For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
"Caretaker"
means the person or persons who are responsible for the care and maintenance of the park.
"City"
means the City of Blue Lake.
"Park system"
means Perigot Park, Rodeo Grounds and Tennis Court; and Tot Lot or any other area in the City, owned or used by the City and devoted to active and passive recreation.
"Perigot Park"
means that area in the park system of the City located at the intersection of South Railroad Avenue and Chartin Road. This includes the picnic areas, ballfields and park building (Assessor's Parcel No. 25-132-01).
"Person"
means any person, firm, partnership, association, corporation, company, civic, fraternal, non-profit or organization of any kind.
"Picnic area"
means that area located in Perigot Park and any other area that is normally used for picnics and are equipped with picnic tables.
"Rodeo Grounds"
means that park area in the park system of the City located on Chartin Road East, which includes the tennis court area (Assessor's Parcel No. 25-141-01).
"Tot lot"
means that park area in the park system of the City located on the corner of 4th and I Streets (Assessor's Parcel No. 25-027-07).
"Vehicle"
means any wheeled conveyance, whether motor-powered, animal drawn, or self-propelled. The term shall include any trailer in tow of any size or kind. Exception is made for baby carriages, bicycles or vehicles in the service of the City.
No person shall:
A. 
Wilfully mark, deface, injure, tamper with, or displace or remove, any buildings, bridges, tables, benches, fireplaces, railings, bleachers, ballfields, water lines, paving or paving materials or other public utilities or parts thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.
B. 
Litter, soil or defile restrooms. No person over the age of eight years shall use restrooms and washrooms designated for the opposite sex.
C. 
Dig or remove any soil, rock, stones, trees, shrubs or plants, down timber or other wood or materials or make any excavations by tool, equipment or any other means or agency.
D. 
Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across the land, except on special written permission issued hereunder.
E. 
Go upon any lawn or grass areas where prohibited by the Director or where the prohibition is indicated by proper and legible signs.
F. 
Erect or maintain any overhead wires through the park without prior written permission.
G. 
Damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers, or seeds of any tree or plant; nor shall any person attach any rope, wire or other conveyance to any tree or plant. A person shall not dig or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area.
H. 
Climb any tree or walk, stand or sit upon any monuments, vases, fountains, fireplaces, railings, tables, fences or upon any other property not designated or customarily used for such purposes.
I. 
Hunt, molest, harm, frighten, trap, chase, kill, tease or shoot or throw missiles at any animal, reptile or bird, nor shall he or she remove or have in his or her possession the young offspring of any wild animal or the eggs or nest of any bird or young of any reptile or bird.
J. 
Give or offer or attempt to offer any animal or bird tobacco, alcohol or other known noxious substances.
No person in the park shall:
A. 
Throw, discharge, or otherwise place or cause to be placed in the waters or any fountain, pond, stream or any other body of water in or adjacent to the park or any tributary, stream, storm sewer or drain flowing into the waters any substance, matter or things, liquid or solid, which will or may result in the pollution of the waters.
B. 
Have brought in or shall dump, deposit, or leave any bottles, broken glass, ashes, paper, boxes, cans, refuse or trash; nor shall there be placed in any waters in or contiguous to any park, or left anywhere on the grounds thereof, but shall be placed in proper receptacles where these are provided, all other such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere.
No person in the park shall:
A. 
Fail to comply with all applicable provisions of the Vehicle Code of the State of California in regard to equipment and operation of vehicles together with such regulations as are contained in this chapter and ordinances of the City of Blue Lake regulating traffic.
B. 
Fail to obey all police officers and park caretakers who are hereafter authorized and instructed to direct traffic whenever and wherever needed in the park in accordance with the provisions of these regulations and such supplementary regulations as may be issued subsequently by the City.
C. 
Fail to observe carefully all traffic signs, parking, and all other signs posted for the proper control and to safeguard life and property.
D. 
Ride or drive any vehicle on any area in the park system of the City, whether Perigot Park, Rodeo Grounds or Tot Lot.
E. 
