CHAPTER 4: - MUNICIPAL PROPERTIES; PROTECTION, USE AND CONTROL

7-4-1: - Unlawful use#

Unless authorized by permit or other written authorization issued by the city or unless authority is granted by provisions of this code or other ordinance of the city now or hereafter enacted, it shall be a Class B misdemeanor and subject to penalty as provided in section 1-4-1 of this code for any person to: A.

Property Controlled by City: Construct, lay, excavate, erect, operate or maintain over, under, across, in or through any property owned or controlled by the city, any utility, canal, ditch, construction or building.

B.

Restricted Areas: Enter upon any property of the city contrary to any posting or marking restricting or prohibiting use of the area.

C.

Damage to Property: Intentionally use or perform acts upon property of the city which materially impairs, alters or damages the property.

(Adopted by Ord. 1976 Code § 8-111 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

7-4-2: - Repair after unlawful use#

The city council, in addition to any other penalty which may be imposed, may order any person who has damaged, altered or changed any property of the city to repair or restore the property to its original condition prior to the damage, alteration or change.

(Adopted by Ord. 1976 Code § 8-112 on 1/1/1976)

7-4-3: - Franchise; easement#

A.

Provisions: The city council may grant to any person a franchise or easement on such terms and conditions as it deems reasonable, for the purpose of entering upon, constructing, building, operating and maintaining any business or for other use of the property of the city and the provisions of sections 7-4-1 and 7-4-2 of this chapter shall not apply to the extent such provisions are waived, qualified or made inapplicable to the rights or privileges granted in the franchise ordinance or easement.

B.

In Writing: Any franchise or easement granted by the city shall be in writing and any franchise or easement not in writing shall be void.

(Adopted by Ord. 1976 Code § 8-113 on 1/1/1976)

7-4-4: - Acts exempted#

It shall not be a violation of this chapter where any person uses the public property of the city in the manner or for the purpose for which such property has been made available for public use.

(Adopted by Ord. 1976 Code § 8-114 on 1/1/1976)

7-4-5: - Unlawful acts#

A.

Public Property Defined: For the purpose of this section, "public property" means any publicly-owned property, except the traveled portion of public streets and includes any park, sidewalk, curb or any part of any public right of way devoted to any planting or park-like use.

B.

Unlawful Acts Specified: On any public property, it is unlawful for any person to:

1.

Willfully mark, deface, disfigure, injure, tamper with, displace or remove any building, railing, bench, paving, paving material, water line or any facilities or property and equipment of any public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts or other boundary markers, wall or rock border, or other structures or equipment, facilities or public property or appurtenances whatever, either real or personal.

2.

Soil or litter public restrooms and washrooms.

3.

Dig and remove any sand, soil, rock, stones, trees, shrubs or plants, down timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency, unless permission is obtained.

4.

Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, any tent, fly or windbreak, or run or string any rope, cord or wire into, upon or across any public property, except with special permit.

5.

Urinate or defecate, except in a public restroom in receptacles placed there for such purpose.

6.

Damage, cut, carve, burn, transplant or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant. No person shall attach any rope, wire or other contrivance to any tree or plant. No person shall dig in or otherwise disturb, or in any other way injure or impair the natural beauty or usefulness of any park area. This subsection shall not apply to any person authorized to perform the act prescribed.

7.

Climb any tree or walk, stand or sit on monuments, fountains, railings, fences, planted areas or upon any other property not designed or customarily used for such purposes or to intentionally stand, sit or lie in or upon any street, sidewalk, stairway or crosswalk so as to prevent free passage of persons or vehicles passing over, along or across any street, sidewalk, stairway or crosswalk.

8.

Drop, throw, place, discard, dump, leave or otherwise deposit any bottles, broken glass, garbage, ashes, paper, boxes, cans, dirt, rubbish, waste, refuse or other trash on any public property except in waste containers provided therefor. No such refuse or trash shall be placed in any waters contiguous to any park or planted area or left anywhere on the grounds thereof.

9.

Sleep on seats, benches, sidewalks, curbs, planters, walls or other areas.

10.

Expose or offer for sale any article or thing, or station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing, without first obtaining a license, except that the city council may exempt designated areas from this subsection by resolution on such terms and conditions as it may prescribe.

11.

To beg or to go from door to door of private homes or commercial and business establishments or place himself in or upon any public way or public place to beg or to receive money or other things of value.

(Adopted by Ord. 1976 Code §§ 13-351, 13-352 on 1/1/1976)