La
w and Legislation Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-01224 June 21, 2022
T
itle: Ordinance Amending Chapter 12.24 of the Sacramento City Code Relating to Sidewalk Obstructions and Pedestrian Interference
Locat
ion: Citywide
R
ecommendation: 1) Review an Ordinance amending Chapter 12.24 of the Sacramento City Code relating to Sidewalk Obstructions and Pedestrian Interference; and 2) pass a Motion forwarding the Ordinance to City Council for consideration.
C
ontact: Susana Alcala Wood, City Attorney, (916) 808-5346, [email protected]; Michael J. Benner, Senior Deputy City Attorney, (916) 808-5346, [email protected], Office of the City Attorney P
resenter: Susana Alcala Wood, City Attorney, (916) 808-5346, [email protected], Office of the City Attorney A
ttachments:
1-Description/Analysis
2-Ordinance (Redline)
3-Ordinance (Clean)
Description/Analysis
Issue Detail: The existing codes governing sidewalk obstructions are outdated in regard to the responsibilities of city staff and the designation of peace officers as those who are authorized to enforce it.
These amendments to Chapter 12.24 clarify what constitutes an unlawful sidewalk obstruction.
In addition, the amendments authorize the city manager to designate the City personnel who will enforce these provisions of the Code. The new sections also provide for the protection of entrances to buildings from obstructions within four feet of the entrance.
Policy Considerations: Obstructions on sidewalks present hazards to all pedestrians and bicyclists throughout the City. Allowing for a four-foot obstruction-free area of sidewalk is imperative for a pedestrian-friendly environment. In addition, protecting the entrances to buildings throughout the City aligns not only with public safety needs in times of emergency, but also with allowing easy access for patrons of businesses in the City.
Economic Impacts: Protecting the sidewalks and entrances to businesses throughout the City will help support businesses and preserve the economic vitality of the City.
Environmental Considerations: This action is not a project that is subject to CEQA because it does not have the potential for causing a significant effect on the environment. (CEQA Guidelines §15061(b)(3).)
Sustainability: Not applicable.
Commission/Committee Action: None.
Rationale for Recommendation: An ordinance that allows for a four-foot obstruction-free area of sidewalk as well as keeping the area clear around the entrances to buildings aligns with not only public safety goals, but also with supporting the economic vitality of businesses throughout the City.
Financial Considerations: No additional enforcement costs are anticipated.
Local Business Enterprise (LBE): Not applicable.
ORDINANCE NO. 2021
Adopted by the Sacramento City Council
AN ORDINANCE AMENDING CHAPTER 12.24 OF THE SACRAMENTO CITY CODE,
RELATING TO SIDEWALK OBSTRUCTIONS AND PEDESTRIAN INTERFERENCE
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1. Findings
The purpose of this ordinance is to protect the health, safety, and welfare of the public and the economic vitality of the City of Sacramento by imposing reasonable restrictions on persons interfering with a pedestrian’s right to peaceably travel along a sidewalk and to enter or exit a building. Blocking access to a business dissuades patronage of that establishment.
SECTION 2.
Chapter 12.24 of the Sacramento City Code is hereby amended to read as follows:
Chapter 12.24 SIDEWALK OBSTRUCTIONS GENERALLY AND PEDESTRIAN
INTERFERENCE
12.24.010 “Sidewalk” definedDefinitions.
“Director” means the director of public works or designee.
“Sidewalk” means the portion of the public right-of-way – including any landscaped areas – between a building or other property and the roadway, set apart for pedestrian travel by curbs, barriers, markings, or other delineation.
The term “sidewalk,” as used in this chapter shall include all of the space between the property line and the outside curb line, whether used for pedestrian purposes, park purposes or otherwise.
12.24.020 Signs, posts, structures, etc.Sidewalk obstructions.
A. It is unlawful to No person shall erect, place or maintain on any sidewalk within the city limits any signs, posts, structures or obstructions of any kind whatsoever; except, as otherwise provided in this title.
Any such sign, post, structure or obstruction, except such as may bethose specifically provided for in this title,, is declared to be a nuisance and shall may be immediately removed by the city manager, or designee directorimmediately upon its existence being ascertained.
