Chapter 14.16 — ENCROACHMENTS

For the purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:

"Director" means the Public Works Director of the City or the City Manager's designee;

"Encroach" or "encroachment" means 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 tunneling within, or otherwise disturbing the right-of-way,

• (B) Erecting or maintaining any post, sign, pole, fence, guard rail, 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 facility, any pipe, conduit, or cable;

• (F) Lighting or building a fire,

• (G) 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,

• (H) Traveling on the right-of-way by any vehicle or combination of vehicles or object, of dimension, weight or other characteristic, when such traveling is prohibited by law without a permit; provided that this provision shall not be deemed applicable to housemoving so long as said subject is regulated elsewhere in this code;

• (I) Setting, establishing, erecting or maintaining any trash container or other structure on or over or under the right-of-way adjacent to any land zoned for commercial use;

"Permittee" means any person that proposes to do work or encroach upon a public highway as herein defined and has been issued a permit for such encroachment by the director;

"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;

"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.

(Prior code § 7200; Ord. 911 § 2, 1971; Ord. 1456 § 2, 1993; Ord. 1941 § 3, 2017)

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City of Palm Springs, CA

PALM SPRINGS CODE

§ 14.16.020

§ 14.16.070

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 public highway for any purpose for which it may be lawfully used, and no part of the highway shall be unduly obstructed at any time. (Prior code § 7201; Ord. 911 § 2, 1971)

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 or persons under contract with the city. (Prior code § 7202; Ord. 911 § 2, 1971)

No person shall encroach or cause to be made any encroachment of any nature whatever within, upon, over or under the limits of any right-of-way, or make or cause to be made any alteration of any nature within, upon, over, or under the limits of any right-of-way, or make or cause to be made any alteration of any nature within, upon, over, or under such right-of-way, or construct, put upon, maintain or leave thereon, or cause to be constructed, put on, maintained or left thereon, any obstruction or impediment of any nature whatever, or remove, cut or trim trees thereon, or set a fire thereon, or to place on, over or under such right-of-way any pipe line, conduit or other fixtures, or move over or cause to be moved over the surface of any rightof-way or over any bridge, viaduct, or other structure maintained by the city any vehicle or combination of vehicles or other object of dimension or weight prohibited by law or having other characteristics capable of damaging the right-of-way, or place any structure, wall, culvert, or similar encroachment, or make any excavation or embankment in such a way as to endanger the normal usage of the right-of-way without having first obtained a permit as required by this chapter.

(Prior code § 7203; Ord. 911 § 2, 1971)

No application will be approved nor permit issued for constructing or maintaining a loading platform upon or in the right-of-way of a public street or for erecting or maintaining therein or thereon a post, pole, column or structure for support for advertising signs. (Prior code § 7204; Ord. 911 § 2, 1971)

This chapter shall not prevent any public utility 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.

(Prior code § 7205; Ord. 911 § 2, 1971)

The written permits required by this chapter shall be issued by the director subject to conditions

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City of Palm Springs, CA

STREETS AND SIDEWALKS

§ 14.16.070

§ 14.16.110

set forth in this chapter or required by other provisions of law. (Prior code § 7210; Ord. 911 § 2, 1971)

The director shall prescribe and provide a regular form of application for the use of any applicant for a permit required by this chapter. The application form shall contain space for the name, address and principal place of business of the applicant, together with such detail as in the judgment of the director is necessary to establish the exact location, dimensions, duration, and purpose of the proposed use or encroachment. (Prior code § 7211; Ord. 911 § 2, 1971)

The applicant shall enclose with, attach or add to the application for a permit a map, plat, sketch, diagram or similar exhibit on which shall be plainly shown any and all information necessary to locate, delineate, illustrate, or identify the proposed use or encroachment and the right of applicant to so use or encroach thereon. (Prior code § 7212; Ord. 911 § 2, 1971)

