San Mateo Municipal Code Ch. 17.08 Obstructions—litter

For provisions relating to street standards, see Chapter 21.36 of this code.

For the statutory provisions regarding the prevention by a city of encroachments on city streets, see Gov. Code § 38775. For provisions relating to liability for injury, see Chapter 15.20.

No person shall throw into, or deposit upon, any street, or in the bed, or on the banks of any creek, lagoon, storm drain, or any other part of any public grounds, within this City, except in such places as may be designated for that purpose by the Council, by ordinance or otherwise, any glass, broken ware, empty cans, dirt, rubbish, garbage, filth, oil, gasoline, solvent or other petroleum distillates or any other flammable, poisonous or noxious matter, nor shall such material be deposited in private premises where such deposits would become a public nuisance. No person shall empty, or throw, or deposit, in any manhole, catch basin, sump or flushing hole of any sewer or storm drain any glass, broken ware, hay, straw, dirt, rubbish, garbage, filth, butcher's offal, or any animal or vegetable matter, or oil, gasoline, solvent or other petroleum distillates or any other flammable, poisonous or noxious matter.

prior code § 66.01

No person shall place or cause to be placed, anywhere upon any public way, right-of-way, street, or sidewalk, and no person owning, occupying, or having the control of any premises shall suffer to remain in front thereof, upon any sidewalk, in the public right-of-way, of the half of the street or way next to such premises any appliances, furniture, bench, inoperable vehicles, boats, machinery, foods, merchandise, implement box, debris box, mailbox, or other object, which shall be an obstruction for more than one hour at a time.The foregoing shall not apply to:

(a) Goods or merchandise in actual course of receipt, delivery, or removal;

(b) Ornamental trees and planter boxes placed along the outer line of the sidewalk, behind the curbs under permit or direction of the Superintendent of Streets;

(c) Barriers for the protection of permitted ornamental trees;

(d) Poles erected under franchises obtained from the City or other authority;

(e) Hydrants or other objects erected by permission or direction of the City;

(f) Clocks or fountains erected for the accommodation of the public under permit or direction of the Superintendent of Streets;

(g) Debris boxes and materials used in the construction, repair, or demolition of any building; if such debris boxes and materials are permitted by the Superintendent of Streets under permit issued in the manner, and meeting the requirements and conditions of Sections 17.08.070, 17.08.080, and 17.08.090, including the posting of bonds and insurance meeting the City's minimum requirements. Such permit shall require the placement of necessary barricades and sufficient nighttime warning lights and/or reflectors;

(h) Garbage and rubbish containers conforming to the specifications of the City Engineer may be placed on sidewalks or gutters in direct proximity to the curb on scheduled garbage collection days between the hours of 5:00 a.m. and 8:00 p.m. and during "Annual Cleanup" weeks in accordance with published annual cleanup regulations;

(i) Bus benches and passenger waiting shelters erected by a public transit agency that conform to State building standards and do not cause a pedestrian or vehicular hazard; and

(j) Restaurant seating and associated means of delineating the physical extent of the seating area conforming to the standards set forth in Section 27.85.030 and under permit or direction of the Superintendent of Streets.

prior code § 66.02

Each person shall sweep up and forthwith remove from any street any and all pieces, bits or particles of glass, porcelain or like material which ever formed a portion of any bottle, electric insulator or other object of glass, porcelain or like material which had been conveyed, carried or handled by him or her at either at, or shortly before, the time of its breakage.

Prior code § 66.05

An applicant for an encroachment permit shall file a certificate of insurance evidencing insurance coverage for bodily and property damage liability in such amounts as may be requested by the City.

No person shall place or use, or cause to be placed or used, any material, machinery or apparatus for building, paving, construction, excavation, demolition or other purposes, on any street, sidewalk or public place, without a permit having been first obtained from the Superintendent of Streets. Such permit shall specify the portion of the sidewalk or street to be used and the period of such use, as well as the equipment to be used and the purpose for which it is to be used. The permit shall also specify the condition to which the street, sidewalk or public property must be restored.

prior code § 66.08

(a) The permit and specifications for restoration mentioned and required by the provisions of Section 17.08.070 shall be in such form as may be specified by the Superintendent of Streets, and shall be granted and issued upon the deposit, with the application therefor, with the Superintendent of Streets, of bond or cash deposit in an amount and form to be fixed and determined by the Superintendent of Streets, of bond or cash deposit in an amount and form to be fixed and determined by the Superintendent of Streets, but not to exceed the actual cost of all work to be done in the encroachment area, including restoration, but not less than $5,000.00 in any event, together with evidence of the insurance of coverage required by subsection (c) of this section. The bond or cash deposit shall guarantee to the City that the permittee will comply with the terms and conditions of his or her contractual obligation assumed in accepting the permit and will remove, or cause to be removed, all dirt, debris, or materials of any kind from the street, to the satisfaction of the Superintendent of Streets, immediately upon the completion of the proposed work, or at such time prior thereto, when, in the judgment of the Superintendent of Streets, the public interest and convenience will be subserved by the removal of the same, or any portion thereof, and that said person will repair all damage done by him or her to the street, gutter, curb, sidewalk, or any City property, and complete such further restoration as may be specified on the permit. On the completion of the removal of such dirt, debris and materials, and the repair of all damage done to the street, gutter, curb, sidewalk, or any City property, and required restoration thereof to the satisfaction of the Superintendent of Streets upon inspection, at the request of the permittee, the bond shall be released or the amount so deposited shall be returned to the person making the deposit. Such release or return of bond or deposit shall not waive any rights of the City nor obligations of the permittee as to any latent or concealed defect in any repair or restoration which was, or should have been, performed under the permit. Where latent or concealed defects are discovered after the permittee has had his or her bond released or deposit returned, the Superintendent of Streets shall notify the permittee of this discovery, who shall, within three days of such notification, undertake to correct such defects as exist, or shall be liable to the City for the cost of performing, or having performed, such correction.

