(A)   Jurisdiction and definitions.
      (1)   The jurisdiction of this subchapter shall be the corporate limits of the town, as presently defined or as may be modified by annexation or town ordinance.
      (2)   For the purpose of this subchapter, PUBLIC WAY OBSTRUCTION means any object which in any way obstructs the free passage of pedestrians, wheelchairs, or vehicles on the streets, alleys, sidewalks, or roadways.
   (B)   Violation.
      (1)   The streets, alleys, sidewalks, bridges, and public places of the town shall be maintained open at all times for travel by vehicles and pedestrians and for all other proper public uses and purposes. No part thereof, or any spaces above or below such public ways, except as otherwise authorized by statute, this section, or code of ordinances, or by any other town ordinance, shall be used for any private purpose or business. Except as may be so authorized, no use shall be permitted which affects the orderly appearance thereof, or obstructs or hinders public travel there over, contrary to the public safety and welfare.
      (2)   No person shall install, use, attach, or maintain any public way obstruction which projects onto, into or over any part of the roadway of any public street.
      (3)   No person shall install, use, attach, or maintain any public way obstruction which in whole or in part rests upon, in, or over any public sidewalk, when such installation, use, or maintenance endangers the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes, or other governmental use, or when such public way obstruction unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location.
      (4)   No person or persons shall obstruct the flow of traffic or create a traffic hazard on public rights-of-way, alleyways, streets, or sidewalks within the corporate limits of the town by the placement of a portable or stationary basketball backboard or other recreational equipment.
         (a)   A portable or stationary basketball backboard must not be placed within six feet of public rights-of-way, alleyways, streets, or sidewalks.
         (b)   Portable basketball goals shall neither be set up in any street or on adjacent property nor set up or used in such a way as to unreasonably block pedestrian traffic (including foot traffic, wheelchairs, strollers, bicycles, scooters, and wagons) on any sidewalk in the adjacent property.
      (5)   It is a defense to prosecution under this section that the impairment is or consists of:
         (a)   A traffic-control device, sign, street light, public trash receptacle, bicycle rack, or other structure or object lawfully placed on a sidewalk by or on behalf of the state or the town or county;
         (b)   A sign or display while in use as part of a lawfully conducted demonstration or rally, provided that the object does not obstruct pedestrian traffic, and further provided that it is used and displayed only during the period of time that the demonstration or rally is attended and ongoing and the attendees remove the sign or display at the conclusion of the demonstration or rally;
         (c)   Landscaping placed on a sidewalk in compliance with applicable law;
         (d)   An item placed as part of a lawful street closure or street fair;
         (e)   A newspaper vending apparatus placed as authorized under this section;
         (f)   Poles, distribution boxes, and related structures of utilities; and
         (g)   Postal deposit and delivery boxes.
(2011 Code, § 91.10) (Ord. 2005-02, passed 5-2-2005) Penalty, see § 91.99