Chapter 2 — General Provisions

12200 - Permit required.

(a)

Except as otherwise provided in this Division, it is unlawful for any person to do any of the following without first obtaining a permit from the Commissioner:

(1)

Make or cause to be made any encroachment, including any excavation, in any highway;

(2)

Place, change, or renew an existing encroachment in any highway;

(3)

Place, construct, or repair any curb, gutter, sidewalk, driveway approach, pavement, base course, retaining wall, storm drain, culvert, pipe, conduit, cable, or other work of similar nature in, over, along, across, or through any highway;

(4)

Construct, reconstruct, or repair any highway light or highway lighting system in any highway;

(5)

Construct, reconstruct, repair, or maintain any overhead structure or other appurtenant facility in any highway;

(6)

Place or leave any impediment to the use of any highway;

(7)

Erect or maintain any post, sign, banner, pole, fence, guard rail, wall, loading platform, or any other structure on, in, along, over, under, or across the right-of-way;

(8)

Plant or remove any tree, shrub, or other growing thing, trim any tree, or construct any landscaping, within the right-of-way, except for the planting or removal of a lawn or similar low-lying ground cover not otherwise prohibited by law, outside the traveled way, drainage ditch, gutter, or other improvement within the right-of-way;

(9)

Use the right-of-way for filming;

(10)

Use the right-of-way for an event or activity that impacts normal traffic flow, including, but not limited to, special events;

(11)

Use the right-of-way in any manner for purposes of seismological exploration;

(12)

Conduct land-surveying or traffic-counting operations 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 highway;

(13)

Cause water (other than water from natural sources) to flow onto or upon any highway or roadside drainage facility, where the water is contained within the improved section of the highway or drainage facility by any curb, berm, or ditch, or increase or change drainage flows onto or upon a highway or roadside facility;

(14)

Move or cause to be moved on, over, along, or across any highway, any extralegal load or special permit vehicle;

(15)

Place, construct, reconstruct, or repair any wireless telecommunications facility within the right-of-way; or

(16)

Collect litter or debris from the right-of-way, except for trash collection by a County-authorized provider of waste-hauling services or minor retrieval of litter or debris incidental to other authorized activities within the right-of-way.

(b)

Any person who does any of the acts specified in this Section, without first having obtained a permit, is guilty of a misdemeanor and is liable to the County for all expenses and damages caused by the act.

(c)

This subdivision does not apply if any agreement with the Department exists for the construction, reconstruction, or maintenance of the specific installation.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12201 - Indemnification, defense, and hold-harmless condition.

Every permit issued under this Division must require the permittee to, and every permittee, regardless of the existence of any such requirement in the permit, must, defend, indemnify, and hold harmless the County of Ventura and its Board of Supervisors, officers, and employees, to the maximum extent permitted by law, from any loss or liability or damage, including expenses and costs, for property damage, personal injury, or death sustained by any person as a result of the encroachment or activity for which the permit was issued.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12202 - Exemptions from permit requirements.

The following uses of the right-of-way are not subject to the provisions of this Division except as provided in this Section:

(a)

Activity by an officer or employee of the Department in the discharge of his or her official duties.

(b)

Work performed under contract with the Department.

(c)

Landscape work performed by the property owner adjacent to the owner's property when the drainage of the road right-of-way is not impacted when the following conditions are met:

(1)

Planting vegetation where the maximum height of a fully-grown plant is less than one (1) foot in height.

(2)

Installing minor encroachments at grade within the parkway between an existing curb and sidewalk.

(d)

Installation of an approved U.S. Postal Service (USPS) mailbox. Location and construction of all mailboxes must conform to the rules and regulations of the USPS and the following minimum requirements:

(1)

The roadside face of a mailbox must be set back a minimum of one (1) foot from the face of the curb, or if no curb exists, from the edge of the pavement or gutter. Where mountable curbs are present, the roadside face of the mailbox must be set back one (1) foot from the back of the mountable curb.

(2)

Whenever possible, the roadside face of the mailbox must be set back at least five (5) feet from the edge of the pavement.

(3)

Under no circumstances may a mailbox obstruct the use of any sidewalk.

(e)

The placement of trash receptacles for collection by the County's authorized hauler for routine pick-up, during the seventy-two (72) hours surrounding the designated pick-up time.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12203 - Powers of public official.

Whenever this Division grants a power to, or imposes a duty on, a public officer, that power may be exercised, and the duty may be performed, by a deputy of that officer or by a person duly authorized by that officer according to law, unless this Division expressly provides otherwise.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12204 - Permittee to comply.

A permittee must comply, and must do everything necessary and proper to secure compliance by all of its officers, agents, and employees, with every order, decision, direction, condition, or rule specified on the permit or in an attachment to the permit, or made by the Commissioner on any other matter relating to or affecting the permittee's use of the highway, except when the permittee is a public utility regulated by the California Public Utilities Commission and such order, decision, direction, condition, or rule directly conflicts with any applicable order, decision, direction, condition, or rule prescribed by the California Public Utilities Commission.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12205 - Reference to other ordinances.

