Chapter 95 — STREETS AND SIDEWALKS

(A) Obstruction prohibited. It shall be deemed a misdemeanor to obstruct any street or alley within the city by leaving or allowing to remain in such street or alley any wagon, truck, dray, automobile, float or other vehicle, or by placing or allowing to remain in any such street or alley anything of a large or bulky nature which may obstruct the free passage through the street or alley.

(`67 Code, § 7-10-1)

(B) Exception. This shall not apply to cases where lumber or other building material or building appliances are placed in such street or alley for the purpose of erecting, altering or repairing any building or structure located upon adjoining property, provided, however, that in such cases, materials or appliances shall be placed so as to offer the least possible obstruction to the free passage of such street or alley, and provided further that any such material or appliance shall be placed or stored as directed by the Public Works Director.

(C) Block parties.

(1) A block party or similar event is defined for these purposes as a street closure not exceeding one city block on other than arterial or collector streets. The event must be sponsored only by such owners/residents/tenants, and not be for commercial or advertising purpose or profit.

(2) The purpose of this section is to establish appropriate and safe conditions, in which the city will issue residents a permit to close streets for the purpose of a block party.

(3) All street closures within city limits must be approved through the permit process. Applicants must have permits into the Sheriff's Department no later than 20 working days prior to the event. The permit will be issued or denied within five working days of the event. There is a $30 non-refundable application fee that must accompany the application submittal. Applicant must provide Certificate of Insurance with submittal.

(4) Scope: All block party permits must meet the following conditions:

(a) The closure of a street for block parties must pertain only to local residential streets;

(b) The city requires 12 feet of clear and unobstructed access to be maintained for emergency vehicles. During the time of the block party, the street must be blocked off with approved Type II barricades at each end of the street, or in the case of a cul-de-sac, only at the entrance, with the required 12 foot access. The city will not furnish barricades;

(c) The event will only occur between the hours of 9:00 a.m. and 12:00 midnight of the day of the event;

(d) Adult supervision must be provided at all times;

(e) The city will not be held responsible for any injuries, accidents, or liabilities that might occur during the party;

(f) The city's noise ordinance is enforced on a complaint basis. Block party permits provide no waiver to the noise ordinance;

(g) Clean up shall be the responsibility of the applicant. Applicants must provide for the collection and removal of all trash, garbage, and litter caused by or arising out of the event. If city crews are required to provide this service, a $250 charge shall be assessed to the applicant;

(h) Event activities shall not create a public or private nuisance or an undue hazard or disturbance to the public peace, tranquility, health, welfare, safety, or morals, or create an excessive burden on police or fire or other public operations;

(i) A Certificate of Insurance for $1,000,000 that includes an endorsement naming the City of Riverbank, its officers, employees, agents, and volunteers as additional insured is required at the time you submit your application;

• (j) Approval will be subject to all other city ordinances and governmental restrictions. Applicants and all event participants must comply with all other applicable city, county, state, and federal regulations;

• (k) Signatures from 80% of all households within the closure area indicating their consent must be submitted with the application;

• (l) Applications must be submitted at least 20 working days prior to the event;

• (m) Incomplete or improperly completed applications will not be processed;

• (n) Applications will be routed to both the Fire and Public Works Departments for approval;

• (o) You will receive approval/denial notification at least five working days prior to the event. The notice will be your permit;

• (p) You must post the permit in a conspicuous place during the event.

• (`67 Code, § 7-10-2) (Am. Ord. 2004-009, passed 10-25-04)

It shall be unlawful for any person to place in any public street or alley any glass or other sharp substances likely to wound the feet of animals or puncture the tires of any vehicle passing along the same. (`67 Code, § 7-10-4) (Ord. 6, passed 10-2-22)

It is unlawful and constitutes an infraction for any person to:

• (A) Ride or drive a horse or team upon a sidewalk except as may be necessary to enter or leave adjacent property.

(B) Operate, move or park a bicycle upon a sidewalk which has a “no bike” or “no bicycle” notice painted or posted thereon, except to enter or leave adjacent property.

