Antioch Municipal Code Art. 2 General Provisions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CITY. The City of Antioch, a municipal corporation.

CITY ENGINEER. The City Engineer of the city, or his authorized agent.

DRIVEWAY. Any approach to or from the street over and upon the gutter, curb, parking area, or sidewalk area, improved or unimproved, to permit vehicular traffic access to the abutting property.

ENCROACH or ENCROACHMENT. Going over, upon, or under, or using any right-of-way or watercourse 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 right-of-way or watercourse;

(2) Erecting or maintaining any flag, banner, decoration, post, sign, pole, fence, guardrail, wall, loading platform, mailbox, pipe, conduit, wire, or other structure on, over, or under a right-of-way or watercourse;

(3) Planting, cutting, trimming, or removing any tree, shrub, grass, or other growing thing within a right-of-way or watercourse;

(4) Placing or leaving on a right-of-way or watercourse any rubbish, brush, earth, or other material of any nature whatsoever;

(5) Constructing, placing, or maintaining on, over, under, or within the right-of-way any pathway, sidewalk, driveway, curb, gutter, paving, or other surface or subsurface drainage structure or facility any pipe, conduit, wire, 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; and

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

PERMITTEE. Any person, firm, or corporation that proposes to do work or encroach upon a right-of-way or watercourse as herein defined and has been issued a permit for such encroachment by the City Engineer.

PLANTING STRIP. The area between the curb and sidewalk area not intended for sidewalk purposes.

PRIVATE CONTRACT. 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.

PUBLIC STREET. The full width of the right-of-way of any road, street, highway, alley, lane, or pedestrian walkway used by or for the general public, whether or not such road, street, highway alley, lane, or pedestrian right-of-way has been improved or accepted for maintenance by the city or other public jurisdiction.

RIGHT-OF-WAY. Land which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for and dedicated to the general public for street, highway, alley, public utility, or pedestrian walkway purposes, including the entire planting strip and sidewalk area.

WATERCOURSE. A channel for the carrying of storm water, including both natural and artificial watercourses.

('66 Code, § 7-2.201) (Ord. 41-C-S, passed 2-7-68)

The provisions of this chapter shall not apply to officers or employees of the city acting in the discharge of their official duties, or to any work being performed by any person, firm, or corporation pursuant to a contract with the city.

('66 Code, § 7-2.202) (Ord. 41-C-S, passed 2-7-68)

All permits granted pursuant to the provisions of this chapter shall be subject to the right of the city, and any person or persons 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.

('66 Code, § 7-2.203) (Ord. 41-C-S, passed 2-7-68)

No person shall encroach, or cause to be made any encroachment of any nature whatever, within, upon, over, or under the limits of any right-of-way or watercourse; or make or cause to be made any alteration of any nature within, upon, over, or under the limits of any right-of-way or watercourse; or make or cause to be made any alteration of any nature within, upon, over, or under such right-of-way or watercourse; or construct, put upon, maintain, or leave thereon, or cause to be constructed, put on, maintained, or left thereon, any obstruction or impediment of any nature whatever; or remove, cut, or trim trees thereon; or set a fire thereon; or place on, over, or under such right-of-way any pipeline, conduit, or other fixtures; or 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 city 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 place any structure, wall, culvert, or similar encroachment; or make any excavation or embankment in such a way as to endanger the normal usage of the right-of-way or watercourse without having first obtained a permit as required by the provisions of this chapter.

('66 Code, § 7-2.204) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.

The following encroachments are specifically prohibited, and no applications will be accepted nor permits issued therefor:

(A) Construction or maintenance of a loading dock on, abutting, or in a public right-of-way;

(B) Erection or maintenance of a post, pole, column, or structure for the support of advertising signs;

(C) 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;

(D) Erection, installation, or maintenance of posts, poles, or columns for the purpose of carrying lights intended primarily for lighting of abutting private property;

(E) Installation or maintenance of signs bearing flashing or moving lights, except for temporary warning signs, barricades, or flashers required for the protection of the public during construction operations;

(F) Application of paint to paved surfaces, except for official traffic markings and marking of underground facilities in connection with construction or maintenance work; or

(G) Construction or placement of any fill, wall, pipe, column, pole, fence, tree, shrub, or any other thing which would constrict and reduce the capacity of any watercourse to carry storm water.

('66 Code, § 7-2.205) (Ord. 41-C-S, passed 2-7-68) Penalty, see §§ 1-2.01 et seq.

The provisions of this chapter shall not prevent any person from maintaining any pipe or conduit lawfully on or under any public street, or from making an excavation, as may be necessary for the preservation of life or property when an urgent necessity therefor arises during the hours the offices of the city are closed, except that the person making an emergency use or encroachment on a public street shall apply for a permit therefor within one calendar day after the offices of the city are again opened.

('66 Code, § 7-2.206) (Ord. 41-C-S, passed 2-7-68)