Simi Valley Municipal Code Art. 1 Definitions

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined in this article.

"Actual cost" shall mean the amount determined by applying the provisions of the resolution relating to encroachment fees adopted by the Council.

(§ 12127, S.V.M.C.)

"Applicant" shall mean any person who proposes to encroach upon a right-of-way and has applied for a permit for the proposed encroachment pursuant to the provisions of this chapter.

(§ 12119, S.V.M.C.)

"Base course" shall mean that portion of the street structural section located between the pavement and the native soil.

(§ 12121, S.V.M.C.)

"Driveway" shall mean that portion of the street right-of-way between the property line and the curb, or between the property line and the pavement if no curb exists, where vehicles enter or leave the highway onto adjacent property.

(§ 12116, S.V.M.C.)

"Encroachment" shall mean and include any obstruction, tower, pole, pole line, pipe, fence, wire, cable, conduit, stand, or building, or any structure or object of any kind or character not particularly mentioned in this chapter, which obstruction, building, or object is placed on, in, along, under, over, or across the street. The provisions of this section shall not apply to the temporary use of the street for the ordinary maintenance of any existing authorized or permitted encroachment, nor to the suspension or stringing on existing pole lines of additional cables, wires, transmission lines, conduits, or service connections solely for telephone or electric power purposes.

(§ 12111, S.V.M.C.)

"Encroachment work" shall mean the work of constructing, placing, or installing an encroachment in a right-of-way.

(§ 12105, S.V.M.C.)

"Height" shall mean that dimension measured from the level surface upon which the vehicle stands to the highest protrusion in a vertical line.

(§ 12114, S.V.M.C.)

"Load" shall mean any object or thing which, when transported by a vehicle, or combination of vehicles, over, upon, along, or across any street, would be required to have a special permit in accordance with the provisions of the Vehicle Code of the State and shall include, but not be limited to, any house, vessel, machine, missile, equipment, transformer, tree, girder, boat, or airplane.

(§ 12115, S.V.M.C.)

"Moving contractor" shall mean any person who, for himself or for another, moves or causes to be moved any load over, upon, along, or across any street.

(§ 12124, S.V.M.C.)

"Native soil" shall mean the compacted native material.

(§ 12122, S.V.M.C.)

"Overhead structure" shall mean any structure, other than a franchise utility pole and its facilities, extending over the dedicated portion of a street, including a canopy, but excluding such projections from buildings as are enumerated in the Uniform Building Code.

(§ 12147, S.V.M.C.)

"Pavement" shall mean the surfaced portion of the street structural section which pavement is composed of various size aggregates mixed with portland cement and/or asphaltic compounds.

(§ 12120, S.V.M.C.)

"Permittee" shall mean any person who proposes to encroach upon a right-of-way and who has been issued a permit for the proposed encroachment by the Director of Public Services pursuant to the provisions of this chapter.

(§ 12118, S.V.M.C.)

"Person" shall mean and include any individual, firm, copartnership, joint venture, association, corporation, estate, trust, business trust, district, and county, and all departments and bureaus thereof.

(§ 12117, S.V.M.C.)

"Public" shall mean any person defined in Section 7-1.115 of this article and shall include the United States and the State.

(§ 12123, S.V.M.C.)

"Right-of-way" shall mean any land, or interest therein, which, by deed, conveyance, agreement, dedication, usage, or other process of law, has been reserved for or dedicated to the City for the use of the general public for public road purposes.

(§ 12110, S.V.M.C.)

"Street" shall mean any public highway, public street, public way, or public place in the City, either owned by the City or dedicated to the public for the purpose of travel. "Street" shall include all or any part of the entire width of right-of-way, and above and below the same, whether or not such entire area is actually used for street purposes.

(§ 12109, S.V.M.C.)

"Vehicle" shall mean a vehicle, or combination of vehicles, as described in the Vehicle Code of the State which vehicle:

(a) Whether laden or unladen, is required by said Vehicle Code to have a special permit to be on any street; or

(b) Is so laden that it is required to have such special permit.

(§ 12125, S.V.M.C.)

"Vehicle Code" shall mean the provisions of the Vehicle Code of the State in effect at the time of the issuance of the permit.

(§ 12126, S.V.M.C.)

"Width" shall mean that dimension measured at right angles to the anterior-posterior axis of the conveyance upon which the load, or portion thereof, is, or is to be, loaded or moved, or to the median line of the street over which the load is being, or is to be, moved.

(§ 12113, S.V.M.C.)