CHAPTER 06 Title 8 Use of Public Sidewalks
CHAPTER 6
USE OF PUBLIC SIDEWALKS
SECTION:
8-6-1: Purpose
8-6-2: Unlawful to Obstruct Sidewalks
8-6-3: Unlawful to Install Structure or Fixture
8-6-4: Sale of Merchandise
8-6-5: Public Fixtures
8-6-6: Installation of Mailboxes
8-6-7: Non-Conforming Mailboxes
8-6-8: Notice of Violations
8-6-9: Sidewalk Sales
8-6-10: News Racks, News Vending Machines, and Newsstands
8-6-11: Violations and Penalties
8-6-1: PURPOSE: The purposes of this Chapter are:
(A) To promote the general health, welfare, and safety of all persons traveling over
or upon and otherwise using the public sidewalks within the City.
(B) To ensure free and unrestricted access of the public to the public sidewalks and
thoroughfares, residences, and buildings abutting the same.
(C) To prevent personal injury and risk of bodily harm by objects being placed or
maintained upon the public sidewalk in a manner which is dangerous or unsafe.
(D) To facilitate the installation, repair, and maintenance of public sidewalks and
thoroughfares and all public utilities, fixtures, signs, signals, and other public structures,
fixtures, or receptacles placed thereupon.
(E) To promote the safe movement of vehicular traffic and provide for unobstructed
view of the streets and public sidewalks for such vehicular traffic.
(F) To promote a clean, attractive, and neat appearance of the public sidewalks and
thoroughfares and to prevent unreasonable accumulation of refuse and litter thereupon.
8-6-2: UNLAWFUL TO OBSTRUCT SIDEWALKS: It shall be unlawful for any
person to obstruct any street, alley, or public sidewalk within the City.
8-6-3: UNLAWFUL TO INSTALL STRUCTURE OR FIXTURE: It shall be
unlawful for any person to store, install, maintain, or operate any material, vehicle,
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structure, fixture, or business upon any public sidewalk within the City, except as
permitted by Sections 8-6-5 through 8-6-9 of this chapter.
8-6-4: SALE OF MERCHANDISE: It shall be unlawful to sell, display, or
advertise the sale of any goods, wares, merchandise, food, or beverage upon or from
any cart, rack, or structure situated upon any public sidewalk within the City, except as
permitted by Sections 8-6-5 through 8-6-9 of this chapter.
8-6-5: PUBLIC FIXTURES: Notwithstanding Sections 8-6-2 through and
including 8-6-4 of this chapter, the City or the State of Idaho may install, place, and
maintain utility poles and equipment, fire hydrants, traffic signs and signals, benches,
receptacles for decorative trees and plants, and any other publicly-owned fixtures or
structures upon public sidewalks within the City.
8-6-6: INSTALLATION OF MAILBOXES: INSTALLATION OF MAILBOXES:
Notwithstanding Sections 8-6-2 through and including 8-6-4 of this chapter, mailboxes
may be installed, constructed, and maintained upon the public sidewalks and right of
ways subject to the following restrictions and standards:
(A) The mailbox shall be securely attached to its post to prevent separation if struck. It
shall be placed so the bottom edge of the mail drop slot is no less than 41 inches and no
more than 45 inches from the surface of the road. The mailbox support shall be no
larger than 4” X 4”, or a 2” diameter standard steel or aluminum pipe, buried no more
than 24”.
(B) The face of the mailbox should be set back no less than 6 inches and no more than 8
inches from the curb or edge of road service.
(C ) No part of the mailbox or structure shall protrude towards the street beyond the back
edge of the curb or curb line nor extend towards the residence more than fifteen inches
(15") from the back edge of the curb line.
(D) The requirement for those mailboxes attached to a sidewalk and not buried is that
the foot of the pipe shall be grouted or otherwise securely embedded in a hole through
the sidewalk not exceeding six inches (6") in diameter, the center of which shall be no
more than eight inches (8") nor less than six inches (6") from the back of the curb edge
or curb line.
