12.08 — STREET ENCROACHMENT

Unless the context otherwise requires, the definitions and general provisions set forth in this article and Article II govern the construction of this chapter. (Ord. 19-59 § 1, 1959)

Any permit granted under this chapter shall be subject to the right of the City, or any other person or persons, firm, corporation, district or other body of persons entitled thereto, to use that part of the public highway for any purpose for which it may be lawfully used, and no part of the highway shall be unduly obstructed at any time.

(Ord. 19-59 § 9, 1959)

This chapter shall not apply to any officer or employee of the City in the discharge of his or her official duties or to any work being performed by any person or persons, firm or corporation under contract with the City. (Ord. 19-59 § 10, 1959)

It is unlawful for any person(s), firm, company, corporation, association, public agency or organization, without first obtaining a written permit, to encroach or to make or cause to be made any encroachment of any nature whatever within, upon, over or under the limits of any right-of-way in the incorporated territory of the City, or to make or cause to be made any alteration of any nature within, upon, over or under such right-of-way; or to construct, put upon, maintain or leave thereon, or to cause to be constructed, put upon, maintained or left thereon, any obstruction or impediment of any nature whatever; or to remove, cut or trim trees thereon; or to set a fire thereon, or to place on, over or under such right-of-way any pipeline, conduit, telecommunications facilities including small cell wireless facilities and ancillary equipment required to operate and support the operation of small cell wireless facilities, or other fixture; or to move over or cause to be moved over the surface of any right-of-way or over any bridge, viaduct or other structure maintained by the City any vehicle or combination of vehicles or other object of dimension or weight prohibited by law or having other characteristics capable of damaging the right-of-way, or to place any structure, wall, culvert or similar encroachment, or to make any excavation or embankment in such a way as to endanger the normal usage or the right-of-way.

(Ord. 19-59 § 11, 1959; Ord. 855-19 § 2, 2019)

No application will be approved nor permit issued for constructing or maintaining a loading platform upon or in the right-of-way of a public street or for erecting or maintaining therein or thereon a post, pole, column or structure for support for advertising signs, basketball hoops or other similar obstructions.

(Ord. 19-59 § 12, 1959; Ord. 712-08 § 2, 2008)

This chapter shall not prevent any person or persons, firm or corporation from maintaining any pipe or conduit lawfully on or under any public street, or from making excavation, as may be necessary for the preservation of life, or property when an urgent necessity therefor arises during the hours the offices of the City are closed, except that the person or persons, firm or corporation making an emergency use or encroachment on a public street shall apply for a permit therefor within one calendar day after the offices of the City are again opened. (Ord. 19-59 § 13, 1959)