Drive or ride any motor-driven cycle in the park system of the City, whether in Perigot Park, Rodeo Grounds or Tot Lot.
F. 
Park a vehicle in other than an established or designated parking area in the park system, whether Perigot Park, Rodeo Grounds or Tot Lot, and parking shall be in accordance with the posted directions at any area and with the instructions of any attendant who may be present.
No person in the park shall:
A. 
Use any portion of the picnic area or any of the buildings or structures in the park system for the purpose of holding picnics to the exclusion of other persons, except by permit only. Nor shall any person use the area and facilities for an unreasonable length of time if the facilities are crowded.
B. 
Leave a picnic area or any other area in the park system used for picnic or lunch before all trash and refuse has been placed in disposal receptacles where provided.
A. 
A permit shall be obtained from the City Clerk or the City Park and Recreation Commission for the exclusive use of any park facility or area designated for such use by the City Council or Park Commission, such as softball field, Rodeo Grounds, etc.
B. 
Applications. A person seeking issuance of a permit hereunder shall file an application on a form to be issued by the City Clerk or the City Park and Recreation Commission.
C. 
Standards for Issuance. The City shall issue a permit hereunder when it finds:
1. 
That the requested area of the park is available during the period for which the permit is requested.
2. 
That the expected attendance does not exceed the capacity of the area.
3. 
That the use for which the permit is sought complies with the use established for the area of the park requested.
4. 
That the applicant has posted, with the City, the required use fee or clean-up deposit.
D. 
Effect of Permit. The permittee shall be bound by all the park rules and regulations and applicable ordinances fully as though the same were inserted in the permits.
No person shall enter, remain, stay or loiter in any public park in the park system half an hour after sunset to one hour after sunrise of the following day, unless a permit has been issued to an organization to have a meeting on the park system premises or use of the park system facilities in accordance with Section 12.04.060 of this chapter.
No person in a park in the park system shall:
A. 
Expose or offer for sale any article or thing; nor shall he or she station or place any stand, cart, or vehicle for the transportation, sale or display of any article or thing, except any regularly licensed concessionaire acting by and under the authority and regulation of the Park and Recreation Commission.
B. 
Announce, advertise or call the public attention in any way to any article or service for sale or hire, except by permit.
C. 
Paste, glue, tack or otherwise post any sign, placard, advertisement, or inscription whatever, nor shall any person erect or cause to be erected any sign whatever in any park in the park system.
A. 
No person in any area in the park system shall:
1. 
Bring in alcoholic beverages, nor drink any alcoholic beverages at any time within the confines of the park system, except that:
a. 
Picnickers may use alcoholic beverages with their picnic meals in the designated picnic area in Perigot Park, provided they conduct themselves in an orderly manner.
b. 
By permit only, issued in accordance with Section 12.04.060 of this chapter, organizations reserving Perigot Park and Rodeo Grounds for group functions and picnics may dispense alcoholic beverages to their own members and guests.
c. 
By permit only, issued in accordance with Section 12.04.060 of this chapter, alcoholic beverages may be sold at certain events such as rodeos, races and dances.
d. 
Under no circumstances shall alcoholic beverages be used at the Tot Lot or be permitted to be sold.
2. 
Be under the influence of intoxicating liquor as defined in Section 647-f of the California Penal Code.
B. 
No person having the control or care of any dog shall suffer or permit the dog to enter or remain in any area in the park system, except that:
1. 
Any person who is blind may permit his or her seeing eye dog to accompany him or her to any area in the park system.
2. 
During the times that a rabies control clinic under the auspices of the City is held in any area in the park system, any person having control or care of any dog shall be permitted to enter and remain with the dog in such area in the park system.
3. 
By permit only, issued in accordance with Section 12.04.060 of this chapter, organizations which reserve an area in the park system for dog shows may permit dogs to enter or remain in such area in the park system.
C. 
No person having the control or care of any cattle, horse, mule, goat, sheep, swine or fowl of any kind shall suffer or permit such animal to enter or remain in any area in the park system at any time except that:
1. 
