Temple City Municipal Code Ch. 4 Streets and Sidewalks

As used in this chapter, the following terms shall be defined as set forth herein:

BENCH: A seat located upon public property along any public way for the accommodation of passerby or persons awaiting transportation.

BUSINESS: Means and includes any type of product, goods, service, performance or activity which is provided or performed, or offered to be provided or performed, in exchange for money, labor, goods or any other form of consideration.

EMPLOYMENT: Means and includes services, industry or labor performed by a person for wages or other compensation or under any contract of hire, written, oral, express or implied.

SIDEWALK: The space between the curb line of the street and the inside property line, whether covered with a cement walk or not.

SOLICIT: Means and includes any request, offer, enticement or action which announces the availability for or of employment, the sale of goods, or a request for money or other property or any request, offer, enticement or action which seeks to purchase or secure goods or employment, or to make a contribution of money or other property. As defined herein, a solicitation shall be deemed complete when made, whether or not an actual employment relationship is created, a transaction is completed, or an exchange of money or other property takes place.

STREETS: Any public thoroughfare or way including the sidewalk, the parkway and any other public property bordering upon a public way. (1960 Code; amd. Ord. 94-764)

It shall be unlawful for any person to deposit or cause or permit to be deposited in or upon any public street, alley, sidewalk or other public place any filthy water, rubbish, sweepings from any store or house, contents of a cuspidor, any putrid substance of any kind, tacks, nails or broken glassware. (1960 Code)

It shall be unlawful for any person to fail, refuse or neglect to keep the sidewalk in front of his own house, place of business or premises in a clean and wholesome condition. (1960 Code)

It shall be unlawful for any person having charge or control of any lot or premises in the city, whether as owner, lessee, tenant, occupant, or otherwise to allow any limbs, twigs or leaves of any bush, or tree growing in or upon the sidewalk or any public street or alley in front of such lot or premises or upon any premises abutting upon such sidewalk to interfere with or obstruct the free passage of pedestrians along such sidewalk, public street or alley. Whenever any bush, or tree growing in or upon any premises in such a manner that any portion thereof shall ever hang over any sidewalk, public street or alley, or growing in or upon any such sidewalk is greater than fifteen feet (15') in height, the lower limbs, twigs and leaves of such bush or tree shall be kept removed at all times, so that at no time shall any portion of street or alley, and whenever any such limbs, twigs or leaves of such bush or tree shall be kept at all times so that the same are not interfering with or obstructing the free passage of pedestrians or vehicles along such sidewalk, street or alley. (1960 Code)

It shall be unlawful for any person having charge or control of any lot or premises whether as owner, lessee, tenant, occupant or otherwise, to allow any vegetation to grow or exist along or upon the sidewalk or public street in front of such premises in such manner as to interfere with or obstruct the free passage of pedestrians along such sidewalk, street or alley. (1960 Code)

It shall be unlawful for any person having charge or control of any lot or premises in the city, either as owner, lessee, tenant, occupant or otherwise to allow any soil, trash, rubbish, garden refuse, tree trimmings, ashes, tin cans or other waste or refuse to remain upon or in any public street or alley or upon any sidewalk abutting on such lot or premises, or to interfere with or obstruct the free alleys or streets. (1960 Code)

It shall be unlawful for any person having charge or control of any lot or premises, either as owner, lessee, tenant, occupant or otherwise, to erect or maintain or permit to be erected or maintained any barbed wire fence along any sidewalk or along any property line abutting on any sidewalk nearer than seven feet (7') above such sidewalk. (1960 Code)

It shall be unlawful for any person in the city to place or cause to be placed anywhere upon any public street, way or sidewalk, or for any person owning, operating or having control of any premises, to suffer to remain in front thereof upon the sidewalk or portion of the street, alley or way next to such premises, any boxes, bales, barrels, goods, wares, merchandise, wood, lumber or any other thing obstructing the free use or passage of such street, way or sidewalk, provided that any person may display goods, wares and merchandise on the portion of the sidewalk within one and one-half feet (11/2') from the property line, and also provided, that goods, wares and merchandise actually in transit may be allowed on the outer one-third (1/3) of the width of any sidewalk, between the hours of eight o'clock (8:00) P.M. and eight o'clock (8:00) A.M. of the next day. (1960 Code)

