Chapter 11.28

11.28.010    Obstructions on public ways.

11.28.020    Removal of obstructions—Notification of owner—Time limitation.

11.28.030    Removal by chief of police—Public auction.

11.28.040    Business stands or other obstructions unlawful without permit.

11.28.050    Violations and penalties.

11.28.010 Obstructions on public ways.

No person shall place or cause to be placed anywhere upon any public way, street or sidewalk; and no person owning, occupying or having control of any premises, shall suffer to remain in front thereof, upon the sidewalk, or the half of the street or way next to such premises, anything which shall obstruct the free passage of the street or sidewalk for more than one hour at a time. This section does not apply to the following:

(1)    Goods or merchandise in actual course of receipt delivery or removal;

(2)    Goods or merchandise within the inner three feet in width of the sidewalk facing on a street, or the inner two feet of a sidewalk facing on any alley, placed for the purpose of display and advertisement; provided, that during what is known as the "holiday season" the mayor may grant written permission for the display of goods, without the above specified limits;

(3)    Ornamental trees planted along the outer line of the sidewalk and within the curb, and barriers for the protection of the same;

(4)    Materials being used in the construction or repair of any building, if the material does not occupy more than one-third of the whole width of the street in front of the building; provided, that in case materials are being used in the construction or repair of any building, not less than three feet of the sidewalk shall be left clear and free from obstruction; or a sidewalk or temporary walk, not less than three feet wide, shall be built around or over any materials left in the street or sidewalk by builders or their employees or agent, in the construction of all buildings, the sidewalk or passageway is to be free from obstructions and safe for foot travel and satisfactory to the chief of police. (Ord. 969 § 2 (part), 1982).

11.28.020 Removal of obstructions—Notification of owner—Time limitation.

It shall be the duty of the chief of police or any policeman when he may find that any obstruction exists as mentioned in this chapter, to discover the owner of the obstruction and notify him to remove the same within six hours from the time of the notice being given. (Ord. 969 § 2 (part), 1982).

11.28.030 Removal by chief of police—Public auction.

When no owner can be found for property obstructing any of the streets, alleys, sidewalks, levees, squares or other public places in this city, the chief of police shall take charge of and remove the same to some proper place and shall sell the same at public auction, after five days’ notice thereof in some newspaper published in this city; provided, that the same is not previously claimed by the owner or his agent and the cost of the removal of such obstruction paid to the chief of police, and the proceeds of the sale, or so much thereof as may be required, shall be appropriated to pay all expenses of the care, removal and sale of the property, the balance, if any, to be deposited in the city treasury for the benefit of the party in interest, if properly claimed in sixty days from the time of sale. If not claimed within such period of time, the amount shall be turned into and become part of the general fund of the city. (Ord. 969 § 2 (part), 1982).

11.28.040 Business stands or other obstructions unlawful without permit.

No person shall place, erect or maintain any business stand or other obstruction on any portion of any street or sidewalk of this city, without first having obtained permission therefor from the council. (Ord. 969 § 2 (part), 1982).

11.28.050 Violations and penalties.

Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction, punishable by a fine of one hundred dollars. (Ord. 1160 § 31, 1993).