(E) Barrels, cans, receptacles, stones, masonry, or other non-metallic materials
supporting the structure, except as set forth hereinabove are prohibited.
(F) Spikes, decorations, metal works, or other items shall not protrude from the structure
in a manner which creates an unreasonable risk of bodily injury or harm to pedestrians.
8-6-7: NON-CONFORMING MAILBOXES: All mailboxes installed prior to the
effective date of this Code shall be deemed to be in conformity with this section;
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provided, however, if such mailbox is removed, any replacement thereof shall conform to
the standards set forth in this chapter.
8-6-8: NOTICE OF VIOLATION: Prior to the issuance of any citation for a
violation of Section 8-6-3 of this Code, the Public Works Division of the City shall give
notice in writing to all persons owning or controlling land abutting or adjoining a section
of sidewalk where a mailbox exists in violation of this chapter. The notice shall be
personally served upon an adult residing upon said land and shall notify the person
owning or controlling the land to remove the mailbox or bring it into conformity with the
standards of this chapter within thirty (30) days after receipt of the notice.
8-6-9: SIDEWALK SALES:
(A) Notwithstanding Sections 8-6-2 through and including Section 8-6-4 of this
chapter, goods, merchandise, food, and beverages may be sold or displayed from carts
or other structures upon public sidewalks subject to the following restrictions and
standards set forth in this section.
(B) Definition: For the purpose of this section, the term "downtown area" shall mean
the commercial area where business is conducted.
(C) Sales in Downtown Area: Any licensed merchant or other person conducting a
lawful business may place tables, racks, stands, carts, or other structures upon a public
sidewalk located within the downtown area for the purpose of selling or displaying
goods, wares, merchandise, food, or beverages, subject to the restrictions set forth in
Section 8-6-9(E) of this section.
(D) Sales in Other Areas: The City Council may, by resolution duly passed and
adopted, declare a day or days during which licensed merchants or other persons
conducting a lawful business may place tables, racks, stands, carts, or other structures
upon a public sidewalk located outside the downtown area for the purpose of selling or
displaying goods, wares, merchandise, food, or beverages, subject to the restrictions set
forth in Section 8-6-9(E) of this section.
(E) Standards: Any table, rack, stand, cart, or other structure placed upon any public
sidewalk as permitted by this section shall comply with the following regulations and
restrictions:
1. All structures shall be placed parallel to the edge of the sidewalk furthest
from the public street and at a distance no greater than four feet (4') from
the back edge of the sidewalk.
1. No such structure shall project on or over or be located in any part of any
public street or alley; nor shall any such structure rest upon the public
sidewalk in any area where a public alley or private driveway exits into a
public street.
2. No such structure shall be placed within fifteen feet (15') of any fire
hydrant.
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3. No such structure shall be placed within three feet (3') of any marked
crosswalk, street light pole, utility pole, traffic sign pole, fire call box,
police call box, or other emergency facility, designated bus stop, or
designated loading or unloading zone.
4. No such structure shall have any spikes, decorations, or protrusions
which create unreasonable risk of bodily injury or harm to pedestrian; nor
shall any cords, ropes, wires, or other materials or devices of any kind or
nature be placed across the public sidewalk or in a manner which would
cause or create an unsafe or dangerous condition.
5. All goods, wares, merchandise, food, or beverages shall be placed upon
a table, rack, stand, cart, or other permitted structure and shall not be
placed directly upon the public sidewalk.
8-6-10: NEWS RACKS, NEWS VENDING MACHINES, AND NEWSSTANDS:
(A) Notwithstanding Sections 8-6-2 though and including Section 8-6-4 of this
chapter, news racks, news vending machines, and newsstands may be installed, used,
or maintained upon public sidewalks subject to the following restrictions and standards:
(B) Definitions: For the purposes of this section a "news rack" is any structure,
stand, platform, stall, box, rack, booth, or other structure or device used for the
distribution of newspapers, magazines, or other printed news media.
