§ 18-29.1.1. Obstruction of streets, sidewalks, parkway areas or public grounds.

(a)

It shall be unlawful for any person to obstruct or encumber, in whole or in part, any portion of any public street, alleyways, sidewalk, or public property in the city with any item, whether temporary or permanent, including but not limited to, lumber, boxes, posts, fences, basketball goals, soccer goals, skate ramps, and vehicles, unless expressly authorized by city ordinance or state law. It shall be an exception to the provisions of this section that the motor vehicle is a municipal vehicle performing municipal duties, a public utility vehicle performing service within an easement or the vehicle of a contractor licensed by the city performing permitted work on a property adjacent to the alleyway. This provision does not apply to landscaping rocks or landscaping material placed adjacent to public streets or alleyways, provided the following:

(1)

Not more than 24 inches in height;

(2)

Does not interfere with any visibility sight triangle, as provided in this Code; and

(3)

Does not protrude into a public street or alleyway, and does not interfere with the normal movement of vehicular traffic.

Property owners shall be responsible for the maintenance of said landscaping rocks and landscaping material consistent with this section. Any said materials placed within utility easements are subject to removal by the city or utility company, as applicable.

(b)

In addition to the penalty provided for herein, if any person violates the provisions of this section, the city has the right to remove any such obstruction or encumbrance. The costs, charges, and expenses incurred by the city in the removal, storage or disposal of the obstruction or encumbrance shall be a charge to and personal liability of the violator.

(Ord. No. 04-1557, § 2, 6-7-2004; Ord. No. 04-1576, § 2, 9-13-2004; Ord. No. 2015-2138 , § 2, 5-5-2015; Ord. No. 2017-2264 , § 2, 6-20-2017)