B. No person, after first being ordered to move by the city manager or designee, shall obstruct a sidewalk in a manner that:
1. Leaves less than four feet of width for the accommodation of pedestrians or vehicles;
2. Blocks the lawful passage of a vehicle; or
2. Requires another person or a driver of a vehicle to take evasive action to avoid physical contact.
C. No person shall conduct or manage any place of business in a manner that hinders or obstructs the free passage of pedestrians along a sidewalk, or that blocks the entrance or prevents free ingress and egress into or from any other place of business.
D. No person, after first being ordered to move by the city manager or designee, shall stand, sit, lie, or place an object on any portion of a sidewalk within four feet of the entrance to a building in a manner that blocks the entrance or prevents free ingress or egress into or from the building.
E. Nothing in this section prevents merchants or persons who receive or deliver goods for a merchant from using the sidewalk in front of the merchant’s premises for that purpose.
12.24.030 Certain uses of sidewalks permitted.
Except as otherwise provided in sections 5.88.010 through 5.88.070, chapter 12.44 and the Planning and Development Code, no person shall use any portion of the sidewalks of the city for any purpose whatsoever, except for sidewalk purposes or for such purposes as may otherwise be provided by this title; provided, however, that merchants or persons having occasion to receive or deliver goods may use the sidewalk in front of the premises occupied by them for the purpose of receiving or delivering such goods, and provided, further, that space on the sidewalk at least six feet in width shall at all times be kept clear for the accommodation of pedestrians.
12.24.040 Violation determined to be infraction.
Every person violating the provisions of Section 12.24.020 or 12.24.030 of this chapter shall be deemed guilty of a separate offense for each day, or portion thereof, during which such violation continues and shall be punishable thereof as provided in this section.
Any person violating the provisions of Section 12.24.020 or 12.24.030 of this chapter is guilty of an infraction subject to the provisions of Government Code Section 36800(b).
12.24.050 Show windows and bay windows.
It is unlawful to build or to cause to be built any show window or any bay window which shall project over the sidewalk, except on level of joist of second floor above the sidewalk.
12.24.060 030 Sidewalk benches—Permitted.
The city engineerdirector may, on proper written application, grant a revocable permit for the erection and maintenance of certain benches for the use of the public, to be placed on public sidewalks at such places as that the city engineerdirector shall designates within the city, in such a manner as that does not to interfere in any way with the use of the sidewalk by pedestrians.
12.24.070 040 Sidewalk benches—Construction, maintenance, etc.
Sidewalk benches shall be erected and maintained in such a manner as tothat conforms with the specifications required by the city engineerdirector, and the shall be constructedion and erectedion thereof shall be under the supervision of the city engineerdirector.
12.24.080 050 Sidewalk benches—Liability of city.
The granting of the permit to maintain sidewalk benches shall be conditioned on the execution by the holder of the permit of a contract to save the city harmless from any liability which might arise by reason of the erection and maintenance of such benches.
12.24.090 060 Temporary structures.
The city councildirector may, on proper written application, grant a temporary permit for the erection of temporary structures or signs for the use or information of the public at times whenduring public celebrations are being held; provided, that such the structures or signs shall do not in any way interfere with the use of the sidewalk by pedestrians and that such the structures or signs shall beare immediately removed when the necessity for their maintenance has ceasedthey are no longer necessary.
12.24.100 Conducting business so as to block, etc., sidewalk.
It is unlawful for any person to conduct or manage any place of business in a manner so as to hinder or obstruct the free passage of pedestrians along a sidewalk, or so as to block the entrance or prevent free ingress and egress into any other place of business.
12.24.110 Pedestrian and vehicle interference.
No person, after first being ordered to move by a peace officer, shall walk, stand, sit, lie, or place an object on any portion of a street, sidewalk or other public right-of-way in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact.
12.24.070 Violation – Penalty
A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to chapter 1.28.
B. Violations of this chapter are hereby declared to be a public nuisance.
C. Any person who violates a provision of this chapter is liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues.
D. Any person who violates a provision of this chapter is guilty of a misdemeanor.
E. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.
SECTION 3. Enforcement.
The adoption of this ordinance is not intended to and does not affect any administrative, civil, criminal, or other actions or proceedings brought or to be brought to implement or enforce any provisions of the Sacramento City Code, as they existed prior to the effective date of this ordinance. The provisions of the Sacramento City Code as they exist prior to the effective date of this ordinance shall continue to be operative and effective with regard to any such actions or proceedings.
SECTION 4. S everability.
If any provision of this Ordinance or its application to any person or circumstance is held invalid or ineffective by any court of competent jurisdiction, or by reason of any preemptive legislation, that invalidity shall not affect the validity of the remaining provisions of this Ordinance. The City Council declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause and phrase, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or words be declared invalid.
