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OBSTRUCTIONS: A hindrance, obstacle or barrier interfering with the use of a public sidewalk, including merchandise offered or displayed for sale thereon, or any other impediment placed on said sidewalk without approval of the governing body. The word obstruction shall not be deemed to include within its meaning any of the following impediments:
1. An obstruction of a temporary character incidental to a lawful use, such as an obstruction relating to the improvement or repair of the sidewalk.
2. An obstruction made, created or caused by the city in order to serve some necessary public purpose, such as beautification planters, parking meters, traffic control signs or devices, or other such obstructions installed at the instruction of the governing body.
3. An obstruction for a temporary period caused by loading or unloading merchandise necessary with reference to the business of the user and with reasonable reference to the rights of the public.
4. An obstruction created by the temporary use of the sidewalk as a place for depositing building materials while the adjacent property owner is making improvements on his land, with reasonable reference to rights of the public.
5. An obstruction placed in, under, over or on a public sidewalk with express permission of the governing body.
PUBLIC SIDEWALKS: That part of a public street or highway in the city designed for the use of pedestrians and being exclusively reserved for them. The term public sidewalk shall not be interpreted as meaning any part of a sidewalk that leads to the entrance of a private residence.
B. Public Sidewalk Obstructions:
1. No person, firm, corporation or other legal entity shall cause an obstruction to be placed in, upon, over or under a public sidewalk.
2. No person, firm, corporation or other legal entity owning or occupying property shall place, allow to be placed, nor allow to grow, any obstruction over a public sidewalk closer than seven and one-half feet (71/2') above any such sidewalk. (2003 Code § 8-01-02)
C. Penalty: Unless otherwise stated herein, a violation of any provision in this section shall constitute a misdemeanor, subject to penalty as provided in title 1, chapter 4 of this code. (2003 Code § 8-01-14; amd. 2012 Code)