It shall be unlawful for any person having control of any lot or premises whether as owner, lessee, tenant or occupant or otherwise, or any agent or any employee of any such person, to cause or to permit any water to run or drain across or onto or upon or to stand on any sidewalk, street, or alley abutting on such lot or premises, except such water as is actually and necessarily used in washing or cleaning such sidewalk or street, and except for a reasonable amount of water which may be occasioned by sprinkling of lawns or shrubbery. The draining of swimming pool water is expressly prohibited by this section, except where specific written permission has been granted by the city manager of the city of Temple City. (1960 Code)

It shall be unlawful for any person to throw or deposit tacks, broken glassware or nails, upon the sidewalks, street, avenues, alleys or other public places in the city. (1960 Code)

It shall be unlawful for any person to cut, carve, hack, hew or otherwise deface any sidewalk, curb, gutter or pavement on any public street in the city. (1960 Code)

Any obstruction in or upon any street, alley, sidewalk or other public place or maintained thereon shall be deemed to be a public nuisance and be treated as such. (1960 Code)

It shall be unlawful to place any sign or signs upon any sidewalk, including, but not limited to, signs placed on chairs, stands, boxes or racks which are movable. The city shall cause to be removed forthwith any sign placed upon any city sidewalk not placed pursuant to proper resolution or ordinance of the city, and any sign or signs so removed shall be retained by the city for a period of five (5) days, in which time the owner thereof may have same returned. In the event the owner of any moved signs shall fail to claim same within the said five (5) day period the city shall dispose of such sign or signs as it shall deem fit. In the event the owner of any sign or signs shall place same a second time upon any city sidewalk, the city shall dispose of same as it shall deem fit. (1960 Code)

This section regulates the activity of soliciting employment, business or contributions by occupants of moving vehicles from persons standing on public streets and sidewalks, as well as persons standing in the public streets and sidewalks soliciting occupants of moving vehicles. (Ord. 94-764)

A. It shall be unlawful for any person to engage in any aggressive panhandling on any public property, including any city park, city building, and public street, highway, sidewalk, or public right-of-way.

B. This section does not apply to charitable or religious solicitations that is not aggressive, as defined in this section and covered by Chapter 4-6.

C. This section does not apply to protected speech activities or other activity protected by law.

D. "Aggressive panhandling" means any of the following:

1. Approaching or speaking to a person, or following a person before, during or after soliciting, if that conduct is likely to cause a reasonable person to:

a. Fear bodily harm to oneself or to another, damage to or loss of property, or

b. Otherwise be intimidated into giving money, goods, or other things of value;

2. Intentionally touching or causing physical contact with another person or an occupied vehicle without that person's consent in the course of soliciting, asking or begging;

3. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact in the course of soliciting, asking or begging;

4. Using violent or threatening gestures toward a person before, during or after soliciting; or

5. Persisting in closely following or approaching a person, after the person solicited has been solicited and informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the panhandler.

E. Definitions. "Panhandling" means to ask for or solicit money, property, or other favor, regardless of value.

F. Each and every violation of this Section, shall constitute a separate violation, a public nuisance, and shall be subject to all remedies and enforcement measures authorized by this Code.

