Article I — GENERAL PROVISIONS AND DEFINITIONS

As used in this chapter the following words and phrases shall have the meanings given in this section:

A.

"City engineer" means the city engineer of the City of Clayton, California, or his authorized agent.

B.

"Encroach" or "encroachment" means going over, upon or under or using any right-of-way in such a manner as to prevent, obstruct, or interfere with its normal use, including the performance thereon of any of the following acts:

Excavating, filling, or disturbing the right-of-way;

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;

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

Placing or leaving on a 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 any pathway, sidewalk, driveway, curb, gutter, paving or other surface or subsurface drainage structure or facility, any pipe, conduit, wire 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 a right-of-way which causes or will cause an encroachment.

C.

"Permittee" means any person, firm, company, corporation, association, public agency or organization that proposes to do work or encroach upon a right-of-way as defined in this section and has been issued a

permit for encroachment by the city engineer. All obligations, responsibilities and all requirements of the permittee as described in this chapter shall be binding on subsequent owners of the encroachment.

D.

"Private contract" means a contract between two (2) or more parties for the installation, construction, revision, operation or creation of an encroachment, to which contract the city is not a party.

E.

"Public street" means 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 said road, street, highway, alley, lane or pedestrian right-of-way has been improved or accepted for maintenance by the city, except streets and highways forming part of the State Highway System.

F.

"Right-of-way" means land or interest thereon 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, or pedestrian walkway purposes.

(Ord. 37, 1965)

Any permit granted under this chapter shall be subject to the right of the city, or any other person, or persons, firm, corporation, district, or other body of persons entitled thereto, to use that part of the public street for any purpose for which it may be lawfully used, and no part of the street shall be unduly obstructed at any time.

(Ord. 37, 1965)

This chapter shall not apply to any officer or employee of the city acting in the discharge of his official duties, or to any work being performed by any person or persons, firm or corporation under contract with the city.

(Ord. 37, 1965)