Mountain View Municipal Code Art. I In General

* As to distribution, etc., of handbills on streets, etc., see Sec. 3.3 of this Code.

"Street" shall include every way set apart for public travel or use in the city, including the entire planting strip, sidewalk area, easements and rights-of-way.

(Ord. No. 175.809, 10/29/62.)

"Sidewalk" is that portion of a street, other than the roadway, set apart by curbs, barriers, markings or other delineations for pedestrian travel.

(Ord. No. 175.809, 10/29/62.)

Except as otherwise permitted by this Code, no person owning or occupying any premises fronting on a public street shall place any goods, wares or merchandise for the purpose of display, exhibition, advertisement or sale thereon; nor any crates, cases, boxes or barrels on any portion of the sidewalk in front of such premises; nor suspend any goods, wares, merchandise or advertising banner or device over any portion thereof; nor suffer any of such things to be or remain thereon; nor thereby restrict the free use of such sidewalk by the public.

(Code 1938, Sec. 422; Ord. No. 5.92, 2/25/92; Ord. No. 8.2023, § 4, 5/23/23.)

No flag, canvas, banner, or other device or advertisement of any description whatsoever, shall be stretched across any street or sidewalk except by permission of the council.

(Code 1938, Sec. 424.)

a. Except as is provided in subsection b., awning, trellises, marquees, or other projecting architectural features may extend over the sidewalk in front of any building, provided that said features shall not extend beyond two-thirds (⅔) of the width of the sidewalk, and shall be so constructed as to prevent accident or injury to pedestrians.

b. Within the downtown revitalization district area, awnings, trellises, marquees, or other projecting architectural features may extend over the sidewalk adjacent to or abutting any building, provided that said features shall not extend beyond two-thirds (⅔) of the width of the sidewalk, and shall be so constructed as to prevent accident or injury to pedestrians. Where there is no sidewalk adjacent to or abutting such building, awnings, trellises, marquees, or other projecting architectural features may extend over public property not more than seven (7) feet from the face of a supporting building, but no portion of such architectural features shall extend nearer than two (2) feet to the plane of the face of the nearest curbline, measured horizontally. In no case shall the awning, trellis, marquee, or other projecting architectural feature extend over public property greater than two-thirds (⅔) of the distance of the property line to the nearest curb in front of the building site.

(Code 1938, Sec. 425; Ord. No. 175.809, 10/29/62; Ord. No. 9.79, 2/26/79.)

No person shall, in front of his premises, permit, for any length of time whatever, the lower edge of any drop awning to remain suspended at an altitude less than eight (8) feet from the sidewalk.

(Code 1938, Sec. 425.)

No person shall remove, break, extinguish or injure any light maintained for street lighting, traffic signalization or a warning signal of any dangerous place on any street.

(Code 1938, Sec. 426; Ord. No. 175.809, 10/29/62.)

No person shall deface, destroy or remove any street sign placed to indicate the name of any street.

(Code 1938, Sec. 427.)

Except as otherwise permitted by this Code, no person shall place anywhere, upon any public way, street or sidewalk, and no person owning, occupying or having control of any premises shall suffer to remain in front thereof, upon the sidewalk of the street or way next to such premises, anything which shall obstruct the free passage of any portion of such street or sidewalk for more than one (1) hour at a time.

(Code 1938, Sec. 432; Ord. No. 14.85, 5/28/85; Ord. No. 5.92, 2/25/92; Ord. No. 8.2023, § 5, 5/23/23.)

The preceding section shall not be construed to apply to:

a. Goods, wares or merchandise in actual course of receipt, delivery or removal.

b. Lamp posts or hydrants erected by permission or order of the council.

c. Ornamental trees planted in any parking strip, and barriers for the protection of same.

d. Water fountains placed upon the sidewalk for the accommodation of the public by permission of the council.

e. Materials for use in construction or repair of any building during the existence of a permit from the city.

(Code 1938, Sec. 433.)

It shall be unlawful to stand in a crowd of two (2) or more persons so as to obstruct the free passage of any part of a street or sidewalk, after being requested to move on by a police officer.

(Code 1938, Sec. 501.)

