(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
BLOCK or BLOCKING. To interfere with unobstructed travel by any means, including, but not limited to, placing or maintaining any sign, object or vehicle whatsoever on any sidewalk.
SIDEWALK and PATHWAY. Any sidewalk or pathway owned or maintained by the town, or located in the town, regardless of ownership, and used as a public access way.
ADA ACCESSIBILITY GUIDELINES. The accessible route guidelines of the Americans With Disabilities Act, as set forth in § 4.3 of the Federal ADA Accessibility Guidelines (ADAAG) (codified at 28 C.F.R. part 36, App. A). The guidelines currently state that walkways shall have a minimum clear width of 36 inches, with 60-inch by 60-inch passing zones at least every 200 feet.
(B) Blocking sidewalk or pathway prohibited. No person shall block any sidewalk or pathway by obstructing the same such that it is difficult or impossible for a pedestrian to travel on the sidewalk or pathways without leaving the sidewalk or pathway and walking on property adjacent to the sidewalk or pathway or on an adjoining curb, street, alley or grass strip. No person or entity shall block any sidewalk in a manner that would cause a violation of the ADA Accessibility Guidelines. As provided in the ADA Guidelines, sidewalks and pathways shall have at least 36 inches minimum width clearance on the actual sidewalk or pathway measured from the adjoining curb, street, alley or grass strip, as applicable, in towards the property or building; provided, however, that, nothing in this section shall be interpreted as prohibiting a supporting structure permanently affixed to a building from being within the 36-inch minimum width area if there is at least 36 inches minimum width clearance from the supporting structure in towards the building.
(C) Free speech. This section shall not be interpreted as prohibiting any person from stopping on any sidewalk or pathway to speak or make a speech; provided that, such person shall not stand in such a location such that it is difficult or impossible for a pedestrian to travel on the sidewalk or pathway without leaving the sidewalk or pathway and walking on property adjacent to the sidewalk or pathway or on an adjoining street, alley or grass strip.
(D) Plants, shrubs and trees. No person shall permit any shrub, tree or other plant to grow over or on any sidewalk or pathway in such a manner as to block or obstruct the sidewalk or pathway for pedestrian traffic. It is the responsibility of the owner of the property on which such plant is located to remove or trim the plant so that it will not block or obstruct any sidewalk or pathway. No person, firm or corporation shall be fined for violating this section unless such person has been notified in writing by any town officer, employee or police officer to remove or trim such plant and fails to remove or trim such plant within ten days of such notice.
(1996 Code, § 9-73) (Ord. 99-18, passed - -) Penalty, see § 53.99