Horses may be allowed in, or led, or ridden at the Rodeo Ground.
2. 
By permit only, issued in accordance with Section 12.04.060 of this chapter, organizations which reserve an area in the park system for animal shows or fairs may permit animals to enter or remain in such area in the park system.
D. 
Make or kindle a fire for any purpose in any area of the park system except at places that are designated and provided for such purpose, unless prior special permission is obtained therefor.
E. 
Enter an area posted as "CLOSED TO THE PUBLIC," nor shall any person use, or abet the use of any area in violation of posted notices.
F. 
Play or bet at or against any game which is played, conducted, dealt or carried on for money, chips, shell, credit, or any other representative of value, or maintain or exhibit any gambling table or other instrument of gambling or gaming, or play any game prohibited by any ordinance of the City.
G. 
Sleep or protractedly lounge on the seats, or benches, or other areas, or engage in loud, boisterous, threatening, abusive, insulting, or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the public peace (Sec. 415 of the California Penal Code).
H. 
Use, operate, or cause to be operated, any system for amplifying sound, whether for speech, music, or otherwise. As used herein "system for amplifying sound" means any device which projects or transmits sound by means of electronics; provided, however, that systems for amplifying sound, when their total output is limited to 25 watts or less (whether single or multiple channeled amplification is involved), may be used or operated in the park in conjunction with and if authorized by an exclusive permit issued by the City Clerk or Park and Recreation Commission and subject to such reasonable conditions as the Park and Recreation Commission may impose.
Any section or part of the park may be declared closed to the public by the Park and Recreation Commission at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and either entirely or merely to certain uses, as the Park and Recreation Commission finds reasonably necessary.
The Park and Recreation Commission, Chief of Police, and all park caretakers shall enforce the provisions of this chapter.
The Chief of Police is authorized to post the park system with appropriate signs to notify the public of the provisions of this chapter.
Any person violating any of the provisions of this chapter is guilty of an infraction and upon conviction thereof shall be punished by a fine or not more than $50.00 for the first offense, and for a second or subsequent offense, a fine of not more than $100.00.
A. 
It is unlawful for any person to erect, maintain, or fail to remove, upon notification in accordance with the provisions of this chapter, any encroachment as defined herein situated within any City right-of-way.
B. 
The regulations enacted by this chapter are adopted pursuant to the Streets and Highways Code of the State of California. "City" herein refers to the City of Blue Lake, California. Construction specifications shall be Blue Lake standard specifications as may be amended from time to time. If there are none that are applicable then construction specifications shall be Cal Trans standard specifications as may be amended from time to time.
"Department"
refers to the Department of Public Works.
"Director"
refers to the Director of Public Works, or any person designated by him or her.
"Commercial driveway"
refers to any driveway that is not a "residential driveway" as defined in this chapter.
"Encroachment"
includes any excavation structure or object of any kind or character, temporary or permanent, made, placed or allowed to enter, grow or encroach upon, over or under any City right-of-way within the City maintained street system.
"Facility"
means any structure or object of any kind or character which is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under or over any City right-of-way.
"Fence"
means any obstruction of whatever material or composition which is designed, intended, or used to protect, defend or obscure the interior property of the owner thereof from the view, trespass, or passage of others upon that property.
"Permittee"
is any person who has been issued an encroachment permit by the Director.
"Public streets"
refers to the full width of the right-of-way including the surfaced or traveled portion, shoulders and drainage areas of any road, street, land or alley dedicated to, reserved for, or used by the general public when accepted as and declared to be a part of the public street system.
"Residential driveway"
refers to any driveway serving any property which is used solely as a private residence of one, two, or three single-family dwelling units including duplexes, triplexes, farms or ranches which are not used as retail outlets.
"Right-of-way"
means all land or interest therein which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to the use of the general public for road or highway purposes.
"Sidewalk"
refers to the portion of a public street or right-of-way, other than that part used for vehicular traffic, and set apart by curbs, barriers, markings or other delineation for pedestrian travel.