No person shall encroach on, in, over or under any real property, including easements, owned by the city, except as authorized by this Code, by any structure or object of any kind or character, temporary or permanent in nature, and whether such encroachment is real, personal or mixed property, without first obtaining a permit to do so from the public works director. Applications for a permit to encroach on city-owned property shall be made by and in the name of the owner or person lawfully entitled to use the real property in connection with which the permit is sought to be obtained and shall be acknowledged by the applicant. The application shall be filed with the Public Works Director. The Public Works Director, or authorized designee, is hereby empowered to deny or withhold approval of a permit if exercise of the proposed permit would interfere with public works that are existing or contemplated to be constructed or if the proposed permit would cause public property to be or become in a dangerous or defective condition or unreasonably endanger or interfere with public health, safety or convenience. The Public Works Director, or designee, may approve the application either as submitted or subject to such terms and conditions as the Public Works Director shall consider necessary for the safeguarding of life, property and the City. As required by the Public Works Director, the applicant shall provide a detailed drawing of the encroachment suitable for recordation and acceptable by the Public Works Director or designee prior to the issuance of an encroachment permit. The cost of processing an encroachment permit shall be set by resolution or ordinance of the City Council and shall be paid by the applicant prior to issuance of the permit.

This Section shall not apply to Outdoor Patios in the downtown area licensed in accordance with Sec. 27.17; and encroachments in city parks subject to Chapter 38, Article I, Section 38.9 n. of this Code.

(Ord. No. 28.91, 12/10/91; Ord. No. 5.17, § 6, 10/24/17; Ord. No. 8.2023, § 6, 5/23/23.)

a. Definitions.

"Downtown Area" shall mean properties that have commercial or mixed-use uses located within the Downtown Precise Plan. This includes the Pedestrian Malls established under Article VI of Chapter 27 of this City Code.

"Merchandise Displays" shall mean a display for sale or offer for sale merchandise, goods or wares in the public right-of-way outside of an adjoining business which sells or offers for sale goods and/or services.

"Outdoor Dining" shall mean an outdoor area set up and maintained in the public right-of-way for the purpose of selling, offering for sale and serving food or beverages for immediate consumption on-site by an adjoining restaurant or other business which sells, offers for sale and serves food and/or beverages for immediate consumption.

"Outdoor Patio" shall mean the public right-of-way adjacent to a business in the Downtown Area that may be used for Permitted Activities in accordance with the City's Outdoor Patio Standards/Guidelines and allow a business to operate outdoors.

"Outdoor Patio License" shall mean the license issued by the Public Works Director or designee authorizing the Permitted Activities at an approved outdoor patio location.

"Outdoor Patio Licensee" shall mean the owner or operator of a business that holds the Outdoor Patio License.

"Outdoor Patio Standards/Guidelines" shall mean the City's adopted standards and guidelines applicable to Outdoor Patios located in the Downtown Area and Pedestrian Malls.

"Permitted Activities" shall mean Outdoor Dining, Merchandise Displays and other activities as may be approved in the Outdoor Patio Standards/Guidelines.

b. License.

1. No person shall operate an Outdoor Patio upon the public right-of-way in the Downtown Area without first obtaining a city-issued Outdoor Patio License.

2. An Outdoor Patio License shall only be issued for Permitted Activities in the Downtown Area and in conformance with the Outdoor Patio Standards/Guidelines.

3. All Outdoor Patio Licenses shall be conditioned upon the Outdoor Patio Licensee's obligation to remove or modify the Outdoor Patio at any time and at Outdoor Patio Licensee's expense as necessary for any special events, city project, street cleaning or maintenance work, which necessity shall be determined solely by the Public Works Director or designee.

4. An Outdoor Patio License may only be obtained by and in the name of the owner or person lawfully entitled to use the real property in connection with which the license is sought to be obtained. The City Council shall have the discretion to adopt and/or establish exceptions to this requirement by resolution upon recommendation of the Public Works Director or their designee.

5. Application requirements.

i. Any person wishing to obtain an Outdoor Patio License shall file an application as required by the Public Works Director or designee. Incomplete applications will not be accepted.

ii. Outdoor Patio License fees, in an amount(s) as set forth by adopted Council resolution, shall be paid upon application submittal.

