Redding Municipal Code Ch. 13.24 Obstruction of Streets and Sidewalks

A. It is declared a nuisance and is unlawful for any person to place an obstruction of any kind in a public street or alley, public parkway, sidewalk, or pedestrian mall in the city, or to authorize, procure or permit any obstruction to be placed therein or thereon; provided that (1) merchants and others receiving and delivering goods, whose premises are not served by an alley, shall be allowed two hours from the time such goods are deposited on a sidewalk or parkway until they are removed, and (2) a space five feet in width shall at all times be kept clear for a combination of persons passing. Each day any such obstruction is maintained or permitted in any such street or alley or on any such parkway, sidewalk or pedestrian mall shall be deemed a separate offense.

B. The provisions of this section shall not apply to:

1. The temporary obstruction of streets or alleys while buildings are being moved from one place to another.

2. Temporary obstructions for which encroachment permits have first been obtained from the director of transportation and engineering.

3. Potted shrubs or plants, clocks, drinking fountains and public telephones placed or maintained upon a public parkway or sidewalk within the city by any person who has first obtained a permit in writing to do so from the director of transportation and engineering.

4. News racks placed or maintained upon public parkways or sidewalks in the city, provided that they are in daily use and are so placed as to not interfere with or obstruct pedestrian traffic in the vicinity of their location.

5. Temporary obstructions in the city's pedestrian mall for which encroachment permits have been first obtained from the city clerk.

6. A sidewalk dining area for which a valid license has been issued pursuant to Chapter 13.25.

(Ord. 2374 § 10 (part), 2006: Ord. 2249 § 3, 1999: prior code § 24-6)

A. That subject to the conditions and limitations hereinafter set out, the city hereby grants encroachment license permits to install public telephones and facilities in and upon public sidewalks, ways and places in the city, to Pacific Telephone and Telegraph Company. Such encroachment license permits shall be in a form approved by the city attorney.

B. The city manager is hereby authorized to issue such license permits to said telephone company from time to time upon proper application therefor, providing he or she is satisfied that the proposed number and location of such public telephones will best serve the public interest.

C. All installations shall be made in accordance with the requirements of the director of transportation and engineering of the city, and the city manager shall withhold issuing such license permits until after he or she has received recommendations from the director of public works. Pursuant to this section, the department of transportation and engineering shall prepare a set of booth installation guidelines.

D. The city shall not be obligated to pay any costs in connection with any such installation.

E. The telephone company shall pay to the city an amount equal to fifteen percent of the coins of United States currency in denomination of twenty-five cents, ten cents and five cents received by the telephone company from all public telephones installed pursuant to this section and the license permit herein referred to (exclusive of federal communications excise taxes), payments to be made to the city not less frequently than annually; provided, however, that in the event the telephone company incurs costs in securing electrical connections and telephone conduit for a telephone installation, the cost of securing said connection, paid by said telephone company, may be deducted from the revenue received by it from such installations until such time as the telephone company has fully recovered its electrical and telephone conduit connection costs.

F. The license permits issued pursuant hereto shall include the following provisions:

1. In addition to the requirements and recommendations of the director of public works in each instance, all booth installations shall be subject to the following requirements:

a. Wire service to the booth shall be underground;

b. Not more than two booths shall be installed at one location;

c. Booths shall be located in a manner so that they will not block the line of sight of an automobile at the intersection of two streets or a vehicle entering onto a public street from an alley or private driveway;

d. Curbside booths shall be located in a manner that allows a parked vehicle to fully open its door over the adjoining sidewalk area;

e. The city shall be consulted as to booth color, design type, and sign detail to be used within the city.

2. The company shall maintain the telephones and any associated booths or installations in good repair and in a safe and sightly condition, at company's expense, and to the satisfaction of the city manager.

3. The company shall save the city harmless from any and all losses, claims or judgments for damages to any person or property arising from the installation, maintenance or presence of said public telephones.

4. The license permit shall be revocable at any time upon thirty days, prior written notice to the company from the city manager, and upon such notice and within said thirty-day period, said telephone company shall cause such installation or installations so designated by the city manager to be removed, and said sidewalk, way, or place shall be restored as nearly as practicable to its former condition prior to the installation or installations. Nothing herein contained shall be construed to prevent or limit the telephone company, in its discretion, from removing any telephone installation at any time.

G. Permits issued pursuant to this section shall be ministerial.

(Ord. 2374 § 10 (part), 2006: Ord. 1485 § 1, 1980)

A. Whenever the superintendent of streets finds or discovers any obstruction to any street, avenue, alley or sidewalk, it shall be the duty of the superintendent of streets to at once give verbal notice to the owner or author of the obstruction to remove it within one hour after notice; and, in case it is not removed within such time, to remove the obstruction himself, and whatever costs or expenses accrue in the removal of the obstruction shall be a charge against the owner thereof, and the superintendent of streets may seize and hold the obstruction for all costs and expenses necessarily incurred in its removal. If, after demand therefor, the owner or author of the obstruction fails or refuses to pay all costs and expenses for the removal, the superintendent of streets shall sell the obstruction at public auction. The sale must be made after five days' notice of the time and place thereof, given by posting the notice in three public places. For seizing or selling the obstruction, the superintendent of streets may charge, in each case, the sum of three dollars, which charge shall be in addition to the costs mentioned in this section. On payment of the price bid for any property sold, the delivery thereof, with a bill of sale, vests the title thereof in the purchaser.

