Sacramento Municipal Code Ch. 12.08 Street and Sidewalk Use Regulations

It is unlawful for any person to willfully or negligently pour, spill, permit to drip or cause to be projected upon any pavement laid on any public street, alley or place, or permit or cause to run into any gutters within the city, any oil, petroleum, kerosene, benzene or other similar oil or oily substance or liquid. (Prior code § 38.01.001)

It is unlawful for any person to mix concrete, plaster or other material of like character on the surface of any improved street within the city, or for any person to willfully or negligently cause or permit concrete, cement, water bearing cement, sand, silt or any substance which may tend to clog gutter drains to enter the gutter drains within the city. (Prior code § 38.01.002)

No person shall willfully or negligently burn rubbish or other material on any pavement laid on any public street, alley or place or upon any gutter within the city. (Prior code § 38.01.003)

It is unlawful for any person to place gravel, cement or other material of like character on any improved street within the city without first obtaining a permit so to do from the city engineer. (Prior code § 38.01.004)

Any person engaged in the business of repairing or building sidewalks or doing other work may store gravel or other material in barrels, boxes, bins or on planks; provided, however, that such person shall not permit or cause any gravel or other materials to in any manner escape from such barrels, boxes, bins or planks onto the streets. (Prior code § 38.01.005)

A homeowner shall be permitted to paint or cause to be painted a house number on the curb fronting his or her house in residential zones in accordance with the provisions of this title. The size, style and colors of numbers shall be in accordance with regulations established by the department of public works. (Prior code § 38.01.008)

It is unlawful for any person to engage in the business of painting house numbers on street curbs or on any other location or structure without first complying with Chapter 3.08 of this code (business operations tax) and obtaining a curb painting permit. (Prior code § 38.01.009)

A. Applications for a curb painting permit shall be filed with the director of finance or the director's designee and shall contain the following:

1. The individual and business name, street address, and telephone number of the permit applicant. If the applicant is a nonprofit organization or if the applicant is under eighteen (18) years of age, there shall be included the name, street address, telephone number and signature of a person eighteen (18) years of age or older who assumes all responsibility for activities undertaken pursuant to any permit which may be issued;

2. The name and address of all persons having a financial interest in the business;

3. For each person with a ten (10) percent or greater financial interest in the business, a list, signed under penalty of perjury, of each criminal conviction of such person and whether such conviction was by verdict, plea of guilty, or plea of nolo contendere. The list shall, for each such conviction, set forth the date of arrest, the offense charged, and the offense of which the person was convicted;

4. A nonrefundable application fee in an amount set by resolution of the city council, which resolution may set reduced fees or fee exemptions for nonprofit organizations;

5. An agreement to indemnify and hold harmless the city, its officers, employees and agents from any and all liability for personal injury or property damage resulting from the applicant's activity pursuant to the permit not predicated on active negligence of the city;

6. A certificate of insurance in form acceptable to the city attorney demonstrating that the applicant has in force liability insurance against injury to persons and damage to property arising from activities undertaken pursuant to the permit in an amount not less than twenty-five thousand dollars ($25,000.00);

7. A certification that the applicant is familiar with all requirements and restrictions of this chapter;

8. Such other information as may be requested by the director. (Prior code § 38.01.010)

A. A curb painting permit shall not be issued if the director finds:

1. The application is incomplete or contains a false statement;

2. The applicant has been convicted of a crime, and the time for appeal has elapsed, irrespective of the entry of a subsequent order under Penal Code Section 1203.4; or has done any act involving dishonesty, fraud, deceit, or moral turpitude with intent to substantially benefit himself or herself, or another, or substantially injure another.

Provided, however, that the permit shall be denied upon any of the grounds specified in this subsection (A)(2) of this section only if, in the opinion of the chief of police, contained in a recommendation to the director, the crime or act is substantially related to the qualifications, functions or activity of painting curb numbers. However, no person shall be denied a permit solely on the basis that he or she has been convicted of a felony if he or she has obtained a certificate of rehabilitation under State Penal Code Sections 4852.01, et seq., or that he or she has been convicted of a misdemeanor if he or she has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering a petition under Penal Code Section 4852.01, et seq.

B. Curb painting permits shall expire on the October 31st following the date of issuance unless sooner suspended or revoked, and shall be subject to renewal upon payment of a renewal fee set by resolution of the city council. Renewal may be denied for any reason which is grounds for denial, suspension, or revocation of the permit.

C. The director may suspend or revoke any permit issued hereunder whenever the director finds that any activity authorized by the permit is being conducted, maintained or carried on in a manner contrary to, or in violation of, any state law, this title or any other provision of the city code, or any condition imposed upon the granting of the permit, or in a manner which constitutes a nuisance, or is injurious to the public welfare. No permit shall be suspended or revoked until a hearing has been held by the director or the director's designated representative after no less than five days' written notice to the permittee at the address set forth on the permit or any other address which may be provided by the permittee.

D. Any applicant aggrieved by the director's decision to deny a permit, deny a renewal permit, suspend a permit or revoke a permit may appeal said decision to the city council by filing a notice of appeal with the city clerk within ten (10) days after the date the director's decision is issued and paying an appeal fee set by resolution of the city council. The city clerk shall cause such appeal to be referred to a hearing officer pursuant to the provisions of Title 2 of this code. The decision of the hearing officer shall be final. (Prior code § 38.01.011)

A. It is unlawful for any person to paint any house numbers on any curb unless said person has first obtained consent in writing from the property owner.