(Ord. 19-1035; amd. Ord. 24-1075)

It shall be unlawful for any person, while the occupant of a moving vehicle, to solicit, or attempt to solicit, employment, business or contributions of money or other property, from a person who is within the public right of way, including, but not limited to, a public street, highway, sidewalk or driveway. (Ord. 94-764)

ARTICLE B. STREET BENCHES

SECTION:

No person shall place, install or maintain any bench on any street within the city, without first obtaining a written permit therefor from the city. A separate permit shall be obtained for each bench, which permit shall be valid only for the particular locations specified thereon. There shall not be more than two (2) benches at any one location. (1960 Code)

Application for permit must be submitted in writing to the city for each bench and must show:

A. The name and address of the applicant;

B. The location where the bench is to be placed;

C. A description of the bench showing its type, general dimensions and material construction;

D. A description of the advertising, if any, to appear thereon. (1960 Code)

Applications will be processed by the city on a first come basis. When two (2) or more applications for the same location are received at the same time, the one with the earliest postmark will be honored, unless an application has been filed with a prior time stamp at the city hall. (1960 Code)

Every street bench shall not be more than eight feet (8') in length, or more than forty two inches (42") high, and must be of sturdy, safe construction approved by the city engineer. (1960 Code)

No advertisement sign, printing or writing on any street bench shall display "Stop", "Look", "Drive-In", or any other word, symbol or device calculated to interfere with, mislead or distract traffic. (1960 Code)

Upon granting of any application, a fee of three dollars ($3.00) shall be collected at the time of the issuance of the permit by the city license collector. Each permit and each renewal permit shall be required on December 31 next following the date of its issuance. If the renewal is granted, a fee of three dollars ($3.00) for each bench shall be charged and must be paid for each renewal of the permit. Application for renewal must be made prior to the expiration date of permit, and must be accompanied by the required renewal fee or fees. (1960 Code)

No permittee shall locate or maintain any bench at a point or location other than that specified therefor in the permit for such bench. It shall be the duty of the permittee to maintain each bench at all times in a safe condition and at its proper and lawful location. (1960 Code)

Any bench installed without a permit shall be removed by the city. (1960 Code)

After the revocation of any permit, the city may order the removal and storage of the bench, if the permittee fails to do so within ten (10) days after notice. (1960 Code)

Notwithstanding the provisions of sections 3-4B-7 and 3-4B-8 of this article, the permittee may recover the bench, if within sixty (60) days after the removal, he pays the cost of such removal and storage, which shall not exceed two dollars ($2.00) for removal and five dollars ($5.00) a month for storage, for each such bench. After sixty (60) days, the city council may sell, destroy or otherwise dispose of the bench at its discretion. All of the foregoing shall be at the sole risk of the permittee, and shall be in addition to any other remedy provided by law for the violation of this section. (1960 Code)

No permit shall be issued pursuant to these sections unless the applicant shall post and maintain with the city license collector a surety bond or policy of public liability insurance, approved by the city attorney and conditioned as hereinafter provided. Such bond or policy shall be subject to the following conditions and provisions:

A. The bond or policy shall be so conditioned such that the permittee shall indemnify and save the city of Temple City, its officers and employees from any and all loss, costs, damages, expenses or liability which may result from or arise out of the granting of the permit, or the installation or maintenance of the bench for which the permit is issued and that the permittee shall pay any and all loss or damage that may be sustained by any person as a result of, or which may be caused by or arise out of such installation or maintenance;

B. The bond or policy of insurance shall be maintained in its original amount by the permittee at this expense at all times during the period for which the permit is in effect;

C. In the event that two (2) or more permits are issued to one permittee, one such bond or policy of insurance may be furnished to cover two (2) or more benches, and each bond or policy shall be of such type that its coverage shall be automatically restored immediately from and after the time for the reporting of any accident from which liability may thereafter accrue;

D. The limit of liability upon any bond or policy of insurance, posted pursuant to the requirements of this section shall in no case be less than fifty thousand dollars ($50,000.00) for bodily injuries to or death of one person, one hundred thousand dollars ($100,000.00) for any one accident, nor less than five thousand dollars ($5,000.00) for property damage. (1960 Code)

The street superintendent shall keep and maintain an index file of all permits granted or renewed under the provisions of this article. (1960 Code)

The street superintendent and police chief, shall enforce the provisions of this article, furthermore, the street superintendent shall make annual surveys as to the condition of all such benches hereunder permitted. (1960 Code)