Article IV — Regulations

Except in those instances when the nature or extent of the approved encroachment dictates that the affected roadway section must be closed, as described in Section 12.08.360, the permittee shall be responsible for the protection of public vehicular traffic moving through, around and adjacent to the site of the encroachment at all times, both during and after working hours; moreover, the permittee shall assure that emergency vehicle access to adjacent property is provided at all times, including those periods when the affected roadway is closed to public travel. All traffic control devices and measures, including, but not limited to, warning signs, special markings, flagpersons, barricades, lights, and other safety devices, shall conform to standards established by the director.

(Ord. 2000-33 § 1 (part))

If the permitted encroachment requires the temporary blockage of an existing public sidewalk, the permittee shall construct and maintain a four foot (1.22 meter) wide passageway so as to allow safe pedestrian traffic through or around the encroachment; except, that where such a passageway cannot reasonably be provided, signs and barricades shall be installed at the nearest marked roadway crosswalks so as to clearly direct pedestrians to the opposite sidewalk. Under no circumstances shall pedestrians be directed or forced onto a travel lane of the roadway, unless the lane has been barricaded and marked in such a way as to protect such pedestrian traffic, in accordance with standards established by the director.

(Ord. 2000-33 § 1 (part))

The director may require that the permittee mitigate any inconvenience of the encroachment to the public, in particular to the occupants and users of adjacent property. In the event that the nature of the encroachment requires the complete closure of all travel lanes of a public roadway and the detouring of nonemergency vehicular traffic to other public roadways or to adjacent property, all such closures and detours must be specifically authorized by a resolution of the board. Except as authorized by such an approved closure plan, all roadway travel lanes and all driveways to adjacent property shall be kept open and unencumbered during the hours of six a.m. to nine a.m. and three-thirty to six p.m. on all non-holiday weekdays. The director may authorize the temporary closure of some travel lanes and some driveways during the hours of nine a.m. to three-thirty p.m., but all such closures shall conform to standards established by the director.

The permittee shall not remove, cover or modify any traffic control facilities, markings or signs, except as directed by the director.

The permittee shall be responsible for prompt removal of construction spillage, debris and material from the roadway. The permittee shall not stockpile material or store equipment in the roadway, except as specifically authorized by the director.

(Ord. 2000-33 § 1 (part))

The director may require that a permittee post construction notices at the site of the encroachment. Each such notice shall include the name, contact person, address, and telephone number of the contractor performing the work and shall be posted no more than one hundred (100) feet (thirty (30) meters) apart along the full length of the encroachment, at least twenty-four (24) hours prior to the start of work. In addition, in the event of major excavations or other significant modifications requiring blockage of the existing roadway right-of-way, the director may require that a permittee mail similar notices in advance of the start of work to the occupants of all properties located within three hundred (300) feet (ninety (90) meters) of the encroachment site.

(Ord. 2000-33 § 1 (part))

A permittee making an excavation or erecting an obstruction in the right-of-way shall secure the excavation or obstruction at the end of each working day, as follows:

A.

All excavations in those portion of the roadway which are required to be reopened for vehicular traffic in accordance with the requirements of Section 12.08.360 shall either be filled and temporarily resurfaced or covered with a steel plate; all such backfilling, surfacing and plating shall conform to standards established by the director.

B.

All other excavations and all obstructions shall be made safe in accordance with standards established by the director.

(Ord. 2000-33 § 1 (part))

Prior to the start of any encroachment for which notification of the county has been required as a condition of the permit, the permittee shall provide such notice to the county employee designated on the permit.

At the option of the director, the permittee may be required to provide some or all of the following information in conjunction with the notification:

A.

Written certification that all materials and equipment needed to complete each phase of the encroachment will be on hand and ready for use prior to the start of that phase;

B.

Operational plans and procedures for safety-related operations, such as traffic control or shoring and support of deep excavations, and other public interfaces, such as erosion control, stormwater pollution prevention, project notification, dust and debris control, and noise control;

C.

Test plans or certification data for critical materials or equipment;

D.

Detailed shop and construction plans, and a procedure for the development of record drawings;

E.

Other plans, procedures or data as required by the county representative.

