For purposes of this chapter the
following words and phrases shall have meanings as follows:
means going over, upon or under, or using any right-of-way
or watercourse in such a manner as to prevent, obstruct, or interfere
with its normal use, including the performance thereon of any of the
following acts:
Excavating, filling, or disturbing
the right-of-way or watercourse;
Erecting or maintaining any flag,
banner, declaration, post, sign, pole, fence, guardrail wall, loading
platform, mailbox, pipe, conduit, wire, or other structure on, over
or under a right-of-way or watercourse;
Planting any tree, shrub, grass or
other growing thing within a right-of-way or watercourse;
Placing or leaving on a right-of-way
or watercourse any rubbish, brush, earth or other material of any
nature whatsoever;
Constructing, placing or maintaining
on, over, under or within the right-of-way any pathway, sidewalk,
driveway, curb, gutter, paving or other surface or subsurface drainage
structure or facility, any pipe, conduit, wire or cable;
Traveling on the right-of-way by
any vehicle or combination of vehicles or object of dimension, weight,
or other characteristic prohibited by law without a permit;
Lighting or building a fire;
Constructing, placing, planting or
maintaining any structure, embankment, excavation, tree or other object
adjacent to a right-of-way or watercourse which causes or will cause
an encroachment.
means any person, firm, corporation or other agency that
proposes to do work or encroach upon a right-of-way or watercourse
as defined in this section, and has been issued a permit for such
encroachment by the superintendent of streets.
means a contract between two or more parties for the installation,
construction, revision, operation or creation of an encroachment to
which contract the city is not a party.
means the full width of the right-of-way of any road, street,
highway, alley, lane or pedestrian walkway used by or for the general
public whether or not said road, street highway, alley, lane or pedestrian
right-of-way has been improved or accepted for maintenance by the
city, except streets and highways forming part of the state highway
system.
means private corporations or governmental jurisdictions
authorized by law to establish and maintain any works or facilities
in, under or over any public street. This chapter shall not be construed
to limit the powers and duties vested by law in the Public Utilities
Commission of the state, and in the event of any conflict the Public
Utilities Commission's orders, rules, and regulations shall govern.
means land which by deed, conveyance, agreement easement,
dedication, usage or process of law is reserved for and dedicated
to the general public for street, highway, alley, public utility,
or pedestrian walkway purposes.
means the city engineer of the city or authorized agent.
shall mean a channel for the carrying of stormwater, including
both natural and artificial watercourses.
means the use of a public sidewalk for a small exhibition
of merchandise which is offered for sale within an adjacent indoor
retail establishment.
means the use of a public sidewalk for the placement of tables,
chairs, benches, and related items for the purpose of serving food
and/or beverages in conjunction with and adjacent to an indoor restaurant,
delicatessen, or ice cream/yogurt shop.
(Prior code § 5-8.01; Ord. 1485 § 1, 1990; Ord. 1607 § 1, 1993; Ord. 2000 § 1, 2009)
A.
This chapter shall not apply to officers
or employees of the city acting in the discharge of their official
duties, or to any work being performed by any person, firm or corporation
pursuant to a contract with the city.
B.
This chapter shall not apply to real estate company open house directional signs when such signs are placed in accordance with provisions in Section 18.96.030(I).
(Prior code § 5-8.02; Ord. 1362 § 1, 1988)
All permits granted subject to this
chapter shall be subject to the right of the city, and any person
or persons entitled thereto, to use any part of a public right-of-way
for any purpose for which it may be lawfully used, and no part of
a right-of-way may be unduly obstructed at any time.
(Prior code § 5-8.03)
No person shall encroach or cause to be made any encroachment of any nature whatever within, upon, over or under the limits of any right-of-way or watercourse, or make or cause to be made any alteration of any nature within, upon, over or under the limits of any right-of-way or watercourse, or construct, put upon, maintain or leave thereon, or cause to be constructed, put on, maintained or left thereon, any obstruction or impediment of any nature whatever, or remove, cut or trim trees thereon, or set a fire thereon, or to place on, over or under such right-of-way any pipeline, conduit or other fixtures, or move over or cause to be moved over the surface of any right-of-way or over any bridge, viaduct, or other structure maintained by the city any vehicle or combination of vehicles or other object of dimension or weight prohibited by law or having other characteristics capable of damaging the right-of-way, or place any structure, wall, culvert, or similar encroachment, or make any excavation or embankment in such a way as to endanger the normal usage of the right-of-way or watercourse without having first obtained a permit as required by this chapter, except as may be provided in Section 13.04.050.
(Prior code § 5-8.04)
The following encroachments are specifically
prohibited, and no applications will be accepted nor permits issued
therefor:
A.
Construction or maintenance of a loading
dock on or in public right-of-way;
B.
Erection or maintenance of a post, pole,
column or structure for the support of advertising signs;
C.
Installation or maintenance of underground
tanks, vaults, or elevators, except that underground vaults may be
permitted as part of facilities owned by public utilities or public
agencies;
D.
Erection, installation or maintenance of
posts, poles or columns for the purpose of carrying lights intended
primarily for lighting of abutting private property;
E.
Installation or maintenance of signs bearing
flashing or moving lights, except for temporary warning signs, barricades
or flashers required for protection or the public during construction
operations;
F.
