Chapter 10.08
INTERFERENCE WITH USE OF SIDEWALKS

Sections:

10.08.010    Obstructing Sidewalk.

10.08.020    Molesting Pedestrians.

10.08.030    Use of Streets and Sidewalks for Commercial Purposes.

10.08.040    Shining of Lights into Dwelling Units.

10.08.010 Obstructing Sidewalk.

No person shall loiter, stand or sit in or upon any public sidewalk or public walkway area except the one-half of the sidewalk or walkway nearest the adjoining property line. This section does not prohibit sitting on the seat of a bench placed upon a sidewalk with the approval of the City or standing on the sidewalk at a bus stop for the purpose of boarding a bus. (Ord. 1021 (part), 1962: 1949 Code § 4241)

10.08.020 Molesting Pedestrians.

No person shall wilfully, intentionally or maliciously molest, annoy, obstruct or hinder any other person passing along any public sidewalk or public walkway area. (Ord. 957 (part), 1961: 1949 Code § 4242)

10.08.030 Use of Streets and Sidewalks for Commercial Purposes.

A.    Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose.

B.    Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases:

1.    For the transmission of water, sewer, gas, electricity, television, radio signals or similar substances or activity pursuant to franchise granted by the City Council in accordance with the City Charter, City Ordinance or State Law;

2.    For displaying newspapers and periodicals for sale subject to compliance with the provisions of Chapter 5.70 of this Code;

3.    For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code;

4.    For the temporary display and sale of goods and/or merchandise by an association of businesses adjoining any street or sidewalk provided a permit is issued pursuant to Chapter 12.62 of this Code and the sale is consistent with Council Policy;

5.    For the temporary sale or display of goods or merchandise in conjunction with a special event for which a permit has been issued by the City Manager or designee pursuant to Chapter 11.03 of this Code and the City Council has approved a resolution of street closure pursuant to authorization granted by the California Vehicle Code;

6.    For the conduct of special celebrations, sporting events or similar activities involving a nonprofit corporation, nonprofit association, community organization or similar entity provided a permit is issued by the City Manager or designee pursuant to Chapter 11.03 of this Code, the City Council has adopted a street closure resolution pursuant to the authority granted by the California Vehicle Code and, the event, celebration or activity is consistent with Council Policy;

7.    For sidewalk dining subject to the provisions of Chapter 13.18 of this Code;

8.    For sidewalk vendors in compliance with Chapter 5.97, or any successor chapter.

C.    Sales, events, celebrations or other activities authorized by this section shall be conducted in strict compliance with the following:

1.    In no event shall any street or sidewalk closure prohibit members of the general public from accessing any business or residence;

2.    The commercial activity authorized by subsection (B)(4) of this section shall be permitted no more than twice per calendar year;

3.    The commercial activity authorized in subsection (B)(4) and (B)(5) of this section shall not be permitted in any residential zoning district;

4.    Sales or events requiring street closures shall be limited to seven days or less;

5.    The event sponsor may charge members of the general public for access to the event or celebration, but the sponsor shall utilize a procedure which allows members of the general public, without fee or charge, to access any property or structure within the area impacted by the closure;

6.    The sponsor of the event shall provide, at the sponsors sole cost and expense, all security personnel and traffic control equipment required by the City Manager or designee;

7.    The sponsor of the celebration or event shall provide proof of liability insurance adequate to protect the City with the City designated as an additional insured.

D.    The sponsor of any event, sale or celebration authorized by this section shall comply with all conditions imposed by the City Council, City Manager or designee pursuant to resolution or permit. (Ord. 2018-19 § 5, 2018; Ord. 96-9 § 2, 1996; Ord. 94-37 § 1, 1994: Ord. 1335 § 1, 1970)

10.08.040 Shining of Lights into Dwelling Units.

No person shall use any public street, sidewalk, alley, parkway, waterway, or property for the purpose of intentionally shining any flood light, search light, flashlight, or other lighting device into a dwelling unit with the intent to harass or annoy the residents thereof. This section shall not prohibit a Police Officer from shining a flashlight into a dwelling unit when necessary in the course of his employment. (Ord. 93-16, 1993)