Chapter 12.04
OBSTRUCTIONS

Sections:

12.04.010    Regulation by city council.

12.04.020    Permit required.

12.04.030    Violation – Penalty.

12.04.040    Permits.

12.04.010 Regulation by city council.

It is the policy of the city council to regulate and control the streets, alleys, sidewalks and all public places within the corporate limits of the city to keep the same clear from all use, occupation or construction by any persons, company or corporation, except where the city council determines that any obstruction or use of the street, alley, sidewalk or public place is not a public nuisance or will not interfere with the public in their proper and legal enjoyment and use of the same and authorizes such use. (Ord. 1003 § 1, 2004; Ord. 77 § 1, 1939).

12.04.020 Permit required.

No person, firm, corporation or company shall obstruct or use any public street, alley, sidewalk or public place for any private use without first obtaining permission from the city council or a permit from the city as provided in this chapter under such terms and conditions as the city council shall establish for the use, obstruction or occupation of the same for any private use. (Ord. 1003 § 1, 2004; Ord. 77 § 2, 1939).

12.04.030 Violation – Penalty.

In the event that any person, firm, corporation or company attempts to use any street, alley, sidewalk or public place for any private use without obtaining permission from the city council or a permit from the city as provided in this chapter, the police chief or other person designated by the mayor shall give to such person, firm, corporation, or company, notice to remove the same or cease to make such private use of same; and, in the event that the person, firm, corporation, or company fails to remove any obstruction or desist from use for private purposes, the police chief or other person designated by the mayor shall enforce the violation of this chapter as a civil infraction and subject the offender up to the maximum civil penalty provided in Chapter 1.08 SLMC. (Ord. 1003 § 1, 2004; Ord. 532 § 2, 1978; Ord. 77 § 3, 1939).

12.04.040 Permits.

The city clerk may issue permits to merchants operating businesses allowing the partial obstruction of a portion of the city sidewalk in commercial zones upon conformance with the standards set forth in this section. All other obstructions of a city sidewalk shall require permission of the city council.

A. A permit may be obtained for one year at the time of first obtaining or renewing of a business license.

B. If a festival permit has been issued for an event, as provided elsewhere in this code, then such festival permit shall be deemed to include the permission for the business operators in the commercial zones of the city where such festival is to be conducted to make displays in compliance with this chapter under the auspices of such festival permit.

C. All permissions granted pursuant to this section are subject to the following rules and conditions:

1. No more than one sign, a maximum of four feet high, may be placed upon the sidewalk.

2. All merchandise or displays placed upon the sidewalk shall be at least 40 inches behind the back edge of the curb and shall further be arranged to ensure an unobstructed path at least 40 inches wide continuously across the length of the merchant’s building allowing for passage of a wheelchair around posts, streetlights, fire hydrants and other obstructions affixed to the sidewalk or to the ground beneath the sidewalk. Additionally, there shall be a path of at least 40 inches in width from all entrances to the merchant’s building to the clear path at the back of the curb in front of such entrances.

D. Failure to comply with the rules and conditions of this section after notification, orally or in writing, from the chief of police or any other person designated by the mayor to enforce the provisions of this chapter, shall result in an immediate revocation of the permission granted pursuant to this section until such time as the violation is corrected. A failure to correct the condition within a period of time specified by the enforcing authority shall constitute a violation of this chapter and shall subject the violator to the penalty provisions of this chapter. (Ord. 1003 § 2, 2004).