Pomona Municipal Code Div. 4 Sidewalk, Walkway, Off-Street Parking and Street/Roadway Obstructions

The terms used in this division shall have the following meanings:

Enforcement officer means any city employee or officer, including but not limited to inspectors of the municipal code enforcement division, public works inspectors, building inspectors, county public health inspectors, county fire inspectors and police department officers.

Obstruction means and includes any one of those items or materials described in section 46-215 placed, or maintained on public property for a period in excess of 30 minutes.

Off-street Parking means any publicly owned parking facility and any privately owned parking facility for which the privilege to park is held open for the common public use of retail customers.

Pedestrian path or walkway means any paved path or area owned or controlled by the city and intended specifically for pedestrian travel.

Sidewalk means that portion of the street between the curb line and the adjacent property line, a public sidewalk or paved pedestrian path specifically designed for pedestrian travel or any surface in the public right-of-way provided for the exclusive use of pedestrians.

Street/roadway means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Street includes all roads and any part of the entire width of right-of-way of any city street, whether or not such entire area is actually used for street purposes.

(Ord. No. 4352 (Urgency), § 3, 10-21-2024; Ord. No. 4350, § 2, 11-18-2024)

(a) It shall be unlawful for any person to place any of the following on a pedestrian path, walkway, sidewalk, off-street parking lot or street/roadway without a permit:

(1) Any chair, stool, bench, table or any materials or items that form a chair or table or stand.

(2) Any easy-up shade structure or umbrella that is not directly attached to vending equipment or conveyance.

(3) Any compressed gas container or flammable liquids, gasses or solid fuels including but not limited to gasoline, kerosene, or propane.

(4) Any battery or generator or accessory used to create power.

(5) Any ovens, barbecues, grills or cooking device with an open flame or heat source.

(6) Any free standing light or object to illuminate the sidewalk.

(7) Any device to amplify sound.

(8) Any utility cord.

(9) Any area rug or carpet.

(10) Any banner or freestanding sign on a walkway, sidewalk or street/roadway.

(11) Trashcan.

(12) Ice chest.

(Ord. No. 4352 (Urgency), § 3, 10-21-2024; Ord. No. 4350, § 2, 11-18-2024)

It shall be unlawful for any person to discharge onto a walkway, sidewalk, storm drain, right-of-way or any gutter, tree wells, any liquids, grease or waste materials.

(Ord. No. 4352 (Urgency), § 3, 10-21-2024; Ord. No. 4350, § 2, 11-18-2024)

(a) This division 4 shall be enforced by any duly authorized enforcement officer.

(b) Upon observing and documenting a violation of this division 4, the enforcement officer may proceed as follows.

(1) Order to cure or impound obstructions. The enforcement officer may: (i) order to cure or remove the obstruction; (ii) issue a warning or administrative citation; or (iii) after failure to cure or remove the obstruction and based on the risk to public safety, impound the items or materials creating the obstruction.

(2) Impoundment. Any items or materials that are placed upon a sidewalk, walkway, off-street parking lot or street in violation of this division 4 may be confiscated by the enforcing officer and will be stored. At the time of an impoundment of the obstruction, the enforcement officer shall issue a receipt to the person who put the obstruction in place that includes the date and time of the impoundment, a description of the items, and instructions on how to reclaim them. If the enforcement officer determines that due to its condition the equipment cannot be safely stored and must be destroyed, the enforcement officer shall state this on the receipt.

a. Forfeiture. If not reclaimed within 60 days, or at such earlier time the city determines that the equipment cannot be safely stored, impounded equipment will be deemed forfeited to the city. Forfeited items may be sold, destroyed, or otherwise disposed of at the city's sole discretion in accordance with applicable laws governing hazardous materials.

b. Fees. The city council may adopt impound fees by resolution, which shall reflect the costs of enforcement, investigation, and storage. The city may require that a person seeking to reclaim an impounded item pay impound fees and demonstrate ownership.

(c) In addition to any other remedy allowed by law, any person who violates a provision of this chapter may be subject to criminal sanctions, civil actions, and administrative citations pursuant to section 1-7 of this Code.

(d) All remedies prescribed under this division 4 are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this division.

(Ord. No. 4352 (Urgency), § 3, 10-21-2024; Ord. No. 4350, § 2, 11-18-2024)