Petaluma Municipal Code Ch. 13.04 Obstruction to Public WAYS1

1 Editor’s Note: For statutory provisions authorizing cities to prohibit and prevent obstructions in or to

sidewalks, streets, etc., see Gov. Code §38775.

It is unlawful for any person to erect or maintain any barbed wire fence along any public street in the city. (Ord. 20

CS § 1; prior code §16.1.)

It is unlawful for any person having the control, possession or ownership of any lot or block of land within the

limits of the city to permit or allow the sidewalk in front of the lot or block of land to become obstructed by weeds,

grass or other vegetable growth in such a manner as to deface the sidewalk, thereby impeding travel or menacing

the public safety in the matter of Lre. (Ord. 22 CS §§1, 2; prior code §16.6.)

No person shall pile, deposit or place, or cause or permit to be deposited, piled or placed, any rubbish, wood,

merchandise, dirt or any impediment or obstruction of any kind upon or over any sidewalk, nor so occupy or

obstruct any sidewalk so as to interfere with the convenient use of the same by all passengers unless and until an

encroachment permit therefor has been obtained pursuant to this chapter. (Ord. 1209 NCS §1, 1976; Ord. 46 CS

§11; prior code §21.1.)

No person shall place, erect or maintain any business stand, advertising boards or other obstructions on any

portion of any street or sidewalk of the city except that and notwithstanding any other provisions of this code, the

city council may by resolution provide special permission for limited sidewalk sales by the retail merchants of this

city and such sidewalk sales shall be part of a citywide retail promotional merchandising eOort. Prior to the holding

of any such sidewalk sales, permission for same must be requested of the city council, in writing, by the chamber

of commerce or other organization of this city representing the merchants of this city, setting forth therein the

date requested and such other matter as the council may from time to time require. (Ord. 1500 NCS §1, 1982; Ord.

669 NCS §1; Ord. 46 CS §3; prior code §21.2.)

No person shall place any crates, cases, barrels, boxes, goods, wares or merchandise on the sidewalk or public

street, nor suOer anything to remain thereon in front of the premises occupied by him, which will in any manner

restrict public use thereof; provided, however, that as to the sidewalk, this restriction shall not apply to goods,

wares or merchandise in the actual course of receipt or delivery into or from any place of business, if a space of

not less than six feet in width of the sidewalk be left free for public travel at all times; and provided further, that

such goods, wares or merchandise be removed from the sidewalk without delay, and in any event, not exceeding

two hours from the time of placing or depositing the same thereon. (Ord. 187 NCS §1; Ord. 46 CS §1; prior code

§21.3.)

No person shall construct or maintain any structure, building, step, stairway, post, railing or other obstruction in

the public sidewalk which shall in any manner restrict or interfere with the public use and passage over the public

sidewalk throughout the full width thereof without Lrst obtaining an encroachment permit pursuant to this

chapter. (Ord. 1209 NCS §2, 1976; Ord. 1200 NCS §1, 1975; Ord. 187 NCS §1; prior code §21.4.)

Subject to the general regulations contained in Section 13.04.120 revocable permits may be granted for

commercial encroachments in accordance with the following criteria and procedures.

A. Use. Commercial encroachments shall be restricted to:

1. Landscaping in containers.

2. Outdoor seating area.

3. Approved street furniture.

4. Bike racks.

B. Location:

1. Encroachments shall be permitted only on public property in industrial or commercially zoned areas of

the city or in commercial, industrial or mixed use PUD’s (Planned Unit Districts) or PCD’s (Planned Community

Districts).

C. Clearance:

1. No commercial encroachment shall be located in a manner that:

a. Impedes access to any inspection, maintenance or operation devices or controls; or

b. Blocks curb side access to a loading zone, as deLned in Section 11.48.010; or

c. Impedes pedestrian access from curb side of vehicles to the adjacent sidewalk; or

d. Poses a public safety hazard; or

e. Negatively obstructs the site distance for vehicular or pedestrian traNc; or

f. Interferes with the access to any door, window, stair, Lre escape or Lre hydrant; or

g. Interferes, impedes or restricts handicap access.

2. No commercial encroachment shall be permitted:

a. Without a minimum sidewalk passage of four feet in width, measured between Lxed objects (such

as building walls and utility poles), planter wells and/or curbs or objects described in Section 13.04.065,

left free for public travel at all times;

b. On a public sidewalk within a distance of twenty feet from corner curb lines;

c. Without a minimum vertical clearance of 7.5 feet, measured vertically from a public sidewalk.

