Modesto Municipal Code Ch. 5 Regulation of Streets and Sidewalks

It shall be unlawful and a misdemeanor to obstruct any public street or alley within the corporate limits of the City, by placing or allowing to remain in any such street or alley anything of a large or bulky nature which may obstruct the free passage through such street or alley.

(Ord. 25-N.S., § 1)

It shall be unlawful and punishable as an infraction to allow to stand or remain in any such street, any can, bucket, barrel or other receptacle used for holding swill or garbage, except within twenty-four (24) hours prior to and following service day.

(Ord. 25-N.S., § 2, amended by Ord. 2604-C.S., § 2, effective 1-27-88)

(Amended by Ord. 3534-C.S., § 1, effective 10-7-10)

The provisions of Section 4-5.01 herein, shall not apply to cases where lumber or other building material or building appliances are placed in such street or alley for the purpose of erecting, altering or repairing any building or structure located upon adjoining property; provided, however, that in such cases material or appliances shall be so placed as to offer the least possible obstruction to the free passage of such street or alley; and provided further, that any such material or appliances shall be placed or stored as directed by the Public Works Director of the City.

(Ord. 25-N.S., § 3, amended by Ord. 3128-C.S., § 5, and Ord. 3364-C.S., § 4, effective 12-9-04)

It shall be unlawful for any person to throw, deposit or place on the surface of any public street or alley within the City any glass or other sharp substances.

(Ord. 25-N.S., § 5)

Whenever it becomes necessary for any reason, temporarily to place, or cause to be placed, upon any street or sidewalk in the City, any obstruction whatever, which obstructs the use of said street or sidewalk, or when it becomes necessary to make any excavation in any street or sidewalk, the person placing such obstruction, or making such excavation, or causing the same to be made in or upon such street or sidewalk in the City, shall, during the time such obstruction exists, maintain at such obstruction, such safeguards as may be ordered by the Public Works Director of the City, and said person shall, during the time such obstruction exists, cause to be maintained one (1) or more lighted lanterns showing a red light, hung on each side of said obstruction so as to indicate the location of same, and to give warning to the existence of said obstruction. Said light must be placed and maintained from the hour of 5:30 p.m. to 6:30 a.m. of each day during the months of November, December, January and February, and during the months of March, April, May, June, July, August, September and October from the hour of 6:30 p.m. to 5:30 a.m. of the following day.

(Ord. 51-N.S., § 1, amended by Ord. 3128-C.S., § 5, and Ord. 3364-C.S., § 4, effective 12-9-04)

The Public Works Director of the City shall have the authority place to, and it is hereby made his/her duty to see that sufficient lights are placed at any obstruction.

(Ord. 51-N.S., § 2, amended by Ord. 3128-C.S., § 5, and Ord. 3364-C.S., § 4, effective 12-9-04)

(Ord. 85-N.S., § 1, repealed by Ord. 3024-C.S., § 2, effective 2-27-97)

It shall be unlawful and punishable as an infraction for any person owning or occupying any premises fronting on a public street to place any goods, wares or merchandise, for the purpose of exhibition, display or advertisement, on any portion of the sidewalk in front of said premises; or suffer any goods, wares or merchandise to remain thereon; or suspend any goods, wares or merchandise, or any advertising banner or device over any portion thereof. The provisions of this section shall not apply to: 1) sales promotion events of community-wide interest and importance when sponsored by a bona fide merchants' association; and 2) display within the boundaries of the Downtown Core (DC) Zone, as permitted by Section 10-2.809(b)(1) Outdoor Dining and Display. All sales promotion activities and displays shall be approved by the City Manager or his designee. In granting its approval, the City Manager or his designee may impose such conditions, restrictions and requirements as it deems necessary or desirable in order to protect the public interest and promote the general welfare.