Application of paint to paved surfaces,
including curbs, except for:
1.
Official traffic markings and marking
of underground facilities in connection with construction or maintenance
work,
2.
House numbers five inches in height,
with a contrasting background, on the face of a curb generally near
the driveway of the house, and
3.
"No Dumping—Drains to Bay"
type message on the top of curb above or generally near a sewer inlet;
G.
Construction or placement of any fill,
wall, pipe, column, pole, fence, tree, shrub or any other item within
any right-of-way, or which would constrict and reduce the capacity
of any watercourse to carry stormwater.
(Prior code § 5-8.05; Ord. 2165 § 1, 2017)
The superintendent of streets may grant a variance to the terms listed in Section 13.04.050 in the following situations:
A.
Where other city ordinances, state laws,
or regulations are in conflict herewith;
B.
Where the city planning commission, by
resolution, as a condition to land use application requires an encroachment
not otherwise permitted; and
C.
Where, in the sound discretion of the superintendent
of streets, the proposed encroachments should not be prohibited under
the special circumstances presented.
(Prior code § 5-8.06)
All work regulated by this chapter,
and approved by the superintendent of streets, shall be performed
during the regular working hours of the working week, Monday through
Friday. On Saturdays, Sundays and holidays, when city personnel are
not on duty, no work authorized by this chapter shall be performed.
Public utilities may perform work during other than the regular working
hours of the regular working week where, in the judgment of the superintendent
of streets, inspection of the work is not necessary until the next
regular working day.
(Prior code § 5-8.07)
The provision of Section 13.04.070 shall not prohibit any person from maintaining any pipe or conduit lawfully on or under any public street, or from making excavations as may be necessary for the preservation of life or property when an urgent necessity therefor arises during the hours the offices of the city are closed, except that the person making an emergency use of encroachment on a public street shall apply for a permit therefor within one calendar day after the offices of the city are again opened.
(Prior code § 5-8.08)
The city council may, from time to
time, designate by resolution certain public streets to be limited
operation areas. The following acts are prohibited in limited operation
areas: to conduct construction operations between the hours of 7:00
a.m. and 9:00 a.m. and between the hours of 3:30 p.m. and 6:00 p.m.;
provided, that in the event of emergency the superintendent of streets
may give permission to vary the requirements of this section.
(Prior code § 5-8.09)
Upon the approval of the superintendent
of streets, written permits required by this chapter shall be issued
by the city clerk, subject to the provision of this chapter and other
applicable laws.
(Prior code § 5-8.13)
The superintendent of streets shall
prescribe and provide a regular form of applications for the use of
applicants for permits required by this chapter. The application shall
show such information and details as the superintendent of streets
may deem necessary to establish the exact location, nature, dimensions,
duration, and purpose of the proposed use or encroachment.
(Prior code § 5-8.14)
When required by the superintendent
of streets, the application shall be accompanied by maps, sketches,
diagrams, or similar exhibits, to the size and in the quantity as
the superintendent of streets may prescribe, sufficient to clearly
illustrate the location, dimensions, nature and purpose of the proposed
encroachment and its relation to existing and proposed facilities
in the right-of-way or watercourse.
(Prior code § 5-8.15)
The applicant shall also enclose
with attach or add to the application the written order or consent
to any work thereunder, required by law, of the Public Utilities Commission,
sanitary district, water district, flood control district, or any
other public body having jurisdiction. A permit shall not be issued
until and unless such order or consent is first obtained and evidence
thereof filed with the superintendent of streets. The permittee shall
keep himself adequately informed of all state and federal laws and
local ordinances and regulations which in any manner affect the permit.
The applicant shall at all times comply with and shall cause all his
or her agents and employees to comply with all such laws, ordinances,
regulations, decisions, court and similar authoritative orders.
(Prior code § 5-8.16)
Applications may be approved, conditionally
approved, or denied. When the superintendent of streets finds that
the application is in accordance with the requirements of this chapter,
he or she shall issue a permit for the use or encroachment, attaching
such conditions as he or she may deem necessary for the health, safety
and welfare of the public and for the protection of the city. If the
superintendent of streets finds the application is in conflict with
the provisions of this chapter, he or she shall deny the permit, giving
in writing the reasons for the denial.
(Prior code § 5-8.17)
Permits must be written on a form
prescribed by the superintendent of streets. No permit shall be valid
unless signed by the superintendent of streets or his or her authorized
representative.
(Prior code § 5-8.18)
The permittee shall begin the work
or use authorized by a permit issued pursuant to this chapter within
90 days from date of issuance, unless a different period is stated
in the permit. If the work or use is not begun accordingly, then the
permit shall become void.
(Prior code § 5-8.19)
The permittee shall complete the
work or use authorized by a permit issued pursuant to this chapter
within the time specified in the permit. If at any time the superintendent
of streets finds that the delay in the prosecution of completion of
the work or use authorized is due to lack of diligence on the part
of the permittee, he or she may, after notice to the permittee, cancel
the permit and restore the right-of-way or watercourse to its former
condition. The permittee shall reimburse the city for all expenses
by the superintendent of streets in restoring the right-of-way or
watercourse.
(Prior code § 5-8.20)
A.