Whenever reference is made to any portion of this Division or any other ordinance or statute, such reference applies to all amendments and additions made to that ordinance or statute. This Division applies regardless of, and in addition to, the Ventura County General Plan and Area Plans, and the Coastal and Non-Coastal Zoning Ordinances.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12206 - Road closure, interference with highway use.

A permittee must plan and execute an encroachment in such a manner that the encroachment will not unreasonably interfere with the safe and convenient travel of the general public. Unless authorized in the permit, no permittee may close a public highway or deny to the general public the use of the public highway. An exception for filming and special events may be allowed as specified in Section 12218 and Section 12219.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12207 - Work performed with or without permit and without proper notification.

(a)

Any person who performs any of the acts described in Section 12200 must comply with all provisions of this Division and is liable for payment of any fees or costs prescribed by this Division, whether or not that person obtains a permit.

(b)

Any person who has begun any of the acts described in Section 12200 without first obtaining a permit, when directed by the Director to stop, must stop any such act until the person obtains a permit or is otherwise authorized by the Director to proceed. Any person who fails to comply with the Director's direction to stop the work is guilty of a misdemeanor and will be subject to all fees described in Section 12605.

(c)

If the Commissioner finds any person performing any of the acts described in Section 12200 without a permit, the Commissioner may issue a permit on that person's behalf. The permittee will be subject to all fees and costs specified by the fees schedule.

(d)

Where a permittee has begun activity under a permit without making the notification required by the permit, the Department may deny acceptance of any work performed and remove any work completed. The Department may also require the permittee to provide verification of materials used and any testing or verification necessary to ensure compliance with all permit conditions. The permittee is liable to the Department for all costs of inspection and administrative work made necessary by the permittee's failure to make the required notification.

(e)

Where any provision of this Division requires a permittee to do or refrain from doing any act, or imposes any obligation or liability on a permittee, that provision applies equally to any person who has performed any act described in Section 12200 without having first obtained a permit.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12208 - Encroachment removal.

(a)

The Commissioner may immediately remove, or require the removal or relocation of, any encroachment, lawful or unlawful, that:

(1)

Obstructs or prevents the use of a County highway by the public;

(2)

Consists of refuse;

(3)

Is a traffic hazard;

(4)

Is an advertising sign or device and is removable under section 1480.5, subdivision (d), of the Streets and Highways Code; or

(5)

Is detrimental to the public health, safety, or welfare.

(b)

Removal and relocation of encroachments under this Section are governed by the procedure provided in, and the permittee is liable for all penalties and damages described in, section 1480 et seq. of the Streets and Highways Code.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12209 - Encroachment removal without replacement.

When an encroachment is removed and not replaced, the permittee must remove the entire encroachment from the right-of-way and restore the right-of-way to meet standards specified elsewhere in this Division, unless the Commissioner authorizes otherwise, in writing. Pipes may be abandoned in place with prior written approval from the Commissioner. When abandoned in place, pipes must be tested and filled by a method approved by the Commissioner or as required by the franchise agreement.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12210 - Records of installations or as-builts.

Every person owning, using, controlling, or having an interest in any pipe, conduit, duct, or tunnel under the surface of any right-of- way for supplying or conveying gas, electricity, communication facilities, water, steam, oil, or for any other purpose, must file with the Department within sixty (60) days after installation or abandonment a corrected set of maps or atlas sheets or as-builts drawn to a scale of not more than two hundred (200) feet to one (1) inch, showing the complete installation of all such pipe, conduit, duct, or tunnel. A public utility that periodically submits maps and atlas sheets will be deemed to comply with this Section.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12211 - Inspection.

(a)

No person may obstruct the Commissioner, or his or her duly authorized representative, in making any inspection, taking any sample, or making any test, where that inspection, sample, or test is necessary to enforce any provision of this Division or the Streets and

Highways Code.

(b)

The permittee must pay the costs of any inspector employed by the Commissioner to determine whether work is being done in compliance with the permit, in accordance with the fees schedule. This Section applies to all permittees, including any city, county, district, or other local public agency.

(c)

The Commissioner may require a permittee to provide notice to the Department before the permitted activity begins, to enable any needed inspection. When required by the terms of the permit, the permittee must, no later than two (2) working days before beginning the permitted activity, notify the Public Works inspector listed on the permit of the date when permitted activity will begin.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12212 - Work in accordance with plans, specifications, and permit conditions.

All work under a permit must be performed in accordance with project-specific plans and specifications, including any plans and specifications referred to in or made part of the permit and any revisions to those plans or specifications, and with any special requirements or specifications made a part of the permit. In case of a conflict between two (2) different specifications, the most stringent specification will apply.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12213 - Changes to scope of encroachment work.

