Coachella Municipal Code Ch. 12.08 Street Damage Prevention Regulations

The city council finds that various dangerous activities have caused damage to the streets in the city. The damage to the streets is a detriment to the health, safety and welfare of the citizens of the city. The city council declares that this chapter is adopted to prohibit dangerous activities on or about city streets which cause, or tend to cause, damage to the streets in the city.

(Prior code § 20-75)

The following definitions apply to this chapter:

"Chief of police" means the chief of police of the city of Coachella.

"City" means the city of Coachella, a municipal corporation, and "city" shall also mean the area within the territorial limits of the city of Coachella.

"City attorney" means the city attorney of the city of Coachella.

"City engineer" means the city engineer of the city of Coachella.

"Dangerous activity" means any activity which directly or indirectly causes damage to any portion of a street, or to any portion of the city's right-of-way, or any act which has the potential to directly or indirectly cause such damage.

"Equipment" means any tool or machinery operated or designed for any purpose.

"Motor vehicle" means any vehicle designed or operated for any purpose including tractors, combines and any other such vehicles.

"Person" means any natural person, association, company, corporation, firm, limited liability company, partnership, or organization of any kind.

"Street" means the travel portion of any alley, highway, parkway, sidewalk, street or other public way in the city and the city's right-of-way for such purposes or uses.

(Prior code § 20-76)

A. It is unlawful for any person to perform any dangerous activity on or about any street which causes damage, or which has the potential to cause damage, to any portion of any street unless the person has been granted and has in full force and effect an excavation permit issued pursuant to Chapter 12.04 of this code or a permit issued pursuant to this chapter.

B. A person performing dangerous activities on private property, or portion thereof, has the duty to refrain from conducting such activities and the duty to perform such dangerous activities so as to prevent damage to any street, or portion thereof. In the event a person causes damage to any street, or portion thereof, such person shall be responsible for the cost to repair such damage.

C. It shall be a misdemeanor for any person to violate any provision of this chapter. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of a provision of this chapter is committed, continued, or permitted by such person, and may be punished pursuant to Section 1.08.010 of this code.

(Prior code § 20-77)

It is unlawful for any person to engage in any dangerous activities or to operate any motor vehicle or equipment constituting a dangerous activity on any street or within ten (10) feet of any street right-of-way, other than normal travel thereon, without a permit under this chapter.

(Prior code § 20-78)

Prior to issuing a permit under this chapter, the city engineer shall require and determine as follows:

A. Each applicant shall submit a written application with the city engineer. The application shall include the name and residence or business address of the person making the application, a description of the proposed activity including the operation of a motor vehicle or equipment on or about a city street, the date of commencement and the date of completion of such activity, the location and area of use of the motor vehicle or equipment, and any other reasonable information the city engineer may need in order to assess whether to deny or grant the permit. After such approval or denial the application shall be filed in the office of the city engineer as a public record.

B. The application shall contain the following statement which shall be signed by the applicant:

"The applicant acknowledges the duties under Chapter 12.08 of the Coachella Municipal Code and agrees to comply with the conditions on a permit issued under Chapter 12.08. The applicant also agrees to repair, or to pay the City, for the cost of any damage to the City's street or right of way caused, directly or indirectly, by the applicant and also agrees to pay the City's collection costs including actual attorneys' fees."

C. The city engineer shall investigate the proposed operation and its affect on city streets. The city engineer shall also investigate the accuracy and truthfulness of the information on the application.

D. Upon review and investigation of a written application, the city engineer shall grant or deny a written permit to operate such activity; provided, however, that the city engineer may impose reasonable conditions on the permit including the requirement for security of an amount sufficient to pay for any likely damage to the city streets in the form approved by the city attorney.

E. The permit shall specify the person to whom the permit is issued, the location where the activity including the operation of a motor vehicle or equipment may occur, and the effective dates of the permit.

F. No permit issued under this chapter shall be transferable.

G. Every permit issued under this chapter shall become void after the expiration date on the issuance of such permit.

(Prior code § 20-79)

The chief of police and all police officers are directed to enforce each and all provisions of this chapter. Such officers shall have the right to demand the exhibition of a valid permit as required by this chapter of any person engaged or employed in any dangerous activity including the operation of a motor vehicle or equipment on any city street to ascertain that the required permit has been procured.

(Prior code § 20-80)