Chapter 12.04
STREETS AND SIDEWALKS1

Sections:

Article I. In General

12.04.010    Driving on newly constructed streets and pavement prohibited when barricaded.

12.04.020    Removal, destruction, etc., of construction barriers, etc., prohibited.

12.04.030    Deposit of obstructions, construction materials, etc., on streets and sidewalks.

12.04.040    Use of vehicles on sidewalks prohibited.

12.04.050    Deposit of trash, etc., in streets prohibited.

Article II. Signs, Awnings, Etc.

12.04.060    Signs and advertisements – Prohibited on streets and sidewalks.

12.04.070    Signs and advertisements – Permit required to permanently suspend over sidewalks.

12.04.080    Signs and advertisements – Required height and fastening.

12.04.090    Permit required to construct, etc., awnings, etc., over sidewalks.

12.04.100    Height and construction requirements of awnings over sidewalks.

12.04.110    Notice of noncomplying signs, etc. – Removal.

12.04.120    Compliance with directions of street committee required.

12.04.130    Noncompliance with article deemed a nuisance.

Article I. In General

12.04.010 Driving on newly constructed streets and pavement prohibited when barricaded.

No person shall drive any vehicle upon any newly laid or constructed pavement or street within the City when the contractor or superintendent of streets has placed barriers, barricades or obstacles across each end of the newly constructed pavement or street. (Ord. 190 § 2. Code 1964 § 16-1.)

12.04.020 Removal, destruction, etc., of construction barriers, etc., prohibited.2

No person shall willfully open, tear down or otherwise destroy any barrier, barricade or obstruction which shall have been placed upon the streets of the City by any contractor doing street work or by the superintendent of streets for the purpose of preventing persons or vehicles from traveling upon any newly laid or constructed pavement or street or any street under construction. (Ord. 190 § 1. Code 1964 § 16-2.)

12.04.030 Deposit of obstructions, construction materials, etc., on streets and sidewalks.

No person shall deposit any obstacle, wood, boxes or other obstructions on any street or alley of the City for longer than eight hours or shall occupy more than two feet of space on any sidewalk by placing any boxes or goods or any other thing thereof or shall allow the same to remain after sunset, unless the same be material for the construction or repair of buildings. (Ord. 31 § 6. Code 1964 § 16-3.)

12.04.040 Use of vehicles on sidewalks prohibited.

No person shall ride or drive any wagon, cart, carriage, bicycle, motorcycle or automobile upon any sidewalk in the City except when crossing a sidewalk at a usual crossing place. (Ord. 149 § 1. Code 1964 § 16‑4.)

12.04.050 Deposit of trash, etc., in streets prohibited.3

No person shall place any rubbish, ashes, oil, garbage, papers, rags, leaves, trimmings, sweepings, junk or other waste materials upon any portion of the public streets or alleys of the City. (Ord. 341 § 1. Code 1964 § 16-5.)

Article II. Signs, Awnings, Etc.4

12.04.060 Signs and advertisements – Prohibited on streets and sidewalks.

It shall be unlawful for the owner, occupant or party in charge or control of any building, structure or premises fronting on a public street within the fire limits to place, maintain or suffer upon the street or sidewalk in front of such building or premises any sign or advertisement. (Ord. 153 § 2. Code 1964 § 16‑6.)

12.04.070 Signs and advertisements – Permit required to permanently suspend over sidewalks.

No sign or advertisement shall be placed, maintained or allowed upon the front of any building or premises which shall permanently project over any sidewalk, unless the written permission of the street committee shall have first been obtained by the owner, occupant or party in control of such building, structure or premises permitting the erection and maintenance of such sign. No person shall suspend, maintain or suffer over the street or sidewalk in front of any building or premises owned or occupied by him any sign, advertisement, banner or flag without the consent of the City Council and then only when the same shall be secured in a manner satisfactory to the street committee. (Ord. 153 § 2. Code 1964 § 16-7.)

12.04.080 Signs and advertisements – Required height and fastening.

All signs or advertisements attached to the outer wall of any building shall be securely fastened to the wall of such building for the whole length of such sign or advertisement in a manner satisfactory to the street committee, and shall be at least eight feet above the sidewalk. (Ord. 153 § 2. Code 1964 § 16-8.)

12.04.090 Permit required to construct, etc., awnings, etc., over sidewalks.

It shall be unlawful for the owner, occupant or party in charge or control of any building or structure within the fire limits of the City to place, construct, maintain or suffer any awning, porch, shed or balcony in front of such building or structure so as to extend over the sidewalk, unless plans and specifications for same are first submitted to and approved by the street committee. (Ord. 153 § 1. Code 1964 § 16-9.)

12.04.100 Height and construction requirements of awnings over sidewalks.

All drop awnings extending over the sidewalk in front of any building or structure shall be suspended or placed upon iron stays, securely fastened to such building or structure, and shall not extend beyond the outer or curb line of the sidewalk. Such awnings shall be constructed in such manner as will prevent accident or injury to pedestrians. No part of any drop awning or shade shall be suspended at a height of less than eight feet from the surface of any sidewalk, nor so constructed as to obstruct the ordinary travel and use of the street and sidewalk, and such drop awnings shall be subject to the approval of the street committee. (Ord. 153 § 1. Code 1964 § 16-10.)

12.04.110 Notice of noncomplying signs, etc. – Removal.

Any person maintaining any sign upon or above the front of or on any portion of any building or premises of which he is the owner, or occupant, or over which he has control, shall upon notice from the street committee cause such sign, advertisement, banner or flag to be placed, secured or fastened in compliance with the provisions of this chapter and in such manner as the street committee shall direct.

In case of noncompliance with the notification and directions of the street committee within 24 hours, it shall be the duty of the chief of police to cause the removal of such sign, advertisement, banner or flag as a public nuisance. (Ord. 153 § 2. Code 1964 § 16-11.)

12.04.120 Compliance with directions of street committee required.

No person shall refuse or neglect to place or fasten any sign, advertisement, banner or flag in accordance with the directions of the street committee. (Ord. 153 § 2. Code 1964 § 16-12.)

12.04.130 Noncompliance with article deemed a nuisance.

Any awning, porch, balcony, structure, sign, advertisement, banner or flag erected, placed or maintained in violation of the provisions of this article shall be deemed a public nuisance and it shall be the duty of the chief of police to abate such nuisance after notice of the City Council shall so direct. (Ord. 153 § 3. Code 1964 § 16-13.)


1

For state law as to the authority of city to prohibit and prevent encroachments upon or obstructions in sidewalks, streets, etc., see Government Code § 38775. As to creation of special gas tax street improvement fund, see HMC 3.20.010. For prohibition against pasturing livestock in public places, see HMC 6.04.180. For provisions pertaining to disposal of garbage and refuse by street department, see HMC 8.08.130. For provisions that sidewalks be kept clean, see HMC 8.08.250. As to motor vehicles and traffic, see HMC Title 10. For prohibition against obstructing view, see HMC 9.24.010. For street and highway design requirements for subdivisions, see HMC 17.04.450. For provisions pertaining to taxicab stands, see HMC 5.16.470 through 5.16.520.


2

For state law as to removing or breaking down authorized barriers in roads or highways, see Penal Code § 588b.


3

For state law as to deposit of garbage and rubbish on streets and highways, see Penal Code § 374.3. As to garbage and refuse, see Chapter 8.08 HMC.


4

For state law as to the authority of city to regulate the suspension of banners, flags, signs, etc., over sidewalks, streets, etc., see Government Code § 38774. As to building regulations generally, see Chapter 15.04 HMC.