As used in this chapter:
"Breakaway"means constructed in a manner such that the encroachment will yield readily if struck by a vehicle pursuant to state guidelines for breakaway objects as described in the California Manual of Traffic Control Devices or Roadside Design Guide or Caltrans Highway Design Manual or as approved by the public works director.
"Curb"means the raised edging along any public road, boulevard, street, avenue, lane or alley and includes the contiguous public gutter or channel for carrying off surface water.
"Director"means the director of public works, or designee for the purposes of this chapter.
"Driveway"means that portion of the road right-of-way between the property line and curb, or between the property line and the pavement if no curb exists, where vehicles enter or leave the street onto adjacent property.
"Encroachment"means and includes any fence, wall, building, structure, obstruction, tower, pole, pipe, wire, cable, conduit, stand or building, or any structure or object of any kind or character not particularly mentioned in this chapter, which is temporarily placed in, along, under, over or across the street.
"EA"means encroachment agreement, a recorded document establishing the terms and conditions under which a private encroachment may be constructed and/or maintained.
"Parkway"means that area between the curb of any street and the adjacent private property line, and where there is no sidewalk and/or curb, that area between the edge of the roadway and the property line adjacent thereto. Parkway shall also include any area within a roadway which is not open to vehicular travel, and includes sidewalks, landscaped areas, center medians, unimproved areas, driveway approach, curbing, bulkhead, retaining wall or other works located in any public street, way or thoroughfare within the city.
"Pavement"means the surfaced portion of the street which is composed of various size aggregates mixed with Portland cement and/or asphaltic compounds used for vehicle and/or pedestrian travel.
"Permit"means a highway permit as described in Chapter
8.01 of this code, also known as a "construction permit."
"Person"includes any individual, firm, co-partnership, joint venture, association, corporation, estate, trust, business trust, any district, any city including this city, any county, and all departments and bureaus thereof except the road department of this city.
"Private encroachment"means any encroachment installed, constructed, maintained, repaired, reconstructed, or modified by someone other than a governmental agency. "Private encroachment" does not include any encroachment maintained by a governmental agency as part of the public infrastructure, whether or not it was installed by private person.
"Property owner"means any individual, firm, corporation, nonprofit organization, collective, entity, or the agent or representative of any individual, firm, corporation, nonprofit organization, collective or entity, holding current or future ownership, title and/or property interest (including, but not limited to, tenancy interests) or is materially responsible for private encroachments located within the right-of-way, including their successors.
"Public"means any person as defined by this chapter and includes the United States, this state, the county of Los Angeles and the city.
"Repair"includes the fixing, reconstruction, replacement, modification, or restoration of any structure in the public right-of-way or on private property.
"Right-of-way"means any property of which the city has an easement or ownership for public travel use or as a buffer between road use and private property.
"Roadway"means that portion of a street improved, designed or ordinarily used for vehicular travel.
"Section"means a section of an ordinance codified in this code unless some other ordinance or statute is specifically mentioned.
"Shall"is mandatory; "may" is permissive.
"Sidewalk"means any surface provided for the general use of pedestrians.
"Street"means all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys, sidewalks, berms or shoulder parkway, right-of-way or median strip.
"Structure"means anything built, constructed, fabricated, formed or placed which requires a fixed location on the ground, or is attached to something having a fixed location on the ground regardless of method or location of its creation.
"Vehicle"means and includes every wagon, cart, push cart, coach, carriage, omnibus, automobile, cycle, car, motorcycle, truck, trailer, tractor engine, tractor or other conveyance or contrivance for moving persons, animals or things in whatever manner and by whatever force or power the same may be ridden, driven, propelled, drawn or moved, which is driven, propelled, drawn or moved on a public right-of-way.
"Vehicle Code"means the state of
California Vehicle Code in effect at the time of issuance of an encroachment permit.
All other definitions used in the Municipal Code not identified in this section shall remain applicable to this chapter.
(Ord. 396 § 1, 2011)