The permittee shall keep any permit issued
pursuant to this chapter at the site of work, or in the cab of a vehicle
when movement thereof on a public street is involved, and the permit
must be shown to any authorized representative of the superintendent
of streets of law enforcement officer on demand.
B.
A permit issued for continued use or maintenance
of an encroachment may be kept at the place of business of the permittee
or otherwise safeguard during the term of validity, but shall be made
available to an authorized representative of the superintendent of
streets or law enforcement officer within a reasonable time after
demand therefor is made.
(Prior code § 5-8.21)
Permits shall be issued only to the
person, firm, or corporation making application therefor and may not
be assigned to any other party by the permittee. If any permittee
assigns his or her permit to another, the permit shall become void.
(Prior code § 5-8.22)
No changes may be made in the location,
dimension, character or duration of the encroachment or use as granted
by the permit except upon written authorization of the superintendent
of streets. No permit shall be required for the continuing use or
maintenance of encroachments installed by public utilities, or for
changes therein or thereto where such changes or additions require
no excavation of the right-of-way.
(Prior code § 5-8.23)
A.
The schedule of fees will be as established
and adopted by the city council from time to time by resolution. Before
a permit is issued the applicant shall deposit with the city cash
or check, in a sufficient sum to cover the fee for issuance of the
permit, charges for field investigation, and the fee for necessary
inspection, all in accordance with the schedule established and adopted
by the city council.
B.
Public utilities may make payment for the charges set out in subsection A of this section as billed by the city instead of advance deposit as required above, or make payment in accordance with established franchise agreements.
C.
Fees will not be required of any public
agency which is authorized by law to establish or maintain any works
or facilities in, under, or over any public street, right-of-way or
watercourse.
(Prior code § 5-8.24)
A.
Cash Deposit. Unless this part is waived
in the permit and before a permit is effective, the permittee shall
deposit with the superintendent of streets or agent authorized by
resolution of the city council, cash or a certified or cashier's check,
in the sum to be fixed by the superintendent of streets as sufficient
to reimburse the city for cost of restoring the right-of-way or watercourse
to its former condition, based on the schedules, if any, adopted by
resolution of the city council; provided, however, that the permittee
may file a cash deposit on an annual basis in a sum estimated by the
superintendent of streets as sufficient to cover permittee's activities
during any 12-month period.
B.
Bond in Lieu of Cash Deposit. In lieu of the cash deposit prescribed in subsection A of this section, the permittee may, upon approval by the superintendent of streets, file a cash deposit in the minimum sum established by the schedule, if any, adopted by the city council and in effect at the time of application for a permit, and the balance of the sum fixed by the superintendent of streets as sufficient to reimburse the city expenses incurred in restoring the right-of-way or watercourse to its former condition, may be filed in the form of an approved surety bond issued by a company authorized to do a general surety business in the state.
C.
Annual Bond. In lieu of cash deposits,
the permittee may, upon approval of the superintendent of streets,
annually file with the city clerk an approved surety bond issued by
a company authorized to do a general surety business in the state
of California, in a sum fixed by the superintendent of streets as
sufficient to reimburse the city for expenses to be incurred in restoring
the right-of-way or watercourse to its former condition, subject to
the schedules, if any adopted by resolution of the city council.
D.
Bond for Continuing Use. An applicant for
a permit for a use or encroachment which is to continue or remain
within, under, or upon a watercourse or right-of-way of a public highway
beyond the time authorized for construction or installation shall
file with the city clerk a cash deposit or surety bond issued by a
company authorized to do a general surety business in the state of
California in a penal sum to be fixed by the superintendent of streets
as sufficient to reimburse the city for all expenses incurred by the
superintendent of streets in making the watercourse available for
flow of stormwater or in making the right-of-way safe and convenient
for the travel of the general public, subject to the schedules, if
any, adopted by resolution of the city council, and in effect at the
time of application for a permit.
E.
Additional Bond or Cash Deposit. The superintendent
of streets may require an additional bond or cash deposit at any time
when in his or her opinion the amount of the bond or cash deposit
previously made is insufficient, subject to the schedules, if any,
adopted for that purpose by the city council, and in effect at the
time of application for a permit.
F.
Condition of Bond and Cash Deposit. The
condition of any bond or cash deposit made pursuant to this chapter
shall be that the permittee will diligently and with good faith comply
with this chapter and the terms and conditions of the permit.
G.
Bond Payable to City. Any bond or cash
deposit required by the superintendent of streets pursuant to this
chapter shall be payable to the city of Pleasanton, California. Upon
satisfactory completion of all work authorized in the permit, and
fulfillment of all conditions of the permit, the bond or cash deposit
will be released.
H.
Exclusions. Cash deposits or bonds will
not be required of any public utility or public agency which is authorized
by law to establish or maintain any works or facilities in, under,
or over any public street or right-of-way.
(Prior code § 5-8.25)
The permittee shall be responsible
for all liability imposed by law for personal injury or property damage
proximately caused by work permitted and done by the permittee under
permit or proximately caused by failure on the permittee's part to
perform its obligations under the permit in respect to maintenance.
The permittee shall inform itself as to the existence and location
of all underground facilities and protect the same against damage.
