Article 10-05

OBSTRUCTIONS

Sections:

(a) No person shall place, deposit or dump or cause to be placed, deposited or dumped any dirt, rocks, gravel, mud or other objects of any nature or description on the traveled portions of any City street or highway. No person shall place, deposit or dump or cause to be placed, deposited or dumped any dirt, rocks, gravel, mud or any objects of any nature or description whatsoever in, on or against or in such a manner as to obstruct any natural or artificial storm drains running through or under any City street or highway.

(b) Pursuant to Article 3-15 or Article 3-20 of this Code, the Maintenance Director may remove any such dirt, rocks, gravel, mud or any other objects of any nature or description from such traveled portions of streets and highways and from such storm drains or areas adjacent thereto which would tend to cause a clogging or stoppage of such storm drains, and the person or principal or the employee of such person causing such dirt, rocks, gravel or mud or any other objects to be so placed, deposited or dumped shall be liable to the City for any expense in connection with the removal thereof. For the purposes of this Section, all references in Article 3-15 and 3-20 to the City Manager shall be deemed to refer to the Maintenance Director.

The following is a nonexclusive list of obstructions which, under this Article, are deemed to obstruct the view from vehicles traveling on public streets and the passage of pedestrians on the sidewalks, and the same are declared to constitute a public nuisance:

(a) Any tree, hedge, shrub or structure overhanging a public street or sidewalk, the lowest part of which is less than ten feet above such street or sidewalk.

(b) Any tree located within a triangle having sides fifty feet in length from a street intersection, as measured from intersecting curb lines or intersecting edges of the street pavement where no curb exists, the limbs of which are less than ten feet above the ground surface.

(c) Any hedge, shrub, sign or other structure located within a triangle having sides fifty feet in length from a street intersection, as measured from intersecting curb lines or intersecting edges of the street pavement where no curb exists, the overall height of which is more than three feet above the established grade of the adjoining street.

(d) Any vegetation, structure or object which is so situated as to in any manner interfere with the unobstructed view by motorists, bicyclists or pedestrians of approaching or intersecting traffic or the view of traffic control devices or directional signs placed upon any street or right-of-way for the safety of the public.

The Maintenance Director, upon determining that one or more of the nuisances prohibited by this Article exist or that any other obstruction to the passage of vehicles or pedestrians at intersections exists on premises within the City, shall give written notice to the owner, tenant or person having charge or control of the premises to remove therefrom the nuisance so designated therein, and it shall be unlawful for the owner, tenant or person having charge or control of such premises to neglect or fail to remove therefrom such obstruction within ten days after the service upon him of such notice.

No person shall loiter, stand or sit in or upon any public highway, street, alley, sidewalk or crosswalk so as to in any manner hinder or obstruct the free passage therein or thereon of persons or vehicles passing along the same or so as to in any manner annoy or molest persons passing along the same.

No person shall use the paved surface of any sidewalk or pedestrian walkway or pathway in any commercial zoning district in the City for other than pedestrian traffic, nor for other than pedestrian traffic, nonmotorized bicycles and the walking of horses in any other

(Saratoga Supp. No. 44, 12-18)

195

10-05.050

zoning district of the City. Without limiting the foregoing, and by way of illustration only, these provisions are intended to prohibit the stopping, standing or parking of any motor scooter, motorcycle, automobile or other motor vehicle over or upon any sidewalk or pedestrian walkway or pathway; and to prohibit the operation of any motor scooter, motorcycle, automobile or other motor vehicle, and the trotting, running or galloping of horses, along or upon any such sidewalk, pedestrian walkway or pathway, except when necessary to cross over the same to enter upon or exit from a public street.

No person shall sell or offer for sale on public streets, sidewalks or rights-of-way any goods, wares or merchandise from vehicles, wagons, pushcarts, stalls, booths or other methods, unless such activity by that person is specifically authorized by a special event permit issued pursuant to Article 10-10 of this Chapter or a temporary use permit issued pursuant to Article 15-60 in Chapter 15 of this Code.

The violation of any provision contained in this Article shall constitute an infraction and a public nuisance, subject to the penalties as set forth in Chapter 3 of this Code, including the remedy of summary nuisance abatement pursuant to Article 3-20, where appropriate.

196

(Saratoga Supp. No. 44, 12-18)

10-10.030