6. Review and decision.

The Public Works Director or designee may deny an application for an Outdoor Patio License if the proposed Outdoor Patio violates or does not comply with the City Code or Outdoor Patio Standards/Guidelines. The Public Works Director or designee shall issue written notice of their determination to approve or deny a license to the applicant. A notice of denial shall include the reasons for the denial. An applicant may request a hearing on the denial of an application in conformance with Section 27.17(b)(8), Hearing.

7. Suspension or revocation. The Public Works Director or designee may suspend or revoke an Outdoor Patio License for violations of the City Code or Outdoor Patio Standards/Guidelines. The Public Works Director or designee shall issue a written notice of the suspension or revocation to the Outdoor Patio Licensee, which shall include the reasons for the suspension or revocation. An Outdoor Patio Licensee may request a hearing on the suspension or revocation of a license in conformance with Section 27.17(b)(8), Hearing.

8. Hearing.

i. An applicant or Outdoor Patio Licensee may request a hearing before the head of any City department, except the Public Works Department, or their designee ("Hearing Officer"), by filing a written request with the Public Works Department within ten (10) business days of the notice date informing the applicant or outdoor patio licensee of the denial, suspension or revocation.

ii. Upon timely receipt of a written request, the Public Works Department shall set the matter for a hearing before the Hearing Officer at least one (1) week from the date of receipt of the request and not later than thirty (30) business days from date of receipt.

iii. At the hearing, the applicant or Outdoor Patio Licensee may present relevant evidence regarding the basis for the denial, suspension or revocation.

iv. The Hearing Officer shall notify the applicant or Outdoor Patio Licensee of the Hearing Officer's decision on the denial, suspension or revocation in writing no later than two (2) weeks after the hearing. The decision of the Hearing Officer shall be final.

9. Term and renewal.

i. All Outdoor Patio Licenses shall be issued for a one (1) year term beginning July 1 and ending June 30, shall be nontransferable, and shall be renewed annually if the licensee wishes to continue Outdoor Patio operations.

(a) Exception. Any outdoor patio license issued between November 1, 2023 (effective date of outdoor patio program) and June 30, 2024 shall be valid through June 30, 2025.

ii. The Outdoor Patio Licensee must submit an application for renewal of the outdoor patio license no later than thirty (30) days preceding the license expiration to continue Outdoor Patio operations beyond the original term of the outdoor patio license. Failure to timely renew shall require an Outdoor Patio Licensee to file an application for a new license if the licensee wishes to reestablish Outdoor Patio operations.

c. Outdoor patio regulations. Outdoor Patio Licensees shall comply with the City Code, any Outdoor Patio Standards/Guidelines adopted by the City and any applicable state and federal law.

(Ord. No. 8.2023, § 7, 5/23/23.)

The city council may vacate any public street or part of any street therein, in the manner provided in Division 9, Part 3, Chapter 2 of the Streets and Highways Code. The applicant for street vacation shall pay a processing fee, the amount of which shall be set from time to time by resolution or ordinance of the city council.

(Ord. No. 28.91, 12/10/91.)

No person shall erect, move, or maintain any telegraph, telephone, or electric power transmission poles, braces, or guy wires, in, on or along any of the streets, alleys, sidewalks or places within the city, without first having obtained a permit so to do from the director of public works.

(Code 1938, Sec. 446; Ord. No. 175.809, 10/29/62.)

In the application for every such permit the applicant shall particularly describe the proposed location of such pole, which location will not interfere with any public property or the convenient ingress to or egress from any private property.

(Code 1938, Sec. 446.)

No person shall destroy, injure or remove any survey monument erected or placed by the city; provided, if it shall become necessary for any person, in pursuit of any lawful purpose, to have any such survey monument removed, notice of such necessity must be given to the director of public works, who shall proceed forthwith, at the cost of the person requiring such removal, to remove such survey monument, and replace the same in its original position as soon as the object shall be attained for which the removal shall have been made.

(Code 1938, Sec. 401.)