Kern County Municipal Code Ch. 12.16 Highway Encroachments

For the purposes of this chapter, the following terms are defined as follows:

A. "Improved highway" means a county road or highway paved with cement, concrete or asphaltum concrete, or a highway having a hard surface and distinct roadway not less than four (4) inches thick made up of a mixture of rock, sand or gravel, bound together by an artificial binder other than natural soil.

B. "Person" means and includes both the singular and plural, and is declared to mean any person, copartnership, firm, club, society or corporation.

C. "Unimproved highway" means any county road or highway which is not an improved highway within the meaning of this section.

(Prior code § 2660)

A. It is unlawful for any person, firm or corporation to dig in, excavate, plow up, tear up, fill, cover, disturb or change any part of the portion of any public highway in the county, or to place any obstruction or pile any material on the surface of any highway, without first obtaining a permit therefor, and doing such work in the manner as provided in this chapter.

B. Exceptions for Repairs as to Unimproved Roads.

1. Notwithstanding the foregoing, as to any unimproved highway as defined herein, any person, firm or corporation maintaining gas pipes or water mains under franchise or lawful authority may excavate in the highway for purpose of repair of said pipes, without first obtaining a permit, but as soon as possible there must be filed a written statement to the director of roads for the county containing the same information as is required in an application for permit under this chapter.

2. After any of the work mentioned in paragraph (1) of this subsection is begun, the doing thereof and the repairing and restoring of the highway shall be prosecuted with reasonable diligence and in a manner that will not obstruct the highway or travel thereon more than is absolutely necessary.

(Ord. G-6345 § 53, 1996; Ord. G-5885 § 49, 1993; prior code §§ 2650, 2653, 2656)

No permit shall be granted in a road located within any sanitation or sanitary district for encroachment for purpose of laying or replacing or repairing any sewer line without the consent of the board of directors of such district and the approval of the engineer thereof, if one has been appointed.

(Prior code § 2654)

Pursuant to the provisions of Section 985 of the Streets and Highways Code of the state of California, it is made unlawful for any person, firm or corporation to construct, install and/or maintain a cattle guard on any county highway or county right-of-way, except if an encroachment permit therefor has first been obtained from the director of roads for the county pursuant to this chapter. No such permit shall be issued unless and until the board of supervisors has approved the specifications for the construction of such cattle guard, and the applicant has furnished such bond, if any, as may be required by the board of supervisors.

(Ord. G-6345 § 55, 1996: Ord. G-5885 § 51, 1993: prior code § 2665)

Notwithstanding any provision in this chapter to the contrary, the director of roads for the county shall not issue an encroachment permit pursuant to the provisions of this chapter to any person, firm or corporation for any use of any public highway in the county for which a franchise may be issuable under Article 1 of Chapter 1 of Division 3 (commencing with Section 6001) of the Public Utilities Code, unless such person, firm or corporation has been granted a franchise by the county pursuant to the Public Utilities Code; provided, still further, that no encroachment permit shall be issued under this chapter if such permit shall unduly interfere with the rights and privileges of any person, firm or corporation which has been issued a franchise pursuant to the Public Utilities Code; and the grantee of any such franchise shall have the prior right to make full use of the county streets and county highways, as provided in the franchise, as against all persons applying for an encroachment permit under this chapter who have not been issued such a franchise.

(Ord. G-6345 § 56, 1996: Ord. G-5885 § 52, 1993: prior code § 2666)

Any person, firm or corporation desiring to obtain a permit as mentioned in subsection (A) of Section 12.16.020 of this chapter for any work that penetrates the surface of the highway, shall file with the director of roads for the county a written application therefor, describing specifically the location, nature and extent of the proposed work and the purpose thereof, and the nature of the right, if any, of the applicant to do such work. Any applicant for permission to lay any gas or water pipes, electrical conduits, or any other pipes or conduits of any kind or nature whatsoever shall file with the application a diagram showing the route, terminals and location in the highway of such gas or water pipes, electric conduits or pipes or conduits of any kind or nature.

(Ord. G-6345 § 57, 1996: Ord. G-5885 § 52, 1993: prior code § 2651)

If it appears that the applicant is lawfully entitled under any franchise, or as the owner of the abutting land, or otherwise has a legal right to do such work in the highway at the place and in the manner proposed, the director of the roads department shall, upon also being satisfied that such work is necessary and will be properly done, grant a written permit for the work or such part thereof as he may find proper, except that where the work falls within the class referred to in Section 12.16.030 of this chapter, he shall first follow the provisions thereof. The permit shall require that the permittee install and maintain a permanent marker at the point of installation identifying such installation. The director of the roads department shall thereupon file all such applications and diagrams, together with a memorandum of his action thereon, with the clerk of the board of supervisors. Prior to commencing any work in the highway and upon the request of the director of the roads department, the applicant shall file an acceptable regular certificate of insurance with the director of the roads department showing that he has at least such minimum bodily injury and property damage insurance as the director of the roads department shall establish from time to time by his order for encroachment permits of that type.

