The following definitions are applicable to this section:
"City property"
means both of the following: (i) any easement or license granted to the City; or (ii) any real property owned by the City.
"Encroachment permit"
means a permit issued by the City Engineer authorizing work on or within City property or the public right-of-way.
"Facilities"
means any fiber optic, coaxial, or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible things located in, upon, above, beneath, or across any City property or public right-of-way.
"Public right-of-way" or "right-of-way"
means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the general public for street, highway, alley, median, public utility, storm drainage, water, sanitary sewer, bikeway or pedestrian walkway purposes.
"Work"
means any activity on or within City property or the public right-of-way that impacts or has the potential to impact facilities.
(Ord. 24-950, 9/9/2024)
No person, firm, contractor, or corporation (other than a public utility possessing a franchise agreement from the City and acting in accordance with said franchise) shall make or cause or permit to be made, any excavation in or under the surface of any public street, alley, sidewalk or other public place for the installation, repair or removal of any public conduit, duct or tunnel, or for any other purpose without first obtaining from the City Engineer an encroachment permit to make such excavation and for the restoration of such public street, alley, sidewalk or other public place to its original condition. Encroachment permit fees for plan review and inspection shall be applied as provided for by a fee schedule approved by the City Council Resolution.
(Ord. 24-950, 9/9/2024)
(a) 
It is a misdemeanor for any person, firm, corporation, or entity to perform work on or within City property or the public right-of-way, without first obtaining a valid encroachment permit.
(b) 
It is a misdemeanor for any person, firm, corporation, or entity to perform work on or within City property or the public right-of-way, in violation of any terms or conditions imposed by an encroachment permit issued for the work.
(c) 
Any person, firm, corporation, or entity who violates the provisions of this chapter is guilty of a separate offense for each day, or portion thereof, during which the violation continues
(Ord. 24-950, 9/9/2024)
Section 7-6.02 shall not apply to any of the following:
(a) 
Activities by any City employee conducted in the course of their employment.
(b) 
Activities authorized by the City in writing.
(c) 
Actions by first responders and/or members of the public to render assistance or medical care to another person at the scene of an emergency; and
(d) 
Work by a public utility possessing a franchise agreement from the City and acting in accordance with said franchise.
(Ord. 24-950, 9/9/2024)
In addition to any other remedies available at law or equity or provided under any other City ordinance, upon discovering a violation, the City may:
(a) 
Require the immediate stoppage and removal of any work-related equipment, connections, or tools from City property or the public right-of-way;
(b) 
Charge the perpetrator an administrative citation as provided for under Section 1-7.03 of the of the Artesia Municipal Code.
(Ord. 24-950, 9/9/2024)