(Ord. 232-N.S., amended by Ord. 485-C.S., and Ord. 2604-C.S., § 2, effective 10-27-88)

(Ord. 3573-C.S., § 1, 10-5-12)

No person shall place any crates, cases, barrels or boxes on the sidewalk, nor suffer anything to remain thereon in front of premises occupied by him which will in any manner restrict the public use thereof, save and except goods or merchandise while in the actual course of receipt, delivery or removal without obtaining permission from the Chief of Police to do so.

(Ord. 232-N.S., § 1)

No advertising flag, canvas, banner or other advertising device of any description shall be stretched across any street. Violation of this section shall be unlawful and punishable as an infraction.

(Ord. 232-N.S., amended by Ord. 1463-C.S., and Ord. 2604-C.S., § 2, effective 10-27-88)

(a) Definitions. For the purposes of this section, the following definitions apply:

(1) "Human habitation or camping" means exhibiting the intent to temporarily reside in a location not designed or equipped for human habitation as evidenced by such exemplar indices as: sleeping, eating, storing personal possessions, the lack of permanent shelter or ambient temperature control, or of any property interest in the location.

(2) "Obstruct, hinder or interfere with pedestrian or vehicular traffic" means to place, maintain or deposit an object or article in such a manner as to block passage by any person or vehicle, or to require a person or driver of a motor vehicle to take evasive action so as to avoid physical contact with the object or article.

(3) "Personal property" means personal effects such as furniture and clothing, goods, animals, food, weapons, items for sale, or any moveable article.

(4) "Public right-of-way" means sidewalks, parks, streets, alleys, parking lots, bridges and doorways and entrances to buildings open to common use by all members of the public.

(b) Prohibition.

(1) It shall be unlawful for any person to construct, maintain, place, cause to be placed or allow to remain upon the public right-of-way any structure, tent, or shelter utilized for human habitation or camping which shall obstruct, hinder or interfere with pedestrian or vehicular traffic.

(2) It shall be unlawful for any person to place, cause to be placed, pile, deposit or allow to remain upon the public right-of-way any article of personal property which shall obstruct, hinder, or interfere with pedestrian or vehicular traffic.

(c) Exceptions. Exceptions include:

(1) Goods or merchandise in actual course of receipt, delivery or removal;

(2) Chairs, tables or the like belonging to a commercial establishment conducted on a public sidewalk pursuant to an encroachment permit or other applicable permit;

(3) Moveable structures or articles used in a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on a public right-of-way pursuant to applicable permit;

(4) Wheelchair or walker or similar device used to move about the public right-of-way due to a disability;

(5) This section shall not apply where its application will result in an interference with or inhibition of any exercise of the constitutionally protected right of freedom of speech or assembly;

(6) This section shall not apply where its application results in an interference or conflict with Chapter 19, Articles 1 and 2 of the California Business and Professions Code.

(d) Violation. A violation of any provision of this section shall constitute an infraction.

(e) Disposition by a Public Agency of Personal Property in Violation of this Section.

(1) The provisions of this section are inapplicable to any object, article or item of personal property intentionally abandoned by its owner and found to be in violation of this section. Such property may be destroyed or otherwise disposed of by the Police Department.

(2) All personal property found in violation of this section, with the exception of property determined by the Police Department as intentionally abandoned, shall be confiscated and held by the Police Department for a period of three (3) months unless the owner of the property is present when the Police Department determines a violation of this section exists, and voluntarily waives those rights set forth hereinafter in subsections (e)(3), (e)(4) and (e)(5) of this section.

(3) The Police Department shall notify the owner, if his/her identity is reasonably ascertainable, that it is in possession of the property and where it may be claimed. The City of Modesto may require payment by the owner of a reasonable charge to defray costs of storage and care for property.

(4) The Police Department shall sell property unclaimed after the expiration of three (3) months at a public auction.

(5) Notice of such sale shall be given by the Police Chief at least five (5) days before the date of the sale by publication.

(6) Any property remaining unsold after being offered at such public auction may be destroyed or otherwise disposed of by the Police Department.

(Added by Ord. 3024-C.S., § 1, effective 2-27-97)