12.8.010 Prohibited—applicability

1. Except as provided in subsection C of this section, it is unlawful for any person or persons or corporations to erect, place, or locate, or cause to be erected, placed or located, any building, fence or obstruction of any kind whatsoever, in whole or in part, upon any street, avenue, alley or other public grounds within the City. Any person or persons or corporation who is convicted of a violation of any of the provisions of this chapter, shall be deemed guilty of a separate violation of this chapter for every twenty-four hours the same remains un-removed.
2. In the interest of the public health, welfare and safety, the City may remove such obstruction and assess the costs of removal to the property owner; or where circumstances permit and the public interest is not greatly jeopardized, notice may be given to the violator for removal of the obstruction.
   1. Such notice shall provide the time allowed for removal, include the Public Works Director's address and telephone number for information or hearing thereon, briefly describe the nature of the violation and the possible sanctions.
   2. The City's costs of removal shall be assessed against the property.
3. Exceptions.
   1. Transit shelters as approved by the City Commission and located so as to not unduly interfere with vehicle or pedestrian traffic and access to utilities and abutting properties in the immediate vicinity.
      1. A transit shelter shall be defined as a structure occupying no more than one hundred twenty square feet in floor area and designed for the temporary shelter of transit passengers.
   2. Pushcarts or any other non-motorized wheeled device may be moved or used on the City sidewalks under the following conditions:
      1. No pushcart or other device shall exceed thirty-six inches in width, five feet in length and seven feet in height.
      2. No vendor selling from a pushcart or such device shall conduct business in such a way as would restrict or interfere with the ingress or egress of abutting property owners or tenants or create or become a public nuisance, increase traffic or pedestrian congestion, or delay or constitute a hazard to traffic, pedestrians or property or obstruct adequate access for fire or police.
   3. Statuary as approved by the City Commission upon review of a traffic study and located in accordance therewith so as not to unduly interfere with vehicular or pedestrian traffic and access to utilities and abutting property in the immediate vicinity.
   4. As permitted under Section 12.4.050, boulevard use permit and Section 12.4.020, permitted structures. (Ord. 2549 §1(part), 1989).

1 Prior ordinance history: Prior code §§6-1-3(B) and (F) and Ordinances 2314, 2338, 2409 and 2460.