Chapter 8.08 — STREET OBSTRUCTIONS

No person shall erect, construct or maintain, or cause to be constructed, erected or maintained any ditch, canal, fence, barricade or other obstruction in or upon any street, alley, square or other public place in the city in such manner as to obstruct the free use, by the public of the street, alley, square or other public place or any part thereof. (1995 Code, § 8.08.010) (Ord. 09-17, passed 12-15-2009)

It shall be the duty of the Street Superintendent to remove any such obstruction that he or she may find to exist in the city after ten-days’ notice, in writing, to the person constructing, erecting or maintaining the obstruction as aforesaid.

(1995 Code, § 8.08.020) (Ord. 09-17, passed 12-15-2009)

(A) Unless otherwise provided by contract made between the railroad and the city, it shall be the duty of all railroad companies or entities owning or operating and maintaining a railroad passing through the city to place, keep or maintain crossings, and all places within their right-of-way where the public streets or alleys of the city intersect and cross any of the railroad tracks, in a suitable and safe condition for public travel over and across the same. (B) If the railroad facilities are at any time abandoned and removed, it shall be the duty of the railroad company or entity owning or operating and maintaining the crossing to remove the rails through the crossing at the same time as the remainder of the rails are removed and to reconstruct the crossing in the same manner as the remaining portions of the city street or alley are paved or in such other manner and with such other materials as shall be required by the city and in a suitable and safe condition for public travel. The term CROSSING, as used in this chapter, shall include viaducts and roadways under or over the tracks of any railroad. (C) If any railroad crossing shall be at any time in bad condition or unsafe or inconvenient for public travel, the City Council, upon recommendation of the City Manager or his designee, may, by ordinance, resolution or motion call upon the proper railroad company to repair or replace the crossing and render the same safe and convenient for public travel. Unless otherwise ordered by the City Council, all railroad crossing replacements shall be made with steel rails or steel plates. A copy of every such ordinance, resolution or motion shall be served upon the local agent of the railroad company whose duty it is to maintain such crossing; and for a failure or refusal to comply with such ordinance, resolution or motion within 30 days after the service thereof, as aforesaid, such railroad company shall be deemed guilty of a misdemeanor. (D) Whenever any highway or alley upon, along or through which any railroad track is laid, shall be ordered paved by the City Council, it shall be the duty of the railroad entity owning or operating such railroad track to pave all that portion of the street or alley, including in the space between the rails of its track or tracks, and for one foot on the outer edge of the rails, in the same manner as the remaining portions thereof are paved or in such other manner and with such other materials as shall be required by the city's regulations and requirements. In the case of any default on the part of such company to comply with this requirement, the City Council may cause such railroad track or tracks to be taken up, and pavement to be laid pursuant to the city's regulations and requirements, and every such railroad company shall be liable to the city for the cost and expense of paving such portion of the street or alley, together with lawful interest thereon from the completion of work. (Ord. 09-16, passed 11-17-2009)

All drainpipes which empty into any street or alley from buildings within the fire limits, not so constructed as to lead entirely to the ground, are hereby declared to be public nuisances. Any person failing to abate the nuisance declared by the section within 30 days shall be deemed guilty of a misdemeanor. (1995 Code, § 8.08.040) (Ord. 09-17, passed 12-15-2009)

All water and gas pipes laid in any street or alley in the city shall be placed not less than 18 inches below the surface of the street or alley. (1995 Code, § 8.08.050) (Ord. 09-17, passed 12-15-2009)

No person shall, upon any public highway, engage in playing ball or other boisterous game, use any sling or other missile weapon or throw stones or other missiles. (1995 Code, § 8.08.060) (Ord. 09-17, passed 12-15-2009) Statutory reference: Statute authority, see Cal. Gov’t Code § 38775