 2, 1987)

12.10.030 Unlawful to place certain items in the public’s way without council approval.

It is unlawful for any person, firm or corporation to have, to display, to permit to exist, or to place any goods, wares or merchandise or articles or structures for holding the same, whether for purposes of sale or otherwise, on or above any sidewalk, curb, gutter or parking strip within the town unless a permit to do so shall have first been issued (and only in front of store or property owned by permittee) as provided in this chapter and unless said permit is in full force and effect. (Ord. 485 § 3, 1987)

12.10.040 Rubbish—Prohibited on sidewalks or streets.

It is unlawful for the owner, tenant or occupant of premises in the town abutting upon any street in the town or for any agent or employee of such owner, tenant or occupant, to place any grass or other rubbish upon any pavement or sidewalk in front of such premises, or to permit any grass or other rubbish to lie or remain thereon. (Ord. 485 § 4, 1987)

12.10.050 Violation—Penalty.

Any person, firm or corporation violating the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in any sum not exceeding three hundred dollars. (Ord. 485 § 5, 1987)