(C) Encroachment on Public Streets Prohibited: No person shall install, use, or
maintain any news rack which projects onto, into, or over any part of the roadway of any
public street or alley, or which rests wholly or in part, upon, along, or over any portion of
such roadway.
(D) Interference with Public Uses Prohibited: No person shall install, use, or
maintain any news rack which in whole or in part rests upon, in, or over any public
sidewalk when such installation, use, or maintenance endangers the safety of persons or
property, or when such site or location is used for public utility purposes, public
transportation purposes, or other government use, or when such news rack
unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, the
ingress into or egress from any crosswalk, residence, place of business, or any legally
parked or stopped vehicle, or the use of poles, posts, traffic signs, or signals, hydrants,
mailboxes, or other public structures or objects installed at said location.
(E) Standards: Any news rack which in whole or in part rests upon, in, or over any
sidewalk shall comply with the following standards:
1. No news rack may exceed fifty inches (50") in height, thirty inches (30") in
width, or two feet (2') in depth.
2. News racks may be placed only near a curb or adjacent to and parallel
with the wall of a building adjoining the sidewalk or the edge of the
sidewalk furthermost from the public street. News racks placed near the
curb shall be placed no less than twelve inches (12") nor more than
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eighteen inches (18") from the back edge of the curb; however, in
locations not adjacent to a parking stall, news racks may be placed not
less than three inches (3") from the back edge of the curb. News racks
placed adjacent to the wall of a building or back edge of the sidewalk
shall be placed not more than six inches (6") from such wall or edge of
the sidewalk. No news rack may be placed or maintained on a sidewalk
opposite another news rack.
3. No news rack may be chained, bolted, or otherwise attached to any fire
hydrant, pole, bench, receptacle, or other public fixture.
4. News racks may be chained or otherwise attached to each other;
however, no more than three (3) news racks may be joined together in
this manner, and a space of no more than six inches (6") shall separate
each news rack and a space of no less than eighteen inches (18") shall
separate each group of three (3) news racks so attached.
5. No news rack, or group of attached news racks, shall weigh, in the
aggregate, in excess of one hundred twenty-five (125) pounds when
empty.
6. No news rack shall be placed, installed, used, or maintained:
i. Within three feet (3') of any marked crosswalk.
ii. Within fifteen feet (15') of the curb return of any unmarked
crosswalk.
iii. Within three feet (3') of any street light pole, utility pole, fire
hydrant, fire call box, police call box, or other emergency facility.
iv. Within three feet (3') of any driveway.
v. Within three feet (3') ahead of, and fifteen feet (15') to the rear of,
any sign marking a designated bus stop.
vi. Within three feet (3') of any designated loading or unloading zone.
vii. Within three feet (3') of any publicly-owned bench.
viii. At any location whereby the clear space for the passage of
pedestrians is reduced to less than five feet (5'); however, in the
event the sidewalk is less than six feet (6') in width, then the clear
space shall not be reduced to less than three feet (3').
ix. Within three feet (3') of any display window abutting the sidewalk
in a manner which impedes or interferes with the reasonable use
of such window for display purposes.
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(F) Advertising Limitations: No news rack shall be used for advertising signs for
publicity purposes other than that dealing with the display, sale, or purchase of the
newspaper or news periodical sold therein.
(G) Maintenance: Each news rack shall be maintained in a clean, neat, and
attractive condition and in good repair at all times. No news rack may be painted in a
garish or gaudy color or manner.
(H) Identification: Every person who places, maintains, or operates a news rack
upon the public sidewalk shall have his name, address, and telephone number affixed
thereto in a conspicuous place.
8-6-11: VIOLATIONS AND PENALTIES: Any violation of the provisions of this
chapter shall be deemed an infraction and shall be subject to penalties prescribed for
such violations under section 1-4-2 of this code, subject to the provisions of Idaho Code
18-111 and 18-113A. Each day of the violation shall be considered a separate offense
and shall be punishable by separate fines and imprisonment as provided for herein.
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