Moraga Municipal Code § 1 Amendment of the Contra Costa County Ordinance Code as Adopted by Reference

The Contra Costa County Ordinance Code (adopted by the Town by reference) is amended:

1. By adding to Section 1002-2002(3) a new subsection (I) to read as follows:

"Encroach" includes going on, over, or under, or using any right-of-way so as to prevent, obstruct, or interfere with the normal use of that way, including the performance of any of the following acts:

(A) Excavating or disturbing the right-of-way;

(B) Erecting or maintaining any post, sign, pole, fence, on, 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 any material;

(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 facility; or 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 within the right-of-way;

(H) Constructing, 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;

(I) Painting on or within the right-of-way."

2. By adding a new section 1002-2.020 Violation—Penalty to read as follows:

"1002-1.010. Violation - Penalty.

A person who violates a provision of this Division 1002, Encroachments, is guilty of an infraction punishable under Title 1, Chapter 3, of the Municipal Code."