(Ord. G-6647 § 3, 1999: Ord. G-6345 § 58, 1996: Ord. G-5885 § 54, 1993: prior code § 2652)

Any person desiring to obtain a permit for work mentioned in subsection (A) of Section 12.16.020 of this chapter which does not penetrate the surface of the highway, but only constitutes the placing of an obstruction or the piling of material upon the surface thereof, shall make an application in writing to the director of roads, stating the exact location in the highway where it is desired to place such obstruction or pile such material, the length of time it will remain, and the amount of highway space it will cover. If it appears to the director of roads that the placing of the obstruction or the piling of the material therein as specified in the application filed under the preceding section will not unduly interfere with traffic in the road or endanger the safety of persons using it, and that it is necessary, he may grant it for a reasonable period of time.

(Ord. G-6345 § 59, 1996: Ord. G-5885 § 55, 1993: prior code § 2657)

Whenever an application for a encroachment permit under subsection (A) of Section 12.16.020 of this chapter is made for the purpose of construction of curbs, gutters, sidewalks or driveway approaches, the director of roads shall specify the type that is to be permitted, and the installations thereof shall conform to the line and grade as established by the county surveyor. The standards and specifications for such curbs, gutters, sidewalks and driveway approaches shall be according to the standards and specifications adopted by the board of supervisors under the subdivision of land ordinance of the county, Title 18 of this code.

(Ord. G-6345 § 60, 1996: Ord. G-5885 § 56, 1993: prior code § 2662)

No permit is required in roads in new subdivisions for the purpose of making the improvements designated by the board of supervisors under the subdivision of land ordinance of the county, Title 18 of this code, and which improvements are a part of the improvement contract between the county and the subdivider; but for any improvement of or encroachment on any road for purposes not designated in such improvement contract, a permit must first be secured from the director of roads under this chapter. Failure to secure an encroachment permit prior to beginning the work for which one is required, or construction in violation of the terms of such permit, constitutes a violation of this chapter.

(Ord. G-6345 § 61, 1996: Ord. G-5885 § 57, 1993: prior code § 2664)

Any person, firm or corporation making any trench, ditch, pit or other dangerous excavation, or piling any material in the traveled part of any public highway, shall place and maintain lights at each end of such pile or excavation, and at distances of not more than one hundred (100) feet apart along such pile or excavation, from sunset of each day to sunrise of the next day, until such excavation is entirely refilled, or such pile of material is removed.

(Prior code § 2658)

If it becomes necessary for any person in laying gas or water pipes or conduits to cross any such highway, such person, after procuring a permit therefor as hereinafter provided, may tunnel under the improved portion of the highway. If any such tunnel is made, the surface shall be blocked up in such a manner as to ensure the safe use of the highway pending the work and the work shall be conducted as expeditiously as possible, and upon completion thereof the tunnel shall be filled and closed in such manner that the surface of the street will be supported the same as though the tunnel had never been put in. If at any time during the construction of the work or thereafter the surface of the street offers any indication of breaking up, sinking or being otherwise disturbed by reason of construction of such tunnel, the county may repair the same, and the person digging the tunnel shall be liable for all the expenses incurred.

(Prior code § 2659)

It shall be the duty of any person, firm or corporation, digging, excavating, plowing up, tearing up, filling, disturbing or changing any portion of the traveled part of the public highway, or the surface thereof, to repair the highway wherever disturbed or affected by the doing of said work, and to restore the highway and the surface thereof to as good condition as the same was in before such work was begun, all of which shall be done to the satisfaction of the director of roads. The refilling of all such excavations shall be made in the following manner: the dirt shall be replaced and carefully tamped in layers, not exceeding two (2) feet in thickness, and each layer shall be well flooded with water before the next layer is put on, and the top layer shall be well flooded with water and tamped, although the same may be less than two (2) feet in thickness. The surface of such refilling shall, when completed, be smooth and even, and flush with the surrounding surface of the highway, without bumps or depressions. If any person, firm or corporation doing any work hereinbefore mentioned, on any highway, fails to repair such highway and restore the same to its former condition, as herein directed, within a reasonable time, the director of roads shall report the matter to the board of supervisors and may, upon their order, do or complete the work or repair and restoration; and the person, firm or corporation by whom such digging, excavating, plowing, tearing up, filling, disturbing or changing was done shall be liable to the county for the cost of such work.

(Ord. G-6345 § 62, 1996: Ord. G-5885 § 58, 1993: prior code § 2655)

A. Any person, firm or corporation violating any provisions of this chapter is guilty of a misdemeanor.

B. It is unlawful for any person to violate any of the provisions of this chapter, and violations are subject to, and punishable as provided in Section 1.12.030 of this code.

(Prior code §§ 2661, 2663)