(b) Upon the failure or neglect of the permittee to remove or cause to be removed to the satisfaction of the Street Superintendent, such dirt, debris or materials, or to complete such restoration as required by the permit, as aforesaid, upon the completion of the proposed work, or within three days after being notified to do so by the Street Superintendent, the money so deposited as a guaranty, or so much thereof as may be necessary, shall be used by the Street Superintendent in the removal of such dirt, debris or materials, or to complete such restoration as required by the permit. If the amount on deposit should be inadequate, or has been returned or released, the Superintendent of Streets shall cause the permittee to be billed by the City for the full amount of such costs borne by the City, including administrative overhead, as are incurred in performing, or having performed, the work for which the permittee is obligated to have performed hereunder.

(c) The application shall also require the applicant to indemnify, defend and hold harmless the City of San Mateo, its officers, agents and employees from any and all claims of loss or injury of any nature whatsoever which may arise out of the applicant's use of, and activities under, the privilege granted him or her by the permit. The applicant shall also be required to file with the City a policy or certificate of insurance naming the City, its officers, agents and employees as additional insureds in an amount to be fixed by the Superintendent of Streets, but not less than $300,000.00 per occurrence. No permit shall be granted until evidence of such coverage has been filed with the City.

prior code §§ 66.09, 66.10

Permittee shall at all times properly barricade such material, machinery or apparatus for which such permit shall have been issued, and shall properly safeguard same by placing thereon in the nighttime sufficient warning lights and/or reflectors.

prior code § 66.11

The Superintendent of Streets may revoke the permit of any permittee of the City who fails in the performance of any duty imposed by this chapter. Before revoking any such permit, the Superintendent of Streets shall notify the permittee to appear before him or her and show cause why the permit should not be revoked, such notice to be given at least five days before the hearing. Any permittee whose permit is revoked hereunder shall be ineligible to receive a new permit for a period of six months after the date of its revocation. The provisions of this section shall not affect any punishment imposed under this code.

prior code § 66.06

(a) It is unlawful for any person to paint or place, or cause to be painted or placed, any address or other writing or graphic work upon any public curb, gutter, sidewalk, street, or highway in the City without first obtaining an encroachment permit to do so from the Superintendent of Streets. This subsection does not apply to painting by public agencies or public utilities.

(b) The Superintendent of Streets shall maintain rules and regulations governing the painting of addresses on curbs in the City, and such rules and regulations shall be submitted by the Superintendent of Streets to the Public Works Commission for approval. It is unlawful for any person to paint, or cause to be painted any address on any curb in the City in a way that does not comply with these rules and regulations. The Superintendent of Streets is hereby authorized to issue a City-wide encroachment permit to persons applying for such a permit for the painting of addresses on curbs in accordance with these rules and regulations.

(c) It is unlawful for any person to deface, alter, or obscure any address painted on a curb in the City without the express written or oral permission of the owner of the parcel of real property in front of which the curb address is located, and without further obscuring the entire address so as to avoid any confusion over the address.

(d) It is unlawful for any person to paint or place, or cause to be painted or placed, any address or other writing, without first obtaining the express written or oral approval of a person apparently in charge of the parcel of real property in front of which the curb address or other writing is to be painted or placed.

(e) It is unlawful for any person to solicit or offer to paint or place, or cause to be painted or placed, any address or other writing upon any public curb in the City without fully disclosing the charges to be made for this service.

No person, owner or occupant of any store, shop, office or other place of business, shall use, authorize, or cause the use of any part of the sidewalk of any public street for the display of fruit or vegetables, or of any goods, wares or merchandise of any kind whatsoever, except temporary sidewalk sales or displays may be allowed in commercial districts only with a special permit of the City Manager subject to meeting the following terms and conditions:

(a) Permits may be granted only to organized merchant groups which have existed as such for at least one year and who can furnish the required insurance coverage and be held legally accountable for meeting all conditions of the permit, except that special features may be allowed, such as art shows, refreshment stands and entertainment, provided they are sponsored by the merchant groups, included in their insurance coverage, and comply with Title 5 of this code by obtaining the additional permits and pay the required business license fees.

(b) Applications for temporary sidewalk sales or displays shall be accompanied by a permit fee of $50.00 to partially defray City costs of inspection and supervision and evidence of insurance coverage of the minimum City requirements in which the City shall be named as a joint assured.

