Thousand Oaks Municipal Code Art. 2 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.

“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.

(§ 11009, T.O.O.C., as added by Ord. 50)

“City Engineer” shall mean the City Engineer of the City who shall be charged with the responsibilities of City Road Commissioner and City Surveyor.

(§ 11006, T.O.O.C., as added by Ord. 50)

“Encroach” and “encroachment” shall mean going upon, over, under, within, or using or doing work upon any right-of-way so as to prevent, obstruct, or interfere with the normal use of the right-of-way. “Encroach” and “encroachment” shall include the performance on a right-of-way of any of the following acts:

(a) Excavating or placing embankments or stockpiling any material within a right-of-way;

(b) Placing or leaving any rubbish, brush, earth, or other material of any nature whatever on a right-of-way;

(c) Constructing, placing, or maintaining any pathway, sidewalk, curb, gutter, driveway, surfacing, culvert, drainage facility, pipe, conduit, or cable on, over, under, or within a right-of-way;

(d) Erecting or maintaining any post, sign, banner, pole, fence, guard rail, wall, loading platform, or any other structure on, over, under, or within a right-of-way;

(e) Planting or removing any tree, shrub, grass, or growing thing within a right-of-way;

(f) Taking, placing, moving, or using on a right-of-way any vehicle, or combination of vehicles, or other object of a dimension, weight, or other characteristic prohibited by the Vehicle Code of the State;

(g) Lighting or building a fire for the purpose of the disposal of weeds, brush, or debris on a right-of-way;

(h) Using a right-of-way for commercial motion or still picture photography;

(i) Locating, drilling, or plugging test holes for seismological exploration or any other similar purpose within a right-of-way; and

(j) Conducting land surveying operations or making traffic counts in such a way that it is necessary to excavate within a right-of-way or in any way interfere with the normal flow of traffic on a public highway.

(§ 11004, T.O.O.C., as added by Ord. 50)

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

(§ 11005, T.O.O.C., as added by Ord. 50; § 2, Ord. 1637-NS, eff. January 12, 2018)

“Permittee” shall mean any person who proposes to encroach upon a right-of-way and has been issued a permit for the proposed encroachment by the City Engineer pursuant to the provisions of this chapter.

(§ 11008, T.O.O.C., as added by Ord. 50)

“Public highway” shall mean the part of a right-of-way which is improved for use as a City road, street, way, lane, or alley, including shoulders.

(§ 11003, T.O.O.C., as added by Ord. 50)

“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.

(§ 11002, T.O.O.C., as added by Ord. 50)