Ceres Municipal Code Ch. 01 Public Rights-of-Way

This chapter may be cited as the "Public Right-of-Way Ordinance."

(Ord. No. 2020-1057, § 2, 3-23-2020)

For the purpose of this chapter, and except where otherwise expressly defined in another section of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this chapter, they shall be construed as their ordinary meaning within the context which they are used:

Curb line means the face of existing curbs, or to the locations at which the curb face is to be built in conformance with the master plan of streets and highways, design standards, or approved improvement plans.

Development means any improvement required or permitted by the City pursuant to this chapter or any ordinance within the areas to which this chapter applies.

Excavation means any depression below the surrounding surface formed by removal or displacement of surface or subsurface material, and including the area occupied by such material; or any boring, tunneling, or other subsurface removal or displacement.

Ground cover means prostrate or low growing evergreen plants cultivated in lieu of turf and may not be suitable for foot traffic.

Owner means any person holding title to real property abutting upon public right-of-way; or to any lessee, assignee, tenant, or agent thereof. For the purposes of this chapter, prime responsibility for compliance shall rest upon whichever of these is the occupant or user of the property; ultimate responsibility shall rest upon the legal title holder.

Parkway means that portion of any public street right-of-way between the right-of-way boundary line and the curb line; and also to the area enclosed within the curb lines of a median divider.

Person means any individual, firm, or corporation, or combination thereof, and includes the singular and plural use of meaning thereof.

Right-of-way means any area dedicated to public use for street purposes, and includes any real property or portion thereof owned by the municipal corporation which is used for and in the same manner as dedicated right-of-way.

Shrub means plant materials characterized by moderate mature height, usually having multiple woody stems.

Structure means any object, fixed or moveable, or portion thereof or paving material of any kind, but shall not include vegetation.

Tree means plant materials having a single upright woody stem or trunk, maturing at a height in excess of 15 feet and developing a minimum canopy of 12 feet.

Turf means cultivated grasses, clovers, mosses, dichondra and the like, usually suitable for foot traffic.

Vegetation means all volunteer plants, and to the following categories of cultivated plant materials.

(Ord. No. 2020-1057, § 2, 3-23-2020)

The purpose of this chapter is to regulate development, maintenance, and use of public rights-of-way and other public places to achieve maximum service of the public interest with respect to health, safety, and aesthetic values.

(Ord. No. 2020-1057, § 2, 3-23-2020)

A. Use of any right-of-way for purposes of storage, display or advertising of personal property, merchandise, services, or activities is prohibited, unless a variance is granted by the City.

B. Use of any parkway area for the parking of bicycles, motor vehicles or trailers of any kind is prohibited, unless a variance is granted by the City.

C. Except as otherwise provided, every owner shall make every reasonable effort to maintain the abutting parkway in a safe and neat condition devoid of debris, uncultivated vegetation, obstruction, structures, excavations or other significant deviations from a grade of one-quarter inch per foot from the top of the curb to the right-of-way boundary.

D. No person shall do work within the public right-of-way without prior authorization from the City as provided in this chapter. Any activity involving construction, planting of shrubs or trees, excavation, removal of any structure or tree within the right-of-way shall require an appropriate permit issued by the City. The permit shall describe the permitted activity and the conditions established for the performance thereof, including timely completion. This section shall not apply to approved landscaping activities including installation of sprinkler systems, turf and ground covers, nor to the removal of shrubs, sprinkler systems, turf, and ground covers.

E. No person shall remove, damage, destroy, mutilate, deface, relocate, alter, or injure any improvement, structure, tree or other cultivated vegetation within any public right-of-way or other public place. This section shall not apply to proper care and cultivation of landscape materials, including minor pruning of trees.

F. Any activity which adversely affects surface drainage shall not be considered completed until acceptable drainage has been restored.

G. Any activity which is hazardous, creates a hazard, or is in conflict with normal use of the right-of-way, shall be adequately safeguarded as required by the City, and during periods of restricted visibility shall be marked by warning lights as required by the City. Any disturbance of or interference with such safety devices is prohibited. If the owner or occupant fails to provide such warning devices and lights, the City may provide such devices and bill the owner or occupant and collect in any lawful manner.