"Specifications"
refers to the current California Department of Transportation (CAL-TRANS) standard specifications pertaining to construction, and/or any specifications of the City required herein or imposed as a condition of any encroachment permit.
"Tree"
means any growing plant exceeding 10 feet in height, whether growing singly or as a hedge.
"Utility"
means a private company and/or corporation or municipal department engaged in providing a particular service to the general public.
A. 
Act Requiring Permit—Emergency Work.
1. 
No person or representative of any utility company, public corporation, county, city, political subdivision, governmental unit, or their contractors shall make or cause to be made any encroachment as defined in this chapter without first obtaining from the Director a permit to do so.
2. 
Any agency, public or private, may perform emergency maintenance without first securing an encroachment permit, provided the Director is notified prior to starting work. "Emergency" as used in this chapter means any unforeseen maintenance requiring immediate action to prevent injury to persons or property. When City offices are closed, notice shall be given to the Sheriff's Office in Eureka and the California Highway Patrol Office at Sunnybrae. The agency shall then apply for a permit within one day after the offices of the Department are first opened subsequent to the making of the encroachment.
B. 
Application. An application for a permit or special permit required by this chapter shall be made in writing to the Director of Public Works on a form provided by the Department. Such application shall be accompanied by plans sufficient to show the scope of the proposed encroachment and a filing fee as shown on the City's current fee schedule. Such plans may be waived in writing by the Director whenever he or she determines that the nature and scope of the proposed encroachment does not require plans.
C. 
Permit Terms. Any permit issued pursuant to this chapter shall provide that the permittee will pay the entire expense of replacing the roadway in as good condition as existed before conducting work under the permit and shall include such other conditions deemed necessary by the Director for the protection of the public or the public street.
D. 
Term of Permit—Beginning of Work or Use. The permittee shall begin the work or use authorized by a permit issued pursuant to this chapter within 30 calendar days from the date of issuance, unless a different period is stated in the permit. If the work or use is not begun within 30 calendar days, or within the time stated in the permit, then the permit shall become void unless, before its expiration date, the time for beginning has been extended in writing by the Director.
E. 
Term of Permit—Completion of Work. The permittee shall complete the work or use authorized by a permit within the time specified in the permit. If at any time the Director finds that delay in beginning, prosecuting, or completing the work or use is due to lack of diligence by the permittee, he or she may cancel the permit and have the right-of-way restored to its former condition. The permittee shall reimburse the City for all expenses incurred by the City in restoring the right-of-way.
F. 
Permit Transferable. A permit may be transferred, providing the permittee informs the transferee in writing of any unfinished work required by the original permit, and the transferee agrees in writing to accept the terms of the permit and to complete the work required. A copy of the transfer agreement shall be delivered to the Department. Until the Department is notified of a transfer, the permittee of record in the Department may be held liable for costs and damages in connection with the permit and may be held responsible for completion of the work specified in the permit.
G. 
Encroachment Changes. No changes shall be made in the location, dimensions, character, or duration of the encroachment or the use granted by the permit, except on written authorization by the Director.
H. 
Relocation or Removal of Encroachment. Any permit shall be issued to a permittee with the understanding that if the future improvement of the public street necessitates the relocation or removal of such encroachment, the permittee will relocate or remove the same at no expense to the City. In that event the City shall give the permittee, by mail or actual service, its written demand specifying that the encroachment must be removed from the public street or, if to be relocated within the public street, the place of the relocation. The Director shall specify the public street, the place of the relocation. The Director shall specify the time within which the removal or relocation must be completed.
I. 
Action for Removal Expense. The department may remove, or cause to be removed, any encroachment upon the failure of the owner to comply with a notice or demand of the Department under the provisions of subsection H of this section, and shall have an action to recover the expense of the removal, costs and expenses of suit and reasonable attorney fees and, in addition thereto, the sum of $10.00 for each day the encroachment remains after the expiration of the time specified in the notice.
J. 
