Sec. 30-35. Obstructions—Regulations generally.
No person shall obstruct a street or sidewalk, or the space
vertically above the same, by placing therein anything whatsoever
which will hinder or obstruct the passage of persons
or vehicles in any manner whatsoever. Every hour the violation
continues may, in the discretion of the judge of the
municipal court be held to be a separate offense. This section
shall, however, be subject to the following limitations, exceptions
and provisos:
(a) Telegraph, telephone and electric light and power companies
holding franchises may place such reasonable number
of poles as may be requisite for their business but such poles
shall be located or moved according to the directions and
under the supervision of the city manager.
(b) One half of the street between curb lines opposite a
lot upon which any building or wall is being erected may be
used for the purpose of laying timber and other building materials
during such reasonable time as may be necessary for
such erection but no longer. Should there be buildings in the
course of construction on opposite sides of the street at the
same time, then each may occupy one fourth of such street.
When such building or wall is being erected, the sidewalk in
front thereof shall not be obstructed but, for the protection
of persons passing, a shed or platform shall be erected over
the sidewalk, which shall be at least seven and one-half feet
high, as wide as the pavement and as long as the building or
wall which is being constructed, under which persons may
safely walk. Any damage done to the street or sidewalk by
such building or the contractor shall be repaired by him.
(c) Merchants and others, while receiving goods or articles,
may place the same on the outer margin of the sidewalk,
using as much thereof as may be necessary and no more, if
the public is not deprived thereby of the free, easy and comfortable
use of the sidewalk. Such occupation of the sidewalk
shall be for only such time as may be necessary for such reception
or delivery. It shall be the duty of the police to see
that the sidewalks are not so obstructed as to deprive the
public of the use thereof as hereinbefore described. They
are hereby clothed with the power to require goods and other
articles which in their opinion obstruct the sidewalk to be
moved at once.
(d) The persons placing such obstructions on the streets
or sidewalks shall be responsible for any damages caused
thereby. (Code 1959, § 30-35.)