The applicant shall also enclose with, attach or add to the application for a permit the written order or consent to any work thereunder, required by law, of the public utilities commission, sanitary district, water districts, or any other public body having jurisdiction. A permit shall not be issued until and unless such order or consent is first obtained and evidence thereof filed with the director. The permittee shall keep himself adequately informed of all state and federal laws and local ordinances and regulations which in any manner affect the permit. The applicant shall at all times comply with and shall cause all his agents and employees to comply with all such laws, ordinances, regulations, decisions, court and similar authoritative orders. (Prior code § 7213; Ord. 911 § 2, 1971)

The applicant shall design, plan, install and maintain the encroachment in such a manner that the applicant's encroachment will not unreasonably interfere with existing facilities, improvements and encroachments within the public right-of-way. The determination of whether an encroachment unreasonably interferes with an existing facility, improvement or encroachment will be made by the director. The applicant's encroachment shall not be constructed, installed or maintained in a manner that would make any existing encroachment non-conforming under the standards and requirements of this title. (Ord. 1680 § 2, 2006)

The 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 officers, or employees, permittee shall defend, indemnify and hold them, and each of them, harmless from such claim insofar as permitted by law.

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City of Palm Springs, CA

PALM SPRINGS CODE

§ 14.16.110

§ 14.16.160

(Prior code § 7214; Ord. 911 § 2, 1971)

• (a) The schedule of fees will be those recommended by the director and established and adopted by the city council from time to time by resolution. Before a permit is issued the applicant shall deposit with the city cash or check, in a sufficient sum to cover the fee for issuance of the permit, charges for field investigation, and the fee for necessary inspection, all in accordance with schedule established and adopted by the city council.

• (b) Public utilities may, at the director's option, make payment for the above charges as billed by the city instead of advance deposit as required above.

• (c) Fees will not be required of any public agency which is authorized by law to establish or maintain any works or facilities in, under, or over any public street or right-of-way.

• (Prior code § 7215; Ord. 911 § 2, 1971)

Before a vehicle or combination of vehicles or object of weight or dimension or characteristic, prohibited by law without a permit, is moved on any public right-of-way, a permit to do so must first be granted by the director as set forth in specifications established by the director or as otherwise required by him. This section shall not be deemed applicable to housemoving so long as such subject is regulated elsewhere in this code. (Prior code § 7216; Ord. 911 § 2, 1971)

The permittee shall begin the work or use authorized by a permit issued pursuant to this chapter within ninety days from date of issuance, unless a different period is stated in the permit. If the work or use is not begun within nine-ty days, or within the time stated in the permit, then the permit shall become void. A permit for continuing a use or maintaining an encroachment previously authorized except when issued to a public agency or a public utility holding a franchise from the city, shall be valid for a term of one year from date of issuance, unless sooner terminated by discontinuance of the use, or removal of the encroachment, for which the permit was issued.

(Prior code § 7217; Ord. 911 § 2, 1971)

The permittee shall complete the work or use authorized by a permit issued pursuant to this chapter within the time specified in the permit. If at any time the director finds that the delay in the prosecution of completion of the work or use authorized is due to lack of diligence on the part of the permittee, he may cancel the permit and restore the right-of-way to its former condition. The permittee shall reimburse the city for all expenses incurred by the city in restoring the rightof-way.

(Prior code § 7217.1; Ord. 911 § 2, 1971)

(a) The permittee shall keep any permit issued pursuant to this chapter at the site of work, or

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City of Palm Springs, CA

STREETS AND SIDEWALKS

§ 14.16.160

§ 14.16.210

in the cab of a vehicle when movement thereof on a public street is involved, and the permit must be shown to the director or any law enforcement officer on demand.

• (b) A permit issued for continued use or maintenance of an encroachment may be kept at the place of business of the permittee or otherwise safeguarded during the term of validity, but shall be made available to the director or any law enforcement officer within a reasonable time after demand therefor is made.

(Prior code § 7218; Ord. 911 § 2, 1971)

No changes may be made in the location, dimension, character or duration of the encroachment or use as granted by the permit except upon written authorization of the director. (Prior code § 7219; Ord. 911 § 2, 1971)

If required by the director, and before a permit is effective, the permittee shall deposit with the director, or agent authorized by resolution of the city council, a cash deposit or an approved surety bond, in the sum to be fixed by the director as sufficient to reimburse the city for costs of restoring the right-of-way to its former condition, based on the schedules, if any, adopted by resolution of the city council.

