(a) No person owning, leasing, occupying, having charge or control of any lot or premises, shall allow, keep or maintain any tree, bush or vegetation growing upon any lot or premises abutting any street or sidewalk or upon any street or sidewalk so that the limbs, twigs, leaves or parts of such tree, bush or vegetation interfere with or obstruct the free passage of pedestrians or vehicles along or upon said streets or sidewalks.
(b) Trees or bushes greater than fifteen feet in height growing in or upon any premises or sidewalk shall be deemed to interfere with and obstruct the free passage of pedestrians or vehicles upon said streets and sidewalks within the meaning of this section unless the lower limbs, twigs or leaves of such trees or bushes are kept removed at all times so as to have a minimum clearance of:
1. 13 feet 6 inches over that portion of State highways and major streets improved, designed or ordinarily used for vehicular traffic;
2. 11 feet over that portion of local streets improved, designed, or ordinarily used for vehicular traffic;
3. 9 feet over the sidewalk and parkway area of all streets. (Amended by Ord. No. 106,987, Eff. 3/24/56.)
(c) No person having charge or control of any lot or premises shall allow any soil, rubbish, trash, garden refuse, tree trimmings, ashes, tin cans or other waste or refuse to remain upon any sidewalk, parkway, or in or upon any street abutting on or adjacent to such lot or premises, or which will interfere with or obstruct the free passage of pedestrians or vehicles along any such street, sidewalk or parkway. (Amended by Ord. No. 123,979, Eff. 4/20/63.)
(d) No person having charge or control of any lot, building, or premises, shall clean or sweep any dirt, rubbish or refuse from any sidewalk into the street; provided that nothing contained in this section shall prevent such person from cleaning or sweeping any dirt, rubbish, or refuse from any sidewalk and disposing of the same on or in said lot, building or premises, where such disposition does not create a nuisance and is not prohibited by any other ordinance. (Amended by Ord. No. 148,466, Eff. 7/29/76.)
(e) (Amended by Ord. No. 128,577, Eff. 11/14/64.)
1. No person having charge or control of any lot or premises, either as owner, lessee, tenant, builder, contractor, housemover, or otherwise, shall construct, deposit or maintain any structure, building, rock, brick, broken concrete, stepping stones, sprinkler heads or any obstacle of any nature whatsoever in or upon any street, sidewalk or parkway abutting on or adjacent to such lot or premises or which will interfere with the free passage of pedestrians or vehicles along such street, sidewalk or parkway.
2. The provisions of this section shall not apply to sprinkler heads or bricks in tree wells which are properly maintained on grade with the surface of the sidewalk or parkway in which they are located.
3. The Board of Public Works may grant deviations or modifications of this subsection, upon written application therefor, so as to permit the installation and maintenance of bricks, stepping stones and similar walking surfaces in parkways, on grade with the surface thereof, whenever it is determined that the following conditions exist:
a. That the deviation or modification requested arises from unusual or extraordinary physical conditions, and is necessary to permit the proper and lawful development and use of the applicant’s property;
b. That the granting of the deviation or modification requested will not be contrary to the public safety, convenience, and general welfare;
c. That the granting of the deviation or modification will not adversely affect the rights of adjacent property owners or tenants.
(f) No person shall excavate on any land sufficiently close to the property line to endanger any adjoining street, sidewalk, alley, or other public property, without supporting and protecting such street, sidewalk, alley, or other public property from settling, cracking, or other damage which might result from such excavation.
(g) Any person having charge or control of any lot or premises who violates the provisions of Subsections (a) or (c) shall be subject to the Administrative Fine amounts and criminal penalties set forth in Subsection (h). (Amended by Ord. No. 187,232, Eff. 11/18/21.)
(h) A first violation of Subsection (a) or (c) in a calendar year is subject to an Administrative Fine of $50.00. A second violation of Subsection (a) or (c) in the same calendar year is subject to an Administrative Fine of $100.00. A third violation of Subsection (a) or (c) in the same calendar year is subject to an Administrative Fine of $150.00. A fourth or subsequent violation of Subsection (a) or (c) in the same calendar year may result in the violation being prosecuted as a misdemeanor, and the violator shall be subject to all penalties applicable to criminal violations. (Amended by Ord. No. 187,232, Eff. 11/18/21.)
(i) Unless otherwise specified herein, all Administrative Citations issued for violations of this section shall be subject to the provisions set forth in Article 1.2 of Chapter 1 of this Code, including, but not limited to, the administrative hearing and appeal process and the authority of the City to use any civil remedy available to collect any unpaid Administrative Fine. (Amended by Ord. No. 187,232, Eff. 11/18/21.)
(j) It shall be a violation of this Code for a person to exceed the scope of a permit and engage in conduct that prevents the free passage of pedestrians as provided by the Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990), as amended from time to time. (Added by Ord. No. 187,527, Eff. 7/16/22.)
(k) It shall be a violation of this Code for a person whose activity in the public right-of-way requires a permit, fails to possess that permit, and engages in conduct that prevents the free passage of pedestrians as provided by the Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990), as amended from time to time. (Added by Ord. No. 187,527, Eff. 7/16/22.)
(l) A person who violates Subsections (j) or (k) is subject to an infraction pursuant to LAMC Section 11.00(m) or a citation pursuant to the City's Administrative Citation Enforcement Program, as specified in Article 1.2 of this Code. A person who willfully resists, delays, or obstructs a City employee from enforcing Subsections (j) or (k), or who willfully refuses to comply after being requested to do so by an authorized City employee, is subject to the penalties set forth in Section 11.00 of this Code. (Added by Ord. No. 187,527, Eff. 7/16/22.)
An Ordinance prohibiting obstruction of streets or sidewalks is valid.
In re Bodkin (1948), 86 Cal. App. 2d 208.
The public is entitled to free and unobstructed use of entire streets and sidewalks for purposes of travel subject only to reasonable and proper control of the municipality.
People v. Amdur (1954) 123 Cal. App. 2d Supp. 951.