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A. Building Materials: No person shall place or keep any building equipment or material on any street, alley or public ground without securing a permit therefor and complying with the provisions of this subsection.
1. The director of public works, with approval of the chief of police or designated representative, may grant a written permit, for a time therein limited and not exceeding three (3) months, to any person to keep building equipment and materials on any street, alley or public place adjacent to any lot whereon such building material is about to be used. For good cause, such permit may be extended.
2. Such permit shall not authorize the obstruction of more than two-thirds (2/3) of the widths of the sidewalk or more than one- third (1/3) of the roadway adjacent to such lot nor shall such materials be so kept as to obstruct the free flow of water in gutters of such street. (1984 Code § 34-4)
3. The person to whom a permit is issued shall keep posted at such place adequate warning lights, designed to the standards of the "Manual On Uniform Traffic Control Devices" for the protection of the traveling public, and shall, before the expiration of the time limit in such permit or extension thereof, remove all such material and rubbish from such sidewalk, street, alley or public place. (1984 Code § 34-4; amd. 2005 Code)
B. Merchandise On Sidewalk: No person shall place any goods or merchandise for sale or exhibition upon any sidewalk; except, that for the purpose of loading or unloading, such articles may be placed upon the outer side of sidewalk for such time as may be necessary to load or unload the same, but in no instance shall any such articles be left upon the sidewalk in the nighttime or in such way as to obstruct the sidewalk. The city council may authorize exceptions to this subsection; provided, that any such exception and the reasons therefor are entered into the minutes of the city council. (1984 Code § 34-23)
C. Newsracks On Public Ways And Property:
1. No newsrack or newspaper vending box or stand shall be placed or allowed to remain upon the Corn Palace or Corn Palace parking lot premises, city hall or city hall parking lot premises or the sidewalks adjacent thereto (block 6, Rowley's first addition to the city of Mitchell, Davison County, South Dakota).
2. No person shall suffer or allow any newsrack, newspaper rack or stand to be placed upon any sidewalk or public way in the city in a manner or location which unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic or creates a hazard to the persons or property within the city or causes or creates a nuisance.
3. No newsrack may be fastened to or secured upon any public way or public property and may not be claimed or fastened to any public light pole, street sign or other publicly owned fixture or structure. (Ord. 1535, 7-21-1986)
4. The penalty for violation of any of the provisions of this subsection and for each of said violations shall be as provided in the general penalty in section 1-4-1 of this code. Each day a violation of this subsection exists shall be deemed to be a new and separate violation. (Ord. 1535, 7-21-1986; amd. 2005 Code)
D. Awnings Over Sidewalks 1 : (Rep. by Ord. 2422, 1-21-2013)
E. Service Stations And Pumps On Public Ways: No person shall locate, construct or maintain any gasoline or oil filling station or pump, in whole or in part, upon any street, parking or sidewalk or under any public right of way. (1984 Code § 34-13; amd. 2005 Code)
1. See subsection 9-4-5K4 of this code.