(Ord. 2000-33 § 1 (part))

All encroachments are subject to monitoring, inspection and final acceptance by the director.

(Ord. 2000-33 § 1 (part))

A.

The construction or installation, operation, repair, and maintenance of improvements or facilities shall be in accordance with all applicable federal and state laws, the general ordinance code, including without limitation the applicable provisions of Titles 6, 12, 13, 15, 16, and 17, and other laws, regulations, and guidelines of the county. The director may adopt such standard plans, standard specifications, design guidelines, permit provisions and/or other rules as may be necessary to maintain public safety and to preserve and protect the right-of-way. Except where the director grants written approval to deviate, all work to be performed under a permit shall conform to these plans, specifications, guidelines, provisions and rules. A permittee shall at all times use reasonable care, within the meaning of applicable law, and where applicable shall implement and enforce practices and work standards that meet or exceed accepted industry practices and work standards intended to prevent death, injury, or nuisance to the public or damage to the right-of-way.

B.

Without limiting the provisions of subsection A above, all facilities shall be constructed or installed, operated, maintained, and repaired in accordance with safe and reasonable design and construction practices and standards that meet or exceed accepted industry practices and standards, performed by experienced and properly trained construction and maintenance personnel.

C.

The director shall have the authority to require that the construction or installation of certain improvements or facilities in the right-of-way be performed by contractors holding valid licenses from the state of California; see Section 12.08.060.

(Ord. 2000-33 § 1 (part))

(Ord. No. 2009-11, § 1, 3-17-2009)

All encroachments proposed pursuant to this chapter shall comply with all California and federal laws regarding acceptable levels of access for persons with disabilities.

(Ord. 2000-33 § 1 (part))

Existing drainage facilities and watercourses in the right-of-way shall not be altered, blocked, diverted or otherwise disturbed, except as authorized by the director. The director may require that the permittee implement stormwater pollution prevention measures to prevent the depositing of construction materials, excavated or loose soil, or other debris into any such drainage facility or watercourse.

(Ord. 2000-33 § 1 (part))

All cables, conduits, wires, ducts, converters, antennas, radios, poles, guy wires, pipes, vaults, splice boxes, meter boxes, valves, valve boxes, cabinets, or other owner or utility facilities shall be designed and installed in accordance with the rules, regulations, and orders of the California Public Utility Commission or other cognizant agencies, the terms and conditions of any franchise or other agreements between the applicable owner or utility and the county, and any restrictions imposed by the director. Such owner or utility facilities shall be considered as encroachments, subject to the permitting requirements of this chapter.

(Ord. 2000-33 § 1 (part))

A.

Where utility facilities are already underground, or are being placed underground, or are required to be undergrounded by applicable law, any such undergrounding work by the said utility shall be performed in accordance with a permit based upon existing county practices at the time that the work is started, subject to any waivers that may be granted by the director. When overhead or surface-mounted utility facilities are undergrounded in any area, all of the permittee's facilities in that area shall be similarly undergrounded as directed by the director in accordance with then-existing county practices, subject to any waivers that may be granted by the director. Such undergrounding shall be performed at the utility's sole expense, unless applicable state law provides otherwise. The director shall cooperate in good faith with a utility in any waiver process.

B.

In those cases where new development of adjacent property requires that the utility facilities be placed underground in the right-of-way, upon request by the director, the developer or property owner shall give all affected utilities at reasonable notice of the particular date when open trenching or excavation of the right-

of-way will be available for the utilities to install and construct the said facilities in accordance with the permit issued by the director and at the utility's expense, except that the costs of removal of overhead facilities, trenching, excavation, and the preparation of the necessary easements shall be borne by the developer or owner, provided that if a utility fails to install or construct its facilities within five working days of the date that the trenches or excavations are available as described in the notification given by the developer or owner, and if those trenches or excavations are closed after the five-day period, subject to applicable state law the cost of new trenching or excavation shall be borne by the utility.

(Ord. No. 2009-11, § 1, 3-17-2009)

A.

