§ 11.12.130. Obstructions—Standards.

Each obstruction proposed to be placed upon a sidewalk, street or planting strip of the City shall comply, at a minimum, with the following standards:

A.

The location of the obstruction shall be consistent with the paramount right of the public to use the street, sidewalk or planting strip for transportation purposes.

B.

The location of the obstruction, and/or the obstruction itself, shall be adequately lighted for night visibility, if the obstruction area is not lighted and pedestrians are present at night.

C.

The location of the obstruction shall not constitute a traffic hazard either by itself, or by its effect upon the visibility of persons using the street or sidewalk.

D.

If locations for the particular type of obstruction are required by the existence of other structures, obstructions, ordinances or other regulations, the obstruction shall be located where so required.

E.

The obstruction shall not be permitted for longer than the period necessary for accomplishing the proposed purpose for such obstruction.

F.

All other State and local ordinances will be applicable and shall be complied with.

G.

The applicant must demonstrate that it is necessary to use the public street, sidewalk or planting strip, and that there is no other means available to accomplish the desired purpose, except by the use of the public right-of-way, street or planting strip.

H.

No one shall plant in any public right-of-way any street tree of which the roots cause injury to the sewers, water mains, sidewalks or pavements, the height of which interferes with overhead utility wires or which breed disease dangerous to other trees or to the public health. No one shall allow to remain in any public right-of-way any street tree which has become dead or is in such condition as to be hazardous to the public use of the street and/or sidewalk, and any such trees now existing in any such planting strip or abutting street area shall be removed or properly pruned at the expense of the abutting property owner as may be directed by the City. No new tree shall be planted within 2.5 feet of any sidewalk or pavement, except as may be otherwise approved.

I.

No flowers, shrubs or trees shall be allowed to overhang or prevent the free use of the sidewalk or roadway, or street maintenance activity or utility use of the street except that trees may extend over the sidewalk when kept trimmed to a height of seven feet above same, and 15 feet above arterials and 14 feet above all other roadways. Trees so placed shall also be trimmed so as to remain below power lines if present.

(Ord. 3567 § 2, 12/20/2016; Ord. 3366 § 2, 6/26/2009; Ord. 3328 § 4, 4/25/2008; Ord. 2350 § 1, 7/23/1985)