Unless the context otherwise requires, the definitions contained in this section shall govern the construction of this Chapter.
"Encroach" or "encroachment" includes going upon, over, under, or using any street in such a manner as to prevent, obstruct, or interfere with its normal use, including, but not limited to, the performance thereon of any of the following acts:
Excavating, filling or disturbing the street;
Erecting or maintaining any post, pole, fence, guard rail, wall, loading platform, or other structure on, over or under the street;
Planting any tree, shrub or other growing thing within the street;
Placing or leaving on the street any rubbish, brush, earth or other material of any nature whatever;
Constructing, placing, or maintaining on, over, under, or within the street any pathway, sidewalk, driveway, or other surfacing, any culvert or other surface drainage or sub-surface drainage facility, any pipe, conduit, wire, or cable;
Traveling on the street by any vehicle or combination of vehicles or object of dimension, weight or other characteristic prohibited by law without a permit;
Moving any building in, into, through or from the City of San Leandro on, over or through any street;
Lighting or building a fire;
Constructing, placing, planting or maintaining any structure, embankment, excavation, tree or other object adjacent to the street which causes or will cause an encroachment;
Placing or causing to be placed any material, machinery or apparatus on the street for building, paving or other purposes for over 24 hours;
Placing street furniture, including bicycle racks, within the public right-of-way;
Deploying, installing, or locating of small cell wireless facilities upon existing or new structures within the public roadway right-of-way;
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 roadway right-of-way.
"Permittee" means any person that proposes to do work or encroach upon a street as herein defined and has been issued a permit for said encroachment by the Public Works Director.
"Person" shall mean any individual, firm, partnership, association or corporation, including any public agency or utility, or any agent or representative thereof and includes successors in interest.
"Public Works Director" shall mean the San Leandro Public Works Director, Engineering and Transportation Director or designee.
"Street" shall mean the full width of the right-of-way of any street, as defined in the California Vehicle Code used by the general public, whether or not such street has been accepted as and declared to be part of the City system of streets, including streets forming a part of the State Highway System. "Street" also includes easements where the City is the grantee of the easement and property owned by the City of San Leandro, the Redevelopment Agency of the City of San Leandro or the Parking Authority of the City of San Leandro.
"Small cell wireless facilities" shall mean a wireless telecommunications facility that meets each of the following conditions:
Each antenna (excluding associated antenna equipment as defined by 47 C.F.R. § 1.1320(d)) is no more than three cubic feet in volume; and
All other wireless equipment associated with the facility are cumulatively no more than 28 cubic feet in volume; and
The facility does not require antenna structure registration under 47 C.F.R. Chapter 1, Subchapter A, Part 17; and
The facility is not located on Tribal lands, as defined under 36 C.F.R. § 800.16(x); and
The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b).