(Prior code § 7220; Ord. 911 § 2, 1971)

In lieu of repeated individual bonds which may be required pursuant to Section 14.16.180, the permittee may, upon approval by the director, annually file with the director a cash deposit or an approved surety bond issued by a company authorized to do a general surety business in the state, in a sum fixed by the director as sufficient to reimburse the city for expenses to be incurred in restoring the right-of-way to its former condition, subject to the schedules, if any, adopted by resolution of the city council.

(Prior code § 7221; Ord. 911 § 2, 1971)

An application for a permit for a use or encroachment which is to continue or remain within, under, or upon the right-of-way of a public highway beyond the time authorized for actual construction or installation, shall be accompanied by a cash bond or approved surety bond issued by a company authorized to do a general surety business in the state in a penal sum to be fixed by the director as sufficient to reimburse the city for all expenses which are or might be incurred by the city in making the right-of-way safe and convenient for the travel of the general public, subject to the schedules, if any, adopted by resolution of the city council and in effect at the time of application for a permit.

(Prior code § 7222; Ord. 911 § 2, 1971)

The director may require an additional bond or cash deposit at any time when in his opinion the amount of the bond or cash deposit previously made is insufficient, subject to the schedules, if any, adopted for that purpose by the city council.

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City of Palm Springs, CA § 14.16.210

PALM SPRINGS CODE

§ 14.16.260

(Prior code § 7223; Ord. 911 § 2, 1971)

The condition of any bond or cash deposit made pursuant to Sections 14.16.180 through 14.16.240 shall be that the permittee will diligently and in good faith comply with this chapter and the terms and conditions of the permit.

(Prior code § 7224; Ord. 911 § 2, 1971)

Any bond or cash deposit required pursuant to this chapter shall be payable to the city. Upon satisfactory completion of all work authorized in the permit, and fulfillment of all conditions of the permit, the bond or cash deposit shall be released.

(Prior code § 7225; Ord. 911 § 2, 1971)

Cash deposits or bonds will not be required of any public utility or public agency which is authorized by law to establish or maintain any works or facilities in, under, or over any public street or right-of-way.

(Prior code § 7226; Ord. 911 § 2, 1971)

• (a) The permittee in the conduct of the work, use, or maintenance of an encroachment authorized by a permit issued pursuant to this chapter shall provide, erect, and/or maintain such lights, barriers, warning signs, patrols, watchmen, and other safeguards as are necessary to protect the traveling public. Any omission on the part of the director to specify in the permit what lights, barriers, or other protective measures or devices are required, shall not excuse the permittee from complying with all requirements of law and appropriate regulations and ordinances for adequately protecting the safety of those using public streets. If, at any time, the director finds that suitable safeguards are not being provided, the city may provide, erect, maintain, relocate or remove such safeguards as are deemed necessary or may cancel the permit and restore the right-of-way to its former condition, all at the expense of the permittee.

• (b) A permittee making any excavation or erecting or leaving any obstruction within, under, or upon the right-of-way, or causing the same to be made, erected, or left, shall place and maintain lights at each end of the excavation or obstruction, at not more than fifty foot intervals along the excavation or obstruction, from one-half hour before sunset of each day to one-half hour after sunrise of the next day, until the excavation is entirely refilled or the obstruction removed and the right-of-way made safe for use. In addition, reflectorized warning signs conforming to the requirements of the California Division of Highways shall be placed two hundred feet and four hundred feet from each excavation or obstruction, in such a position as to adequately warn public traffic.

• (c) The warning signs, lights and other safety devices shall conform to the requirements of Section 21400 of the Vehicle Code and of any sign manual issued by the Department of Public Works of the state.

(Prior code § 7230; Ord. 911 § 2, 1971)

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City of Palm Springs, CA

STREETS AND SIDEWALKS

§ 14.16.260

§ 14.16.300

Before beginning any work which is or includes excavation, construction of concrete sidewalks, curbs, gutters or driveway approaches, planting, trimming or removing trees, making, placing or causing an obstruction in the traveled way, the permittee shall notify the director at least twentyfour hours prior to beginning such work.