D. Permit Application. Application for a commercial encroachment permit shall be made per provisions outlined

in Section 13.04.120 and Lled with the director of public works or designee, by the owner or lessee, with the

consent of the owner, of the property which fronts on the public property in question. Such application shall

contain all information necessary for a determination on the application including, but not limited to:

1. A statement of intended use, a plan/map showing location and clearance distances and a drawing or

picture of the proposed encroachment, showing design, dimensions and color;

2. A fee, as set forth in the municipal fee schedule;

3. A certiLcate of insurance in an amount and form satisfactory to the city risk manager and a hold

harmless and indemnity agreement in favor of the city;

4. A maintenance program description.

E. Review and Action on Application. A complete application for a commercial encroachment permit shall be

reviewed by city staO for a determination as to whether such application complies with the regulations contained

in this chapter. Such review shall include a referral to the planning department for design review and approval.

The design of the commercial encroachment shall be evaluated as to whether it is reasonably compatible in scale,

design and color with the character of adjacent and nearby building facades and public spaces. The director of

public works, or designee, shall grant or deny the application. The permit premises shall be subject to a

compliance review every six months.

F. Conditions. Conditions of approval may be imposed on commercial encroachment permits where they are

required for the maintenance of the public health, safety and welfare.

G. Revocation of Permit. The director of public works, or designee, may revoke a commercial encroachment

permit if he/she determines that conditions of the permit or any provision of this chapter are being violated, or if

municipal use of the area is required. In the case of a revocation, the permittee shall be notiLed.

In the event of a denial or revocation of an encroachment permit by the public works director, the applicant(s) may

appeal in writing to the city council. The appeal must be Lled within fourteen days of the decision of the city. The

city council shall hold a hearing at their next available meeting; provided such meeting is at least ten days from the

receipt of such written appeal. The public works and/or planning directors shall appear at the hearing and render

their report to the city council. At the conclusion of the hearing or any continuance thereof, the city council may aNrm the action of the city staO, reverse the action of city staO or take such other action as the city council deems

appropriate.

H. Penalty and Citation. Any person, Lrm or corporation violating any provision of this chapter is guilty of a

misdemeanor and, upon conviction thereof, shall be punishable as provided by law.

(Ord. 1883 NCS §1, 1992.)

No person shall construct or maintain any basement, entrance or other opening in a through the public sidewalk,

except that such entrance or opening be provided with substantial metal trapdoors, which when closed shall be

Mushed with the sidewalk, and which shall be kept closed at all times, except during the reception or delivery of

goods, wares or merchandise. ENcient safeguards must be provided for the safety of the public during the time

the cellar doors shall be open for the reception or delivery of goods, wares or merchandise. (Ord. 187 NCS §1;

prior code §21.5.)

No person shall construct or maintain any light well in the public sidewalk; provided, that such light well be

covered, Mushed with the sidewalk with thick glass or other transparent material so as to permit free and

uninterrupted passage over the light well; and provided further, that such light well covering shall be subject to the

supervision of the director of public works. (Ord. 187 NCS §1; prior code §21.6.)

Whenever any street, or portion of street, in the city is being improved, and the sign "Street Closed" is placed on

the street, or portion of street, it is unlawful for any person to drive or lead any beast of burden, or propel any

vehicle over or across the street or portion of the street; provided, however, that the provision of this section shall

not apply to the contractor, or his employees, actually engaged in the work of the improvements. (Ord. 46 CS §18;

prior code §21.16.)

No person shall encroach on, in, over or under any real property, including alleys, sidewalks and easements,

owned or controlled by the city, by any structure or object or any kind of character, temporary or permanent in

nature, and whether such encroachment is real, personal or mixed property. (Ord. 1209 NCS §3, 1976.)

No owner or other person in lawful possession of abutting real property served thereby shall permit or allow the

continued presence of any driveway, curb cut, or access way otherwise permitted, if in a commercial area the

same has not been regularly used for the purpose for a period in excess of one year, or in all areas if a new use

requiring site plan approval is instituted and such access is not shown on the approved site plan, but said owner

shall cause such use to be reconstructed to conform to the adjacent street improvements. (Ord. 1366 NCS §1,

1979.)

Sections 13.04.100 and 13.04.150 shall not apply to those encroachments which:

A. Are the recognized legally created or legally necessary means of access from the aOected parcel of real

property to a public street; or,

B. Are authorized by written agreement made by and between the city and an owner of real property as an

incident to the purchase or acquisition of such real property by the city; or

C. Are authorized by a valid, uncancelled permit granted as provided in this chapter, or

D. Are authorized by a development approval granted by the city pursuant to the zoning ordinance or

subdivision ordinance as codiLed in Title 20, or other ordinance of the city.

Any person who is maintaining any encroachment as deLned in Sections 13.04.100, 13.04.105 and 13.04.030 on

the eOective date of this section or Section 13.04.100, or 13.04.105 without speciLc approval as provided in this

section shall apply for an encroachment permit therefor within ninety days of said eOective dates; provided, that

no permit fee shall be levied if application is made within that time. Such person shall be subject to all the

obligations and requirements of any other permittee under this chapter; provided, however, that the

superintendent of streets may, in his sound discretion, provide for a period greater than thirty days should

abatement of any existing encroachment be necessary, regardless of the provisions of Section 13.04.150.

