Trinity County Municipal Code Ch. 12.04 Encroachments

It is unlawful for any person, firm, corporation or association to tear up, loosen or remove any portion of the surface of any highway, either by the operation of any mobile equipment, or in any other manner; or, to place or maintain any encroachment to, in and/or upon any highway, including but not restricted to any access roads to such highway or county road, or to excavate, trench or dig in any highway, land, alley, sidewalk, court or any other public place without first submitting a plan to the county road department showing the exact location of the use, encroachment and/or work to be done, and securing from the road department a permit therefor.

(Ord. 246 §1(part), 1959: Ord. 238 §1(part), 1958)

The term of the permit shall provide that the county highway, or other public places, shall be left in as good condition as it or they were before the encroachment, use, and/or access or any other work was performed, and that the provisions of this chapter will be complied with. All work to be done under terms of the permit shall be performed to the satisfaction of the road commissioner.

(Ord. 246 §1(part), 1959: Ord. 238 §1(part), 1958)

Before granting a permit under the provisions of this chapter, the road department may require the applicant to make a cash deposit with the county treasurer or file a satisfactory bond in such amount as the road department deems sufficient, conditioned on the proper compliance by the permittee with the provisions of this chapter and the agreement of uses as set forth in the permit. A cash deposit or surety bond will not be required of any public utility or any county, city or political subdivision which is authorized by law to establish or maintain any works or facilities in, under or over any public street, highway or right-of-way.

(Ord. 246 §1(part), 1959: Ord. 238 §1(part), 1958)

The road commissioner, after an examination of the plans submitted and the examination of the site, shall determine whether a permit is necessary for minor public utility service installations, or minor maintenance work in connection therewith, when such is done prior to the installation of road surfacing and in connection with such minor installations and/or minor maintenance work, the county highway or other public place shall be left in as good condition as it or they were before the work was performed; and further provided, that no permit shall be required before commencing of emergency work but application shall be made on the following working day.

(Ord. 246 §2, 1959: Ord. 238 §2, 1958)

A. No tire or track on any vehicle, trailer or tractor which is driven, propelled or moved upon any county highway shall have on its periphery any block, stud, flange, cleat, ridge, bead, or any other protuberance of metal or wood which projects beyond the traction surface of such tire or track.

B. This section does not apply to the following:

1. Tire chains of reasonable size used to prevent skidding when upon wet surfaces or when upon snow or ice;

2. Pneumatic tires which have embedded therein wire not to exceed .075 inches in diameter and which are so constructed that under no conditions will the percentage of metal in contact with the roadway exceed five percent of the total tire area in contact with the roadway, except that during the first one thousand miles of use or operation of any such tire, the metal in contact with the roadway may exceed five percent of the tire area in contact with the roadway, but shall in no event exceed twenty percent of such area;

3. Vehicles, trailers and tractors operated upon unimproved roadways where necessary in the construction or repair of county highways;

4. Traction engines or tractors when operated under the conditions of a permit first obtained from the road department of the county.

(Ord. 238-1 §1, 1975: Ord. 238 §3, 1958)

It shall be a misdemeanor for any person to violate any of the provisions of this chapter. Every person convicted of such misdemeanor shall be punishable by a fine of not exceeding five hundred dollars or by imprisonment in the county jail for not exceeding six months, or by both such fine and imprisonment.

(Ord. 238-1 §2, 1975: Ord. 238 §4, 1958)