Sutter Creek Municipal Code Ch. 13.12 Obstructions to Public Ways

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State Law reference— For the statutory provisions authorizing cities to regulate the suspension of signs, etc., over sidewalks and alleyways, see Gov. Code §38774(b).

It is unlawful and a misdemeanor to obstruct or cause to be obstructed any part of, or any part of the public use of any part of any public street, highway, avenue, sidewalk, crosswalk or bridge. The following things are obstructions and nuisances within the meaning of this section:

A. Signs, projections, rods, brackets or apparatus for displaying signs or other purposes which being over any part of any sidewalk, are less than eight feet above the main traveled grade or level of the sidewalk;

B. The use of any part of a sidewalk by the occupant of an abutting tenement for the purpose of storing, displaying, maintaining or exhibiting merchandise;

C. The use of any part of a sidewalk or street by the occupant of an abutting tenement for the purpose of exhibiting advertisements by means of tables, boxes, boards or any device, or apparatus resting upon the sidewalk or streets;

D. Maintaining or using upon any part of any public sidewalk or street any stand, shed, platform, box, table or structure for the purpose of carrying on therein or thereon any business, trade or occupation.

E. Any balcony, or porch, which being over any of the public ways is not supported by substantial, safe and secure appliances so placed as not to interfere with the free passage or use in the customary manner, of the public ways; and

F. To place or use in or upon any part of any sidewalk or street any campstools, benches, chairs, sofas or other obstructions or impediments to the free use and passage along and throughout any part of the entire width and length of such street or sidewalk.

G. Fences, hedges, plants, shrubs and bushes; and trees limbs less than eight feet above the main traveled grade or level of the sidewalk.

In addition to any other remedy provided by law, the public works department, after written notice to the property owner and providing a reasonable time for the property owner to remove the obstruction or abate the nuisance, shall have the right, but not the obligation, to remove or cause the removal of any obstruction or nuisance created in violation of this section and impose a lien on real property from which the obstruction or nuisance is being created in an amount sufficient to recover the city's reasonable costs of removing the obstructing and/or abating the nuisance.

(Ord. 52 §1(part), 1926; Ord. 282 (part), 1997; Ord. 303 §1, 2004)

A. The following named things are declared not to be obstructions or nuisances within the meaning of this chapter:

1. An obstruction caused by a public officer or public employee in pursuance of his or her duty or employment as such officer or employee;

2. The use of a sidewalk or street by or for the occupant of an abutting tenement for the purpose of transferring merchandise and other articles between such tenement and the roadway during the time necessary for such transfer if prosecuted consecutively and with reasonable diligence;

3. An obstruction authorized or permitted by the terms of any franchise, ordinance or resolution of the city council, law or special permit;

4. Wall-mounted boxes for plants and flowers are permitted upon approval of the city council as long as they comply with the requirements of the Americans with Disabilities Act;

5. Benches shall be permitted upon approval of the city council and shall be located where a clear pedestrian travel way is possible as required by the Americans with Disabilities Act;

6. A sandwich board sign placed in conformance with section 15.16.080(H).

B. The city council may grant special or written permits of the use of public sidewalk and streets for all proper purposes, and on public occasions, which permission shall fix the time and place and restrict the manner of the use of the sidewalks and streets. It shall be the duty of the city clerk to attest the written permits with his or her signature and to keep a record of same.

(Ord. 52 §1(part), 1926; Ord. 282 (part), 1997)

Any person violating any of the provisions of this chapter is guilty of an infraction and upon conviction thereof shall be fined any sum not to exceed fifty dollars.

(Ord. 52 §2, 1926; Ord. 282 (part), 1997)