B. It is unlawful for any person to request, demand, solicit or receive any payment, compensation, donation or other consideration for the painting of house numbers on any curb unless, prior to the painting, such person secures from the property owner in front of whose premises the number is painted written consent to paint the curb and a written agreement to pay the amount requested, demanded, solicited or received.

C. No property owner or occupant of any property shall be liable for any payment, compensation, donation, or other consideration relating to the painting of house numbers on curbs in front of his or her premises unless the property owner agreed in writing prior to the painting to make such payment.

D. Any writing which purports to be a billing for services rendered in connection with the painting of house numbers on any curb shall contain on its face the text of subsections B and C of this section, in at least ten (10) point type.

E. It is unlawful for any person to receive any payment, compensation, donation or other consideration for the painting of house numbers on any curb before the painting has been completed and inspected by the property owner.

F. Any person who seeks consent to paint house numbers on a curb or who requests, demands, solicits or receives any payment, compensation, donation or other consideration for the painting of house numbers shall give to or leave with each property owner contacted a receipt or other document which sets forth the person's name, street address, telephone number, and city curb painting permit number.

G. Each employee, agent, representative or contractor of a curb painting permittee shall, at all times when engaged in activity covered by the permit, carry on his or her person and display upon request a copy of the valid permit pursuant to which he or she is operating. (Prior code § 38.01.012)

No person shall leave, place, deposit or cause to be left, placed or deposited in or upon any street, alley or public place within the city any wagon, cart, wood, lumber, casks, barrels, boxes, sacks of grain or vegetables, any goods, wares or merchandise of any character whatsoever, except building materials, and on completion of the building the owner or contractor shall remove all rubbish and material forthwith. (Prior code § 38.01.015)

It is unlawful for any person to willfully, maliciously, intentionally or deliberately destroy, break, mutilate, damage or attempt to destroy, break, mutilate or damage any street signs in the city erected by or on behalf of the city. (Prior code § 38.01.017)

It is unlawful for any person to throw or deposit any banana, orange, lemon or apple peeling or any substance whatsoever liable to endanger life or limb, on any sidewalk or other public place or conveyance in the city. (Prior code § 38.01.018)

No person shall operate any train or train of cars, or permit the same to remain standing, so as to block the movement of traffic upon any street for a period of time longer than five minutes. (Prior code § 38.01.021)

Pursuant to the authority granted by the state provided in Section 3359 of the Government Code, that certain area described as the slope on the north side of Sutterville Road between 23rd and 24th Streets in this city, facing Hughes Stadium, is withdrawn from the personal access and use of members of the public. It is unlawful for any person on or after August 18, 1961, to stand, loiter, or stay within such slope area, and anyone found therein without permission is hereby deemed to be a trespasser. (Prior code § 38.01.021-1)

A. Area Defined. The specific portion of Main Avenue within the city, which is the subject of this section, is described as follows: five hundred (500) feet west of Pell Drive, to a point approximately six hundred (600) feet west of Kelton Way, at the westerly terminus of the raised median island.

B. Restriping to Provide Temporary Two-Way Access. The defined area shall be restriped in such a manner as to provide temporary two-way access to properties fronting along the portion of Main Avenue which is within the defined area. Such other traffic control and warning signs and devices as in the judgment of the traffic engineer are appropriate, if any, shall also be installed.

C. Access Strictly Temporary. The two-way access provided for in this section shall be temporary, and shall establish no property rights or other compensable interest in the property adjacent to the defined area of Main Avenue, or in the present, past or future owners thereof. In the event that this section is repealed or other action is taken pursuant to the provisions of this chapter to terminate the temporary access, such action shall not be deemed to be taking or reduction or other alteration of the property rights of the properties adjacent to the defined area of Main Avenue, or the owners thereof.

D. Conditions. The city shall not take the action specified in subsection B of this section, unless each of the following conditions has been fully satisfied:

1. The requirements of the California Environmental Quality Act have been met with respect to the redesign of the defined area of Main Avenue.

2. The city council has approved the redesign project, based upon a complete report to the council from the director of public works, and the traffic engineer.

3. Each landowner of property adjacent to Main Avenue within the defined area shall have executed a written agreement with the city in a form satisfactory to the city attorney, in which each such owner agrees that the two-way access provided by this section is temporary and confers no property right whatsoever; that in the event of termination of two-way access pursuant to this section, there is no right to compensation for loss or diminution of access, or any loss or damage associated therewith; that the agreement shall be executed in such form as to be recordable in the office of the county recorder, and binding upon all successors in interest; that the city has the right to terminate the temporary access in accordance with the provisions of this section; that the landowner shall indemnify and defend the city against any and all claims of loss, injury or damage arising out of or related to the project and its design; and such other terms and conditions as the city may require in the agreement.

E. Termination. The city may, in its sole and exclusive discretion, without the necessity of a hearing or any specific notice to landowners adjacent to the defined area of Main Avenue, or to any other person or entity, terminate the temporary access provided for this section when any one or more of the following conditions exist, in the sole and exclusive judgment of the city:

1. Traffic safety problems or issues have arisen which, in the city's judgment, require termination of the temporary two-way access;

2. Traffic volumes along the defined area of Main Avenue exceed twenty-five thousand (25,000) vehicles per day;

3. Any one or more of the landowners of property fronting along the defined area, and who has executed or is bound by the agreement specified in subsection D of this section, has breached the agreement.

Termination of temporary two-way access provided in accordance with this section shall be accomplished by an ordinance repealing this section. (Prior code § 38.01.021-3)

Unless violation is otherwise specified to be a misdemeanor, a violation of any provision of this title is an infraction. (Prior code § 38.01.021-2)