Newman Municipal Code Ch. 9.10 Storage and/or Depositing of Nonvehicular Object(s) on City Rights-of-Way

In addition to and in accordance with the determination made and the authority granted by the State under Section 21100 of the Vehicle Code to adopt rules and regulations by ordinance which govern the safety of its citizens on streets and declare public nuisances, the City Council makes the following findings and declarations:

A. Declarations and Findings. The storage or deposit of nonvehicular objects in the public right-of-way creates a condition in which vehicles must avoid obstacles and pedestrians cannot freely use the sidewalk, is injurious to the health, safety and general welfare and constitutes an attractive nuisance creating a hazard to the health and safety of minors.

B. Nuisance Declared. The presence of a stored or deposited nonvehicular object in any right-of-way is declared to constitute a nuisance which may be abated in accordance with the provisions of this chapter.

(Ord. 2007-1 § 1(2), 3-13-2007)

Unless the context otherwise requires, the definition of words and phrases set forth in this section shall govern the construction of this chapter.

"Highway"

means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular traffic. "Highway" includes a street, and all or any part of the entire width of the right-of-way of said highway.

"Object"

shall mean anything which is nonvehicular in nature.

"Public utility easement (PUE)"

is that portion which ends 10 feet behind the sidewalk.

"Responsible person"

shall mean the owner of an object or his/her agent, or other person having the charge or control of the object.

"Right-of-way"

shall mean the street, curb, sidewalk and public utility easement.

"Sidewalk"

is that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel.

(Ord. 2007-1 § 1(2), 3-13-2007)

It shall be unlawful for any responsible person to store or deposit any nonvehicular object in any right-of-way. This shall exclude the temporary use of this area for any City-sponsored/sanctioned event or permitted use.

(Ord. 2007-1 § 1(2), 3-13-2007)

Except as otherwise provided in this chapter or by law, the provisions of this chapter shall be administered and enforced by the Chief of Police or employee(s) designated by the Chief of Police.

(Ord. 2007-1 § 1(2), 3-13-2007)

Abatement of the nuisance shall occur through the administrative citation process as defined within Chapter 8.05 NCC.

(Ord. 2007-1 § 1(2), 3-13-2007)