Martinez Municipal Code Ch. 12.08 Definitions

"Encroach"

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

A.

Excavating or disturbing the right-of-way;

B.

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

C.

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

D.

Placing or leaving on the right-of-way any rubbish, brush, earth or other material of any nature whatever;

E.

Constructing, placing 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 facilities, any pipe, conduit or cable;

F.

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;

G.

Lighting or building a fire;

H.

Construction, placing, planting or maintaining any structure, embankment, excavation, tree or other object adjacent to the right-of-way which causes or will cause an encroachment.

(Prior code § 4203)

"Engineer,"

as used in Chapters 12.04 through 12.20 means the City Engineer of the City of Martinez, or his authorized representative.

(Prior code § 4205)

"Permittee"

means any person, firm, company, corporation, association, public agency or organization that proposes to do work or encroach upon a public street as herein defined and has been issued a permit for the encroachment by the director. All obligations, responsibilities and other requirements of the permittee as herein described, shall be binding on subsequent owners of the encroachment.

(Prior code § 4206)

"Public street"

means the full width of the surface or traveled portion, including shoulders, or any road, street, path, lane or alley dedicated to, reserved for, used by or for the general public, with those roads, streets, paths, lanes and alleys which 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 or highways forming a part of the County System of Public Highways.

(Prior code § 4201)

"Right-of-way"

means all land or interest therein which by deed, conveyance, agreement, easement, dedications, usage or process of law is reserved for or dedicated to the use of the general public.

(Prior code § 4202)