Delano Municipal Code Ch. 12.16 Street Obstructions

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State Law reference— For statutory provisions authorizing cities to regulate and prohibit encroachments and obstructions to streets, sidewalks, etc., see Gov. Code §38775.

It is unlawful for any person, firm or corporation to place or cause to be placed, keep or cause to be kept, on or upon any public sidewalk within the city any article of merchandise, fruit, vegetables, groceries, boxes, cases, showcases, stands, display stands or racks, tables, news or magazine stands or racks, vending machines, scales or weighing devices, billboards or advertising devices, bootblack or shoe shining stands, brick, lumber or anything which will prevent the free use of the entire sidewalk by pedestrians; provided, that this section shall not be construed to prohibit the loading or unloading of merchandise or other articles on the sidewalk, in the usual course of business when the same is to be immediately removed within the period of one hour after such loading or unloading; and provided further, that temporary use of such sidewalks may be permitted for storage of building materials when necessary during the construction, alteration or repair of adjoining buildings as provided by Ordinance No 145, [5] provided, however, that the city council may waive the provisions of this section whenever the council determines such waiver is in the interests of public necessity and convenience.

(Ord. 340, 1958; Ord. 162 §§1, 1a, 1939).

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Editor's note— Ordinance 145 which adopts the 1937 Edition of the Uniform Building Code was repealed by Ords. 349 and 601.

Any person, firm or corporation who violates any of the provisions of Section 12.16.010 is guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Chapter 1.16.

(Ord. 162 §4, 1939).

Any person, firm, association, partnership or corporation who desires temporary occupancy of public property for the purpose of storing or depositing materials or appliances of any kind shall post a cash bond with the city plus one dollar inspection fee, subject to the approval of the city engineer. The cash bond shall be twenty-five dollars for every twenty-five lineal feet of frontage or fraction thereof as a guarantee to the city that the permittee will remove or cause to be removed all debris which has accumulated incidental to the work, and that the permittee will repair and make good any and all damage to the public property which may have been caused by the storage or deposit.

(Ord. 224 §7 (part), 1946).

The posting of the bond shall carry the right to temporary occupation of not more than one-third the width of the street and not more than one-half the width of the sidewalk; but no material or appliance of any kind shall be deposited in any manner so as to obstruct the free flow of water down any gutter.

(Ord. 224 §7 (part), 1946).

During the time that the obstruction exists, the permittee shall take sufficient precautions to protect the public from any harm in consequence thereof by the proper use of barricades and lights, as required.

(Ord. 244 §7 (part), 1946).

Barricades must be placed at every point of danger and lights maintained at each end and side and in no case less than twenty-five feet apart, during the hours between dusk and sunrise.

(Ord. 224 §7 (part), 1946).

Upon failure or neglect of the permittee to fulfill the conditions under which the permit is issued, the money so deposited as a guarantee, or as much thereof as may be necessary, shall be used by the city to comply with the conditions.

(Ord. 224 §7 (part), 1946).

It is unlawful for any person other than the permit holder, an employee of the permit holder or an authorized employee of the city to remove, interfere with or go behind any barricade or light erected for public protection.

(Ord. 224 §8, 1946).