• (Ord. 70-11, passed 8-10-70)

• (C) To ride on a skateboard upon a city walk which has a “No Skateboards” notice painted or posted thereon. (Ord. 77-24, passed 10-25-77)

(D) To deposit or cause to be deposited upon a sidewalk any obstruction, except that paper, garbage, trash and/or rubbish may be deposited at the curb pursuant to Chapter 50 of the City Code after 5:00 p.m. of a day immediately prior to the day scheduled for garbage collection. As used in this division, the term OBSTRUCTION shall mean any object which impedes or interferes with pedestrian traffic. Notwithstanding the provisions of this division (D) to the contrary, the City Clerk may, upon written application therefor, grant permission on a day to day basis to any person to place objects in the nature of obstructions on sidewalks, provided that the objects are not unsightly or dangerous and will provide a service or benefit to the public generally.

(Ord. 86-11, passed 5-12-86)

(`67 Code, § 7-10-5)

NEWS RACK REGULATIONS

For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

NEWS RACK. Any device which contains, holds, carries, or dispenses newspapers or other periodicals or which is designed to contain, hold, carry, or dispense newspapers or other periodicals.

(`67 Code, § 3-12-7) (Ord. 86-13, passed 5-27-86)

(A) No person shall install, use or maintain any news rack which projects onto, into or over any part of the roadway of any public street, or which rests, wholly or in part, upon, along or over any portion of a roadway. (`67 Code, § 3-12-1)

(B) No person shall install, use or maintain any news rack which in whole or in part rests upon, in or over any sidewalk or parkway, when such installation, use or maintenance endangers the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other government use, or when such news rack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, the ingress into or egress from any residence, place of business, or any legally parked or stopped vehicle, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near the location, or when such news rack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery. (`67 Code, § 3-12-2)

Any news rack which in whole or in part rests upon, in or over any sidewalk or parkway, shall comply with the following standards:

(A) No news rack shall exceed five feet in height, 30 inches in width, or two feet in depth.

(B) News racks shall only be placed near a curb or adjacent to the wall of a building. News racks placed near the curb shall be placed no less than 18 inches nor more than 24 inches from the edge of the curb. News racks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six inches from the wall. No news racks shall be placed or maintained on a sidewalk or parkway opposite a news stand or other news rack.

(C) No news rack shall be chained, bolted or otherwise attached to any property not owned by the owner of the news rack or to any permanently fixed object.

(D) News racks may be chained or otherwise attached to one another; however, no more than three news racks may be joined together in this manner, and a space of no less than 18 inches shall separate each group of three racks so attached.

(E) No news rack, or group of attached news racks allowed under division (D) hereof, shall weigh, in the aggregate, in excess of 125 pounds when empty.

• (F) No news rack shall be placed, installed, used or maintained:

• (1) Within three feet of any marked crosswalk.

• (2) Within 15 feet of the curb return of any unmarked crosswalk.

• (3) Within three feet of any fire hydrant, fire call box, police call box or other emergency facility.

• (4) Within three feet of any driveway.

• (5) Within three feet ahead of, and 15 feet to the rear of any sign marking a designated bus stop.

• (6) Within three feet of any bus bench.

• (7) At any location whereby the clear space for the passage way of pedestrians is reduced to less than six feet.

(8) Within three feet of any area improved with lawn, flowers, shrubs or trees or within three feet of any display window of any building abutting the sidewalk or parkway in such manner as to impede or interfere with the reasonable use of such window for display purposes.

(G) No news rack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale, or purchase of the newspaper or news periodically sold therein.