The permittee shall not interfere with any existing city utility without
the written consent of the superintendent of streets. No utility owned
by the city shall be moved to accommodate the permittee, unless the
cost of such work is borne by the permittee. The permittee shall support
and protect all pipes, conduits, poles, wires, or other underground
structures affected by excavation work, and shall inform the owner
if any damage occurs to such facilities during the conduct of its
work. The expense of repairs of any damage to city utilities shall
be charged to the permittee. If any claim of such liability is made
against the city, its officers or employees, the permittee shall defend,
indemnify and hold them, and each of them, harmless from such claim
insofar as permitted by law.
(Prior code § 5-8.26)
A.
The permittee in the conduct of the work,
use or maintenance of an encroachment authorized by a permit issued
pursuant to this chapter shall provide, erect, and/or maintain such
lights, barriers, warning signs, patrols, watchmen, and other safeguards
as are necessary to protect the traveling public. Any omission on
the part of the superintendent of streets to specify in the permit
what lights, barriers, or other protective measures or devices shall
not excuse the permittee from complying with all requirements of law
and appropriate regulations and ordinances for adequately protecting
the safety of those using public streets. If, at any time, the superintendent
of streets finds that suitable safeguards are not being provided,
the city may provide, erect, maintain, relocate, or remove such safeguards
as are deemed necessary, or may cancel the permit and restore the
right-of-way to its former condition, all at the expense of the permittee.
Where, in the judgment of the superintendent of streets, emergency
conditions exist, notice need not be given to the permittee.
B.
A permittee making any excavation or erecting
or leaving any obstruction within, under, or upon the right-of-way,
or causing the same to be made, erected, or left, shall place and
maintain lights at each end of the excavation or obstruction, at not
more than 50-foot intervals along the excavation or obstruction, from
one-half hour before sunset of each day to one-half hour after sunrise
of the next day, until the excavation is entirely refilled or the
obstruction removed and the right-of-way made safe for use.
C.
Where vehicular traffic and location of
excavation or obstruction require, warning signs shall be placed in
advance of any obstruction or excavation within the traveled way,
in such a position as to warn traffic. Reflectors or reflecting material
may be used to supplement, but not replace, light sources.
D.
The warning signs, lights and other safety
devices shall conform to applicable requirements of the Vehicle Code
and of any sign manual issued by the Department of Public Works of
the state.
(Prior code § 5-8.27)
A.
The permittee shall give particular attention
to facilitating the flow of vehicular and pedestrian traffic. Unless
prior written approval is obtained from the superintendent of streets,
the permittee may not:
B.
The permittee may not obstruct a driveway
on a developed property, except that under unusual circumstances,
and with forewarning to the occupant of the affected property, a driveway
approach may be obstructed for a limited period of time.
C.
The use of flagmen is mandatory where (1)
the two-way vehicular traffic has less than 20 feet in which to pass,
or (2) vehicular traffic must pass to the left of the dividing islands
in passing the site of the encroachment. The permittee may be required
to remove excavated material from the site of the encroachment as
it is excavated, rather than stockpiling it on the street, when such
removal is necessary to permit traffic to pass freely and safely.
(Prior code § 5-8.28)
A.
Notices to City. All notices required by
this chapter to be given by the permittee to the superintendent of
streets shall be given at his or her office at the City Hall.
B.
Notice to Permittee. Any notice to be given
to the permittee shall be deemed to have been received by him upon
mailing by certified mail to the address shown on the permit or when
notice is receipted for by the permittee.
C.
Beginning of Work. Before beginning any
work which is or includes excavation, construction of concrete sidewalks,
curbs, gutters or driveway approaches, planting, trimming or removing
trees, making, placing or causing an obstruction in the watercourse
or traveled way, the permittee shall notify the superintendent of
streets.
D.
Completion of Work. The permittee shall,
upon completion of all work authorized in the permit, notify the superintendent
of streets. No work shall be deemed to be completed until notification
of completion is given pursuant to this section and the work is accepted
by the superintendent of streets.
(Prior code § 5-8.29)
If the work, use or encroachment
authorized in the permit issued pursuant to this chapter shall interfere
with the established drainage, the permittee shall provide for proper
drainage as directed by the superintendent of streets. Should the
permittee fail to properly care for drainage, the superintendent of
streets shall notify the permittee to take corrective action; if the
permittee fails to complete such corrective action immediately upon
receiving the notice, the superintendent of street shall take such
action as may be necessary to correct the drainage at the expense
of the permittee.
(Prior code § 5-8.32)
It shall be incumbent upon the permittee
to plan and execute the work or use so as to cause the least inconvenience
to the general public and abutting property owners.
(Prior code § 5-8.33)
Upon completion of the work, acts
or things for which the permit was issued, or when required by the
superintendent of streets, the permittee shall replace, repair or
restore the right-of-way or watercourse at the place of work to the
same condition existing prior thereto unless otherwise provided in
the permit. The permittee shall remove all obstructions, impediments,
materials or rubbish caused by or placed within or upon the watercourse
or the right-of-way of the public street under the permit, and shall
do any other work or perform any act necessary to restore the watercourse
or right-of-way to a safe and usable condition.
