No gate shall be erected or suffered to remain in any fence or along or near the line of any property abutting upon a street or public way of the city so that such gate shall or may swing across or in any way obstruct any portion of such street or public way. Any violation of this section subjects both the person who owns and the person who controls the property where such gate is erected or suffered to remain to the penalty provided by this code.
('77 Code, § 16-3) Penalty, see § 10.99