A. 
Permit Required. No person shall place or cause to be placed on any street, sidewalk, or public place any material, machinery or apparatus for building, paving or other purposes and allow the same to remain there for 24 hours without an encroachment or other permit from the director or such other officer as may be designated by the council. If the use of the street or sidewalk is in connection with a street construction or excavation permit, then the provisions of the permit shall apply. If the use of the street, sidewalk or public place is not in connection with these permits then an encroachment permit shall be obtained.
B. 
Permit Provisions. The encroachment permit shall specify the portion of the street or sidewalk as approved by the city attorney, which period shall not be longer than may be reasonably necessary and may be extended only in case of necessity.
C. 
Permit Fee. The encroachment permit shall be granted to the owner of the lot, or the builder or contractor, who wishes to use the space, upon depositing with the director a bond as approved by the city engineer, as a guarantee to the city that the permittee will remove or cause to be removed all dirt, debris and materials of any kind from the street to the satisfaction of the director immediately upon the completion of the proposed work, or at such time prior thereto when, in the judgment of the director, the public interest and convenience will be subserved by the removal of the same, or any portion thereof, and that he or she will repair all damage done to street, gutter, curb or sidewalk.
D. 
Default—Forfeiture of Deposit. Upon the failure or negligence of the permittee to remove or cause to be removed, to the satisfaction of the director, such dirt, debris or materials as aforesaid within two days after being notified so to do by the director, the money so deposited as a guarantee, or so much thereof as may be necessary, shall be used by the director in removing such dirt, debris or materials and the balance, if any, returned to the permittee.
(Prior code § 11.10.010; Ord. 94-6 § 3, 1994)
Every permittee referred to in Section 12.08.010 shall obey every lawful direction of the director, as to such building material, whether contained in such permit or made after issuance thereof, and shall comply with the following rules:
A. 
Area for Occupation. Such permits shall not authorize the occupation of any sidewalk or street, or part thereof, other than that immediately in front of the premises of the building for the construction of which the permit is issued. During the progress of building operations at least six feet of the sidewalk pavement covered by such permit shall be at all times kept clear of rubbish and dirt for the free and unobstructed use of pedestrians.
B. 
Temporary Walkways. Whenever the sidewalk must be occupied or removed, a temporary plank walk not less than three feet in width, with substantial railings shall be constructed around the outside of the obstruction and maintained during the obstruction of the sidewalk. All walkways adjacent to a construction zone shall be covered in such a manner as to protect the public from falling objects in a manner approved by the director, unless the director shall waive the requirement as necessary.
C. 
Protective Railing. If there are excavations on either side of the sidewalk, such sidewalk must be protected by substantial railings not less than two and one-half feet high from the floor of the walk. The railings are to be maintained so long as such excavations and depressions must be barricaded.
D. 
Barricades Required. All approaches to excavations and depressions must be barricaded.
E. 
Director to Regulate. In all cases such temporary sidewalks, railings and approaches shall be made as regards ease of approach, strength and safety to the satisfaction of the director.
F. 
Waterways and Gutters to be Kept Clear. All gutters and waterways must be bridged over and kept clear of obstructions to the free passage of water.
G. 
Fire Hydrants to be Kept Clear. Material or other obstructions must not be placed within 12 feet of any hydrant used for fire purposes.
H. 
Warning Lights. Warning lights of a type approved by the director must be displayed and maintained at each end of every pile of material or other obstructions in the street, and at each and every excavation from six p.m. to six a.m.
I. 
Removal of Excavated Earth. Earth taken from excavations and rubbish taken from buildings must not be stored either upon sidewalks or roadways or streets, and must be removed from day to day as rapidly as produced. When dry rubbish, apt to produce dust, is being handled, it must be wetted down so as to prevent its being blown about by the wind.
J. 
Temporary Fencing. Whenever it becomes necessary for the safety of pedestrians to erect a fence in front of a building under construction, the fence, if built upon the street or sidewalk, shall not exceed six feet in height and shall contain no advertising matter.
K. 
Street Occupation Limited. The occupation of the street for the storage of building materials shall never exceed, in front of any one building, one-third of the roadway of the same.
(Prior code § 11.10.020; Ord. 94-6 § 3, 1994)
A. 
Purpose. It is the purpose and intent of this section to allow for building eaves and/or roof encroachments in commercially zoned property to provide for trellised and/or covered walkways in the public right-of-way. Such improvements may be desirable in order to make Buellton a more attractive, better functioning and more effective civic center and is for the public health, safety and welfare. Nothing in this section shall be construed so as to permit any advantage by the permit which would allow any increased opportunities to display advertising devices, signs, etc.
B. 