(Prior code § 5-8.34)
After completion of all work, the
permittee shall exercise reasonable care in inspecting and maintaining
the area affected by the encroachment. For a period of one year after
the completion of the work the permittee shall repair and make good
any injury or damage to any portion of the street which occurs as
the result of work done under the permit, including any and all injury
or damage to the street which would not have occurred had such work
not been done. By the acceptance of the permit the permittee agrees
to comply with the above. The permittee shall, upon notice from the
superintendent of streets, immediately repair any injury, damage or
nuisance, in any portion of the right-of-way or watercourse, resulting
form the work done under the permit. In the event that the permittee
fails to act promptly, or should the exigencies of the injury or damage
require repairs or replacement to be made before the permittee can
be notified or can respond to the notifications, the city may, at
its option, make the necessary repairs or replacement or perform the
necessary work, and the permittee shall be charged with all the expenses
incurred in the performance of the work.
(Prior code § 5-8.35)
A.
If any future construction, reconstruction,
or maintenance work by the city on a watercourse or right-of-way require
the relocation, removal or abandonment of installations or encroachments
in, on or under the watercourse or right-of-way, the permittee owning,
controlling or maintaining such installations or encroachments shall
relocate, remove or abandon the same at his or her sole expense; provided,
however, that this provision shall apply to and remain in force and
effect only so long as a street right-of-way upon which such installations
or structures are located shall be used for usual street purposes
and not as a freeway, and this provision shall cease to apply when
such street shall become a freeway.
B.
The provisions of subsection A of this section shall not apply to any public utility possessing a franchise from the city or the state, which by its express terms or by state statute does impose an obligation to relocate upon the public utility.
C.
When removal, relocation or abandonment
is required, the superintendent of streets shall give the permittee
a written demand specifying the place of relocation or that the installation
or encroachment must be removed, relocated or abandoned. If the permittee
fails to comply with the instructions, the city may cause the removal,
relocation, or abandonment of the encroachment at the expense of the
permittee.
(Prior code § 5-8.36)
The superintendent of streets shall
establish such standards and specifications as he or she may deem
necessary for the proper construction, use and maintenance of encroachments.
Any work or use done under such permit issued under provisions of
this chapter shall conform to said standards and specifications. In
the absence of specific standards and specifications, recognized standards
of construction or approved practices shall govern the work or use.
(Prior code § 5-8.37)
The superintendent of streets is
authorized to make such inspections in person or through authorized
subordinates as he or she may deem necessary in connection with permits
issued under this chapter. All work done or uses under such permits
shall be under the supervision of and to the satisfaction of the superintendent
of streets.
(Prior code § 5-8.38)
Unless otherwise approved by the
superintendent of streets, no material shall be stored within five
feet of a public street, and/or excess earth materials from trenching
or other operations shall be removed from the pavement, traveled way,
or shoulder as the trench is backfilled or other work carried forward.
(Prior code § 5-8.39)
Utility services and other small
diameter pipes or rigid conduits shall not be jacked or otherwise
forced underneath a paved surface. The paved surface of a road shall
not be cut, trenched or otherwise disturbed unless specifically authorized
in the permit. No tunneling will be permitted.
(Prior code § 5-8.40)
The minimum cover over any and all
pipes or conduits larger than two and one-half inches installed within
the right-of-way shall be two and one-half feet of earth or imported
materials, unless otherwise specified in the permit. Within the public
streets, the minimum cover of two and one-half feet shall be measured
from the surface, existing or planned. The superintendent of streets
is authorized to permit installation of pipes or conduits where two
and one-half feet of cover cannot be provided because of topography,
structures, or other engineering necessity.
(Prior code § 5-8.41)
Backfilling of an excavation shall
be in accordance with specifications established by the superintendent
of streets or as otherwise required by him or her, both as to material
and method; and backfill shall not be placed in any excavation without
compaction of the material used therein, the degree and method thereof
to be to the satisfaction of the superintendent of streets.
(Prior code § 5-8.42)
A.
Clearances and types in the construction
of poles and transmission line carriers shall be in accordance with
rules, regulations and orders of the Public Utilities Commission and
other public agencies having jurisdiction.
B.
No guy wires are to be attached to trees
without specific authorization to do so in the permit, and in no event
shall guy wires be so attached as to girdle the tree or interfere
with its growth. Guy wires shall not be below the minimum elevation
above the ground, prescribed in the rules, orders and regulations
of the Public Utilities Commission.
C.
When a pole, brace, stub or similar timber
is removed and not replaced, the entire length thereof shall be removed
from the ground and the hole backfilled and compacted. Where such
pole, brace, stub or similar timber was located in an area paved with
concrete, asphalt, or other permanent surfacing, the area occupied
shall be trimmed and resurfaced in kind to the satisfaction of the
superintendent of streets.
(Prior code § 5-8.43)
Saw cutting of Portland cement concrete
may be required by the superintendent of streets when the nature of
the job or the condition of the street warrants. Any cuts required
in exposed concrete sidewalk, curb, gutter, driveway, or paving shall
be defined by a saw cut to a depth of not less than one-sixth the
thickness of the concrete, to a maximum of one inch. All cuts in concrete
shall be made to the nearest score line, unless otherwise permitted
by the superintendent of streets. The superintendent of streets may
require removal of additional concrete when necessary to present a
suitable appearance upon restoration. If overbreakage occurs, permittee
shall extend the removal to the next score line.
