Unless the context otherwise requires, the definitions contained in this Section shall govern the construction of this Chapter:
(A) 
“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:
(1) 
Excavating, filling or disturbing the street;
(2) 
Erecting or maintaining any post, pole, fence, or other guard rail, wall, loading platform, or other structure on, over or under the street;
(3) 
Planting any tree, shrub or other growing thing within the street;
(4) 
Placing or leaving on the street any rubbish, brush, earth or other material of any nature whatever;
(5) 
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 subsurface drainage facility, any pipe, conduit, wire, or cable;
(6) 
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;
(7) 
Moving any building in, into, through or from the City of San Juan Bautista on, over or through any street;
(8) 
Lighting or building a fire;
(9) 
Constructing, placing, planting or maintaining any structure, embankment, excavation, tree or other object adjacent to the street which causes or will cause an encroachment; or
(10) 
Placing or causing to be placed any material, machinery or apparatus on the street for building, paving or other purposes for over twenty-four (24) hours.
(B) 
“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 City Manager.
(C) 
“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.
(D) 
“City Manager”
means the San Juan Bautista City Manager or his designee.
(E) 
“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 Juan Bautista.
This Chapter shall not apply to any officer or employee of the City acting in the discharge of his official duties; to any work being performed by any person or persons, firm or corporation under contract with the City; or when permission to encroach has been expressly granted by the City Council.
This Chapter shall not prevent any person from maintaining any pipe or conduit lawfully on or under any street, or from making excavation, as may be necessary, for the preservation of life or property when an urgent necessity therefor arises, provided that said person shall notify City Manager by telephone the day such work is performed or the day the offices of the City are again opened. Said person shall then apply on the proper form within five (5) working days confirming the work performed.
Any permit granted under this Chapter shall be subject to the right of the City or any other person entitled thereto, to use that part of the street for any purpose for which it may be lawfully used, and no part of the street shall be unduly obstructed at any time. All work or use shall be planned and executed in a manner that will least interfere with the safe and convenient travel of the general public.
No application will be approved or permit issued for constructing or maintaining a loading platform upon or in any street or for erecting or maintaining therein or thereon a post, pole, column or structure for support for advertising signs, except as provided in Title 11 of this Code.
(A) 
Permittee shall be responsible for all liability for personal injury or property damage which may result from work permitted and done by permittee under the permit, or proximately caused by failure on permittee’s part to perform his obligations under said permit in respect to maintenance. If any claim of such liability is made against the City, its officers, or employees, permittee shall defend, indemnify and hold them and each of them, harmless from such claim including any claim based on the active or passive negligence of the City, its officers or employees, insofar as permitted by law.
(B) 
Permittee shall be required to obtain public liability insurance in such form and amount as may be required by the City Manager to protect the City, its officials, officers, directors, employees and agents from claims which may arise from permittee’s operations under the permit.
If the work or use authorized by a permit is unsafe, in violation of this Chapter, or unduly delayed by the permittee, the City Manager may, upon written notice, revoke the permit and complete the work or any portion thereof, or make the site safe or return it to the same condition existing prior thereto. The actual cost of performing such work by the City plus overhead shall be charged to and paid for by the permittee.
(A) 
Except as authorized by SJBMC 11-10-210, no person shall paint, mark, or write on, or post or otherwise affix any handbill or sign to or upon any public property including, but not limited to, any sidewalk, crosswalk, curb, curbstone, street, lamp post, hydrant, tree, shrub, tree stake or guard, railroad trestle, electric light or pier or telephone pole, or wire appurtenance thereof or upon any fixture of the fire-alarm or police telegraph system or upon any lighting system, public bridge, drinking fountain, street sign, street light or traffic sign.
(B) 
Except as authorized by SJBMC 11-10-210, any handbill or sign found posted to or otherwise affixed upon any public property contrary to the provisions of this Section, may be removed by the City. The person responsible for such illegal posting shall be liable for the cost incurred in the removal thereof and the City Manager or his designee is authorized to effect the collection of said cost.
(C) 
Nothing in this Section shall apply to the installation of a metal plaque or plate in a sidewalk commemorating an historical, cultural or artistic event, location or person for which the City Council has granted approval.
(D) 
Nothing in this Section shall apply to the painting of house numbers upon curbs done in accordance with standards adopted by the City.