(a) No person shall place or knowingly drop upon any part of a sidewalk, playground, or other public place any tacks, bottles, wire, glass, nails or other articles which may damage property of another or injure any person or animal traveling along or upon such sidewalk or playground.
(b) No person shall walk on, or allow any animal upon, or injure or deface in any way, any soft or newly laid sidewalk pavement.
(c) No person shall place, deposit or maintain any merchandise, goods, material or equipment upon any sidewalk so as to obstruct pedestrian traffic thereon except for such reasonable time as may be actually necessary for the delivery or pickup of such articles. In no case shall the obstruction remain on such sidewalk for more than one hour. Except that this section shall not be applicable to racks or holders for the exhibition, display and sale of newspapers when so located that they do not substantially obstruct pedestrian traffic or cause congestion upon the sidewalk.
(d) No person shall place, deposit or maintain any merchandise, wares, goods, periodicals, equipment, foods, food service object or other articles upon any sidewalk unless a minimum clearance width of thirty-six (36) inches is maintained on the sidewalk for passage by pedestrians.
(e) No person shall unload upon, or transport any heavy merchandise, goods, material or equipment over or across any sidewalk or curb without first placing some sufficient protection over the pavement to protect against damage or injury. The affected area shall be rendered safe and free from danger.
(f) No person shall allow any cellar or trap door, coal chute or elevator or life opening in any sidewalk to remain open without providing suitable safeguards to protect and warn pedestrian traffic of the dangerous condition.
(g) Whoever violates subsection (a), (b), (c), (d), (e) or (f) of this section shall receive a written warning from the Marietta Police Department on a first occurrence. After receiving a written warning, a person who allows the condition to recur up to three times within a two year period shall be guilty of a minor misdemeanor, punishable as follows:
(1) A fine of fifty dollars ($50.00) upon conviction for a first offense within two years;
(2) A fine of one hundred dollars ($100.00) upon conviction for a second offense within two years;
(3) A fine of one hundred fifty dollars ($150.00) upon conviction for a third offense within two years.
A person who allows the condition to recur four times or more within a two-year period after receiving a written warning shall be guilty of a misdemeanor of the fourth degree, punishable by a fine of not more than two hundred fifty dollars ($250.00), a definite jail term of not more than thirty (30) days, and a term of community service of up to two hundred (200) hours.
(Ord. 338(12-13). Passed 7-18-13.)