Chapter 13.12


13.12.010    Definitions.

13.12.020    Objects on sidewalks unlawful—Exception.

13.12.030    Objects permitted upon sidewalk areas.

13.12.040    Special conditions.

13.12.050    Appeal.

13.12.010 Definitions.

A.    “Sidewalk area” means that space on the public right-of-way set aside as the walking area for pedestrian traffic as shown and established on the records of the city engineer as a sidewalk, and where the city engineer’s records have not established such walking area, then “sidewalk area” shall be that space within the public right-of-way which is actually used as the walking area for pedestrian as distinguished from vehicular traffic.

B.    “Objects” means any tangible article, and without limiting the generality thereof shall include produce, goods, wares, merchandise, signs, racks or any other article whatever.

C.    “Ornamental objects” means those receptacles or containers which tend to beautify the public right-of-way or city streets or sidewalks as may be approved by the city council. (Prior code § 13.12.010)

13.12.020 Objects on sidewalks unlawful—Exception.

It is unlawful for any person, persons, corporations or other entities to cause to be placed upon any sidewalk area in the city or to permit to be placed upon or to occupy any sidewalk area within the city any object of any sort or any article whatsoever except certain objects approved by the director of public works or his designee. This chapter does not regulate the placement of newspaper stands. (Ord. 1501-88 § 1, 1988; prior code § 13.12.020)

13.12.030 Objects permitted upon sidewalk areas.

With the consent of the director of public works or his designee, upon application being made to the public works department, the following objects may be placed upon the sidewalk areas in the city as long as it is done in accordance with all city ordinances and regulations adopted by the director of public works or his designee, to wit:

A.    Containers for Shrubs or Trees. Receptacles or containers for shrubs or trees which tend to beautify the city;

B.    Trash Containers. Containers or receptacles provided for the deposit of trash or other refuse matter;

C.    Telephone Booths. Telephone booths installed under the direction of the telephone company authorized to do business in the city;

D.    Display Merchandise. Display of merchandise in connection with a special occasion or merchant promotional activity, provided such exception shall not be granted by the city council for a period in excess of fourteen days;

E.    Temporary/seasonal seating for restaurants;

F.    Mobile food unit carts licensed by the city provided the owner of the adjacent property approves. (Ord. 1703-90 § 1, 1990; Ord. 1501-88 § 2, 1988; prior code § 13.12.030)

13.12.040 Special conditions.

The director of public works or his designee in his discretion, in order to protect the public health, safety and welfare, may require a person placing a permitted object upon the sidewalk area to file with the city clerk an agreement approved by the city attorney indemnifying and saving harmless the city from all responsibility for injury or damage to any person or thing as a result of such object(s) being placed upon the sidewalk area and may further require a bond and/or insurance conditioned that the individual so placing such permitted object upon the sidewalk area will indemnify the city from injury(s) and/or damage(s) as a result of such object being placed on the sidewalk area. (Ord. 1501-88 § 3, 1988; prior code § 13.12.040)

13.12.050 Appeal.

Any person whose application for a permit for placing objects upon sidewalks is denied or any person who feels aggrieved by the city in the granting or denying of a permit shall be entitled to appeal to the city’s land use hearing examiner. The appeal must be in writing and comply with the procedures adopted by the hearing examiner. Such appeal must be filed with the hearing examiner within ten calendar days of the date of notification of the denial or grant. The decision of the hearing examiner is final. (Ord. 1501-88 § 4, 1988)