(Prior code § 5-8.44)
When the location or position of
a pole or other obstruction makes accentuation of its visibility to
vehicular traffic necessary, the superintendent of streets may require
that the pole or other obstruction be painted or equipped with reflectors
or other aids to visibility prescribed or authorized by the Public
Utilities Commission or the department of public works of the state
at the expense of the permittee.
(Prior code § 5-8.45)
A.
Before a vehicle or combination of vehicles
or object of weight or dimension or characteristic prohibited by law
without permit is moved on any public right-of-way, a permit to do
so must first be granted by the superintendent of streets as set forth
in specifications established by the superintendent of streets or
as otherwise required by him or her.
B.
When authorized by a permit issued pursuant
to this chapter to move a vehicle or combination of vehicles or load
of dimension or weight in excess of that permitted by law, the permittee
shall comply with the general law regulating traffic over a public
street, including posted signs or notices which limit speed or direction
of travel, or weight which may be placed upon a structure or the width
or height that may be moved thereon or thereover, or otherwise restrict
or control travel on a public street. The permittee shall at all times
conform to and abide by the practice and procedure necessary to make
safe and convenient the travel of the general public, and to keep
safe and preserve the public highway over and on which movement is
being made. Any violation of this section shall act toward cancellation
of the permit issued to the permittee.
C.
Prior to commencing any move for which
a permit is granted pursuant to this section, the permittee shall
give at least 48 hours written notice to all police and fire department
authorities having jurisdiction.
(Prior code § 5-8.46)
Individualized mailboxes required
to be located at or near the curb in order to conform to the requirements
of the United States Postal Service shall be permitted within the
public right-of-way, provided the mailboxes comply with the resolution
establishing standards for mailboxes. Copies of the resolution, or
amendments thereto are available in the city clerk's office.
(Prior code § 5-8.47)
A.
Planting or Erection.
1.
No hedge, fence, shrub or similar
structure shall be planted, erected, or maintained in a watercourse
or right-of-way without a permit.
2.
No hedge, shrub or other planting
whatever, fence or similar structure shall be maintained across any
existing walkway in a sidewalk area or shoulder. The intent of this
restriction is to keep free a walkway for pedestrian or other lawful
public travel without interference by or with vehicular travel. No
encroachment of any nature will be permitted or maintained which impedes,
obstructs, or denies such pedestrian or other lawful travel within
the limits of the right-of-way of a public street, or which impairs
adequate sight distance for safe pedestrian or vehicular traffic.
B.
Maintenance. The permittee, or the owner
of the adjacent property, shall maintain the hedges, shrubs, walls,
fences or similar structures erected for landscaping purposes in a
neat and orderly condition at all times. If the encroachment is not
maintained as specified in this chapter, the superintendent of streets
may direct that the permittee or property owner remove the encroachment
and restore the right-of-way or watercourse to its former condition
at the expense of the permittee or property owner.
C.
Lawns.
1.
Notwithstanding anything contained
in this chapter to the contrary, any person may plant and maintain
a lawn of grass, or type not prohibited by other law, within the right-of-way
of a public street without a written permit. However, the lawn shall
not extend into the traveled way of the public street nor into the
drainage ditches, gutters or other drainage facilities.
2.
The general public may not be denied
the use of the planted area for pedestrian or other lawful travel.
The city may use the planted area for any purpose whatever, and may
issue a permit to any applicant to go thereon to perform work or otherwise
encroach pursuant to this chapter. If the lawn is damaged or disturbed
in the course of any authorized encroachment, it will be removed and
replaced by the permittee unless the permit specifically states otherwise.
(Prior code § 5-8.48)
A.
Permit Required. A sidewalk dining/decorative
display permit shall be required for any tables, chairs, benches,
displays, or other appurtenances placed in the public right-of-way
for the purpose of establishing a sidewalk dining area or sidewalk
decorative display. The zoning administrator shall issue such permit
upon a finding that the requirements of this section have been met.
B.
Location. Sidewalk dining areas and sidewalk decorative displays within the public right-of-way are permitted only within the downtown revitalization district as delineated in Chapter 18.74 of this code.
C.
Procedure.
1.
Establishment of a sidewalk dining area or sidewalk decorative display shall require design review approval and issuance of a sidewalk dining/decorative display permit by the zoning administrator. The zoning administrator shall follow the procedures of Section 18.20.040 of this code (design review) prior to issuing a sidewalk dining/decorative display permit, except that notices for sidewalk dining areas serving alcoholic beverages shall be sent to all property owners and businesses within 300 feet of the proposed site. The zoning administrator may establish conditions of approval for the sidewalk dining area or sidewalk decorative display as necessary to achieve the requirements of this section.
2.
Upon receipt of an application for sidewalk dining serving alcoholic beverages, the zoning administrator shall refer the application to the chief of police for his or her review and comment. Approval of the sidewalk dining permit by the zoning administrator shall also fulfill the requirements of Chapter 10.20 of this code.
D.
Standards. The following standards shall
be met for the establishment and maintenance of a sidewalk dining
area or sidewalk decorative display within the public right-of-way.
1.
Physical Requirements.
a.
A four-foot unobstructed sidewalk
clearance for pedestrians shall be maintained at all times from a
table, chair, bench, display, planter, enclosure or any other appurtenance
used as part of a sidewalk dining area or sidewalk decorative display
and a two-foot clearance shall be maintained from the face of curb
to any such appurtenance.
b.