Abatement of Unauthorized Encroachments.. If the owner, occupant or person in possession of any unauthorized encroachment, or person causing or suffering the encroachment to exist, or any agent thereof disputes or denies the existence of the encroachment, or refuses to remove or permit the removal of the encroachment, the City may commence in any court of competent jurisdiction an action to abate the encroachment as a public nuisance. If judgment is recovered by the City, it may, in addition to having the encroachment adjudged a nuisance and abated, recover $10.00 for each day the encroachment remains after the service of notice in the manner provided in subsection H of this section and may also recover its costs, expenses, and reasonable attorney fees incurred in the action.
K. 
Special Permits.
1. 
A special permit may be issued which allows the holder thereof to accomplish the replacing or repairing of any facility within the public street or right-of-way and tree trimming for overhead utilities without necessity for obtaining a permit for each such encroachment activity.
2. 
Utility poles, wires, cables and other related appurtenances thereto may be installed under the provisions of a special permit; except that no facilities other than overhead wires and cables shall be placed within the traveled portion of any public street or right-of-way.
3. 
Any excavations performed under the authority of a special permit shall not exceed four feet in width and 25 feet in length. The following organizations are eligible to apply for a special permit:
a. 
Any organization having facilities situated in the City of Blue Lake that is regulated by the Public Utilities Commission of the State of California.
b. 
City of Blue Lake.
c. 
The County of Humboldt.
d. 
A special district organized under the laws of the State of California and having facilities situated in the City of Blue Lake.
e. 
A utility organized under the laws of the State of California.
L. 
Limitation of Activity. All activities within the right-of-way under the terms of a special permit shall be done in conformance with the requirements of this chapter applicable to all permits. Any activity done in violation of the requirements shall be grounds for immediate revocation of the special permit by the Director. Any special permit, shall be subject to such conditions as the Director finds necessary for the protection of the public or the public street.
A. 
Protection of Utilities. The permittee shall inform him or herself as to the existence and location of all surface or underground facilities existing in the area where the encroachment will occur and shall be fully responsible for protection of the facilities from damage caused by his or her activity. Permittee shall provide and install suitable safeguards approved by owner, to support, sustain and protect the facilities which in any way may be affected or damaged by the activities of the permittee. All damage to facilities shall be reported promptly to the agency or owner thereof. No such damage shall be repaired by the permittee unless the facility owner authorizes the repair. Any relocation of an existing facility shall be done only by or under the immediate supervision of the facility owner. The cost of moving existing facilities shall be determined by negotiation between the permittee and the facility owner.
B. 
Hold Harmless Clause. The permittee shall agree to indemnify and hold harmless the City, each of its officers and employees, from any liability or responsibility for accident, loss or damage to persons or property arising by reason of the work done by the permittee, or his/her agent, his/her employees or representatives.
C. 
Defective Work and Materials. Upon order of the Director, any work or materials which do not conform to the permit plans, if any, and the City or State standard specifications, shall be removed and replaced by the permittee so as to conform to the permit plans, if any, and the City or State standard specifications, except as otherwise provided for in this chapter.
D. 
Default of Permittee. By applying for and obtaining a permit pursuant to this chapter, the permittee agrees that, if the permittee fails to comply with the terms of the permit or to perform or complete the work according to the plans, if any, the City or State standard specifications, or fails to comply with any provisions of this chapter, the City may elect to perform and complete the work by any method the Director deems appropriate. The permittee shall reimburse the City for the full cost, at the then current Associated General Contractor's Cost Schedule for the work, of performing and completing the work according to the permit. Reimbursement to City shall be made within 30 days of the date of the statement sent to permittee.
E. 
Protection of Traffic. The permittee, in the conduct of the work or use or maintenance of an encroachment authorized by a permit issued under this chapter, shall provide, erect, or maintain lights, barriers, warning lights, and other safeguards necessary to protect the traveling public. If at any time the Director finds that suitable safeguards are not being provided, the City may take whatever steps it deems necessary to establish suitable safeguards or may cancel the permit and restore the right-of-way to its former condition, all at the expense of the permittee.
F. 