(Prior code § 7231; Ord. 911 § 2, 1971)

The permittee shall, upon completion of all work authorized in the permit, notify the director. No work shall be deemed to be completed until such notification of completion is given and the work is accepted by the director.

(Prior code § 7231.1; Ord. 911 § 2, 1971)

If the work, use or encroachment authorized in the permit issued pursuant to this chapter interferes with the established drainage, the permittee shall provide for proper drainage as directed by the director.

(Prior code § 7231.2; Ord. 911 § 2, 1971)

All work or use shall be planned and executed in a manner that will least interfere with the safe and convenient travel of the general public at the place where the work or use is authorized; and at no time shall a public street be closed, or the use thereof denied the general public, or shall access to adjacent private property be cut off, without the prior permission of the director. (Prior code § 7231.3; Ord. 911 § 2, 1971)

Upon completion of the work, acts or things for which the permit was issued, or when required by the director, the permittee shall replace, repair or restore the public street at the place of work to the same condition existing prior thereto unless otherwise provided in the permit. The permittee shall remove all obstructions, impediments, material or rubbish caused or placed upon the right-of-way of the public street under the permit, and shall do any other work or perform any act necessary to restore the public street to a safe and usable condition.

After completion of all work, the permittee shall exercise reasonable care in inspecting and maintaining the area affected by the encroachment. For a period of one year after the completion of the work the permittee shall repair and make good any injury or damage to any portion of the street which occurs as the result of work done under the permit, including any and all injury or damage to the street which would not have occurred had such work not been done. By the acceptance of the permit the permittee agrees to comply with the above. The permittee shall, upon notice from the director immediately repair any injury, damage or nuisance, in any portion of the right-of-way, resulting from the work done under the permit. In the event that the permittee fails to act promptly or should the exigencies of the injury or damage require repairs or replacement to be made before the permittee can be notified or can respond to notification, the city may, at its option, make the necessary repairs or replacement or perform the necessary work and the permittee shall be charged with all the expenses incurred in the performance of

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City of Palm Springs, CA

PALM SPRINGS CODE

§ 14.16.300

§ 14.16.350

such work. (Prior code § 7232; Ord. 911 § 2, 1971)

If any future construction, reconstruction or maintenance work by the city on a public right-ofway requires the relocation, removal or abandonment of installations or encroachments in, on or under the public right-of-way, the permittee or other person or entity owning, controlling, or maintaining such installations or encroachments shall relocate, remove or abandon the same at his sole expense subject, however, to any applicable prior rights or express statute to the contrary, and provided further that this provision shall apply to and remain in force and effect only so long as the right-of-way upon which such installations or structures are located shall be used for usual street purposes, and not as a freeway, and this provision shall cease to apply when such street shall become a freeway. When removal, relocation or abandonment is required, the director shall give such permittee or other person or entity a written demand specifying the place of relocation, or that the installations or encroachment must be removed, relocated or abandoned. If such permittee or other person or entity fails to comply with such instructions, the city may cause the removal, relocation or abandonment of the encroachment at the expense of such permittee or other person or entity. (Prior code § 7232.1; Ord. 911 § 2, 1971)

All work done under a permit issued pursuant to this chapter shall conform to specifications established by either the city council or the director, or in the absence of established specifications, to recognized standards of construction and approved practices in connection with the work to be done. All work shall be done subject to the supervision of, and to the satisfaction of the director.

(Prior code § 7233; Ord. 911 § 2, 1971)

Unless otherwise approved by the director, no material shall be stored by a permittee within five feet of a public street, and/or excess earth materials from trenching or other operations shall be removed from the pavement, traveled way, or shoulder as the trench is backfilled or other work carried forward.

(Prior code § 7234; Ord. 911 § 2, 1971)

The minimum cover over any and all pipes or conduits larger than two and a half inches installed within the right-of-way shall be thirty inches of earth or imported materials, unless otherwise specified in the permit. Within the traveled way, the minimum cover of three feet shall be measured from the surface, existing or planned. The director is authorized to permit installation of pipes or conduits where three feet of cover cannot be provided because of topography, structures, or other engineering necessity.

