For the purposes of this Chapter, certain words and phrases used herein are defined as follows:
(a) 
"Encroach" or "encroachment"
shall mean going over, upon or under or using any right-of-way or water course in such a manner as to prevent, obstruct or interfere with its normal use, including the performance thereon of any of the following acts:
(1) 
Excavating, filling or disturbing the right-of-way or water course;
(2) 
Erecting or maintaining any flag, banner, decoration, post, sign, pole, fence, guardrail, wall, loading platform, mailbox, pipe, conduit, wire or other structure on, over or under a right-of-way or water course;
(3) 
Planting any tree, shrub, grass or other growing thing within a right-of-way or water course;
(4) 
Placing or leaving on a right-of-way or water course any rubbish, brush, earth or other material of any nature whatsoever;
(5) 
Constructing, placing or maintaining on, over, under or within the right-of-way any pathway, sidewalk, driveway, curb, gutter, paving or other surface or subsurface drainage structure or facility, any pipe, conduit wire, or cable;
(6) 
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;
(7) 
Lighting or building a fire; and
(8) 
Constructing, placing, planting or maintaining any structure, embankment, excavation, tree or other object adjacent to a right-of-way or water course which causes or will cause an encroachment.
(b) 
"Permittee"
shall mean any person, firm, corporation or public district which proposes to do work or encroach upon a right-of-way or water course and has been issued a permit for such encroachment by the Director of Public Works.
(c) 
"Private contract"
shall mean a contract between two (2) or more parties for the installation, construction, revision, operation or creation of an encroachment to which contract the City is not a party.
(d) 
"Public agency"
shall mean any city, county, public corporation or public district established through due process of law.
(e) 
"Public street"
shall mean any street which is:
(1) 
Laid out or constructed as such by the City;
(2) 
Laid out or constructed by others and dedicated or abandoned to or acquired by the City;
(3) 
Made a City street as part of the subdivision of real property pursuant to the conditions of Chapter 2 of Title 10 of this Code; or
(4) 
Made a City street pursuant to law.
(f) 
"Public utility"
shall mean private corporations authorized by law to establish and/or maintain any works or facilities in, under or over any public street.
This Chapter shall not limit the powers and duties vested by law in the Public Utilities Commission of the State, and in the event of any conflict, the Public Utilities Commission rules shall govern.
(g) 
"Right-of-way"
shall mean 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 or pedestrian walkway purposes.
(h) 
"Water course"
shall mean a channel for the carrying of storm water, including both natural and artificial water courses.
The provisions of this Chapter shall not apply to officers or employees of the City acting in the discharge of their official duties, or to any work being performed by any person pursuant to a contract with the City.
(Ord. 498 § 3 (part), 2016)
All permits granted subject to this Chapter shall be subject to the right of the City and any person entitled thereto to use any part of a public right-of-way for any purpose for which it may be lawfully used, and no part of a right-of-way may be unduly obstructed at any time.
No person shall encroach or cause to be made any encroachment of any nature whatever within, upon, over or under the limits of any right-of-way or water course, or make or cause to be made any alteration of any nature within, upon, over or under the limits of any right-of-way or water course, or make or cause to be made any alteration of any nature within, upon, over or under such right-of-way or water course, or construct, put upon, maintain or leave thereon, or cause to be constructed, put on, maintained or left thereon, any obstruction or impediment of any nature whatever, or remove, cut or trim trees thereon, or set a fire thereon, or place on, over or under such right-of-way any pipe line, conduit or other fixture, or move over or cause to be moved over the surface of any right-of-way or over any bridge, viaduct or other structure maintained by the City any vehicle or combination of vehicles or other object of dimension or weight prohibited by law or having other characteristics capable of damaging the right-of-way, or place any structure, wall, culvert or similar encroachment, or make any excavation or embankment in such a way as to endanger the normal usage of the right-of-way or water course without having first obtained a permit as required by this Chapter.
The following encroachments are hereby specifically prohibited, and no applications shall be accepted nor permits issued therefor:
(a) 
Construction or maintenance of a loading dock on or in a public right-of-way;
(b) 
Erection or maintenance of a post pole, column or structure for the support of advertising signs;
(c) 
Installation or maintenance of underground tanks, vaults or elevators, except that underground vaults may be permitted as a part of facilities owned by public utilities and public agencies;
(d) 
Erection, installation or maintenance of posts, poles or columns for the purpose of carrying lights intended primarily for lighting of abutting private property;
(e) 
Installation or maintenance of signs bearing flashing or moving lights, except for temporary warning signs, barricades or flashers required for protection of the public during construction operations;
(f) 
Construction or placement of any fill, wall, pipe, column, pole, fence, tree, shrub or other thing which would constrict and reduce the capacity of any water course to carry storm water; and
(g) 
Trenching or excavation in any street that has been constructed or resurfaced within a five (5) year period prior, except when the Public Works Director, in his or her discretion, grants a waiver subject to additional permit conditions that mitigate the impacts of the street cut.
(Ord. 498 § 3 (part), 2016)
The provisions of this Chapter shall not prevent any person from maintaining any pipe or conduit lawfully on or under any public street, or from making excavations as may be necessary for the preservation of life or property when an urgent necessity therefor arises during the hours the offices of the City are closed, except that the person making an emergency use or encroachment on a public street shall apply for a permit therefor within one working day after the offices of the City are again opened. Any person requiring an emergency use or encroachment shall first notify the Director of Public Works. During hours City offices are closed, notification shall be given to the City through its listed telephone number.
Should the applicant consider the terms required by the Director of Public Works, acting under the requirements of this Chapter, to be unreasonable, the applicant may appeal to the Council. Upon such appeal, the Council shall fix the terms and conditions upon which the permit shall be issued, based upon the following:
(a) 
That the applicant will be substantially damaged by the refusal to grant the permit as requested;
(b) 
That no reasonable method of obtaining the desired result is available except as proposed by the applicant; and
(c) 
That the granting of the permit will not be materially detrimental to the public interest, safety, health and welfare, or injurious to other property.