(H) Each news rack shall be maintained in a clean and neat condition and in good repair at all times. (`67 Code, § 3-12-3)

Every person who places or maintains a news rack on the streets of the city shall have his name, address, and telephone number affixed thereto in a place where such information may be easily seen. (`67 Code, § 3-12-4)

Any news rack, as the term is defined herein, installed, used or maintained in violation of any of the provisions of this subchapter may be removed pursuant to the provisions of this section. Prior to the removal, the Director of Public Works shall mail or otherwise deliver to the owner of the news rack a notice setting forth the location of the news rack, describing the violation, and giving the owner not less than five but not more than ten days within which to either correct the violation or request an informal hearing before the City Manager to contest the removal. In the event the owner of the news rack neither corrects the violation nor requests an informal hearing within the time specified in the notice, the Director of Public Works shall immediately thereafter cause the removal of said news rack and shall store it in any convenient place. In the event the owner of the news rack requests a hearing, the City Manager shall hold the hearing within five days after receiving any such request. If the City Manager finds that the news rack described in the notice is not in compliance with the requirements of § 95.22, he may order its immediate removal. The Director of Public Works shall thereafter cause the removal of the news rack and shall store it in any convenient place. Within five days after making any removal authorized by this section, the Director of Public Works shall take reasonable steps to notify the owner of the news rack of the fact of its removal, the place of its storage, and of the fact that unless the rack is claimed within 45 days, and the costs of the pickup as fixed by the Director of Public Works paid, that the rack will be deemed abandoned and will be destroyed. Upon failure of the owner to claim such news rack and pay such costs as fixed by the Director of Public Works within 45 days after such notice has been sent to the owner, such news rack shall be deemed to have been abandoned by the owner, and to be abandoned property, and the news rack and its contents, except the money, shall be destroyed by representatives of the Director of Public Works. Any money contained in any news rack so destroyed shall be held in the official custody of the Finance Director of the City for a period of three years and handled pursuant to Cal. Gov't Code §§ 50050 et seq . (`67 Code, § 3-12-5)

In the case of violations of this subchapter relative to restrictions upon attachments of news racks to property other than that owned by the owner of the news rack, to fixed objects or each other, and upon location of news racks, the Director of Public Works, or his authorized representatives, may, as an alternative to the removal procedures set forth in § 95.24, remove such attachment and/or move such rack or racks in order to restore them to a legal condition. (`67 Code, § 3-12-6)

ENCROACHMENT PERMITS

The purpose of this subchapter is to define, specify, regulate, and control the design and improvement of public works facilities, both on and off site, and other construction requirements imposed as conditions of acceptance, or the approval or conditional approval of land development by use permit or building permit, or other public works permits, and all other procedures and processes wherein public or private improvements, construction, and improvement or construction plans are required as a condition prior to city approval. The requirements to construct these improvements may be deferred as described in § 150.56 of this Code of Ordinances.

(Ord. 2008-002, passed 3-10-08)

For the purpose of this subchapter, the following words shall have the meanings set forth in this section: ENCROACHMENT. Any type of construction or work or the placing of any object or thing, whether permanent or temporary, within a public right-of-way.

PERSON. Any individual, firm, co-partnership, association, corporation, public district, or other political subdivision.

PUBLIC STREET. Any public right-of-way, highway, street, sidewalk, easement, or other area or thoroughfare, whether improved or unimproved, which is owned by or under the control of the city. (Ord. 2008-002, passed 3-10-08)

It is unlawful for any person to perform any type of construction, or to place an encroachment of any kind within the public street right-of-way without first having obtained an encroachment permit to do so from the Public Works Director.

(Ord. 2008-002, passed 3-10-08) Penalty, see § 95.99

Any person desiring to perform construction of any kind or nature across or along any public street shall make application to the Public Works Director for a permit therefore. Every applicant shall comply with the Encroachment Permit Administrative Procedures, which can be obtained from the Department of Public Works. (Ord. 2008-002, passed 3-10-08)

Permits required by this subchapter shall be secured at least five working days prior to the time the work under such permit is proposed; except, where an emergency street cut is to be performed, the applicant shall immediately give prior notice thereof to the city Police Services Department and Stanislaus Consolidated Fire Protection District, and shall secure or make a reasonable effort to secure the consent to perform such work from the Public Works Director. (Ord. 2008-002, passed 3-10-08) Penalty, see § 95.99

Any act done under the authority of a written permit issued pursuant to § 95.37 shall be done in accordance with the applicable provisions of this subchapter and the terms and conditions of such permit. (Ord. 2008-002, passed 3-10-08)

Any person may excavate within a public street right-of-way for the purpose of making repairs in cases of emergency requiring immediate action. In such cases, the Public Works Director shall be promptly notified of any such action, and such person at his own expense shall immediately replace such public street right-of-way in a condition equal or better to that existing before excavation. Such restoration shall be in accordance with standards established by the Public Works Director.