(Prior code § 7234.1; Ord. 911 § 2, 1971)

Whenever any pipe, conduit, duct, tunnel, or other equipment or structure located under the

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City of Palm Springs, CA

STREETS AND SIDEWALKS

§ 14.16.350

§ 14.16.375

surface of any public street, thoroughfare or other public place, or the use thereof, is abandoned, the person or entity owning, using, controlling or having an interest in same, shall, within thirty days after such abandonment, file in the office of the director a map giving in detail the location of the pipe, conduit, duct, tunnel or other equipment or structure so abandoned. Upon written demand by the city, the abandoned equipment shall be removed by such person or entity which abandoned the facility, and at no cost to the city. (Prior code § 7234.2; Ord. 911 § 2, 1971)

• (a) Trench Length Limit.

No trench shall be opened in any street or thoroughfare for the purpose of laying pipes or conduits more than six hundred feet in advance of pipe or conduit placed therein, except in cases of emergency or by written consent of the director.

• (b) Piling of Excavated Material.

All excavated material shall be piled along the trench leaving clear the area at least one foot on each side thereof.

• (c) Segregation of Surface Material, Subsoil.

The surface material shall be piled on one side of the trench and the subsoil on the other side of the trench.

• (d) Driveways at Intersections.

When a crossing street intersects with an excavation, a driveway for vehicles shall at all times be maintained, unless a detour plan is approved in advance by the director.

• (e) Private Driveways.

All private driveways shall be kept open to the maximum extent feasible. (Prior code § 7234.3; Ord. 911 § 2, 1971)

Backfilling of an excavation shall be in accordance with plans and specifications established by resolution of the city council. Backfill shall not be placed in any excavation without compaction of the material used therein, in accordance with said specifications. (Prior code § 7234.4; Ord. 911 § 2, 1971)

Resurfacing of excavations and trenches shall be accomplished as follows:

• (1) Temporary Resurfacing.

Unless permanent pavement is placed immediately, temporary bituminous resurfacing two inches (fifty-one millimeters) thick shall be placed and maintained at locations determined by the director wherever excavation is made through pavement, sidewalks or driveways. In sidewalk areas, the temporary bituminous resurfacing shall be at least one inch (twenty-five

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City of Palm Springs, CA § 14.16.375

PALM SPRINGS CODE

§ 14.16.400

millimeters) thick. At major intersections and other critical locations, a greater thickness may be ordered by the director. Temporary resurfacing shall be placed and rolled with a minimum three-ton roller or equivalent, as soon as the condition of the backfill is suitable to receive it the same day. The bituminous mixture used shall conform to the applicable sections of the city's most currently adopted standard specifications for public works construction.

(2) Permanent Resurfacing.

The permanent pavement shall be installed within fifteen calendar days of the date of the initial excavation on major and secondary thoroughfares, thirty calendar days on collector streets, unless otherwise directed by the director. The temporary pavement shall be removed and disposed of by the permittee. The edges of the street excavation shall be cut to a neat edge in a manner approved by the director. The permanent pavement shall be installed in two lifts and shall be one inch (twenty-five millimeters) greater in thickness than existing pavement, or four inches (one hundred two millimeters) minimum thickness; rolled with a minimum three-ton steel roller or equivalent. The subgrade and the permanent paving shall conform to the applicable section of the city's most currently adopted standard specifications for public works construction. If the permittee fails to complete the permanent resurfacing within the time specified above, a code violation notice will be issued to him, and the matter will thereafter be subject to other appropriate remedies such as the city completing the work and charging the permittee for the costs and expenses thereof, or referral of the matter to the city attorney or to other appropriate agencies such as the Contractors' State License Board for suitable enforcement or disciplinary proceedings. (Ord. 1050 § 1, 1977)

• (a) Clearances and types in the construction of poles and transmission line carriers shall be in accordance with rules, regulations, and orders of the Public Utilities Commission and other public agencies having jurisdiction.

• (b) No guy wires shall be attached to trees without specific authorization to do so in the permit, and in no event shall guy wires be so attached as to girdle the tree or interfere with its growth. Guy wires shall not be below the minimum elevation above the ground, prescribed in the rules, orders, and regulations of the Public Utilities Commission.

