Sec. 164. Obstruction of streets.
No person shall obstruct a street, 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; any person violating this section
shall be fined not less than $1.00 nor more than $5.00 for each
offense; and every hour the violation continues may, in the discretion
of the Civil and Police Justice, be held to be a separate offense;
but this section shall be subject to the following limitations,
exceptions and provisos, towit:
(a) Telegraph, telephone, electric light companies and electric
power furnishing companies may place such reasonable number
of poles as may be requisite for their business; but said 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 course of construction,
on the opposite sides of the street at the same time,
then each may occupy one-fourth of such street; and in streets
through which a railway passes, such material shall not be so
placed as to interfere with cars thereon. 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 7½ 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 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; provided the
public is not deprived thereby of the free and 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 of
them 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.