Permit—Conditions. Subject to the issuance of an encroachment permit, the planning commission may approve an eaves or roof overhang into a public right-of-way over sidewalks for the purpose of providing trellised and/or covered walkways, subject to the following conditions, all of which shall be part of the permit:
1. 
Encroaching structures shall be attached to a main building. Such structures may extend over a public right-of-way utilized or intended for use by pedestrians.
2. 
In order to insure pedestrian clearance and safety, the minimum distance between any portion of such structure, or any object attached to it and the finished grade of the pedestrian walkway shall be eight feet.
3. 
The planning commission shall approve, disapprove or modify the proposed architectural design of the structure intended to encroach into the public right-of-way. The planning commission shall approve, disapprove or modify any sign arrangement made possible by the encroaching structure. The planning commission shall approve, disapprove or modify any lighting arrangement.
4. 
The planning commission may require such other conditions as it deems appropriate which may be more restrictive than provided elsewhere within this title.
5. 
The permittee shall agree to protect, defend, indemnify, and hold the city harmless from any and all actions and causes of action arising out of or caused by the encroachment, and the permittee agrees that the license shall create no rights in conflict with the public interest.
6. 
The planning commission shall require provision for insurance with the city as a named beneficiary for the granting and continuance of all encroachment permits. Such insurance shall be in accordance with the form and amount specified by the city attorney.
7. 
The encroachment permit and its conditions shall be in accordance with an overall plan or design adopted for the commercial area or district by the planning commission.
(Prior code § 11.10.030; Ord. 94-6 § 3, 1994)
No person shall erect or repair any wooden awnings which shall project over any sidewalk or portion of a sidewalk or street. Every person owning, occupying or controlling any building in front of which a wooden awning which is unsafe or in a dangerous condition or an obstruction to the street or portion thereof projects over the sidewalk or portion of the street, shall cause the same to be removed within five days after being notified so to do by the director.
(Prior code § 11.10.040; Ord. 94-6 § 3, 1994)
No person shall hang or display in front of any premises, owned, occupied or controlled by him or her, over or across any public street, place or sidewalk, any banner or other similar device used for advertising unless a permit has been obtained per Title 19 of this code. In the event that the city staff shall deny the permit, or the applicant for the permit disagrees with the regulations prescribed by the city staff, the applicant may appeal to the council within ten days after action by the city staff by filing a written notice with the city clerk. The council also may, on its own motion, after action by the city staff, set the matter before itself, in which event, the action of the city staff shall be suspended, pending action by the council.
(Prior code § 11.10.060; Ord. 94-6 § 3, 1994)
No persons shall permit branches of trees or shrubs to extend within seven feet from the ground over any portion of the street or sidewalk next to or in front of premises owned or occupied by him or her except that portion within four feet from the curb line or edge of traveled way (if no curb exists) thereof.
(Prior code § 11.10.070; Ord. 94-6 § 3, 1994)
No persons shall place or cause to be placed anywhere upon any public street, way or sidewalk, and no person owning and occupying or having the control of any premises in the city shall suffer to remain in front thereof upon the sidewalk or portion of the street or way next to such premises any boxes, bales, barrels, wood, lumber, goods, wares and merchandise, or any other thing. Provided, however, that goods, wares and merchandise in transit may be allowed on the outer three feet of the sidewalk for a period not to exceed six hours, where at least five feet of unobstructed sidewalk remains.
(Prior code § 11.10.080; Ord. 94-6 § 3, 1994)
No person shall, upon any property owned or leased by him or her, and contiguous to or along any public street, place or sidewalk, construct, set up or maintain any barbed wire, razor ribbon wire or other similar wire fence intended to deter passing over, under or through such fence or enclosure.
(Prior code § 11.10.090; Ord. 94-6 § 3, 1994)
All contractors and other persons making any trench on any street shall at night keep signal lights of a type approved by the director at every 30 feet along the trench throughout the entire night and must take all other necessary precautions to guard against all accidents and dangers.
(Prior code § 11.10.100; Ord. 94-6 § 3, 1994)
The director, or such other officer as may be designated by the council is authorized and empowered to remove, or cause to be removed to any place selected by him or her, all materials and things of whatever nature, which obstruct the free use of any street, lane, park or sidewalk or portion thereof in the city or which render the same dangerous to the public, and sell the same, after notice. The owner of the materials or things so removed may recover the same before the same are sold by the director on payment of the actual costs and charges of such removal and other incurred expenses.
(Prior code § 11.10.110; Ord. 94-6 § 3, 1994)
Whenever the free passage of a public street or sidewalk or any part of such street or sidewalk shall be obstructed by a crowd of people, the persons composing such crowd shall disperse or move on when directed so to do by the sheriff or any police officer.
(Prior code § 11.10.120; Ord. 94-6 § 3, 1994)