5.05.115 Obstructing public right-of-way.
A. General Prohibition. Except as otherwise permitted by the code or other City ordinance:
1. No person shall obstruct any public right-of-way, or portion of it, or place or cause to be placed on it anything tending to obstruct or interfere with the full and free use of the public right-of-way or in any degree interfere with the normal flow of pedestrian or vehicular traffic.
2. No person shall erect, construct, build, raise, place or maintain any post, pole, sign, wall, fence, tree, building, structure or any other object in or upon any public right-of-way.
3. No person in charge of property shall cause or permit to remain in front of the property upon the sidewalk or parking strip of the street next to the property, anything prohibited by this section or which otherwise restricts the public use of the public right-of-way.
B. Attachments to Poles or Trees. No person shall attach to any telephone pole, electric pole or other pole or post installed for or used by a public utility, or to any wire used by a public utility, or to any tree or post growing or located in a public right-of-way, any contrivance or device of any kind which is used for any purpose other than a public utility purpose.
C. Selling Prohibited. No person shall use a public right-of-way or public place for selling, storing or displaying merchandise or equipment.
D. Markings Prohibited Without Permit. No person, without first obtaining a permit from the City, shall solicit on a commercial or donation basis to place, or shall place or maintain, any number, figure, letter, carving, drawing, design or other marking upon any public right-of-way. Markings for the purpose of identifying survey, utility or construction locations are not subject to this subsection.
E. Exemptions. This section shall not apply to:
1. Officers or employees of the City in the discharge of their official duties, or to work being performed by any person under contract with the City.
2. Fire hydrants, parking meters, traffic control devices, signs, notices or other similar objects authorized by the City or other competent public authority.
3. Bicycle storage racks approved by the City’s Traffic Commission.
4. Persons granted a franchise, license or other permission by the City to erect, construct, place and maintain utilities or other facilities or equipment in or upon the public right-of-way.
5. Mailboxes complying with the rules and regulations of the United States Postal Service; except that mailboxes and containers for the collection and storage of mail shall be so placed and maintained as to not endanger the life or safety of the traveling public or inhibit the flow of vehicular or pedestrian traffic, regardless of when the situation should first come into existence.
6. Builders using a portion of the public right-of-way when necessary for building or construction purposes if a permit to do so has been obtained from the appropriate City official.
7. Merchandise, boxes, household goods, building materials or other articles in the actual course of receipt, delivery or removal if the items are removed from the public right-of-way within a reasonable period of time.
8. Ornamental trees, shrubs, grass or other landscaping within a landscape strip, if the landscaping does not constitute a nuisance, does not occupy any portion of the area that is 14 feet or less above the surface of an arterial roadway as designated on the Comprehensive Plan, or 12 feet or less above the surface of any roadway not designated on the Comprehensive Plan as an arterial, or eight feet or less above the surface of the sidewalk or bicycle or pedestrian path, conforms as to species and location with the City’s tree planting and maintenance policy, and complies with all other Code or City ordinance requirements. The City may use the planted area for any purpose whatsoever and may issue a permit to any applicant to encroach or to perform work on it. If the planted area is damaged or disturbed in the course of an authorized encroachment, it shall be removed and replaced by the permittee unless the permit specifically states otherwise and the owner of the abutting property is so notified in advance. [BC 5.05.115, amended by Ordinance No. 3979, 4/21/97]
9. A basketball backboard, hoop, net and supporting apparatus, if affixed to the public right-of-way in accordance with the provisions of BC 9.01.200 through 9.01.235.
10. Newspaper tubes for home delivery of newspapers. The method of placement, design and quality of construction shall be approved by the Public Works Director, and the newspaper tubes shall be so placed and maintained as to not endanger the life or safety of the traveling public or inhibit the flow of vehicular or pedestrian traffic, irrespective of when such situation should first come into existence. No tube for delivery of newspapers shall be placed or maintained over or within any sidewalk, and shall be located and placed on the same support as, or proximate to, the existing mailbox.
11. Festivity decorations if a permit for them has been issued under BC 9.01.010 through 9.01.060 and newspaper dispensing stands, sidewalk benches, transit shelters, and other similar facilities if a permit has been issued under BC 9.01.300 through 9.01.330. [BC 5.05.115, amended by Ordinance No. 3373, 6/5/84; amended by Ordinance No. 3872, 11/1/93]
12. Temporary portable signs subject to size, height, placement, number, duration and other standards under the Beaverton Development Code, Chapter 60, Section 60.40.45.4.
F. Special Permits. Nothing contained in this section shall prevent the city manager from granting a temporary special permit or otherwise permitting, on such terms the city manager considers proper, the use of public right-of-way for a block party or other purpose or for a civic, patriotic or special event of general public interest taking place within the City when it can be found that the event will not be materially detrimental to the public welfare, interest or safety. The procedure for granting permits shall be the same as that followed in granting parade permits, to the extent possible.
G. Violation of this section shall be subject to the provisions of BC 5.05.230 relating to summary abatement. [BC 5.05.115, amended by Ordinance No. 3814 § 2, 6/15/92; amended by Ordinances No. 4588, 7/18/12, Ordinance No. 4709, 5/9/17, Ordinance No. 4794, 12/1/20]