Each utility shall utilize existing poles, conduits, cabinets, vaults and other facilities whenever and wherever possible and economically feasible, and shall not construct or install any new, different, or additional facilities within the right-of-way without authorization from the director in the form of a permit, subject to any waivers that may be granted by the director. Similarly, utilities shall not construct or install any new, different, or additional facilities on adjacent properties except in accordance with all applicable laws,

regulations, ordinances, and guidelines of the county. Subject to applicable state law, where there is insufficient space in the right-of-way to allow the installation or construction of new or replacement utility facilities in the right-of-way in accordance with the standards and guidelines of the county, the utility shall seek an easement from the adjacent property owner to install or construct the said facilities on that property, subject to the approval of the director and the planning director.

B.

A utility shall apply for a permit in accordance with the provisions of Article II of this chapter prior to the intended start of work within the right-of-way, except that in the case of an emergency work may be performed on existing utility facilities in advance of securing a permit, in accordance with Section 12.08.110 of this chapter. The director shall cooperate with the utility in the processing of permit applications. All work shall be performed in accordance with the provisions of this chapter and the terms and conditions of the permit.

C.

Subject to applicable state law, all transmission lines, equipment, structures or other utility facilities shall be so installed and located as to not interfere with the rights and reasonable use or convenience of the public and property owners. At all times, the facilities. shall be maintained in safe and proper working order. The utilities shall, at all times, implement and enforce standards and practices in the construction, operation, maintenance, and repair of its facilities that meet or exceed industry standard and practices intended to prevent damage, injuries, or nuisances to the public. All poles, cabinets, boxes, guys, and other surface and overhead facilities in the right-of-way shall be placed in such a manner as not to constitute an obstruction to vehicular or pedestrian travel, or to be in conflict with other county design guidelines, subject to any waivers that may be granted by the director. The utilities shall be expected to support the goals of the county to provide walkable, accessible, and livable communities.

D.

In cases of emergency, as defined by the California Government Code, the county may remove or relocate some or all of the related utility facilities. In that case, as a condition of restoring or repairing such facilities, the utility shall obtain a permit from the director authorizing such restoration and repair and shall bear all associated costs, unless otherwise provided by contract or applicable state or federal law.

E.

The utility shall have the authority to trim trees or shrubs located in the public right-of-way at its own expense as may be reasonably necessary to protect its wires and facilities, subject to the permit regulations of this chapter and in conformance with the general ordinance code.

F.

Upon receipt of reasonable written notice from the county, the utility, subject to applicable state law, at its expense, shall protect, support, temporarily disconnect, relocate, or remove any of its facilities when in the opinion of the county that action is required to protect the public health, safety, or welfare where the county is, by reason of: traffic conditions, public safety, roadway vacation, roadway grade separation or realignment, installation of sewers, drains, waterpipes, power line, signal line, transportation facilities, tracks, heritage trees and major landscape features or any other types of structure or improvements of governmental agencies, acting in a governmental capacity, or in connection with any program under which the county shall undertake to cause any such utility facilities to be located beneath the surface of the ground. Nothing hereunder shall be deemed a taking of the property of the utility, and the utility shall be entitled to no surcharge by reason of anything required to be done hereunder, except as specifically provided under applicable state law.

G.

The director shall have the authority to issue to a utility permittee a written notice of any failure on the part of that permittee to commence, pursue, or complete any permitted work in accordance with the provisions of this chapter and the terms and conditions of the permit. If the permittee fails to remedy that failure within thirty (30) days after the date of the notice, except as otherwise agreed in writing by the county, the county, subject to applicable state and federal law, at its option, may but is not obligated to remedy or attempt to remedy that failure by its own forces or with retained contractors. In that event, the permittee shall be responsible for all costs, including reasonable attorney fees, incurred by the county in connection therewith. The county shall provide an itemized statement of those costs and fees to the permittee who shall pay the amount within thirty (30) days after receipt of the statement.

H.

The utility shall make no paving cuts, curb cuts, sidewalk removal, or other modification of the roadway unless absolutely necessary, and only after written permission has been given by the director through and by the issuance of a permit

I.

The county reserves the right to require conduit for underground cabling in special areas, as designated by the director.

J.