• (c) When a pole, brace, stub, or similar timber is removed and not replaced, the entire length thereof shall be removed from the ground and the hole backfilled and compacted.

• (Prior code § 7234.5; Ord. 911 § 2, 1971)

When the location or position of a pole or other obstruction makes accentuation of its visibility to vehicular traffic necessary, the director may require that the pole or other obstruction be painted, or equipped with reflectors or other aids to visibility prescribed or authorized by the Public Utilities Commission or the Department of Public Works of the state, at the expense of the permittee.

(Prior code § 7234.6; Ord. 911 § 2, 1971)

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City of Palm Springs, CA

STREETS AND SIDEWALKS

§ 14.16.400

§ 14.16.420

When authorized by a permit issued pursuant to this chapter to move a vehicle or combination of vehicles or load of dimension or weight in excess of that permitted by law, the permittee shall comply with the general law regulating travel over a public street, including posted signs or notices which limit speed or direction of travel, or weight which may be placed upon a structure or the width or height that may be moved thereon or thereover, or otherwise restricting or controlling travel on a public street. The permittee shall at all times conform to and abide by the practice and procedure necessary to make safe and convenient the travel of the general public, and to keep safe and preserve the public highway over and on which movement is being made. Any violation of this section shall cancel the permit issued to the permittee. (This section shall not be deemed to apply to housemoving so long as such subject is regulated elsewhere in this code.)

(Prior code § 7235; Ord. 911 § 2, 1971)

No permit pursuant to this chapter need be obtained for the placing and maintaining of a mailbox within a public right-of-way so long as such mailbox and its placement comply with the rules and regulations of the United States Post Office Department, and also the following regulations:

• (1) Mailboxes and containers for the collection and storage of mail shall be so placed or maintained as to not endanger the life or safety of pedestrian traffic or inhibit the flow of vehicular traffic, irrespective of when such situation should first come into existence;

• (2) There will be a four-foot-wide clearance for ADA purposes around the mailbox as may be deemed necessary by the city engineer or designee.

• (Prior code § 7236; Ord. 911 § 2, 1971; Ord. 2088, 11/9/2023)

An encroachment permit shall be issued for a commercial type bin only where the applicant shows that there is no reasonably accessible and alternate on-site location for the bin. No bin shall be placed in a traffic lane or shall be placed so as to obstruct visibility of on-coming traffic. The bin shall be covered except when in use and the trash shall not be higher than the lip of the bin. Bins used in connection with a special event shall not be placed in the public street within one day before or after, nor during, the special event. (Ord. 1456 § 3, 1993)

No hedge, fence or similar structure, except as provided in Section 14.16.440, shall be planted, erected or maintained in a right-of-way without a permit.

No hedge, shrub, or other planting whatever, fence or similar structure, shall be maintained across any existing walkway in a sidewalk area or shoulder. The intent of this restriction is to keep free a walkway for pedestrian or other lawful public travel without interference by or with vehicular travel. No encroachment of any nature shall be permitted or maintained which impedes, obstructs, or denies such pedestrian or other lawful travel within the limits of the rightof-way of a public street or which impairs adequate sight distance for safe pedestrian or vehicular traffic.

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City of Palm Springs, CA § 14.16.420

PALM SPRINGS CODE

§ 14.16.470

(Prior code § 7237; Ord. 911 § 2, 1971)

The permittee, or the owner of the adjacent property, shall maintain the hedges, shrubs, walls, fences or similar structures erected for landscaping purposes in a neat and orderly condition at all times. If the encroachment is not maintained as specified in this chapter, the director may order the permittee or property owner to remove the encroachment and restore the right-of-way to its former condition, at the expense of the permittee or property owner. In addition, any such unlawful condition is hereby declared to be a public nuisance and subject to abatement pursuant to Chapters 11.72 and 11.80 of this code or other applicable provisions of law. (Prior code § 7237.1; Ord. 911 § 2, 1971)

Notwithstanding anything contained herein to the contrary, any person may plant and maintain a lawn of any grass, or type not prohibited by other law, within the right-of-way of a public street without a permit. However, the lawn shall not extend into the traveled way of the public street nor into drainage ditches, gutters or other drainage facilities. The general public may not be denied the use of the planted area for pedestrian or other lawful travel. The city may use the planted area for any purpose whatever, and may issue a permit to any applicant to go thereon to perform work or otherwise encroach pursuant to this chapter. If the lawn is damaged or disturbed in the course of an authorized encroachment, it shall be removed and replaced by the permittee unless the permit specifically states otherwise.

