For the purposes of this chapter, certain words and phrases used herein are defined as follows:
a. 
Director
shall mean the Public Services Director or the Director's designated representative.
b. 
Encroach
or encroachment shall mean going over, upon or under or using any public right-of-way or natural water course in any manner other than its intended use.
c. 
Permittee
shall mean any person, firm, corporation or public agency 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.
d. 
Private contract
shall mean a contract between two or more parties for the installation, construction, revision, operation or creation of an encroachment to which contract the City is not a party.
e. 
Public agency
shall mean any city, county, state or other public entity.
f. 
Public street
shall mean any street which has been accepted by the City for public purposes.
g. 
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.
h. 
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 City or the general public for street, highway, alley, pedestrian walkway, storm drainage or other purposes.
(§ 13, Ord. 2046, eff. 12/1/2005; 7400; §§ 17 and 19, Ord. 1143, eff. August 30, 1972; § 1 (part), Ord. 1419, eff. April 5, 1979; § 1, Ord. 1702, eff. November 11, 1988; § 1, Ord. 1826, eff. 10/21/1993)
A permit is required for all encroachments as defined in this chapter except work covered by exemptions.
(7401, as amended by § 1 (part), Ord. 1419, eff. April 5, 1979; § 1, Ord. 1702, eff. November 11, 1988; § 1, Ord. 1826, eff. 10/21/1993)
The provisions of this chapter shall not apply to: (a) officers or employees of the City acting in the discharge of their official duties or any work being performed by any person pursuant to a contract with the City; or (b) work being performed by public agencies or public utilities and their contractors and agents within their exclusive rights-of-way or easements.
(7402, as amended by § 1(part), Ord. 1419, eff. April 5, 1979; § 1, Ord. 1702, eff. November 11, 1988; § 1, Ord. 1826, eff. 10/21/1993)
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.
(7403, as amended by § 1(part), Ord. 1419, eff. April 5, 1979; § 1, Ord. 1702, eff. November 11, 1988; § 1, Ord. 1826, eff. 10/21/1993)
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. 
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;
c. 
Construction or placement of any fill, wall, pipe, column, pole, fence, tree, shrub or other object which would obstruct or reduce the capacity of any water course to carry storm water, except for encroachments by public agencies, utilities or adjacent property owners as authorized by an encroachment permit issued pursuant to Section 7-1.204 of this Code;
d. 
Construction or placement of objects for the sale or display of products or services, except for special events in the Pedestrian Retail Zoning District authorized by an encroachment permit issued pursuant to Section 7-1.204 of this Code; or
e. 
Construction or placement of tables and/or chairs except adjacent to a food service business located within the Pedestrian Retail Zoning District and authorized by an encroachment permit issued pursuant to Section 7-1.204 of this Code.
(7404, as amended by § 1(part), Ord. 1419, eff. April 5, 1979; § 1, Ord. 1702, eff. November 11, 1988; § 1, Ord. 1826, eff. 10/21/1993; § 1, Ord. 1846, eff. 11/3/1994)
The provisions of this chapter shall not prevent any public agency 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. If an urgent necessity arises during the hours the offices of the City are closed, the person making an emergency use or encroachment on a public street must notify the City Police Department immediately and must apply for a permit within one calendar day after the offices of the City are again opened. This requirement shall also apply to any public agency requiring an emergency use or encroachment.
(7405; §§ 1 and 19, Ord. 1143, eff. August 30, 1972; § 1(part), Ord. 1419, eff. April 5, 1979; § 1, Ord. 1702, eff. November 11, 1988; § 1, Ord. 1826, eff. 10/21/1993)
An applicant may appeal the decision of the Director concerning the terms and conditions of an encroachment permit to the City Council pursuant to the provisions of Chapter 4 of Title 1 of this code. In reviewing the appeal, the Council may deny, support, or support the appeal with terms and conditions necessary to protect the City and the public.
(7500, as amended by § 19, Ord. 1143, eff. August 30, 1972; § 1(part), Ord. 1419, eff. April 5, 1979; § 1, Ord. 1702, eff. November 11, 1988; § 1, Ord. 1826, eff. 10/21/1993)
Any encroachment which is not exempted by the provisions of this chapter and for which no encroachment permit has been issued, or any encroachment maintained in violation of this chapter or the provisions of any encroachment permit agreement, is a public nuisance which may be abated pursuant to the procedures set forth in Chapter 6 of Title 1 of this Code or by any other procedure authorized by law. Every person who maintains or allows the maintenance of an encroachment in violation of this chapter is guilty of an infraction.
(§ 7, Ord. 1690, eff. 8/19/1988; § 1, Ord. 1826, eff. 10/21/1993)