No sidewalk dining area or sidewalk
decorative display shall be located so as to block access to or from
a building. A minimum unobstructed clear area shall be maintained
which extends two feet to either side of both door jambs and eight
feet perpendicularly from the door in a closed position.
c.
On a corner lot, no sidewalk dining
area or sidewalk decorative display shall be located within the area
bounded by the extensions of the corner building walls between the
building and the curb.
d.
Sidewalk decorative displays shall
occupy no more than 50 square feet.
e.
All sidewalk dining furniture and
sidewalk decorative displays shall be removed daily after business
hours, except that planters or other approved enclosures around a
sidewalk dining area may remain if unable to be easily moved.
f.
No portion of a sidewalk decorative
display shall be permanently attached to the sidewalk.
g.
Sidewalk dining area enclosures may
be required to be affixed to the sidewalk or building in the reasonable
determination of the zoning administrator.
h.
Any umbrella, heater, or similar
feature used in a sidewalk dining area or sidewalk decorative display
shall be safely secured.
i.
Sidewalk dining areas and sidewalk
decorative displays shall generally be located within the sidewalk
area fronting the establishment. Such areas may be extended beyond
the frontage with the approval of any affected business owner and
the zoning administrator.
2.
Design.
a.
The design and appearance of all
proposed improvements or furniture, including, but not limited to,
tables, chairs, benches, umbrellas, planters, and menu boards, to
be placed in the sidewalk dining area shall present a coordinated
theme and be compatible with the appearance and design of the principal
building, as determined by the zoning administrator.
b.
Sidewalk decorative displays shall
be designed to enhance the appearance of a structure or site and shall
present an attractive arrangement of merchandise sold within the store.
c.
No signs shall be permitted in connection
with a sidewalk dining area or sidewalk decorative display except
as may be required by the city for reasons of public health or safety,
or unless as approved by the zoning administrator as part of the application.
3.
Hours of Operation. A sidewalk dining
area may operate between 7:00 a.m. and 10:00 p.m.
4.
Maintenance.
a.
The permittee shall maintain the
sidewalk dining area or sidewalk decorative display, and the adjoining
street, curb, gutter, and sidewalk in a neat, clean, and orderly condition
at all times. This shall include all tables, chairs, benches, displays,
or other appurtenances placed in the public right-of-way. Provisions
shall be made for trash receptacles to serve the sidewalk dining area,
subject to the approval of the zoning administrator.
b.
If the sidewalk dining or decorative
display area is not used for 10 continuous days, the permittee shall
clean the surface of the sidewalk by washing or buffing to remove
any stains, marks, or discoloring to the satisfaction of the superintendent
of streets.
5.
Special standards for outdoor dining
areas with alcoholic beverage service.
a.
Alcoholic beverages may only be served
in sidewalk dining areas which are established in conjunction with
a restaurant. For purposes of this section, a "restaurant" is a business
operating within an enclosed building which has as its primary purpose
the serving of meals prepared on the premises, which devotes the majority
of its floor area to food preparation and dining, where table service
is provided, and where any bar or liquor service area shall be clearly
subordinate in both area of premises devoted to it and share of gross
receipts to the primary dining function of the restaurant.
b.
The sidewalk dining area shall be
physically separated from the rest of the sidewalk by an enclosure
no greater than three feet and no less than one foot in height. The
enclosure shall be compatible with the appearance and design of the
building and the rest of the sidewalk dining area and shall be subject
to the approval of the zoning administrator. The enclosure shall be
placed on the site as approved by the zoning administrator.
c.
All entrances/exits of the sidewalk
dining area shall be posted with signs, subject to the approval of
the zoning administrator, stating that alcoholic beverages must be
kept within the sidewalk dining area at all times. In addition, small
cards shall be placed on each table giving notice that removal of
alcoholic beverages from the sidewalk dining area is not allowed.
d.
The capacity of the sidewalk dining
area shall be limited to the number of seats, as approved by the zoning
administrator.
e.
No bar shall be allowed in the sidewalk
dining area.
f.
Empty beverage containers shall be
removed from the sidewalk dining area as soon as possible.
g.
A license shall be obtained from
the Department of Alcoholic Beverage Control (ABC) prior to the operation
of a sidewalk dining area serving alcoholic beverages and shall be
maintained continuously as long as alcoholic beverages are served
in the sidewalk dining area. Loss of such license shall automatically
constitute termination of the city permit to serve alcoholic beverages
in the sidewalk dining area.
E.
Indemnification/Insurance. The permittee
shall defend, indemnify and hold harmless the city and its officers
and employees from and against all claims, losses, damage, injury
and liability for damages arising from the permittee's use of the
public right-of-way. The permittee shall provide to the city in a
form and in amounts acceptable to the city attorney, certificates
of insurance evidencing the existence of a general liability policy
covering the area subject to the permit.
F.
Suspension of Permit. The director of operation
services, police chief, city engineer, or designee shall have the
right to suspend or prohibit the operation of a sidewalk dining area
or require removal of a sidewalk decorative display at any time because
of anticipated or actual problems or conflicts in the use of the sidewalk
area. Such problems or conflicts may arise from, but are not limited
to, scheduled festivals, parades, marches and similar special events;
repairs to the street, sidewalk or other public facility; or from
demonstrations or emergencies occurring in the area. To the extent
possible, the city will give prior written notice of any time period
during which the operation of the sidewalk dining area or sidewalk
decorative display must be suspended.
