6.360 Obstructions in Right-of-Way.
(1) No person shall place, cause to be placed, or permit to remain on a street or sidewalk anything that obstructs or interferes with public use of a street or sidewalk or interferes with the normal flow of pedestrian or vehicular traffic. The provisions of this section do not apply:
(a) To merchandise in the course of receipt or delivery, unless the merchandise remains upon a street or sidewalk for a period longer than one hour.
(b) To merchandise displayed for retail sale by prior express permission of the City Manager or designee, according to Section 6.350.
(2) No person shall post, place, plant or attach in any way a sign on a parking strip, sidewalk or curb, utility pole, wall, hydrant, bridge, or tree in the public right of way or on public property, or place, attach or post a sign on a vehicle in order to use the public right of way or public property for commercial advertising by parking that vehicle in or on a public street, right of way, or public property.
(3) The provisions of subsection 2 do not apply to:
(a) Delivery trucks displaying advertising relating to the truck owner's business or to public service, but only while such trucks are being loaded or unloaded;
(b) Vehicles for commercial use on which only the name, address, and the business engaged in by the vehicle owner is painted or attached permanently or by magnetic placard.
(4) No person shall attach any object to the ground, sidewalk, curb, pavement, or to any pole, wall, hydrant, tree or structure in the public right-of-way or on public property except by prior express permission of the Director on such terms and conditions as the Director may provide.
(a) Notwithstanding the above, the Director is authorized to permit signs that encroach into the right-of-way, in accordance with Chapter 10, Article VI. The bottom edge of the sign and any framing may not be less than seven feet from the finished grade of the sidewalk and shall not encroach beyond two feet behind face of curb.
(b) Signs shall be of soft fabric no greater than 36 inches tall and 18 inches wide. Signs and framing and brackets shall extend no further than 30 inches from side of building. The bottom edge of the sign and any framing, if lower than seven feet from sidewalk or other right-of-way, shall result in a minimum width of five feet from any other obstruction or curb for safe pedestrian passage.
(5) No person shall apply paint or similar substance to any sidewalk, curb, gutter, pavement or other portion of the public right-of-way without express permission of the Director on such terms and conditions as the Director may provide.
(6) Unlawful transfer on vehicular portion of the right-of-way.
(a) A person commits the offense of unlawful transfer on a highway if the person:
(i) While a driver or passenger in a vehicle on a highway, road or street within the boundaries of the city of Medford, gives or relinquishes possession or control of, or allows another person in the vehicle to give or relinquish possession or control of any item of property to a pedestrian; or
(ii) While a pedestrian, accepts, receives or retains possession or control of any item of property from a driver or passenger in a vehicle on a highway, road or street within the boundaries of the city of Medford.
(b) This subsection does not apply if the vehicle is legally parked. This subsection also does not apply to persons participating in a "Pedestrian Activity," as defined in OAR 734 Division 58, for which a permit has been issued by the Oregon Department of Transportation, so long as all terms of such permit are being met.
(c) Any person found violating this subsection shall be guilty of committing a traffic violation punishable by a fine not to exceed $75.00.
(7) Violation of this section constitutes a violation. Each day in which the obstruction or sign is caused or allowed to exist constitutes a separate violation.
(8) The placing of obstructions or signs in the right of way or on public property without consent is hereby declared to be a public nuisance, and the Director or Chief of Police may summarily abate the nuisance, or, the nuisance may be abated as provided in section 5.520.