B. Whenever any obstruction to the city's pedestrian mall is discovered, it shall be reported to the city clerk, who shall determine whether or not the obstruction exists pursuant to a valid encroachment permit issued by her office, and if it does not, she shall report the obstruction to the superintendent of streets who is vested with the authority, upon such notice, to follow the same procedure in regard to the obstruction as he is authorized to do in regard to a similar obstruction in any street, alley or sidewalk by the provisions of this section.

(Prior code § 24-7)

It is unlawful to leave any gate extended across or upon any sidewalk so as to be an obstruction to persons passing thereon.

(Prior code § 24-8)

No person shall store any wagons, buggies or other vehicles upon any street, avenue, alley, sidewalk or other public place in the city, so as to obstruct the free use of them.

(Prior code § 24-14)

A. Purpose. The city council finds that when persons remain on crosswalks, public medians and roundabouts in the city for purposes other than the purpose of assisting pedestrians to safely cross the street, including using the crosswalks, medians and roundabouts for, among other purposes, disorderly conduct, solicitation of money, solicitation of prostitution, consumption of alcoholic beverages, or other activity not related to crossing the street, they obstruct traffic and distract drivers, thereby threatening both their own safety and the safety of the community. This regulation is therefore necessary to protect the public health, safety, and welfare.

B. Definitions. For the purposes of this section, "remain" means using a crosswalk, median or roundabout for a purpose other than assistance in crossing the street including the purposes of disorderly conduct, solicitation of money, solicitation of prostitution, consumption of alcoholic beverages, or other activity not related to crossing the street. When intersections that contain roundabouts also contain crosswalks that connect the intersection's streets, "remain" shall also include using the roundabout for street-crossing purposes. For purposes of this section, "median strip" means a raised nonlandscaped, paved, planted, or otherwise landscaped strip of ground dividing a street, roadway or highway into lanes according to the direction of travel. These traffic fixtures are also referred to as median islands, chokers, curb bulb outs, diverter islands, traffic calming devices and traffic circles. "Roundabout" means a raised circular shaped, nonlandscaped, paved, planted, or otherwise landscaped piece of ground located within the intersection of two or more streets, roadways or highways around which vehicular traffic streams for the purpose of continuing through the intersection or moving from one of the intersection's streets onto another of the intersection's streets. The roundabout fixture includes the roundabout median, splitter islands and truck aprons.

C. Remaining on Medians and Roundabouts Prohibited. It is unlawful for any individual to remain on a median or roundabout within a street, roadway or highway located in the city. This section shall not apply to public employees, employees of public utilities or employees of public contractors when it is necessary for them to be upon a median strip or roundabout in connection with their employment duties.

D. Subsequent Offense within Six Months. Any person who violates this section and is cited for such a violation, and who within six months after receiving such a citation again violates this section, is guilty of a misdemeanor. A person is cited for a violation when he or she is issued and signs an infraction or misdemeanor citation, or when he or she is arrested and booked, or when a complaint is filed and the person is notified of the filing of such a complaint.

(Ord. No. 2513, § 1, 11-4-2014)

A. No person shall sit on a commercial sidewalk or on any object brought or affixed to a commercial sidewalk, from seven a.m. until ten p.m., except as provided in this section.

B. Exceptions. This section shall not apply to any person sitting on a commercial sidewalk:

1. Due to a medical emergency;

2. On a wheelchair or other device that is needed for mobility;

3. On a public bench or bus stop bench that is permanently affixed to the sidewalk;

4. Operating a sidewalk-based businesses with an appropriate permit; or

5. As authorized by a city-issued permit, such as a permit for a special event, or other city permit. This section shall not be construed to prohibit persons from obtaining such city permits.

These exceptions shall not be construed to allow conduct that is prohibited by other laws.

C. This section shall not be applied or enforced in a manner that violates the United States or California constitutions.

D. Necessity of Warning Prior to Citation. No person may be cited for a violation of this section until a peace officer first warns that person that his or her conduct is unlawful and that person is given a chance to stop his/her conduct. One warning by a peace officer to a person who is violating this section is sufficient for a thirty-day period as to any subsequent violations of this section by that person during that period of time.

E. Commercial Sidewalk—Definition. As used in this section, "commercial sidewalk" means all sidewalks in front of or adjoining property designated on the city's official zoning map with an "NC" "SC" "RC" "GC" "GCVR" "HC" "SGD" "UBD" or "CBD" prefix.

F. Violation—Infraction. A violation of this section shall be charged only as an infraction subject to a seventy-five dollar fine.

(Ord. No. 2524, § 1, 4-21-2015)

A. No person shall intentionally interfere with vehicular traffic.

B. The following definitions apply in this section:

1. To "interfere with vehicular traffic" means to enter or remain upon a roadway in order to engage in any conduct that obstructs or impedes the free flow of vehicular traffic on any public roadway.

2. To "enter" means to cross the vertical plane of the edge of a roadway, which includes crossing the vertical plane of the roadway by any part of a person's body or any extension thereof or by use of any device used to extend a person's ability to reach into the roadway.

C. The following are not considered to be interfering with vehicular traffic:

1. A public employee performing his/her duties.

2. A person summoning or requiring aid in an emergency situation.

(Ord. No. 2578, § 2, 12-5-2017)