San Leandro Municipal Code Art. 6 Miscellaneous

(Legislative History: Ordinance No. 84-02, 1/16/84; Ordinance No. 2011-014, 12/5/11 (Sections 5-1-645, 5-1-650); Ordinance No. 2017-008, 5/1/17 (Sections 5-1-650, 5-1-655))

Any permit issued hereunder may be revoked by the Public Works Director for violation of the provisions of this Chapter or if the permitted activity poses an imminent threat to the public health, safety or welfare.

An applicant or permittee may appeal the decision of the Public Works Director concerning the denial or revocation of a permit to the City Manager pursuant to the provisions of Title I, Chapter 9. The City Manager may deny the appeal or grant the appeal with terms and conditions necessary to protect the public health and safety.

All permittees and other persons maintaining permanent facilities within a street shall keep up-to-date records of the location and description of all such facilities, which records shall be furnished to the Public Works Director upon request. As used herein, "facilities" shall include, but shall not be limited to, underground pipes, wires and tanks.

All mail boxes shall be placed in accordance with the rules and regulations of the United States Post Office Department, but no box shall be so placed within the street as to endanger the life or safety of the traveling public.

It shall be unlawful for any person, without first obtaining a permit under this Chapter, to solicit on a commercial or donation basis, to place or maintain any number, figure, letter, carving, drawing, design, or other marking upon any street; except that markings for the purpose of identifying survey, utility or construction locations shall not be subject to this Chapter. A permit for placing or maintaining numbers, figures, letters, carvings, drawings, designs or other markings under this Chapter may be issued only to non-profit organizations which have their principal and permitted meeting place within the City limits and have been organized and established within the City for a minimum of one year continuously preceding application for a permit.

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 street, property subdivision, or a precise survey point or reference point shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission from the Public Works Director to do so. Replacement of removed or disturbed monuments will be at the expense of the permittee.

(a) No hedge, shrub, or other planting whatever, fence or similar structure shall be planted, erected or maintained in a street without a permit. No encroachment of any nature will be permitted or maintained which impedes, obstructs, or denies such pedestrian or other lawful travel, or which impairs adequate sight distance for safe pedestrian or vehicular traffic.

(b) Maintenance. The permittee or property owner shall maintain all hedges, shrubs, walls, fences or similar structures erected for landscaping purposes in a neat and orderly condition; if such structures are not so maintained, the Public Works Director may direct that permittee or property owner to remove the same and restore the street to its former condition, at the expense of the permittee or property owner.

(c) Lawns. Any person otherwise entitled to may maintain a lawn of any grass, or type not prohibited by other law, within the street without a permit. The lawn shall not extend into the roadway or walkway nor into the drainage ditches, gutter or other drainage facilities.

No person shall store any item of business inventory, including vehicles, upon any street or sidewalk.

The provisions of this Chapter shall not be construed to impair or prohibit the use of streets for those activities described in Chapter 20 of Title IV of this Code, relating to parades and assemblies, or to the exercise of any right or franchise guaranteed by the general laws and constitution.

Bicycle racks shall not be placed in the City-owned right-of-way without permission from the Public Works Director or designee. Permitted bicycle racks shall be installed following the regulations specified in Title 8 Chapter 12 of the San Leandro Administrative Code.

Parklets shall be temporary spaces in the public right-of-way for the use of the general public that are privately constructed and maintained according to permits issued by the City that in addition to such requirements of the San Leandro Municipal Code also shall meet the requirements in Title 8, Chapter 13 of the San Leandro Administrative Code.

(a) Parklets shall remain publicly accessible with signage to this effect.

(b) Table service is not permitted and neither alcohol nor smoking are allowed at a parklet.

(c) Commercial signage and advertising are not permitted on parklets.

The Public Works Director is designated as the enforcement authority for purposes of enforcing the provisions of this Chapter.