"Encroach"
includes going upon, over, under or using any right-of-way in such a manner as to prevent, obstruct or interfere with the normal use of that way, including the performance thereon of any of the following acts:
A. 
Excavating or disturbing the right-of-way.
B. 
Erecting or maintaining any post, sign, pole, fence, guard rail, wall, loading platform or other structure on or over or under the right-of-way.
C. 
Planting any tree, shrub, grass or other growing thing within the right-of-way.
D. 
Placing or leaving on the right-of-way any rubbish, brush, earth or other material of any nature whatever.
E. 
Constructing, placing or maintaining on, over, under or within the right-of-way any pathway, sidewalk, driveway or other surfacing, any culvert or other surface drainage or subsurface drainage facility, any pipe, conduit or cable.
F. 
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.
G. 
Lighting or building a fire.
H. 
Constructing, placing, planting or maintaining any structure, embankment, excavation, tree or other object adjacent to the right-of-way which causes or will cause an encroachment.
I. 
Deploying, installing, or locating of small cell wireless facilities upon existing or new structures within the public right-of-way; for the purposes of the definitions in subsections I and J of this section, "small cell wireless facilities" shall mean a wireless telecommunications facility that meet each of the following conditions:
1. 
The structure on which antenna facilities are mounted:
a. 
Is fifty feet or less in height, or
b. 
Is no more than ten percent taller than other adjacent structures, or
c. 
Is not extended to a height of more than ten percent above its preexisting height as a result of the collocation of new antenna facilities; and
2. 
Each antenna (excluding associated antenna equipment as defined by 47 C.F.R. Section 1.1320(d)) is no more than three cubic feet in volume;
3. 
All other wireless equipment associated with the facility are cumulatively no more than twenty-eight cubic feet in volume;
4. 
The facility does not require antenna structure registration under 47 C.F.R. Chapter 1, Subchapter A, Part 17;
5. 
The facility is not located on Tribal lands, as defined under 36 C.F.R. Section 800.16(x); and
6. 
The facility does not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section 1.1307(b).
J. 
Using, accessing, or connecting to conduits, circuits, panels, or related infrastructure in connection with the deployment, installation, or location of small cell wireless facilities in the public right-of-way.
(Ord. 19-59 § 4, 1959; Ord. 855-19 § 2, 2019)
"Permittee"
means any person(s), firm, company, corporation, association, public agency or organization that proposes to do work or encroach upon a public highway as herein defined and has been issued a permit for said encroachment by the City Engineer. All obligations, responsibilities, and other requirements of the permittee as herein described, shall be binding on subsequent owners of the encroachment.
(Ord. 19-59 § 8, 1959)
"Public street"
means the full width of the right-of-way of any road, street, lane or alley used by or for the general public, whether or not those roads, streets, lanes and alleys have been accepted as and declared to be part of the City system of public streets, except streets forming a part of the State Highway system.
(Ord. 19-59 § 2, 1959)
"Right-of-way"
means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the use of the general public for street or highway purposes.
(Ord. 19-59 § 3, 1959)