San Bernardino Municipal Code Ch. 12.44 Obstructions

Section

Statutory reference:

For provisions authorizing cities to prevent encroachment and obstruction of city streets, see Cal. Gov’t Code, § 38775

It is unlawful for any person to deposit on any public street any bottles, broken ware, rubbish, waste paper, garbage, filth, refuse, dead animals or brine.

(Ord. 821, passed 8-9-1921)

It is unlawful for any person to deposit upon any paved street within the city any brine, salt, water containing any salts or any matter which is injurious to such pavement.

(Ord. 821, passed 8-9-1921)

(A) The public streets, sidewalks and crosswalks of the city, and the stairways, escalators, elevators, passageways and sidewalks in or surrounding public malls or buildings owned, operated or maintained by the city, and the entrances and exits to and from public halls, meeting places and public buildings within the boundaries of the city, being intended for the accommodation and convenience of the public, shall be kept and reserved free from all obstructions, including, but not limited to, obstructions by human beings.

(B) It is unlawful for any person to willfully and maliciously stand or sit in, obstruct or occupy any public street, sidewalk or crosswalk, or sit, stand in, obstruct or occupy any public stairway, escalator, elevator, passageway or sidewalk in or immediately surrounding a public mall or building owned, operated or maintained by the city, or stand, sit in, occupy or obstruct the entrance or exit to and from any public hall, meeting place and public building within the boundaries of the city, so as in any manner to obstruct the free passage thereon or to hinder, molest or annoy any person while passing along the same.

(C) Any person who violates any provision of this section is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010.

(Ord. 120, passed 9-13-1892; Ord. 3711, passed 3-7-1978; Ord. 3950, passed 7-9-1980; Ord. MC-460, passed 5-15-1985)

(A) It is unlawful for any person to drain water or to permit water to be drained, or to cause or permit water, except rainwater, to flow or escape from his or her lands onto any public street, alley, way, highway, park or other public place by any means which results in damage to the street, alley, way, highway, park or other public place, or which causes interference with or damage or hazard to public travel or use. It is unlawful to place, or cause to be placed, in any street, alley, way, highway, park or other public place any obstruction which causes interference with, or damage or hazard to, public travel or use.

(B) Any person who violates any provision of this section is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010.

(Ord. 151, passed 1-16-1894; Ord. 2347, passed 3-27-1961; Ord. MC-460, passed 5-15-1985)

The existence of anything prohibited by § 12.44.040 is a nuisance, and it shall be the duty of the Marshal or any police officer, or the Director of Public Services, to immediately abate such nuisance upon knowledge of its existence.

(Ord. 151, passed 1-16-1894; Ord. MC-344, passed 2-22-1984)

Whenever any domestic or domesticated animal is killed or dies within this city, the owner or person having possession, charge or control thereof shall, immediately after its death, dispose of the dead body or carcass of such animal so that it shall not become a nuisance or in any way injurious to health, or indecent or offensive to the senses. No person shall throw into or place or deposit upon any public park, street, alley or other highway or public place, except in such place or places as may be designated by the proper officer, any broken ware, rubbish, garbage or filth.

(Ord. 151, passed 1-16-1894)

Every owner or occupant of any house or houses, or other premises in this city, or person having possession, charge or control thereof, shall keep the house or houses, or other premises, and the premises around and about such house or houses, clean of all filth or anything creating offensive odors or detrimental to health.

(Ord. 151, passed 1-16-1894)

Any person violating any provision of §§ 12.44.040 through 12.44.070 is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010.

(Ord. 151, passed 1-16-1894; Ord. MC-460, passed 5-15-1985)

It is unlawful for any person, firm or corporation to use or make use of the public sidewalks of the city for the display of goods, wares or merchandise or to leave or permit to remain upon any portion of the public streets of the city any goods, wares, merchandise, boxes, barrels, cases, packages, trucks or such other objects or things as will obstruct or prevent the free use and passage thereon.

(Ord. 475, passed 2-13-1912)

Goods, wares and merchandise delivered or received upon the public sidewalks of the city shall immediately be taken or removed therefrom by the owner or person in charge thereof; provided that goods, wares or merchandise received in bulk or packages of such size or weight that the same cannot be immediately removed, as aforesaid, the owner or person in charge thereof shall remove or cause the same to be removed within four hours from the time of delivery thereof; and provided, further, that pending such removal of such goods, wares or merchandise, the same shall occupy the outer edge or space of the sidewalk, the inner line of such space shall be parallel with the curb line and not more than three feet distant therefrom.

(Ord. 475, passed 2-13-1912)

No provision of §§ 12.44.090 through 12.44.120 shall be construed to prohibit the projection of signs over public property in conformity with Ords. 1991 (Title 19, Zoning) (now replaced) and 2623 (Chapter 16.04) or other ordinances and laws in effect in the city.

(Ord. 475, passed 2-13-1912; Ord. 2997, passed 7-1-1969)

Any person violating any provision of §§ 12.44.090 through 12.44.110 is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with § 1.12.010.

(Ord. 475, passed 2-13-1912; Ord. MC-460, passed 5-15-1985)