Chapter 12.12 — OBSTRUCTING STREETS AND SIDEWALKS

This chapter shall be known as the "obstruction abatement code."

(Ord. 4318 § 1, 1954)

For the purpose of this chapter, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended:

A.

"Permit" means a valid and current authorization of one of the following specific types, issued pursuant to the requirements of this code: sidewalk dining permit, valet parking permit, film permit, food transportation vehicle permit, program sales permit, parade permit, Tournament of Roses Grandstand permit, street closure permit, or special events permit. A business license is not a "permit" under this chapter.

B.

"Valid license agreement with the city" means a valid and current, written authorization, approved by the city council or its designee allowing occupation of specific and designated locations for the specific purposes explicitly set forth therein. A business license is not a "valid license agreement with the city" under this chapter.

(Ord. 6772 § 1, 1998)

On property at any corner formed by intersecting streets, it is unlawful to install, set out or maintain, or to allow the installation, setting out or maintenance of, any sign, hedge, shrubbery, natural growth or other obstruction to the view, higher than 2 feet 6 inches above either:

A.

The curb return at the applicable corner of the intersection; or

B.

The nearest pavement surface (where there is no curb); or

C.

The existing travelled roadway at the corner in question (where there is no curb or pavement); within that triangular area between the property lines and a diagonal line joining points on the property lines 25 feet from the point of their intersection, or in the case of rounded corners, the triangular area between the tangents to the curve and a diagonal line joining points on said tangents 25 feet from the point of their intersection. The tangents referred to are those at the beginning and at the end of the curve at the corner.

(Ord. 4318 § 2, 1954)

The foregoing provision shall not apply to permanent buildings, public utility poles, young saplings or trees trimmed (to the trunk) to a line at least 6 feet above the level of the reference point as defined in Section 12.12.020, official warning signs, signs as defined in Ordinance No. 2610, "the traffic code" 3 or to places where the contour of the ground is such that there can be no cross-visibility at the intersection.

(Ord. 4318 § 3, 1954)

A.

The enforcement of this chapter shall be under the direction of the chief of police.

B.

The chief of police shall cause alleged violations of this chapter to be investigated forthwith.

C.

The city manager shall review these findings within 30 days and either authorize the chief of police to post such notice as in hereinafter set forth and perform such other duties to enforce this chapter as are necessary or shall notify the chief, in writing, that no abatement is necessary.

(Ord. 4638 § 1 (part), 1963: Ord. 4318 § 4, 1954)

The owner of such posted property may appeal to the city manager and show cause why the work should not be done or why the time therefor should be extended. The appeal shall be in writing and shall be filed with the city manager within 10 days from the date of posting notice. The city manager shall hear and pass upon such appeal, and his determination thereon shall be final and conclusive.

(Ord. 4638 § 1 (part), 1963: Ord. 4318 § 5, 1954)

Any obstruction maintained in violation of this chapter is deemed a nuisance, and upon failure to abate the same within 20 days after the posting upon the premises of notice to abate the nuisance, the city manager or his authorized agent may

enter upon the premises and remove or eliminate the obstruction. In such event, the cost to the city of the abatement of the nuisance shall be a lien upon the premises provided a claim therefor is filed within the time and in the manner as prescribed in Section 1187 of the Code of Civil Procedure of this state. The cost of the abatement shall, in addition, be a personal obligation against the owner of the premises upon which the nuisance was maintained, recoverable by the city in an action before any court of competent jurisdiction.

(Ord. 4318 § 6, 1954)

Any person, firm or corporation violating any of the provisions of Sections 12.12.020 through 12.12.060 is deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment in the city jail for a period of not more than 6 months, or by both such fine and imprisonment. Each such person is deemed guilty of a separate offense for every day during any portion of which any violation of any provision of Sections 12.12.020 through 12.12.060 is committed, continued or permitted by such person, firm or corporation and shall be punishable therefor as provided by this section.

(Ord. 4318 § 8, 1954)

A.

It is unlawful for any person to stand or sit in or upon any street, alley, sidewalk, or crosswalk so as in any manner to hinder or obstruct the free passage of persons passing along the same except as follows: for a use or activity for which a permit has been previously obtained from the city, or for a use under the terms of a valid license agreement with the city, or for viewing a parade or similar event for which a permit has been issued, or for lawful labor activities that are permitted to be carried out by state or federal law, or for activities protected by the California Constitution or the United States Constitution.

B.

It is unlawful for any person to place his/her personal property upon any street, alley, sidewalk, or crosswalk so as, in any manner, to hinder or obstruct any person from freely passing by; such property may be removed from the public way or place by the City if the owner of such property is not present or is unable to remove the property. A notice of such removal shall be given to the owner and or placed at the location from where such property was removed. Such property shall be stored by the City for at least 30 days.

C.

It is unlawful for any person to impede the progress of another or to hinder or obstruct any person from freely passing by on any street, alley, sidewalk, or crosswalk, for the purpose of soliciting, asking, or begging for money; or to approach any person in any public way or place in a threatening, coercive or menacing manner for the purpose of soliciting, asking, or begging for money.

(Ord. 6617 § 1, 1994: Ord. 4143 § 13.01, 1950)

(Ord. No. 7287, § 2, 11-14-2016)

A.

It is unlawful for any person, firm or corporation to use or occupy any public sidewalk in the city for the display of goods, wares or merchandise, or to use the exterior walls of any building abutting upon any public sidewalk, street, alley or passageway, for the display of goods, wares or merchandise, or to leave any goods, wares or merchandise, boxes, barrels, trucks or other articles upon any street or public sidewalk or a portion thereof in the city, except as follows: for a use or

activity for which a permit has been previously obtained from the city, or for a use under the terms of a valid license agreement with the city.

B.

It is unlawful for any person, firm or corporation to install, maintain or operate any oil or gasoline pump or other mechanical device used for the purpose of pumping oil or gasoline in, over or upon any street, alley or public place.

C.

It is unlawful for any person, firm or corporation to occupy or obstruct any public street, alley or sidewalk, with or without any stand, box or other equipment, for the purpose of selling, soliciting or advertising the sale of any goods, wares or merchandise, or for the purpose of giving any demonstration or exhibition in connection with the sale or solicitation of the sale of any goods, wares or merchandise; except as follows: for a use or activity for which a permit has been previously obtained from the city, or for a use under the terms of a valid license agreement with the city and provided, however, that no person shall be deemed to be occupying or obstructing any street, alley or sidewalk within the meaning hereof, while traveling and in motion thereof.

(Ord. 6617 § 2, 1994: Ord. 4143 § 13.02, 1950)