Any contractor or subcontractor used by the utility permittee for work or construction, installation, operation, maintenance, or repair of work in the right-of-way must be properly licensed under laws of the state and this chapter, and each contractor or subcontractor shall have the same obligations with respect to its work as the permittee would have under this chapter and applicable law if the work were performed by permittee. The permittee shall be responsible for ensuring that the work of contractors and subcontractors is performed consistent with this chapter and other applicable law, shall be responsible for all acts or omissions of contractors or subcontractors, shall be responsible for promptly correcting acts or omissions by any contractor or subcontractor, and shall implement a quality control program to ensure that the work is properly and safely performed. This section is not meant to alter tort liability of a permittee to third parties.

(Ord. No. 2009-11, § 1, 3-17-2009)

A utility shall cooperate in the planning, locating and construction of its facilities in utility joint trenches or common duct banks with other utility providers. The director shall provide advance notice to each utility when the county plans to open a trench and each utility shall provide notice to the county when it plans to open a trench.

(Ord. No. 2009-11, § 1, 3-17-2009)

Each utility shall be a member of the Northern California notification center for subsurface installations (which, on the effective date of this chapter is operated by underground services alert) and shall field mark, at its sole cost and expense, the locations of its underground facilities upon notification in accordance with the requirements of Section 4216, et seq. of the California Government Code and any other applicable law.

(Ord. No. 2009-11, § 1, 3-17-2009)

The director may require that any utility-owned pole, transmission line carrier, guy wire, support, cabinet or other facility in the right-of-way be painted or marked in such a way so as to enhance the visibility of the facility to the traveling public.

(Ord. 2000-33 § 1 (part))

The owning utility shall be responsible for keeping the ground surface area within five feet (1.5 meters) of all utility facilities located in the right-of-way clear of vegetation.

(Ord. 2000-33 § 1 (part))

Whenever a utility pole, carrier or other facility is removed from the right-of-way and not replaced, the facility shall be completely removed and the right-of-way restored to its previous condition. Abandonment of underground utility foundations, conduits or other facilities in the right-of-way shall be in accordance with standards established by the director.

(Ord. 2000-33 § 1 (part))

When authorized by a permit to move an extralegal vehicle or load, the permittee shall comply with all applicable laws and with any other restrictions imposed by the director.

(Ord. 2000-33 § 1 (part))

Railroad trackage which crosses the right-of-way shall be regarded as an encroachment. Access to such facilities for maintenance, repair, replacement, or removal shall be subject to the permitting requirements of this chapter.

(Ord. 2000-33 § 1 (part))

New track crossings shall be designed to cause at most a minimal change to the existing grade and section of the affected roadway. The finished grade of the trackage must conform to the finished roadway grade at the point of crossing.

(Ord. 2000-33 § 1 (part))

At the option of the director, any railroad proposing to abandon an existing track crossing may be required to remove the trackage and restore the right-of-way.

(Ord. 2000-33 § 1 (part))

All mailboxes in the right-of-way shall be located in conformance with the regulations of the Postal Service and with any other restrictions imposed by the director.

(Ord. 2000-33 § 1 (part))

No commercial advertising signs, or the supports for such signs, shall be installed in the right-of-way; except that signs intended to advertise businesses which are immediately adjacent to the sign locations may be allowed at the option of the director and signs may be placed on or attached to bus stop benches or transit shelters pursuant to Alameda General Code Section 17.52.520R. All such installations shall be regarded as encroachments, subject to the permitting requirements of this chapter.

(Ord. 2000-33 § 1 (part))

(Ord. No. 2010-49, § 2, 9-14-10)

In order to keep free a walkway area for pedestrian or other lawful travel without interference with or by vehicular traffic, no hedges, shrubs, walls, fences or other obstructions shall be installed closer than five feet (1.5 meters) from the curbline or edge of pavement of a roadway where there is no existing sidewalk. In those locations where there is an existing roadside swale or ditch, the five-foot setback shall be measured from the edge of the swale or ditch closest to the adjacent property. The director may require that the owner of the adjacent property remove any or all obstructions from such walkway areas, or in the event that the owner fails to respond to such a request, the director may perform such removals and bill the owner for the costs thereof.

