Chapter 9.48 — OBSTRUCTING STREETS AND SIDEWALKS

No person owning or occupying any premises fronting on a public street shall place any goods, wares or merchandise, for the purpose of exhibition, display or advertisement, on any portion of the sidewalk in front of the premises without having obtained an encroachment permit as provided in Section 9.48.020(b)(8). No flag, canvas, banner, nor any advertising device of any description whatever shall be stretched across any street or sidewalk without the written permission of the chief building official.

(Ord. 4405 § 1, 1997: Ord. 3334 § 1, 1982: prior code § 20.01)

(a) No person shall place or cause to be placed anywhere upon any 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 next to such premises, anything which shall restrict the public use thereof.

(b) This section shall not apply to:

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

(2) Lamp posts or hydrants erected by permission of the city engineer.

(3) Ornamental trees planted along outer line of the sidewalk and within the curb, and barriers for the protection of the same.

(4) Materials used in the construction or repair of any building during the existence of a written permit issued by the city engineer.

(5) Parking and directional signs erected by authority of the council.

(6) Newsracks for which a required permit has been obtained in accordance withChapter 9.79.

(7) Chairs, benches, or tables placed pursuant to, and in compliance with the terms and conditions of, a valid encroachment permit.

(8) A special sales event involving the display, exhibition, advertisement, or sale of merchandise, goods, or wares upon a portion of the public sidewalk in such a fashion as to not prevent or render hazardous the passage of pedestrians, and not exceeding fifty percent of the width of each sidewalk and held in an area of the city in which not less than one-half of the frontage thereof is in a commercial or industrial zone and to which a majority of proprietors of the businesses thereof within each particular area affected nearby have consented, and which is sponsored solely by such proprietors or an organization to which they belong. Such special sales events must be authorized pursuant to a valid encroachment permit, and shall not exceed three consecutive days nor occur in the same block more than twice in any one calendar year. Exhibition, display, advertising, or sale of merchandise, wares and goods is prohibited except by those persons occupying business premises immediately adjacent to the area in which such exhibition, display, advertisement, or sale is to occur.

(Ord. 4531 § 3, 1998: Ord. 4405 § 2, 1997: prior code § 20.05)

(a) No person shall sit or lie down upon the public sidewalk, or upon a blanket, chair, stool, or any other object placed upon the public sidewalk within fifty feet of any commercial property between Lytton Avenue and Channing Avenue from Alma Street to Emerson Street and the area between Lytton Avenue and Forest Avenue from Emerson Street to Webster Street during the hours between 11:00 a.m. and 11:00 p.m.

(b) The prohibition set forth above in this section shall not apply to:

(1) Any person sitting or lying down on the sidewalk due to a medical emergency;

(2) Any person who, as the result of a disability, utilizes a wheelchair or similar device to move about the public sidewalk;

(3) Any child accompanied by an adult who is seated in and using a stroller, or similar device, to move about the public sidewalk;

(4) Any person sitting or lying down upon a chair, bench or planter box wall located on the public sidewalk which is placed there by a public agency;

(5) Any person sitting or lying down upon a chair or bench located upon the public sidewalk which is placed there by an abutting private property owner or tenant pursuant to a commercial sidewalk encroachment permit, temporary lease, or temporary street closure permit;

(6) Any person sitting or lying down while conducting, attending, or participating in an activity or event which is authorized by a lawfully issued temporary street closure permit or other permit issued by the city which permits use of the public sidewalk;

(7) Sitting on a public sidewalk within a bus zone while waiting for public or private transportation.

(c) No person shall be cited under this section unless the person engages in conduct prohibited by this section after having been notified by a law enforcement officer that he or she is in violation of the prohibition in this section.

(Ord. 4955 § 2, 2007: Ord. 4588 § 1, 1999: Ord. 4404 § 2, 1997)

(a) No person shall operate or use any sidewalk elevator:

(1) Unless the shafts or sidewalk openings of such sidewalk elevators are covered with substantial iron doors or iron gratings, as nearly flush with the upper surface of the sidewalk as will permit proper drainage, and unless such doors or gratings are provided with some mechanical device for

locking and unlocking them which will not require any person to ride on such elevator for the purpose of locking or unlocking said doors or gratings;

(2) Unless the same are equipped with some mechanical device which will prevent the platform of said elevator from approaching within less than five feet of sidewalk doors or gratings thereof when the doors or gratings are closed;

(3) Unless he is directed or permitted to use such elevator by occupant of the premises;

(4) Unless the same are protected on the opposite side by substantial lattice, heavy mesh screened gate, or barricade, at least thirty inches in height, securely held in place when doors are up, or openings made. Such grate or barricade may be removed upon the curbside during a period of loading and unloading.

(b) No person operating a sidewalk elevator, trap-door, grating, or other opening shall allow the sidewalk doors thereof to be opened without first posting a responsible person on the sidewalk to give warning to such opening.

(c) No person operating or using sidewalk elevators, gratings, trapdoors or other opening in sidewalks, shall keep the same open or permit the same to remain open except during the time necessary for the shipping or receiving of merchandise or supplies and unless provided with suitable guards as stated, so as to prevent accidents to the public, and unless a lighted lamp is maintained at openings when doors or gratings thereof are open after dark.

(d) Nothing in this section shall be construed to overrule or supersede the authority of the city to revoke such right to use and occupy the space below the sidewalk as provided in Section 4503 or other applicable sections of the Building Code.

(Ord. 2304, 1966: prior code § 20.06)

No person shall put, place, sweep, throw, brush, blow or in any other manner deposit any rubbish, dirt, leaves, debris or discarded material of any kind or character upon any sidewalk, street, alley, gutter or other place in the city, nor shall any person throw, sweep, blow or brush any rubbish, paper sweepings, leaves or dirt from any residence or other building or grounds onto any sidewalk, street or alley or onto any other public or private property without authorization.

(Ord. 4625 § 2, 2000: Ord. 1504 (part), 1953: prior code § 20.09)

The occupant or tenant, or in the absence of an occupant or tenant, the owner of any real estate in Palo Alto in front of which there is a paved sidewalk shall keep the sidewalk free of dirt, debris and litter. Sweepings from the sidewalk shall not be swept or otherwise made or allowed to go into the street but shall be disposed of by the person responsible for the cleaning of the sidewalk.

(Ord. 1504 (part), 1953: prior code § 20.10)