(a) No person shall obstruct any portion of any public sidewalk in the city, by placing, depositing or allowing to remain thereon any item or object such that the item or object interferes, in any manner with the full, free and unobstructed public use of any portion of the public sidewalks; however, after approval by the mayor and council suitable benches for the convenience of city residents and visitors may be located upon the public sidewalks with the written approval of the city manager or manager's designee. Such approval shall be duly filed with the city clerk, shall be cancellable for good cause shown, and may be subject to such requirements and conditions as to type of bench, location upon the sidewalk and otherwise, as the city manager or designee may deem necessary or desirable in the interest of the public safety and convenience; further, where it is necessary to place garbage and trash containers upon a public sidewalk to allow the removal of such garbage and trash, such containers may be placed upon a public sidewalk for the reasonable period of time necessary for such removal.
(b) Under this section, any item or object that is placed on a sidewalk shall be deemed an obstruction and in violation of subsection (a) above, if the item or object is on the sidewalk between 7 a.m. and 10 p.m. During the hours between 10 p.m. and 7 a.m., an item or object will not be deemed an obstruction if all of the following conditions are satisfied:
(1) The item(s) or object(s) are, in aggregate, four (4) cubic feet or smaller; and
(2) The item or object is personally attended by its owner; and
(3) The item or object is not affixed in any manner; and
(4) The item or object is placed at least five feet (5') back from the edge of the sidewalk that is adjacent to the street; and
(5) Where the sidewalk is wider than eight feet (8'), the item or object is placed only within the three feet (3') of width of the portion of the sidewalk that is furthest back from the adjacent street. By way of example, if the sidewalk is twelve feet (12') wide, the item or object can only be placed such that the nine feet (9') of sidewalk that is closest to the adjacent street is left entirely free and unobstructed; and
(6) The sidewalk is not part of an underpass (for example, the Fourth Avenue Underpass) or overpass, as provided in subsection (c) below.
(c) If a sidewalk is designed for the use of pedestrians or bicyclists to travel through an underpass or across an overpass, no person shall obstruct any portion of such sidewalk by placing or leaving any item or object upon such sidewalk at any time, unless the person has first obtained a permit from the Director of Transportation. This prohibition also applies to any portion of a sidewalk within twenty-five feet (25') of an underpass or overpass. The exception provided under subsection (b) above does not apply to the prohibitions in this subsection (c).
(1953 Code, ch. 24, § 12; Ord. No. 6195, § 3, 3-11-85; Ord. No. 11331, § 5, 12-8-15)