Chapter 12.04
OBSTRUCTION OR ALTERATION OF STREETS, ROAD RIGHTS-OF-WAY, SIDEWALKS OR CITY PROPERTY
Sections:
12.04.010 Permit required – Exception.
12.04.020 Unlawful to obstruct.
12.04.030 Wires and banners over streets – Approval required.
12.04.040 Deposit of snow or ice prohibited.
12.04.050 Obstruction of drainage systems prohibited.
12.04.110 Violations and penalties.
12.04.120 Abatement – Notices – Costs – Fines.
12.04.010 Permit required – Exception.
It is unlawful for any person to conduct a parade or event, remove, alter, damage or obstruct the free use of or to cause the removal, alteration, damage or obstruction of any City-owned property, public sidewalk, street, or road right-of-way in the City without first having obtained a written permit to do so; provided, temporary obstruction for the purpose of loading or unloading merchandise or other delivery vehicles shall not be deemed a violation of this section. It is further provided, that a bond with good and sufficient sureties may be demanded of any person who has been granted such a permit. (Ord. 18-17 § 2, 2018; Ord. 16-13 § 2, 2016; Ord. 15-27 § 2, 2016; Ord. 09-05 § 2, 2009. Code 1962 § 16-1)
12.04.020 Unlawful to obstruct.
It is unlawful for any person to place any goods, wares or merchandise or any signs, advertising matter or thing, instrument or machinery or erect, maintain or cause to be erected any posts or poles, structure, building, facility or anything causing an obstruction of or encroachment on the sidewalk, streets, road rights-of-way, or City property or interfering with the free use thereof, by the side of, over or upon the sidewalk, public streets, road rights-of-way, or property of the City. (Ord. 18-17 § 2, 2018; Ord. 15-27 § 2, 2016; Ord. 09-05 § 2, 2009. Code 1962 § 16-2)
12.04.030 Wires and banners over streets – Approval required.
It is unlawful for any person to place, erect or install, or cause to be placed, erected or installed, any wire, rope, sign, platform or any other thing or substance over any public sidewalk, street, road right-of-way, or property of the City, without first having obtained a permit so to do, after inspection by the appropriate City officer and determination that such erection will not endanger public health and safety. (Ord. 18-17 § 2, 2018; Ord. 15-27 § 2, 2016; Ord. 09-05 § 2, 2009. Code 1962 § 16-3)
12.04.040 Deposit of snow or ice prohibited.
It is unlawful for any person to push, pile or place any snow or ice upon the streets, road rights-of-way, sidewalks, alleys, or property of the City. (Ord. 18-17 § 2, 2018; Ord. 15-27 § 2, 2016; Ord. 09-05 § 2, 2009. Code 1962 § 16-4)
12.04.050 Obstruction of drainage systems prohibited.
It is unlawful to push, pile or place brush, lawn clippings, debris, dirt, gravel or any material into any ditch paralleling City streets that may cause obstruction of the street drainage system. (Also see Chapter 24.24 of the building code.) (Ord. 18-17 § 2, 2018; Ord. 15-27 § 2, 2016; Ord. 09-05 § 2, 2009; Ord. 99-22 § 2, 1999)
12.04.100 Enforcement.
A. The City Mayor, Police Chief or designated representatives are authorized to enforce the provisions of this chapter.
B. Any person may file a complaint under this chapter with the Mayor or Police Chief and request enforcement of the alleged violation. (Ord. 18-17 § 2, 2018)
12.04.110 Violations and penalties.
A. A person who violates any provision of this chapter shall be guilty of a minor offense, punishable by the fine listed in the fine schedule in NPMC 1.20.030 or if no fine is listed in the fine schedule then by a fine not to exceed $300 (three hundred dollars).
B. Each day the violation continues constitutes a new violation.
C. Fines for violations are separate from and in addition to all other remedies authorized by law or equity. (Ord. 18-17 § 2, 2018)
12.04.120 Abatement – Notices – Costs – Fines.
A. The City may file a civil action in Superior Court to abate an obstruction or encroachments and all costs and expenses of such abatement, removal, remediation or other remedy and full actual attorney fees and costs incurred by the City in any legal proceeding to abate the obstruction or encroachment shall be paid by the persons committing, creating, keeping, maintaining or causing such obstruction or encroachment. (Ord. 18-17 § 2, 2018)