Commerce Municipal Code Ch. 12.16 Obstructions

Footnotes:

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3. For statutory provisions authorizing cities to prohibit and prevent encroachments upon or obstructions in or to any sidewalks, streets or alleys, and for the abatement thereof, see Gov. C.A., Section 38775.

As used in this chapter, "parkway" means that area of public street or highway from the curb line to the private property line, and includes the area developed for sidewalk purposes. The provisions of this chapter shall also apply to streets and highways not fully developed, in which case the parkway shall be defined as the area between the edge of the existing pavement and the private property line.

(Ord. 56 §1 (part), 1962: prior code §7300).

No sign, advertising display, merchandise or other object shall be placed in a parkway for a period longer than fifteen minutes. This prohibition shall be in effect regardless of the district or zone in which the area is located.

(Ord. 56 §1 (part), 1962: prior code §7301).

A person shall not leave or permit to remain on any public highway, alley, sidewalk, crosswalk or other public way open for pedestrian travel any merchandise, baggage, or any article of personal property. This section shall not apply to structures, racks or cases which comply with the requirements of Section 5.16.030.

(Ord. 311 §1, 1982).

The following exceptions to the prohibitions of Section 12.16.020 are permitted:

(1) Directions, warning or informational signs required or authorized by law or officials of the city, county or state.

(2) Official notices issued by any court or governmental agency or officer.

(3) Street name signs installed or authorized to be installed by the city.

(4) Signs, merchandise or other objects authorized to be placed in the parkway on a temporary basis under the provisions of Section 12.16.040. Such signs, merchandise and other objects shall be permissible only for that period specified in the temporary permit.

(Ord. 56 §1 (part), 1962: prior code §7302).

In order to prevent undue hardship, the city administrator is hereby authorized to issue a temporary permit for the placing of signs, merchandise or other objects in a parkway, provided that the applicant for such permit shall show that the following conditions prevail:

(1) The temporary permit is necessary in the public interest;

(2) The denial of the permit would cause undue hardship;

(3) The permit is necessary for a limited time only.

The city administrator may place on the permit those conditions deemed necessary in the public interest. A temporary permit may be issued for a period not longer than thirty days. At the expiration of the temporary permit, all signs, merchandise or other objects shall be removed by the applicant. The applicant shall have the right to appeal, in writing, the action of the city administrator to the city council. The city council shall have the right to deny or issue the permit and, if a permit is issued, to impose such restrictions or conditions as it may see fit. The decision of the city council shall be final.

(Ord. 56 §1 (part), 1962: prior code §7303).

It is unlawful to construct or maintain any gate in any fence in such manner that the gate may be opened outward over any portion of any public highway open for either pedestrians or vehicular traffic.

It is unlawful to cause or permit any gate in any fence to be or remain opened outward over any portion of any public highway open for either pedestrian or vehicular traffic.

(Prior code §4210).

It is unlawful for any person, firm, or corporation, to deposit, drain, wash, allow to run or divert into or upon any public road, highway, street or alley, drainage ditch, storm drain, or flood control channel owned by or controlled by a public agency within the city, any water, mud, sand, oil or petroleum, except that, upon written application of any person filed with the city clerk for presentation to the city council, the city council may, upon such terms and conditions as it may deem advisable to impose, including the charging of a fee therefor, grant a permit to the person to do any of the acts prohibited by this section, provided the same shall not be detrimental to the public health, safety, morals or welfare.

(Prior code §4231).