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10/11/76
ORDINANCE NO. NS-1331
AN ORDINANCE OF THE CITY OF SANTA ANA ADDING
SECTION 10-100 TO THE SANTA ANA MUNICIPAL
CODE PROHIBITING OBSTRUCTIVE MATTER IN THE
PUBLIC RIGHT-OF-WAY
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION l: That the Santa Ana Municipal Code is hereby
amended by ad--~i~-g a section, to be numbered lO-lO0, which said
section reads as follows:
Sec. 10-100, Prohibition of obstructive matter in
the public r~ht-Of-wa~.
(a) No person shall place, maintain, store, abandon, affix,
attach, or otherwise cause the location of any obstructive matter on
any street, sidewalk, alley, or parkway within any part of the public
right-of-way.
(b) Except as excluded under paragraph (c) of this section,
any object, material, or substance which hinders or prevents the
free passage of the public on that part of the public right-of-way
where it is located shall constitute obstructive matter for purposes
of this section.
(c) The following shall not constitute obstructive matter
for purposes of this section:
(1) legally parked vehicles;
(2) trash and refuse placed for collection by the
municipal collection service;
(3) objects placed for a period not exceeding one
hour for purposes of loading or unloading, provided such activity
is not part of a regular course of conduct;
(4) temporary drainage of water, provided that
public passage and access to abutting property remains open and no
hazard to health or safety is created;
(5) minor encroachment of buildings and such
appurtenances to buildings as are not readily capable of removal;
(6) any legally located bus passenger bench or
shelter, or material located in accordance with any municipal permit
or authorization, or with any requirement or regulation of any state
or federal agency, or with any requirement of law,
(d) Nothing in this section shall be construed to in any
way limit any other rights or remedies to which the City may be
entitled to abate any obstruction or encroachment in the public
right-of-way.
ORDINANCE NO. NS-1331
PAGE TWO
SECTION 2: If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be invalid
or unconstitutional by the decision of any court of competent jurisdic-
tion, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Aha
hereby declares that it would have adopted this ordinance and each
section, subsection, sentence, clause, phrase or portion thereof irrespec-
tive of the fact that any one or more sections, subsections, sentences,
clauses, phrases or portions be declared invalid or unconstitutional.
ADOPTED, this
by the following vote:
23rd day of
November
AYES: COUNCILMEN: Yamamoto, Brandt, Ortiz,
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Bricken, Evans, Ward
ATTEST:
, 1976,
Garthe
~.~.ORENCE I. /~At. ONE
APPROVED AS TO FORM:
KEITH L, GOW, CITY ATTORNEY