(Ord. 2000-33 § 1 (part))

Other provisions of this chapter notwithstanding, it shall be lawful for any adjacent property owner to plant and maintain a lawn within the shoulder area of a roadway without having to obtain an encroachment permit; provided, that the lawn consists of grass not prohibited by other law and that the lawn does not extend into the travel lanes of the roadway or into any roadway ditches, swales or other drainage facilities. Upon installation, the portion of the lawn located within the setback area described in Section 12.08.580 shall be considered as a walkway and the owner may not restrict public access to this area. The installation of such lawns in the roadway shall not constrain the county from using the planted area in any way, including the issuance of encroachment permits to others in accordance with Section 12.08.040.

(Ord. 2000-33 § 1 (part))

Upon completion of the authorized work or access, or upon direction by the director, the permittee shall replace, repair or restore the roadway at the encroachment site to the same condition as existed prior thereto, unless otherwise provided in the permit. The permittee shall remove all obstructions, impediments, material and debris associated with the encroachment and shall do any other work or perform any act necessary to restore the roadway to a safe and usable condition.

(Ord. 2000-33 § 1 (part))

Following completion of the roadway restoration described in Section 12.08.600, the permittee shall promptly notify the director. The director shall perform a final inspection to verify the satisfactory completion of the encroachment and to close the permit.

(Ord. 2000-33 § 1 (part))

All owner and utility facilities, structures or equipment shall be subject to relocation, removal or modification, at the expense of the owner or utility, in the event of future improvement of the roadway by the county or by others. The director shall mail a written notification to all affected owners and utilities, specifying the sites of potential interferences and the time period within which the relocation, removal or modification must be completed.

(Ord. 2000-33 § 1 (part))

The roadways described in this chapter are public roadways of the county, and the same are recorded as public roadways.

(Ord. 2000-33 § 1 (part))

Editor's note— Ord. No. 2025-48, § 2, adopted September 11, 2025, repealed § 12.08.640, which pertained to stationary sidewalk vendors and derived from Ord. No. 2020-47, § 3, adopted July 28, 2020.

Any owner or occupant of land bordering on a public roadway of this county may construct and maintain a sidewalk in the roadway right-of-way along the line of his land, subject, however, to the authority conferred by law on the board of supervisors to regulate the grade and width.

(Ord. 2000-33 § 1 (part))

Any person who uses a concrete sidewalk, or any part of it, constructed along a public roadway in this county, with mules, horses, or vehicles of any kind, except to enter or leave the adjacent premises, is guilty of a misdemeanor, and upon conviction is punishable by a fine not to exceed one hundred dollars ($100.00) or by imprisonment in the county jail for a period not to exceed five days.

(Ord. 2000-33 § 1 (part))

No person shall at the location of any vehicular accident collision or other catastrophe or calamity, solicit or offer the sale of any tow service, or the sale of any other services.

The prohibition contained in this section shall apply from the time of the happening of any of the aforesaid occurrences until a reasonable time thereafter, and at all times while law enforcement officers, public health personnel, emergency personnel, and other persons discharging duties imposed by law, are actively engaged in the performance of duty at the location of such occurrences.

(Ord. 2000-33 § 1 (part))

Before furnishing photostatic or reproduction of any factual data of a traffic accident, the sheriff shall charge such person that cost thereof, as follows:

(Ord. 2000-33 § 1 (part))

It shall be unlawful for the operator of any vehicle to drive across a county parking lot or private property as a means of effecting a shortened route between or along public roadways except with the permission of the owner of such property.

(Ord. 2000-33 § 1 (part))

Any person who jumps, dives or fishes from any draw bridge operated or controlled by the county or from any pier or other structure appurtenant thereto, and any person who hinders, delays or interferes with the operation of such draw bridges or trespasses upon nonpublic way portions thereof, is guilty of a misdemeanor.

Notice shall be posted at appropriate places on each draw bridge informing the public of the provisions of this section.

(Ord. 2000-33 § 1 (part))

Any person who operates or tows a metal-tired vehicle or metal-tired piece of equipment across any draw bridge operated or controlled by the county such that any metal tire, wheel, roller or track contacts the bridge roadway surface at any time, is guilty of a misdemeanor.

Notice shall be posted at appropriate places on each draw bridge informing the public of the provisions of this section.

(Ord. 2000-33 § 1 (part))