ORDINANCE NO. 2021
Adopted by the Sacramento City Council
AN ORDINANCE AMENDING CHAPTER 12.24 OF THE SACRAMENTO CITY CODE,
RELATING TO SIDEWALK OBSTRUCTIONS AND PEDESTRIAN INTERFERENCE
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1. Findings
The purpose of this ordinance is to protect the health, safety, and welfare of the public and the economic vitality of the City of Sacramento by imposing reasonable restrictions on persons interfering with a pedestrian’s right to peaceably travel along a sidewalk and to enter or exit a building. Blocking access to a business dissuades patronage of that establishment.
SECTION 2.
Chapter 12.24 of the Sacramento City Code is hereby amended to read as follows:
Chapter 12.24 SIDEWALK OBSTRUCTIONS AND PEDESTRIAN INTERFERENCE
12.24.010 Definitions.
“Director” means the director of public works or designee.
“Sidewalk” means the portion of the public right-of-way – including any landscaped areas – between a building or other property and the roadway, set apart for pedestrian travel by curbs, barriers, markings, or other delineation.
12.24.020 Sidewalk obstructions.
A. No person shall erect, place or maintain on any sidewalk within the city limits any signs, posts, structures or obstructions of any kind whatsoever; except, as otherwise provided in this title. Any such sign, post, structure or obstruction, except those specifically provided for in this title, may be immediately removed by the director.
B. No person, after first being ordered to move by the city manager or designee, shall obstruct a sidewalk in a manner that:
1. Leaves less than four feet of width for the accommodation of pedestrians or vehicles;
2. Blocks the lawful passage of a vehicle; or
2. Requires another person or a driver of a vehicle to take evasive action to avoid physical contact.
C. No person shall conduct or manage any place of business in a manner that hinders or obstructs the free passage of pedestrians along a sidewalk, or that blocks the entrance or prevents free ingress and egress into or from any other place of business.
D. No person, after first being ordered to move by the city manager or designee, shall stand, sit, lie, or place an object on any portion of a sidewalk within four feet of the entrance to a building in a manner that blocks the entrance or prevents free ingress or egress into or from the building.
E. Nothing in this section prevents merchants or persons who receive or deliver goods for a merchant from using the sidewalk in front of the merchant’s premises for that purpose.
12.24.030 Sidewalk benches—Permitted.
The director may, on proper written application, grant a revocable permit for the erection and maintenance of certain benches for the use of the public, to be placed on public sidewalks at places that the director designates within the city, in a manner that does not interfere in any way with the use of the sidewalk by pedestrians.
12.24.040 Sidewalk benches—Construction, maintenance, etc.
Sidewalk benches shall be erected and maintained in a manner that conforms with the specifications required by the director and shall be constructed and erected under the supervision of the director.
12.24.050 Sidewalk benches—Liability of city.
The granting of the permit to maintain sidewalk benches shall be conditioned on the execution by the holder of the permit of a contract to save the city harmless from any liability which might arise by reason of the erection and maintenance of such benches.
12.24.060 Temporary structures.
The director may, on proper written application, grant a temporary permit for the erection of temporary structures or signs during public celebrations; provided, that the structures or signs do not in any way interfere with the use of the sidewalk by pedestrians and that the structures or signs are immediately removed when they are no longer necessary.
12.24.070 Violation – Penalty
A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to chapter 1.28.
B. Violations of this chapter are hereby declared to be a public nuisance.
C. Any person who violates a provision of this chapter is liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues.
D. Any person who violates a provision of this chapter is guilty of a misdemeanor.
E. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.
SECTION 3. Enforcement.
The adoption of this ordinance is not intended to and does not affect any administrative, civil, criminal, or other actions or proceedings brought or to be brought to implement or enforce any provisions of the Sacramento City Code, as they existed prior to the effective date of this ordinance. The provisions of the Sacramento City Code as they exist prior to the effective date of this ordinance shall continue to be operative and effective with regard to any such actions or proceedings.
SECTION 4. S everability.
If any provision of this Ordinance or its application to any person or circumstance is held invalid or ineffective by any court of competent jurisdiction, or by reason of any preemptive legislation, that invalidity shall not affect the validity of the remaining provisions of this Ordinance. The City Council declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause and phrase, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or words be declared invalid.