Angels Camp Municipal Code Art. I General Provisions

The short title of the ordinance codified in this chapter is "Encroachment Ordinance."

(Ord. 168 § 13, 1967)

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

A.

"City"

means the city of Angels.

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:

Excavating or disturbing the right-of-way;

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

Planting any tree, shrub, grass or other growing thing within, or extending into, the right-of-way, or allowing any tree, shrub, grass, or growing thing to extend onto a street or sidewalk in such a way as to impede or divert the flow of water washing into storm drains;

Placing or leaving on the right-of-way any rubbish, brush, earth or other material of any nature whatsoever;

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;

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;

Lighting or building a fire;

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, except that a tree or vegetation maintained in accordance with Section 12.12.025 shall not be considered an encroachment for purposes of this chapter.

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 as defined in this chapter and has been issued a permit for the encroachment by the city engineer. All obligations, responsibilities and other requirements of the permittee, as described in this chapter, 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 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 the general public, including "public highways" as defined in subsection D of this section.

(Ord. 168 §§ 1--6, 1967; Ord. 472 § 1, 2016)

It shall be the duty and responsibility of every person owning or occupying any real property within the city, at his or her own expense, to:

A. Keep all trees on that property, including trees located in an easement or right-of-way dedicated to the public, trimmed in such a manner that there is a clearance of at least fourteen feet above any street or alley, and a clearance of at least eight feet over any sidewalk;

B. Keep all trees and vegetation on that property trimmed in such a manner that they do not obstruct the view of any traffic sign or device for vehicle traffic in the direction controlled by that traffic sign or device;

C. Keep all trees and vegetation on that property trimmed in such a manner that no portion of the tree or vegetation blocks or reduces the light emanating from a streetlight onto a street or sidewalk; and

D. Keep all vegetation on the property trimmed in such a manner that no portion of any vegetation protrudes into or obstructs any street, alley, sidewalk, or right-of-way.

(Ord. 472 § 2, 2016)

Any permit granted under this chapter shall not annul the right of the city of Angels, or any person, firm, corporation, district or association entitled to use that part of the public right-of-way for any purpose for which it may be lawfully used, and no part of the public highway shall be unduly obstructed at any time.

(Ord. 168 § 7, 1967)

This chapter shall not apply to any officer or employee of the city in the discharge of his official duties.

(Ord. 168 § 8, 1967)

Work which requires a permit and is being performed by any person or persons, firm or corporation under contract with the city will be exempt from the fee and bond requirements of this chapter.

(Ord. 168 § 9, 1967)