Sacramento Municipal Code Ch. 12.24 Sidewalk Obstructions and Pedestrian Interference

Sections:

* Prior history: prior code §§ 38.06.061-38.06.070-1.

"City manager" means the city manager or designee.

"Director" means the director of public works or designee.

"Sidewalk" means the portion of the public right-of-way - including any landscaped areas - between a building or other property and the roadway, set apart for pedestrian travel by curbs, barriers, markings, or other delineation. (Ord. 2022-0023 § 2)

A. No person shall obstruct, or cause to be or obstructed, any sidewalk by erecting, placing or maintaining signs, posts, structures or other obstructions of any kind except as otherwise provided in this code. The city manager may remove such obstructions 8 hours after notice to the owner or person in charge of the obstructions. If the owner or person in charge of the obstruction cannot be readily located for the purpose of providing notice, the city manager may remove the obstruction to a suitable location and store the obstruction at the expense of the owner or person in charge of the obstruction.

The city manager may enforce this subsection without notice in the event of an immediate threat to the public health, safety, or welfare.

B. No person, after first being ordered to move by the city manager and being offered a location to place or store the person's possession that is not in violation of the provisions of this code, shall obstruct a sidewalk in a manner that:

1. Leaves less than four feet of width for the accommodation of pedestrians or vehicles;

2. Blocks the lawful passage of a vehicle; or

3. Requires another person or a driver of a vehicle to take evasive action to avoid physical contact.

The city manager may enforce this subsection without first issuing an order to move and offering a location to place or store the person's possession, in the event of an immediate threat to the public health, safety, or welfare.

C. No person shall conduct or manage any place of business in a manner that hinders or obstructs the free passage of pedestrians along a sidewalk, or that blocks the entrance or prevents free ingress and egress into or from any other place of business.

D. No person, after first being ordered to move by the city manager and being offered a location to stand, sit, lie, or place an object that is not in violation of the provisions of this code, shall stand, sit, lie, or place an object on any portion of a sidewalk within four feet of the entrance to a building in a manner that blocks the entrance or prevents free ingress or egress into or from the building. However, the city manager may enforce this subsection without first issuing an order to move and offering an alternative location to stand, sit, lie, or place an object, in the event of an immediate threat to the public health, safety, or welfare.

E. Nothing in this section prevents merchants or persons who receive or deliver goods for a merchant from using the sidewalk in front of the merchant's premises for that purpose. (Ord. 2022-0023 § 2)

The director may, on proper written application, grant a revocable permit for the erection and maintenance of certain benches for the use of the public, to be placed on public sidewalks at places that the director designates within the city, in a manner that does not interfere in any way with the use of the sidewalk by pedestrians. (Ord. 2022-0023 § 2)

Sidewalk benches shall be erected and maintained in a manner that conforms with the specifications required by the director, and shall be constructed and erected under the supervision of the director. (Ord. 2022-0023 § 2)

The granting of the permit to maintain sidewalk benches shall be conditioned on the execution by the holder of the permit of a contract to save the city harmless from any liability which might arise by reason of the erection and maintenance of such benches. (Ord. 2022-0023 § 2)

The director may, on proper written application, grant a temporary permit for the erection of temporary structures or signs during public celebrations; provided, that the structures or signs do not in any way interfere with the use of the sidewalk by pedestrians and that the structures or signs are immediately removed when they are no longer necessary. (Ord. 2022-0023 § 2)

A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to chapter 1.28.

B. Violations of this chapter are hereby declared to be a public nuisance.

C. Any person who violates a provision of this chapter is liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues.

D. Any person who violates a provision of this chapter is guilty of a misdemeanor.

E. All remedies prescribed under this chapter 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 chapter. (Ord. 2022-0023 § 2)