H. All applications for permits issued pursuant to this chapter shall be accompanied by fees established by the City to defray costs of administering the provisions hereof, together with any deposits which may be deemed necessary to guarantee replacement of improvements temporarily removed in the performance of the permitted activity.

(Ord. No. 2020-1057, § 2, 3-23-2020)

Prior to construction or major reconditioning of pavement or other improvements within any right-of-way, the City shall notify any person holding a franchise to install, maintain, or operate any underground facility, of the impending work. When so notified, the person shall undertake in a timely manner to perform any maintenance or installation for which there is foreseeable need.

Any person who, after such notice, fails to complete such work in a timely manner, and within one year thereafter makes application for a permit to do work within the area and involving the improvements described in such notice, and the nature of the work is such that it should have been foreseen, may be denied issuance of the requested permit until there exists other justification for partial removal and replacement of such improvements. The applicant may be allowed the option of securing the permit on condition that the improvements involved be completely replaced to the satisfaction of the City, at the cost of the applicant.

(Ord. No. 2020-1057, § 2, 3-23-2020)

Except as otherwise provided under lawful franchise provisions, no public utility or other person shall erect, or cause to have erected, any pole or structure within any right-of-way from which to suspend any power or communication conductor, or any structure or portion thereof which for any purpose encroaches within the airspace of any right-of-way without having first obtained approval by the City of the nature and location thereof.

(Ord. No. 2020-1057, § 2, 3-23-2020)

For the purpose of construction or maintenance of any improvement within any public right-of-way, the City may close such right-of-way or portion thereof to vehicular traffic and, when necessary, to pedestrian traffic.

Closure shall be effected by placement of substantial barriers at the ends and at each intersection of the closed area with any other right-of-way. Barriers shall be consistent with the standards of the California Manual on Uniform Traffic Control Devices.

No person shall move, remove, or obscure such barriers, or travel through any closed area without prior authorization from the City.

(Ord. No. 2020-1057, § 2, 3-23-2020)

Improvements constructed within any right-of-way shall conform to the standard specifications and standard plans, and to the plan of streets and highways (as amended) of the City.

Any deviation from these standards shall be constructed in accordance with an improvement plan approved by the City Engineer.

Construction of concrete sidewalk in addition to the standard sidewalk within any parkway area may be authorized by the City, subject to the conditions contained in the permit issued therefor. Such additional sidewalk may have decorative surface treatment including but not limited to permanent color, exposed aggregate, or brick, unglazed tile, or flagstone, set in the concrete.

Use of asphaltic concrete pavement or loose materials within the parkway areas is prohibited.

(Ord. No. 2020-1057, § 2, 3-23-2020)

The planting and removal of all trees within parkway areas shall be subject to approval by permit of the City and shall conform to the requirements City standards for parkway trees.

No vegetation shall be planted, cultivated, or allowed to exist, within any right-of-way, which produces thorns, spines, or any form of fruit or growth which may constitute a hazard or grievous nuisance.

Any ground cover or shrubbery other than turf cultivated within a parkway area shall not be permitted to grow above 18 inches in height or permitted to spread over adjoining pavement or sidewalk. The cultivation of any ground cover not suited to foot traffic shall be allowed only under the following conditions:

1. When the property owner irrigates, trims, and otherwise maintains all vegetation within the abutting parkway as necessary to preserve the appearance and unobstructed accessibility of the parkway.

2. When the City maintains all driver median parkways, undertakes, all major pruning or other tree surgery, and undertakes all pruning of parkway trees which cannot be done from the ground.

(Ord. No. 2020-1057, § 2, 3-23-2020)

Any and every violation of the provisions of this chapter is declared to be a misdemeanor and shall be punishable by a fine not to exceed $500.00, or by imprisonment not to exceed six months, or by both such fine and imprisonment.

(Ord. No. 2020-1057, § 2, 3-23-2020)

No box or structure for the delivery of mail shall be placed or maintained within the public right-of-way in an area where curbs, gutters, and sidewalks have been constructed abutting residential uses.

(Ord. No. 2020-1057, § 2, 3-23-2020)