Emeryville Municipal Code
CHAPTER 14. OBSTRUCTIONS TO STREETS AND
SIDEWALKS
The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023.
CHAPTER 14.
OBSTRUCTIONS TO STREETS AND SIDEWALKS
Sections:
5-14.01 Street or Sidewalk Obstructions
5-14.02 Construction Materials and Appliances: Permits Required 5-14.03 Repealed
5-14.04 Repealed
5-14.05 Penalties for Violations Interfering with Free Ingress or Egress – Willful and Malicious Obstruction of Public Rights-of-Way
5-14.01 Street or Sidewalk Obstructions.
It shall be a violation of the Emeryville Municipal Code unlawful for any person to obstruct any street or sidewalk in the City or to place, cause to be placed, permit to remain, or maintain upon any sidewalk in the City any goods, wares, merchandise, structure, or other object or substance; provided, however, not to exceed one-third (1/3) of the width of any sidewalk may be used for not to exceed thirty (30) minutes while actually engaged in the loading or unloading of any goods, wares, merchandise, or other object or substance; and newspapers, and periodical racks or stands located on the inner or outer edge of the sidewalk shall be excepted from the provisions of this section. (Sec. 2, Ord. 449, thereafter codified in Sec. 24.50, E.T.C.) 5-14.02 Construction Materials and Appliances: Permits Required.
It shall be a violation of the Emeryville Municipal Codeunlawful for any person to place, or cause to be placed, on any public street, or any portion thereof, in the City any material or appliance for use in the construction, alteration, or repair of a building, or for any other purpose necessitating the temporary occupancy of any portion of any public street, without first obtaining a permit therefor from the Street Superintendent. Such materials and appliances shall not occupy more than one-third (1/3) of the width of the roadway of the street, and not more than one-half (1/2) of the width of the sidewalk, and shall be placed thereon under the direction and to the satisfaction of the Street Superintendent, but in no case shall they be placed, or cause to be placed, within five feet (5') of a railroad track. (Sec. 3, Ord. 449, thereafter codified in Sec. 24.51, E.T.C.) 5-14.03. Repealed.*
* Editor’s Note: Section 5-14.03, “Certain Trees: Nuisances,” previously contained herein, was adopted Sec. 1, Ord. 18, thereafter codified in Sec. 24.56, E.T.C., and repealed by Sec. 3 of Ord. 03-015, eff. Nov. 20, 2003. 5-14.04. Repealed.*
* Editor’s Note: Section 5-14.04, “Certain Trees: Nuisances: Abatement,” previously contained herein, was adopted Sec. 2, Ord. 18, thereafter codified in Sec. 24.57, E.T.C., and repealed by Sec. 3 of Ord. 03-015, eff. Nov. 20, 2003. 5-14.05 Interfering with Free Ingress or Egress – Willful and Malicious Obstruction of Public Rights-of-Way. (a) A person shall not willfully and maliciously obstruct the free movement of the public upon any public highway, alley, sidewalk or crosswalk, or other public place open for pedestrian travel. (b) A person shall not willfully and maliciously obstruct the normal use of the entrance to any house of worship, hall, theater, moving picture theater, or other place of public assemblage. (c) For the purposes of this section, “willfully” means a purpose or willingness to commit an act. “Maliciously” means a wish to vex, annoy, or injure another person or an intent to do a wrongful act. 5-14.05 Penalty for Violations.
Any violation of this chapter shall be punishable as an infraction as set forth in Chapter 2 of Title 1. In addition, any violations may be subject to administrative citation under Chapter 7 of Title 1 of this Code. (Sec. 5, Ord. 95-003, eff. Mar. 9, 1995)