The following provisions shall be applicable to sidewalks within the city:
A. Definitions:
ARTERIAL STREET: A street of considerable continuity which is primarily for intercommunication between large areas.
COLLECTOR STREET: A street supplementary to the arterial street system and a means of intercommunication between this system and smaller areas, used partly by through traffic and partly for access to abutting properties.
B. Placement: Sidewalks shall be located on at least one side of collector streets, and at the discretion of the city council, shall be located on arterial streets and collector streets so as to form a grid interconnecting all neighborhoods with city schools, parks, shopping areas and other neighborhoods.
C. Width: Sidewalks shall be a minimum of four feet (4') wide on all streets and where the council deems appropriate; sidewalks may be required to be wider. Sidewalks shall be four inches (4") deep and six inches (6") deep at driveways. Sidewalks shall be constructed of concrete cement.
D. Curb Cuts: Sidewalks shall have curb cuts at intersections for bicycles, carts and wheelchairs.
E. Abutting Curbs: Sidewalks shall abut curbs whenever possible.
F. Repairs: Where existing sidewalks not listed on the master plan reach a state of disrepair, or prior to such a time, the property owners fronting the sidewalk may either repair the sidewalk to city standards or remove it.
G. Time Of Construction: New sidewalks shall be constructed at the same time as new streets when such streets are shown on the master sidewalk plan to include sidewalks. (Res. 550, 1-23-1978)
H. Obstructions: No obstructions shall be placed so as to reduce the width of sidewalks to four feet (4'), nor height clearance to ten feet (10'). Regulatory signs, mailboxes and other required obstructions, as approved by the city, are exceptions to this section, but they shall not reduce clearance to less than three feet (3') in width and seven feet (7') in height. (Ord. 532, 10-23-1978)
I. Outdoor Display Of Merchandise; Limitations: Outdoor display of merchandise is limited in time, dimension and location according to the standards set forth below. This section is not intended to prohibit the placement of decorative planters, benches and other decorative objects on the sidewalk in conformance with the standards, as long as the objects are not aesthetically displeasing to the general public.
J. Outdoor Display Of Merchandise; Permitted Zones: Outdoor display of merchandise may be permitted in the Main Street residential (MSR), downtown business (DB), civic overlay (CO), retail and service commercial (C-1) and general commercial (C-2) zones.
K. Outdoor Display Of Merchandise; Development Permit: Prior to placement of any merchandise for outdoor display, a development permit is required to be issued through the planning department.
L. Outdoor Display Of Merchandise; Hours: Outdoor display of merchandise shall only be allowed during normal business hours. The merchandise shall not be placed or maintained any more than three feet (3') from the storefront into the sidewalk; provided in any event that a minimum of four feet (4') of unobstructed sidewalk is maintained (see figure 1 of this section). The merchandise shall be allowed to be placed along the length of the building, whether displayed on tables, racks or individual items, except that two feet (2') at each end of the display must be kept clear.
FIGURE 1
M. Exceptions: Notwithstanding the foregoing restrictions on the use of sidewalks, the city council may, by motion or resolution, as a part of a community event or celebration, authorize the use of portions of sidewalks for a period not to exceed three (3) days during which exhibits, sidewalk sales or other special events may take place on sidewalks of sufficient width to allow the passage of pedestrian traffic in addition to the operation or existence of the special event. As a part of such motion or resolution, the city council may impose conditions for the welfare, safety and convenience of the public.
N. Nuisance Declaration: Any obstruction of, or encroachment on, sidewalks, curbs, gutters or planting strips in the city of Milton-Freewater that is not in conformance with this section is hereby declared to be a public nuisance and may be abated by the city as herein provided, or by any other lawful procedure or means.
O. Abatement Procedure: The city of Milton-Freewater shall have the power and right to use the following procedure, in addition to other lawful procedures, in abating any public nuisance as defined in this section:
1. Upon receiving notice or discovery of the existence of a public nuisance as defined herein, the city, through any of its officers, shall issue a written warning to the owner or user of such nuisance in writing to abate and remove such nuisance from an open public way within twenty four (24) hours from the date of such notice. If the property is not in compliance within the twenty four (24) hour period a written citation shall be issued.
2. If the owner or user of such nuisance shall have good and sufficient reason to require an extension of time for the removal of the same, the owner/user may submit a written request to the city manager which shall state the reasons for an extension, and the city manager may, at his/her discretion, grant additional time for the removal of such nuisance, but such additional time shall not exceed a period of thirty (30) days.
3. Upon the expiration of the twenty four (24) hour period for abatement and removal of the nuisance, and the owner or user of such nuisance has not complied with the terms of this section, the owner or user shall be issued a citation.
4. In addition to the penalties provided herein, after the expiration of the period of time allowed for the abatement and removal of the nuisance as herein provided, or immediately if the owner or user of said nuisance is unknown or cannot be found after reasonable search, the city may remove, or cause to be removed and abated, the encroachment or obstruction to the public right of way; provided, however, that neither the city nor any of its officers or employees shall be held liable for the destruction of, or damage to, such obstruction or encroachment of an open public way where there has been substantial compliance with the provisions of this section.
P. Violation; Penalty: Violation of, or failure to comply with, any provision of this section is hereby declared to be a misdemeanor and is punishable upon conviction by a fine not to exceed five hundred dollars ($500.00). Each day that such violation shall continue to exist shall constitute a separate and distinct violation of this section. (Ord. 970, 7-13-2015)