(a) No person shall obstruct or encumber any public wharf, street, alley, or any public place with animals, boxes, signs, barrels, posts, fences, buildings, dirt, stones, bricks, rubbish or any other material or thing whatsoever, except as otherwise provided for in this Code, or encroach upon or permit to remain or maintain in any such street, alley or public space, any building, structure or thing owned, occupied or used by such person, provided, that the Department of Public Works City Engineering Division may grant permission for a temporary obstruction of a sidewalk in front of business buildings for the purpose of elevating and receiving heavy merchandise, provided further, that the same shall not be piled over six feet high and the owner shall be responsible for any damage from such use of the walk. Power to revoke such permission at any time is expressly reserved to the Department of Public Works.
(b) With respect to any advertisement, sign, or other obstruction or encumbrance that violates any provision of this section, a rebuttable presumption exists that the advertisement, sign, or other obstruction or encumbrance was erected, placed, or displayed at its location by, or with the consent of, the promoter of the event, offer, or service that is the subject of the advertisement, sign, or other obstruction or encumbrance.
(c) This section shall be enforced by the Police Department.
(d) This section shall not be construed to prohibit merchants and other business persons from using and occupying, for a width of three feet, the inside of the sidewalk space next to the building or lot line immediately in front of their place of business in all streets where the sidewalk space is ten or more feet in width, or receiving a permit for a temporary encroachment from the Department of Public works for a designated sales area adjacent to the business, for the purpose of displaying, selling, or receiving and shipping their goods, wares, and merchandise, between sunrise and sunset, when such use and occupation will not obstruct public travel.
(e) Where use and occupation will not obstruct public travel, the Department of Public Works City Engineering Division may permit merchants or other occupants of the buildings located on the south side of the Fisher Freeway Service Drive, between Russell Street and Riopelle Street; on the west side of Russell Street from the Fisher Freeway Service Drive to the alley north of and parallel with Adelaide Street; and on the east side of Market Street from the Fisher Freeway Service Drive to Winder Street, to use and occupy all of the space of eight feet in width, outside of a line three feet distant from the lot line, for the purpose of receiving and shipping their goods, wares, products and merchandise, or for displaying their goods, wares, products and merchandise used for exhibiting and advertising their business between sunrise and 11:00 a.m.
(f) This section shall not be construed to prevent the moving of goods, wares, and merchandise across any sidewalk in the way of trade or for the use of pedestrians.
(g) This section shall not be construed as giving authority to any owner or occupant of any premises to let, sublet, rent, lease, or grant free use to any person whatsoever any of the sidewalk space, which is the space between the lot line of the properly and the curbstone or any space outside of the lot line, on, above, or below ground, for business stands of any kind or for any purpose whatsoever. Any person found doing business in such space may be summarily removed by the Police Department and shall be deemed in violation of this section.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2021-8 (JCC. 7/14/20, Pass. 11/4/20, App. 11/10/20, Pub. 3/23/21, Eff. 3/23/21).