(Ord. 2008-002, passed 3-10-08)

The Public Works Director may grant written permission to close or cause to be closed for limited periods of time any city streets, alleys, driveways, or areas not under control of the State Department of Transportation, if in the opinion of the Public Works Director, the public interest can best be served thereby. (Ord. 2008-002, passed 3-10-08)

Curbs, gutters, sidewalks, sewers, drains, structures, conduits, cables, and all other improvements damaged, disturbed, or removed during the progress of the work shall be restored or replaced to as good or better condition than existed prior to work performed by permittee in accordance with the standard specifications of the city and to the satisfaction of the Public Works Director.

(Ord. 2008-002, passed 3-10-08) Penalty, see § 95.99

Any monument of 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 point or reference point shall not be removed or disturbed, without first obtaining written permission from the Public Works Director to do so. Replacement of removed or disturbed monuments will be at the expense of the permittee.

(Ord. 2008-002, passed 3-10-08) Penalty, see § 95.99

The Public Works Director or his or her authorized representative shall inspect and approve for city acceptance any work completed under the permits issued under provisions of this subchapter. (Ord. 2008-002, passed 3-10-08)

(A) Any person working within the city right-of-way must obtain an encroachment permit from the Development Services Department.

(B) A fee shall be charged for each permit issued pursuant to this subchapter. The fee shall be paid prior to the issuance of any permit. The fee for the permit shall be established by the City Council via resolution, and can be amended from time to time.

(Ord. 2008-002, passed 3-10-08; Am. Ord. 2014-015, passed 12-9-14)

Each applicant for an encroachment permit shall be required to deposit a security with the city, in the form of a security bond, cash deposit, savings and loan certificate, or letter of credit in an amount determined by the Public Works Director to be 100% of the estimated cost of the work to be performed under the encroachment permit. The security shall guarantee:

(A) The faithful performance of all terms and conditions of the permit; and

(B) That for a period of one year after completion the public street shall be free from defect.

(Ord. 2008-002, passed 3-10-08) Penalty, see § 95.99

(A) In addition to the requirements provided in §§ 95.38 and 95.42, and before issuance of a permit under the provisions of this subchapter, the Public Works Director shall require each applicant to file with the city, certificates of insurance and endorsement provided by the Public Works Director, evidencing possession of general liability, automobile, and worker's compensation insurance coverage in the minimum amounts of $1,000,000 each occurrence on account of bodily injuries, including death, or on account of property damage, to cover the liability of the permittee for property damage and injury to persons in connection with the work sought to be done under the permit, except that an applicant seeking to work behind the public street curb adjacent to premises containing only one single-family dwelling which is owned and occupied or will be occupied upon completion of construction by the applicant shall be required to be filed with city, certificates of insurance and endorsements evidencing possession of general liability and property damage coverage in the minimum amount of $100,000 per occurrence on account of bodily injuries including death, or on account of property damage and injuries to persons in connection with work sought to be done on the permit.