(c) Permits may not be granted for a period in excess of three successive calendar days, nor for the same merchants group at the same general location more than once each six months.

(d) All encroachments upon the sidewalk permitted hereunder shall be so arranged as to allow free and safe passage thereon to all persons and otherwise meet all requirements of the Fire, Police and Community Development Departments.

(e) Signs may be permitted in such type, size and manner of display as in the discretion of the City Manager shall be reasonably necessary and justifiable, as exceptions to the requirements of Title 25 of this code.

(f) Such other terms and conditions to provide for the controls upon use of the sidewalks as shall be reasonably necessary in the public interest of health and safety.

(g) The limited permit authorized herein shall be in addition to all other permits allowed by this code; and the issuance thereof shall be an exception to all other provisions of this code and shall not be in violation of the zoning ordinances of the City or any zoning provisions of this code.

prior code § 66.12

The Superintendent of Streets may issue such permits, permitted by this chapter, with such modification as he or she may deem advisable, or deny such applications for permits, or revoke an issued permit as set forth in this chapter. Each application for such permit must be accompanied by a fee in an amount as shall be set by resolution of the Council.If such permit has been denied, granted with modification, or revoked, the applicant or permittee is dissatisfied with the denial, order for such modification, or revocation, he or she may appeal therefrom to the Public Works Commission.The appeal must be filed, in writing, within 10 days after such action. If an appeal is not filed within such period, applicant shall be barred for a period of six months from date of the original application from making further application with reference to the same matter. The appeal shall be filed within such period with the Commission Secretary, who shall set the hearing thereon for the next regular meeting of the Commission, provided such next regular meeting is to be held not less than 10 days from the date of filing such appeal. If such meeting is to be held within less than 10 days thereafter, such hearing shall be set for the regular meeting next subsequent thereto. At the hearing, the Commission shall receive all evidence offered by applicant and the Superintendent, and may hear other evidence with reference thereto, and may continue such hearing from time to time. At the conclusion of such hearing, the Commission shall make its findings thereon. If it finds that the granting or restoration of such permit, without modification, or otherwise, will not be injurious to the public health, safety or welfare, it shall refer the appeal with its findings and recommendations to the City Council. Otherwise, it shall affirm his or her order, and the applicant may then appeal to the Council. The decision of the Council shall be final and conclusive. Appeal to the City Council shall be made within the same period of time and manner as to the Commission, except that the filing shall be with the City Clerk.No portion of the application fee shall be refunded except where the application is rejected and the rejection is not successfully appealed, in which case 50% of the fee shall be refunded.

Nothing in this chapter shall be deemed to interfere with the right of owners or occupants of premises to make a reasonable use of the sidewalk for the purpose of loading or unloading vehicles.

Prior code § 66.14

When the use of a sidewalk or street for any of the purposes specified in this chapter requires the removal of parking meters, the applicant for a parking meter removal permit shall pay the City the full cost of the removal and replacement of each meter necessarily removed and replaced. In addition, the applicant shall pay to the City a separate charge for loss of meter revenues, per meter, for each week or portion thereof that the meters are removed, payable prior to issuance of the permit. The charge shall be at the per meter rate established by City Council resolution.

prior code § 66.15

It is unlawful for any person to make any but emergency repairs to any vehicle, as defined in the Vehicle Code, upon any portion of any property within the City owned, leased, or otherwise held by any public agency, except with the express permission of the public agency owning, leasing, or holding that property. As used in this section, "emergency repairs" means those repairs which are immediately necessary to put the vehicle into operable condition. In no event shall such emergency repairs be conducted for a period in excess of six hours. This section shall not be construed to amend or change any other laws of the City or the State, including, but not limited to, laws regarding trespassing, hours of closure, and obstructing public ways.

prior code § 66.16

It is unlawful for any person to park any vehicle on public property, if that person knows that the vehicle leaks oil, gasoline, transmission fluid, brake fluid, radiator fluid, or other fluid to such a degree as to cause a hazard or to cause damage to the public property. For purposes of this section, public property specifically includes, but is not limited to, public streets and public parking areas.

(a) It is unlawful to place or leave a camper shell or vehicle part on a street.

(b) Except pursuant to a permit under Section 17.08.070, it is unlawful to place or leave a debris box on a street.

(c) The Police Department may cause removal from a street, at the owner's expense, of any camper shell, vehicle part, or unpermitted debris box. The person engaged by the Department to effect the removal shall have a possessory lien for the reasonable cost of removing and storing the shell, part or box, and shall promptly ascertain the name and address of the owner and bill the owner for such cost by certified mail, return receipt requested, and having done so is authorized to sell the shell, part or box at private sale if the bill is not paid within 60 days after the billing, any sum received at such sale in excess of said reasonable cost to be remitted to the owner. A copy of this section shall be enclosed with the bill.

As used in this chapter:

(a) "Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a street, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

(b) "Owner" includes registered owner.

(c) "Vehicle part" includes, but is not limited to, motor, radiator, transmission, hood, gas tank, door, wheel.

(d) "Street" includes sidewalk, curb and gutter.