(a) Except as otherwise permitted in paragraph (e) of this section, no person or entity shall place or cause to be placed any object or obstruction, foreign to the use of a street, sidewalk or other right-of-way, in, on, or over a street or sidewalk or other right-of-way within the City. Rights-of-way for the purpose of this section shall include, but not be limited to, the untraveled portions of City's streets, or other public ways.
(b) Except as otherwise permitted in paragraph (e) of this section, no owner, occupant, or person having the care of any building or lot of land bordering on any street, sidewalk or other right-of-way, shall permit any street, sidewalk or other right-of-way to be encumbered with rocks, boulders, barrels, boxes, cans, articles, or substances of any kind, so as to interfere with the free and unobstructed use thereof.
(c) A violation of paragraph (a) or (b) of this section shall be punishable as provided in Section 901.99. Each day that any such object or obstruction is permitted to remain in, on, or over such street, sidewalk or other right-of-way, or each day that such encumbrance as found in paragraph (b) of this section exists, shall be deemed a separate violation.
(d) In addition or separate to any penalty contained in paragraph (c) of this section, when in good faith the City Manager or his designee determines that an object or obstruction found in, on, or over a street or sidewalk or other right-of-way constitutes a hazard to the public use, or when it is determined that any such encumbrance as found in paragraph (b) of this section constitutes a hazard to the public use, such obstruction, object or encumbrance may be removed and disposed of by the City and the cost therefor shall be assessed to the person who placed or caused to be placed such object, obstruction or encumbrance in, on, or over the street, sidewalk or other right-of-way.
(e) This section does not prohibit the City from issuing a temporary license to persons or entities for use of City rights-of-way. Any such license shall automatically except such person or entity from the requirements of this section so far as it pertains to the right-of-way described in such license; further, this section does not apply to persons or entities who properly place items along the streets or alleys for the purpose of City refuse, trash or garbage collection; also, this section does not apply to governmental agencies or their agents acting in their official capacity from placing objects or obstructions in, on, or over the streets, sidewalks, or other rights-of-way or authorizing the same as such agency or agent deems appropriate.
(Ord. 27-95. Passed 4-3-95.)