Clovis Municipal Code Art. 1 General Provisions

The following words and phrases when used in this chapter shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this chapter.

(§ 1, Ord. 20-04, eff. April 1, 2020)

“Encroach or encroachment”

shall mean going upon, over, under or using any right-of-way 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:

(a)

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

(b)

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

(c)

Planting any tree, shrub, or other growing thing within the right-of-way; placing or leaving on the right-of-way any rubbish, brush, earth, or other material of any nature whatsoever;

(d)

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

(e)

Lighting or building a fire;

(f)

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

(g)

Placing or causing to be placed any material, machinery, or apparatus on the right-of-way for building, paving, or other purposes for over twenty-four (24) hours.

(§ 1, Ord. 20-04, eff. April 1, 2020)

“Right-of-way”

shall mean land which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for and dedicated to the City or the general public for street, highway, alley, pedestrian walkway utility or other purposes.

(§ 1, Ord. 20-04, eff. April 1, 2020)

“City Engineer”

shall mean the City of Clovis City Engineer. Whenever, by the provisions of this chapter, a power is granted to the City Engineer or a duty is imposed upon him or her, the power may be exercised or the duty performed by his deputy or by a person authorized in writing by the City Engineer.

(§ 1, Ord. 20-04, eff. April 1, 2020)