Article I — Generally

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A.

"Applicant" means any person, as defined, that has filed an application to do work or encroach upon a public street or right-of-way as defined in this chapter.

B.

"Camp" or "camping" means to pitch, erect, or occupy an encampment, or to use camp paraphernalia or both, for the purpose of, or in a way that facilitates outdoor sheltering for living accommodation purposes or for remaining outdoors overnight.

C.

"Camp paraphernalia" means personal property used to facilitate occupancy of an area and includes, but not limited to, personal property typically associated with camping such as tarps, cots, beds, sleeping bags, hammocks, bedding, camp stoves, cooking equipment, buckets, and similar equipment, mattresses, couches, dressers, or other furniture.

D.

"Director" means the public works director of the city.

E.

"Encampment" means one or more temporary, makeshift, or hand-built structures not intended for long- term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner. Encampment includes, but not limited to, any camp paraphernalia and personal property associated with or located in or around the structures or tents.

F.

"Encroach" and "encroachment" mean going upon, over, under or using any right-of-way in such a manner as to prevent, obstruct, damage, or interfere with the normal use of that way or property, and may include the performance thereon of any of the following acts:

Excavating or disturbing the right-of-way;

Constructing, placing, leaving, erecting or maintaining any post, sign, pole, fence, barricade, guardrail, wall, furniture, goods, equipment, construction material, loading platform or other structure or object on, over, or under the right-of-way;

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 whatever;

Constructing, placing, leaving, 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, or any pipe, conduit, 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, leaving, planting, camping, maintaining any structure, camp paraphernalia, encampment, or embankment, excavation, tree, or other object adjacent to the right-of-way which causes or will cause an encroachment; or

Other activities which may impede the normal access to the right-of-way.

G.

"Permittee" means any person(s), as defined, that proposes to do work or encroach upon a public street or right-of-way as defined in this chapter and has been issued a permit for such encroachment by the director. All obligations, responsibilities and other requirements of the permittee, as described in this chapter, shall be binding on subsequent owners of the encroachment.

H.

"Person" means a natural person(s), legal entity, firm, company, corporation, limited liability company, partnership, association, and public agency or organization.

I.

"Public street" means the full width of the right-of-way of any road, street, lane or alley used by or for the general public, whether or not those roads, streets, lanes, and alleys have been accepted as and declared to be part of the city system of public streets, except streets forming a part of the state highway system.

J.

"Right-of-way" means land which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for and dedicated to the use of the general public for street or highway purposes, public parks, and public property.

K.

"Sidewalk seating area" means the use of a public sidewalk for the placement of tables, chairs, benches, and related items.

(Ord. No. 1948, § 1, 2-21-2018; Ord. No. 2028, § 3, 12-18-2024)

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

(Ord. No. 1948, § 1, 2-21-2018)

This chapter shall not prevent any person from maintaining any pipe or conduit lawfully on or under any public street, or from making excavation, as may be necessary for the preservation of life or property when an urgent necessity therefor arises during the hours the offices of the city are closed, except that the person making an emergency use or encroachment on a public street shall apply for a permit therefor within one calendar day after the offices of the city are again opened.

(Ord. No. 1948, § 1, 2-21-2018)

Permittee shall be responsible for all liability imposed by law for personal injury or property damage proximately caused by work permitted and done by permittee under the permit, or proximately caused by failure on permittee's part to perform his obligations under such permit in respect to maintenance. If any claim of such liability is made against the city, its elected and appointed officials, officers, employees, or agents, the permittee shall defend, indemnify and hold them, and each of them, harmless from such claim insofar as permitted by law.

Prior to the issuance of a permit, the permittee shall provide to the city, in a form and in amounts acceptable to the risk manager, certificates of insurance, naming the city as an additional insured, covering the scope of work described in the permit and application.

(Ord. No. 1948, § 1, 2-21-2018)

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

(Ord. No. 1948, § 1, 2-21-2018)