Minimum Interference with Traffic. All work shall be planned and carried out so that there will be the least possible inconvenience to the traveling public. Permittee is authorized to place flaggers to stop and warn traffic for necessary protection to public safety, but traffic shall not be unreasonably delayed. Complete closure of the road shall not be permitted unless authorized in writing by the Director.
A. 
Excavation.
1. 
The excavation of all trenches running parallel to the existing pavement shall be conducted on only one side of the pavement at a time and shall not exceed 800 feet in length at any one time, and no excavation shall be started on the opposite side until the trench first excavated has been filled, compacted, and surfaced as required herein or as specified in the permit.
2. 
This restriction is not intended to prohibit the excavations as may be required for boring a pipe, conduit or other object beneath a public street or right-of-way.
B. 
Backfill. Backfill in all trenches shall be made by mechanical tamping unless otherwise provided by permit conditions. Backfill material shall be free from stones or lumps exceeding three inches in greatest diameter, vegetable matter or other unsatisfactory material. Backfill material shall be placed to the subgrade of the pavement in lifts consistent with the type of soil involved and the degree of consolidation specified by the Department of Public Works. Such backfill shall be done in a manner that will permit the restoration of the surface to a density condition no less than that existing prior to excavation unless otherwise specified. Director will require soil tests to be furnished to the Department by a recognized soils testing laboratory or registered professional engineer specializing in soil mechanics, when, in the Director's opinion, backfill for any excavation is not being adequately compacted. In such cases resurfacing will not be permitted unless the tests show that the upper two feet of backfill material has been compacted to a relative compaction of not less than 90%. All expense of the tests shall be borne by the permittee. It shall be the responsibility of the permittee to properly maintain refilled trenches in perpetuity.
C. 
Failures, Settlements. In determining proper maintenance, the following criteria shall be used to define a failure:
1. 
In the traveled way, a depression of one-fourth inch per two feet of trench width below the average of the sides of the uncut portion.
2. 
Along the outside edge of the shoulder section, a minimum of four feet from edge of traveled way of an unsurfaced road, a depression of three-fourths of an inch below the average of the side of the uncut portion.
Whenever failures are detected and the Director of the Public Works notifies the permittee of the failure, the permittee shall correct all such failures within 10 calendar days from the date that written notice is received unless otherwise authorized in writing by the Director. If permittee does not correct any or all failures, he or she will be in default and action shall be taken by Director per Section 12.08.040 of this chapter.
D. 
Repavement of Trenches.
1. 
Minimum restoration of the traveled way shall consist of placing 10 inches of Class 2 aggregate base material and three inches of asphalt concrete pavement over all excavations. Restoration shall begin after approval of the backfill compaction by the authorized City representative. All materials and methods employed shall conform to the most current issue of the standard CALTRANS specifications. Prior to placing asphalt concrete surfacing, the existing pavement longitudinally along both sides of the trench shall be cut in a neat line six inches back from the outside edges of the trench and removed, in order to provide a key.
2. 
Paved restoration surfacing from the trench higher than one-fourth of an inch per two feet of trench width above the edge of the existing surfacing shall be deemed improper backfilling and shall be reconstructed to the tolerance specified above.
3. 
The above mentioned tolerance need not be adhered to for temporary work which will have a duration of less than 30 calendar days, provided that at no time shall the temporary surfacing exceed twice the above-mentioned tolerances.
4. 
Where the existing traveled way does not have an oiled surface, asphalt concrete surfacing may not be required.
E. 
Temporary Surfacing. When the Director determines that a satisfactory permanent repavement of an excavation area or trench cannot be made within 30 calendar days, he or she may require a temporary pavement consisting of two inches of cold plant mix surfacing over the excavation area or trench. The temporary cold mix surfacing shall not exceed twice the tolerances as set forth in subsection D of this section for determining improper backfill. The permittee shall be responsible for placing, maintaining, and removing temporary pavement.
Every person, whether principal, agent, employee or otherwise, violating or causing or permitting the violation of any provision of this chapter shall be guilty of a misdemeanor.