G.
Violation of Conditions.
1.
If any portion of a sidewalk dining
area or sidewalk decorative display obstructs the public right-of-way
beyond which is provided for in this section, the zoning administrator
or designee shall immediately direct the permittee to move the obstruction.
If the permittee fails to do so, the zoning administrator or his or
her/her designee is entitled to immediately move the obstruction.
2.
If the sidewalk dining area or sidewalk
decorative display is not maintained in a neat, clean, and orderly
condition, or as conditioned by the zoning administrator, the zoning
administrator or designee shall direct that the permittee or property
owner correct the condition and/or remove the furniture, displays,
and appurtenances. If the zoning administrator finds that it is necessary
to remove the furniture, displays, enclosures or appurtenances in
the interest of the public health, safety, or general welfare and
the permittee fails to remove them, the zoning administrator or designee
may immediately remove them at the expense of the permittee or property
owner.
3.
A sidewalk dining/decorative display
permit may be revoked by the zoning administrator upon a determination
that the permittee has not complied with the provisions of this section
or the conditions of the design review approval. The zoning administrator
shall hold a hearing and, if not satisfied that the provisions or
conditions are being complied with, shall revoke the permit or take
such actions as may be necessary to ensure compliance with the regulation
or condition.
4.
The zoning administrator shall suspend the service of alcoholic beverages in the sidewalk dining area and shall hold a hearing on the matter as provided in subsection (G)(3) above if a sidewalk dining area serving alcoholic beverages is not operated as required in this section, or if the restaurant operator is not able to control patrons consuming alcoholic beverages to the extent that patrons demonstrate a pattern of behavior of loud, offensive, or abusive actions, the physical or verbal harassment of passers-by, or the removal of alcoholic beverages from the sidewalk dining area.
H.
Right to Modify or Revoke. If at any time a sidewalk dining area or sidewalk decorative display interferes with the public use of the sidewalk, the zoning administrator may review, modify or revoke the sidewalk dining/decorative display permit. A sidewalk dining/decorative display permit issued pursuant to this section is revocable by the zoning administrator at any time and for any reason. Any modification, suspension or revocation is subject to the appeal procedures outlined in Section 13.04.490.
(Ord. 1485 §
2, 1990; Ord. 1607 § 2, 1993; Ord. 2179 § 2, 2018)
A.
No portion of any irrigation system shall
extend above the level of the surrounding ground or pavement.
B.
No irrigation system shall be installed
in such a way as to direct sprays or streams of water onto or over
adjacent street, sidewalk or driveway areas.
C.
No private person shall operate an irrigation
system adjacent to any four lane street within the city between the
hours of 6:00 a.m. and 9:00 p.m.
1.
The city engineer or designate may
approve exceptions to the limitations on hours of operation if necessary
to sustain newly planted landscape materials, or for system maintenance
or testing, provided such approval is given in advance and in writing.
2.
No person shall be convicted of violation
of this subsection if that person shall demonstrate that the violation
was caused by the effect of a power outage or power surge upon an
electrically controlled system and that the violation was corrected
within 24 hours of the power outage or power surge.
(Prior code § 5-8.49; Ord. 1223 § 1, 1985; Ord. 2000 § 1, 2009)
Any monument of granite, concrete,
iron or other lasting material set for the purpose of locating or
preserving the lines and/or elevation of any public street or right-of-way,
property subdivision or a precise survey point or reference point
shall not be removed or disturbed without first obtaining permission
from the superintendent of streets to do so; said permission to be
granted in conformance with requirements as set forth in specifications
established by the superintendent of streets. Replacement of removed
or disturbed monuments will be at the expense of the permittee.
(Prior code § 5-8.50)
Each permittee installing, constructing,
or maintaining underground facilities, such as pipes, wires, conduits,
or similar structures, shall maintain accurate and complete maps of
such facilities. The superintendent of streets shall be furnished,
at no cost to the city, information regarding location, size and character
of such facilities, either by sketches or maps, as may be necessary
from time to time.
(Prior code § 5-9.01)
Public service directional signs
for churches, hospitals and similar places of public use may not be
erected, placed or maintained within a right-of-way without first
obtaining a permit under this chapter. The city council may, from
time to time, adopt by resolution special regulations and fee schedules
pertaining to encroachment by such signs.
(Prior code § 5-9.02)
The superintendent of streets shall
encourage private persons and public agencies to complete all maintenance
and new construction before a street or other right-of-way is improved
or newly paved. He or she shall scrutinize closely, and be firm in
granting variances to these provisions upon receiving applications
for encroachments on newly paved streets.
(Prior code § 5-9.03)
A.
Who May Appeal. Any person aggrieved by
the action of any administrative official of the city acting under
this chapter may appeal the decision to the city council.
B.
Method of Filing Appeal. The aggrieved
person shall file notice in writing with the city clerk within seven
days after final action of the administrative official whose action
is being appealed.
C.
Action of City Council. The city council
may affirm, modify or reverse the action of the administrative official
from whom the appeal is taken.
(Prior code § 5-9.07)
