§ 29-20. Placement and maintenance of appurtenances prohibited on sidewalks and rights-of-way improved in the Tri-Party Downtown Transportation Improvements Project.

(a)

For purpose of this section, the following terms shall have the meanings as indicated:

Appurtenance shall mean any accessory or subordinant building, object or structure, fence, street furniture fixture, trash receptacles, planters, vending machine (excluding newspaper vending machine), fountain, public artwork, or bicycle rack located within the city public right-of-way. Newspaper vending machines are specifically addressed by separate ordinance.

Designated street shall mean any street or public right-of-way which has been or will be improved or reconstructed under the Tri-Party Downtown Transportation Improvements Plan, as set out in the list on Attachment A, attached hereto and incorporated herein.

Person shall mean an individual, corporation, partnership, firm, or association.

(b)

It shall be unlawful for a person to knowingly place or maintain an appurtenance on a sidewalk or public right-of-way abutting a designated street.

(c)

It shall be unlawful for a person to knowingly cause another person to place or maintain an appurtenance on a sidewalk or public right-of-way abutting a designated street. For purposes of this section, a person knowingly causes another person to place or maintain an appurtenance when he aids, directs, hires, or enters into a contract with another person for the aforementioned purpose.

(d)

Any person placing or maintaining an appurtenance in violation of this section shall, upon conviction, be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). In addition, any appurtenance found to be in violation hereof may be identified by placing thereon a highly visible and easily read notice stating that the appurtenance is in noncompliance and must be removed within seventy-two (72) hours. If the appurtenance is not removed, the city may remove same and dispose of it at a police department auction of unclaimed or abandoned property and in accordance with the procedures and practices governing such auctions.

(e)

This section shall become effective on April 15, 1989, for Tri-Party Downtown Transportation Improvements on which construction has been completed and for which beneficial occupancy by the city has occurred. It shall take effect on other Tri-Party Downtown Transportation Improvements streets at subsequent completion milestones as indicated on the Construction Phasing Timetable as shown in Attachment B.

(Ord. No. 69131, §§ 1—5, 3-23-89)

Editor's note

Ord. No. 69131, §§ 1—5, adopted March 23, 1989, did not specifically amend the Code and at the discretion of the editor said provisions have been included herein as § 29-20. Attachments A and B referred to in § 29-20 have not been set out at length herein but are on file and available for inspection in the offices of the city.

Cross reference

Newspaper vending machines in area of Tri-Party Downtown Transportation Improvements, § 16-321 et seq.