(Prior code § 7237.2; Ord. 911 § 2, 1971)

No person, without first having obtained a permit, shall solicit on a commercial or donation basis, to place, or shall place, or maintain any number, figure, letter, carving, drawing, design, or other marking upon any street, sidewalk, or curb; except that markings for the purpose of identifying survey, utility or construction locations shall not be subject to this section. (Prior code § 7238; Ord. 911 § 2, 1971)

No person shall remove or disturb or cause to be removed or disturbed, any monument of granite, concrete, iron or other lasting material set for the purpose of locating or preserving the lines and/ or elevation of any public street or right-of-way, property subdivision, or a precise survey point or reference point, without first obtaining permission from the director to do so. Replacement of removed or disturbed monument shall be at the expense of the permittee. (Prior code § 7238.1; Ord. 911 § 2, 1971)

• (a) Every person having a franchise, special permit, license or other effective permission to erect, construct, place and maintain utilities or other facilities or equipment within public streets or rights-of-way of the city, shall not by reason of such permission be deemed to be relieved from the requirements and provisions of this chapter.

• (b) Any proposal or application by any person not already having a franchise or other effective

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City of Palm Springs, CA

STREETS AND SIDEWALKS

§ 14.16.470

§ 14.16.510

permission, to place utilities facilities or equipment within public streets or rights-of-way of the city, shall be submitted to the city manager prior to the granting of any encroachment permits pursuant to this chapter. The city manager shall report to the city council the fact of such proposal or application and any pertinent information, regarding the granting of a franchise, license or special permit for the proposed use of the streets or other privilege. If the city council determines to require a franchise, license or special permit as a condition to the use of the streets or other privilege to be granted by the city, the provisions of Section 6000 et seq., or Sections 6201 et seq. of the Public Utilities Code of the state or any other applicable provisions of law shall pertain to such franchise, license or permit. If the city council determines that a franchise, license or special permit is not necessary to provide for the best interests of the city, or that a requirement for such a franchise, license or special permit is precluded by applicable law, the matter shall be referred back to the department of public works for the granting of encroachment permits pursuant to this chapter. No provision of this subsection shall be deemed to relieve an applicant, whether or not a franchise or other privilege is granted, from obtaining any necessary conditional use permit pursuant to the city's zoning ordinance, or from complying with any other applicable regulations and laws.

(Prior code § 7239; Ord. 911 § 2, 1971)

Every public service corporation and corporation providing cable television service, maintaining pipes, conduits or other equipment in the streets of the city shall file with the director during the month of January of each year, maps indicating the size and location of each pipe or conduit owned and maintained by such corporation in the streets of the city. (Prior code § 7240; Ord. 911 § 2, 1971)

After said corporation has in the first instance filed such map, it may thereafter in lieu of filing a new map each year revise the map on file so as to show changes and extensions. (Prior code § 7241; Ord. 911 § 2, 1971)

Each map or set of maps filed pursuant to the provisions of Sections 14.16.480 through 14.16.500 shall show in detail the location of all such pipes, conduits, ducts, tunnels or other equipment or structures abandoned by such corporation subsequent to the filing of the last preceding map or set of maps.

(Prior code § 7242; Ord. 911 § 2, 1971)

Any person aggrieved by the action of any administrative official under this chapter may appeal such decision to the city council in the manner provided in Chapter 2.05 of this code. (Prior code § 7250; Ord. 911 § 2, 1971; Ord. 1226 § 23, 1983)

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City of Palm Springs, CA

STREETS AND SIDEWALKS

§ 14.20.010

§ 14.20.080