(B) The certificates of insurance and endorsements shall be in a form approved and provided by the Public Works Director and shall provide 30-days advance notice to the city of its cancellation or expirations and shall further evidence that the applicant has, except as to the worker's compensation insurance coverage, the City of Riverbank, its officers, agents, and employees are named as additional insured on the applicant's policies of insurance. (Ord. 2008-002, passed 3-10-08)

(A) The permittee specifically obligates himself and agrees to protect, hold free and harmless, defend and indemnify the city, its officers, employees, and agents from any and all liability, penalties, costs, losses, damages, expense, causes of action, claims or judgments, including attorney's fees, which arise out of or are in any way connected with the permittee's, his contractor's or his subcontractor's or supplier's performance of work under the permit

(B) In any and all claims against the city, its officers, employees, and agents by any employee of the permittee, his contractor, any subcontractor, anyone directly or indirectly employed by any one of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this subchapter shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the contractor or any subcontractor under worker's compensation statutes, disability benefit statutes, or other employee benefit statutes. (Ord. 2008-002, passed 3-10-08)

Except as otherwise provided in this subchapter, the requirements of §§ 95.43 and 95.44 shall not be required of any public corporation, public utility corporations, or political subdivision which is authorized by law to establish or maintain any works or facilities in, under, or over any public street, nor shall the application of any permittee of the class specified in this section be denied. Each applicant is entitled to a permit, but is otherwise subject to the provisions of this subchapter and to all conditions and provisions made by the Public Works Director in any such permit.

(Ord. 2008-002, passed 3-10-08)

(A) It shall be the duty of the Public Works Director and other authorized employees of the city, to enforce the provisions of this subchapter. The lack of enforcement by the Public Works Director, or any authorized assistants of any official, or employee of the city vested with the duty or authority to issue permits, shall not legalize, authorize, waive, or excuse the violation of any provision of this subchapter.

(B) In the administration and enforcement of this subchapter, any duly authorized official or employee of the city shall have the authority to enter upon the premises for the purpose of investigation and inspection. No person shall refuse to permit such inspection.

(Ord. 2008-002, passed 3-10-08)

No encroachment permit shall be issued to any person, for the purposes of installation in the public right-of-way, any communication, electric, heat, gas, or transportation service whatsoever or for whatever purpose, unless that person shall have first obtained a franchise to maintain such service from the city.

(Ord. 2008-002, passed 3-10-08)

The Public Works Director, and/or Chief of Police (or their designees) are authorized to remove or cure illegal encroachments in the public street right-of-way in accordance with this section.

(A) Notice. Where possible notice to remove or cure illegal encroachments shall be given to the owner or other responsible person allowing a reasonable time for such person to remove the encroachment.

(B) Removal by city. Where notice is not possible because the owner is unknown or unavailable, or where the owner or other responsible person fails to remove or cure the encroachment after notice, the encroachment shall be removed or cured by the city. If reasonably possible, any object or thing removed from the public street right-of-way pursuant to this section because it was encroaching shall be held for three days to allow the owner to claim it. If the owner fails to claim it, or if it is not reasonably possible to store it, the object or thing shall be disposed of.

(C) Costs. The actual cost of cure of or removal, storage, and disposal of encroachments shall be charged against the owner of the encroachment or the person causing such encroachment. No object or thing removed because it was encroaching shall be released pursuant to this section except upon payment of such cost. (Ord. 2008-002, passed 3-10-08)

(A) Completion.

(1) The applicant shall complete required improvements before final building inspection or the issuance of an occupancy permit.

(2) If the applicant fails to complete the required improvements within the specified time, the Public Works Director may, at his or her option, cause the uncompleted improvements to be completed and the parties executing the performance security shall be firmly bound for the payment of all necessary costs.

(B) Extensions.

(1) The Public Works Director may extend the completion date upon written request by the applicant and the submittal of adequate evidence to justify the extension. The request shall be made at least 30 days before the expiration of the building permit or encroachment permit.

(2) The developer shall pay the costs incurred by the city in processing the extension request and extension agreement.

(Ord. 2008-002, passed 3-10-08)

When the developer has completed all improvements, corrected all deficiencies, and submitted record drawings of the improvements, the city shall consider the improvements for acceptance.

(Ord. 2008-002, passed 3-10-08)

Any person who violates any provision of §§ 95.35 through 95.55 shall be guilty of an infraction and shall be punishable in accordance with this Code.

(Ord. 2008-002, passed 3-10-08)