§ 4-5.11. Prohibition of Obstruction of the Public Right-of-Way.

(a)

Definitions. For the purposes of this section, the following definitions apply:

(1)

"Human habitation or camping" means exhibiting the intent to temporarily reside in a location not designed or equipped for human habitation as evidenced by such exemplar indices as: sleeping, eating, storing personal possessions, the lack of permanent shelter or ambient temperature control, or of any property interest in the location.

(2)

"Obstruct, hinder or interfere with pedestrian or vehicular traffic" means to place, maintain or deposit an object or article in such a manner as to block passage by any person or vehicle, or to require a person or driver of a motor vehicle to take evasive action so as to avoid physical contact with the object or article.

(3)

"Personal property" means personal effects such as furniture and clothing, goods, animals, food, weapons, items for sale, or any moveable article.

(4)

"Public right-of-way" means sidewalks, parks, streets, alleys, parking lots, bridges and doorways and entrances to buildings open to common use by all members of the public.

(b)

Prohibition.

(1)

It shall be unlawful for any person to construct, maintain, place, cause to be placed or allow to remain upon the public right-of-way any structure, tent, or shelter utilized for human habitation or camping which shall obstruct, hinder or interfere with pedestrian or vehicular traffic.

(2)

It shall be unlawful for any person to place, cause to be placed, pile, deposit or allow to remain upon the public right-of-way any article of personal property which shall obstruct, hinder, or interfere with pedestrian or vehicular traffic.

(c)

Exceptions. Exceptions include:

(1)

Goods or merchandise in actual course of receipt, delivery or removal;

(2)

Chairs, tables or the like belonging to a commercial establishment conducted on a public sidewalk pursuant to an encroachment permit or other applicable permit;

(3)

Moveable structures or articles used in a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on a public right-of-way pursuant to applicable permit;

(4)

Wheelchair or walker or similar device used to move about the public right-of-way due to a disability;

(5)

This section shall not apply where its application will result in an interference with or inhibition of any exercise of the constitutionally protected right of freedom of speech or assembly;

(6)

This section shall not apply where its application results in an interference or conflict with Chapter 19, Articles 1 and 2 of the California Business and Professions Code.

(d)

Violation. A violation of any provision of this section shall constitute an infraction.

(e)

Disposition by a Public Agency of Personal Property in Violation of this Section.

(1)

The provisions of this section are inapplicable to any object, article or item of personal property intentionally abandoned by its owner and found to be in violation of this section. Such property may be destroyed or otherwise disposed of by the Police Department.

(2)

All personal property found in violation of this section, with the exception of property determined by the Police Department as intentionally abandoned, shall be confiscated and held by the Police Department for a period of three (3) months unless the owner of the property is present when the Police Department determines a violation of this section exists, and voluntarily waives those rights set forth hereinafter in subsections (e)(3), (e)(4) and (e)(5) of this section.

(3)

The Police Department shall notify the owner, if his/her identity is reasonably ascertainable, that it is in possession of the property and where it may be claimed. The City of Modesto may require payment by the owner of a reasonable charge to defray costs of storage and care for property.

(4)

The Police Department shall sell property unclaimed after the expiration of three (3) months at a public auction.

(5)

Notice of such sale shall be given by the Police Chief at least five (5) days before the date of the sale by publication.

(6)

Any property remaining unsold after being offered at such public auction may be destroyed or otherwise disposed of by the Police Department.

(Added by Ord. 3024-C.S., § 1, effective 2-27-97)