Alpine County Municipal Code Art. I General Provisions

The short title of the ordinance codified in this chapter is the “Encroachment Ordinance.” (Ord. 247 § 13, 1964)

Unless the context otherwise requires, the definitions and general provisions set forth in this section shall govern the construction of this ordinance.

A. “County” means the county of Alpine.

B. “Encroach” includes going upon, over, under, or using any right-of-way in such a manner as to prevent, obstruct, or interfere with the normal use of that way, including the performance thereon of any of the following acts:

1. Excavating or disturbing the right-of-way;

2. Erecting or maintaining any post, sign, pole, fence, guardrail, wall, loading platform, or other structure on or over or under the right-of-way;

3. Planting any tree, shrub, grass or other growing thing within the right-of-way;

4. Placing or leaving on the right-of-way any rubbish, brush, earth or other material of any nature whatever,

5. Constructing, placing, or maintaining on, over, under, or within the right-of-way of any pathway, sidewalk, driveway, or other surfacing, any culvert or other surface drainage or subsurface drainage facility, any pipe, conduit, 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;

8. Constructing, placing, planting or maintaining any structure, embankment, excavation, tree or other object adjacent to the right-of-way which causes or will cause an encroachment.

C. “Permittee” means any person(s), firm, company, corporation, association, public agency, or organization that proposes to do work or encroach upon a public highway or right-of-way as herein defined and has been issued a permit for said encroachment by the road commissioner. All obligations, responsibilities, and other requirements of the permittee as herein described, shall be binding on subsequent owners of the encroachment.

D. “Public highway” means the full width of the surfaced or traveled portion, including shoulders and ditches, slopes of cuts and fills of any road, street, path, lane, or alley dedicated to, reserved for, used by or for the general public, when those roads, streets, paths, lanes, and alleys have been accepted as and declared to be part of the county system of public highways, except highways forming a part of the state of California highway system or of an incorporated city street system.

E. “Right-of-way” means all land or interest therein which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to the use of general public, including public highways as defined in this section. (Ord. 247 §§ 1-6, 1964)

It is unlawful for any person, firm, corporation or association, without first obtaining a written permit, to encroach or to make or cause to be made any encroachment of any nature whatever within, upon, over or under the limits of any right-of-way in the unincorporated territory of the county, or to make or cause to be made any alteration of any nature within, upon, over, or under such right-of-way; or to construct, put upon, maintain or leave thereon, or to cause to be constructed, put upon, maintained or left thereon, any obstruction or impediment of any nature whatever; or to remove, cut or trim trees thereon; or to set a fire thereon, or to place on, over, or under such right-of-way any pipeline, conduit or other fixtures; or to 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 county 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 to place any structure, wall, culvert, or similar encroachment, or to make any excavation or embankment in such a way as to endanger the normal usage or the right-of-way. (Ord. 247 § 10, 1964)

This chapter shall not apply to any officer or employee of the county in the discharge of his official duties. (Ord. 247 § 8, 1964)

This chapter shall not prevent any person, association, firm or corporation from performing emergency maintenance on any pipe or conduit lawfully on or under any public highway, or from making an emergency use, or encroachment as may be necessary for the preservation of life or property when an urgent necessity therefor arises, except that the person, firm, association or corporation making an emergency use or encroachment of a public highway shall apply for a written permit therefor within ten days, commencing with the first business day the county offices open. Any person, firm, association, or corporation, requiring an emergency use, or encroachment shall first notify the road commissioner’s office; during the hours the county offices are closed, notification shall be given the sheriff’s office. (Ord. 247 § 12, 1964)