(Ord. 1366 NCS §2, 1979; Ord. 1209 NCS §3, 1976.)

A. Application for a permit to encroach on city-owned or controlled property shall be made by and in the name

of the owner or of a person lawfully entitled to use the real property in connection with which the permit is sought

to be obtained and shall be acknowledged by the applicant.

B. The application shall set forth the name and address of the applicant, the nature and description of the

proposed encroachment, the location and description of the city-owned or controlled property proposed to be encroached upon, the nature of the applicant’s interest in and the location and legal description of the property in

connection with which the permit is sought to be obtained, the reasons for the application, such other

information, including plats, as may be required by the superintendent of streets, and the following provision: "I/

We understand and agree: that any permit issued hereon shall be issued pursuant and subject to the provisions of

Chapter 13.04 of the Petaluma Municipal Code, that such permit may be cancelled by the City of Petaluma, acting

by and through its Superintendent of Streets, at any time, and that the encroachment must be removed within

thirty (30) days after written notice; that no right, title or interest in any property owned by the City of Petaluma

shall vest or accrue to me/us by reason of the issuance of such permit or exercise of the privileges given thereby;

that I/we will not suOer or permit any dangerous or defective condition of property to exist in connection with

exercise of the privilege; and that I/we assume and will pay for all injuries and damage to persons or property

arising from or in connection with the exercise of the privilege."

C. The application shall be Lled in duplicate with superintendent of streets and referred to the planning

department and building department for recommendation. After such reference, the superintendent of streets is

empowered, in the exercise of his discretion, to deny or withhold approval of a permit applied for if in his sound

judgment exercise of the proposed permit would cause public property to be or become in a dangerous or

defective condition or unreasonably endanger or interfere with public health, safety or convenience. The

superintendent of streets may approve the application either as submitted or subject to such terms and

conditions as he shall consider necessary for the safeguarding of life and property.

D. However, no application shall be approved for canopies, fences or railings required by Section 4406 of the

Uniform Building Code to protect pedestrians while construction is in progress unless the building department has

issued a building permit for the construction thereof.

(Ord. 1209 NCS §3, 1976.)

granted—Cancellation and expiration.

If approved, the superintendent of streets shall collect a fee as established by resolution of the city council for

handling and recording the application, and shall issue an encroachment permit. Applications and permits for

canopies, fences and railings required by Section 4406 of the Uniform Building Code need not be recorded.

However, all other applications and permits shall be referred to the city clerk for recording in the oNce of the

county recorder. The city clerk shall keep a permanent Lle of all permits recorded. Each permit shall be construed

as authorizing merely the temporary privilege to encroach to the extent permitted and subject to the conditions

therein stated. No permit shall be deemed to transfer any right, title or interest of the city. The city may cancel a

permit at any time and thereby terminate encroachment privileges. Permits for canopies, fences and railings

required by Section 4406 of the Uniform Building Code shall automatically expire when the construction permit

expires or is cancelled. (Ord. 1904 NCS, 1992; Ord. 1209 NCS §3, 1976.)

liability by permittee.

By acceptance of performance of the privileges or any part thereof under such permit, the permittee or his heirs,

successors or assigns shall not allow, by commission or omission, any dangerous or defective condition to exist at

any time in, on, under or across the part of such easement or property or sidewalk covered by the permit and

shall assume and pay for all injuries or damage caused to any person thereby. (Ord. 1209 NCS §3, 1976.)

Encroachments permitted under this chapter shall be removed immediately after cancellation or expiration of the

permit. Any encroachment not removed is declared to be a nuisance. Failure, neglect or refusal to remove any

unauthorized encroachment within thirty days after notice by the city shall constitute an infraction punishable by a

Lne as set forth in California Government Code Section 36900, and as a cumulative remedy the city may remove

such encroachment and collect the entire cost and expense thereof from the person responsible therefor, or by

appropriate action in court may compel removal or abatement of the encroachment and such reasonable attorney

fees as may be Lxed by the court. (Ord. 1209 NCS §3, 1976.)

Any applicant may appeal any decision or determination of the superintendent of streets to the city council. Such

appeal shall be made in writing not later than ten days from the date of such decision or determination shall be

Lled with the city clerk. The city clerk shall set a date for hearing at a regular or special meeting of the city council

not more than thirty days from the date of the Lling of the appeal. The hearing before the city council shall be

informal and technical rules of evidence shall not apply. At the conclusion of such hearing the city council shall

aNrm, modify and aNrm, or revise the determination or decision of the superintendent of streets. The decision of

the city council shall be Lnal and binding on all parties and shall be adopted by resolution. (Ord. 1209 NCS §3,

1976.)