No changes may be made to the scope of permitted encroachment work unless authorized in writing by the Commissioner.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12214 - Permit available.

The permittee must make the permit available for inspection by the Commissioner or his or her designee, or by any peace officer or other person having responsibility for safety or maintenance of the highway, immediately on request. Each permit for moving under Chapter 9 must be in or on the vehicle or combination of vehicles to which it refers.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12215 - Permit terms, conditions, renewal, and expiration.

(a)

A permittee may not modify, repair, replace, or remove any permitted encroachment unless the permittee applies for and obtains a separate permit, or the work is exempt from the need for a permit as described in Section 12202.

(b)

Except where the permit has been issued for a long-term encroachment, as described by Section 12502, each permit must specify the dates and times during which the permitted activity may take place. The permit will expire on the expiration date specified on the permit, unless the Commissioner, in writing, grants an extension.

(c)

All requests for a permit extension must be made in writing on the approved form, signed by the permittee or the permittee's duly authorized representative, and submitted at least two (2) days before the permit's expiration date.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12216 - Certificate of acceptance.

If the Commissioner, by survey, inspection, or both, ascertains that the permitted work has been completed according to the requirements of the permit and of this Division, the Commissioner must issue, if requested to do so by the permittee, a certificate of

acceptance containing a statement of the location, nature, and extent of the work performed under the permit.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12217 - Selling in the right-of-way.

Parking any vehicle, or placing any structure, wholly or partly within any right-of-way for the purpose of selling, or selling from, the vehicle or structure is prohibited. Notwithstanding the foregoing, "sidewalk vending" as defined in and authorized by Division 2, Chapter 6 of the Ventura County Ordinance Code, as may be amended, is not prohibited by this Section. Any person who violates this Section is guilty of a misdemeanor and is liable to the County for all expenses and damages caused by that parking or placement.

(Ord. No. 4540, §§ I, II, 3-19-2019; Ord. No. 4629, § 4, 4-9-2024)

12218 - Filming within the right-of-way.

(a)

All filming activities must be conducted in accordance with the California Film Commission's "Filmmaker's Code of Professional Responsibility" and as follows:

(1)

A person filming in a residential or business district must make proper notification, no later than three (3) business days before beginning the filming activity, to the owner or occupant of each property within the notification zone defined in Section 12100(s)(2). The notification must include all of the following:

(A)

The name of the person conducting the filming.

(B)

The name of the production or work being filmed.

(C)

The name and telephone number of an individual who, on behalf of the person conducting the filming, will be available during business hours to respond to questions from the public.

(D)

The type of production.

(E)

The type of activity that will take place.

(F)

The duration of the activity.

(2)

Production vehicles arriving on location in or near a residential neighborhood may not enter the area before the time specified in the permit, must park one by one, and must turn off engines as soon as possible. Cast and crew must observe designated parking areas.

(3)

No one associated with the filming activity may enter any other property without permission from the owner or occupant of that property.

(4)

All persons associated with the filming activity must remain within the boundaries of the property that has been permitted for filming.

(5)

Moving or towing of any parked vehicle within the limits of filming as described on the permit is prohibited without the express permission of the County or the owner of the vehicle.

(6)

Cast and crew meals must be confined to the area designated in the permit; all catering, craft service, construction, prep and strike day activities, and personal trash must be removed from the location at the end of the permit period.

(7)

Removing, trimming, or cutting vegetation or trees is prohibited unless authorized in the permit by the owner of the property.

(8)

All signs erected or removed for filming purposes must be removed or replaced upon completion of the use of that location unless other specified in the permit.

(9)

Noise levels must be maintained at as low a level as possible.

(10)

All persons associated with the filming activity must observe designated smoking areas and extinguish cigarettes and other smoking materials properly.

(11)

No person associated with the filming activity may bring any guest or pet to the location, unless authorized in the permit.

(12)

All sets and props must be removed at the end of the permit period.

(13)

The person conducting the filming will at all times comply and ensure compliance by all associated persons with the provisions of the permit.

(14)

All persons associated with the filming activity must refrain from using lewd or offensive language within the hearing of the general public.

(b)

The filming activity must not result in damage to the right-of-way or to surrounding properties. All affected areas must be restored to their original condition when filming is completed.

(c)

Filming activities may be permitted, provided they do not:

(1)

Exceed more than three (3) consecutive days in the same area.

(2)

Occur between 10:00 p.m. and 7:00 a.m.

(3)

Cause traffic delays of more than three (3) minutes on public roads.

(4)

Result in noise levels exceeding that which is normal for the area and surrounding properties or result in types of noise emanating from such sources as gunfire, explosions, aircraft, or other loud sources, which are not normal for the area in question, unless the nearest residence is located more than two thousand (2,000) feet from the noise source.

(5)

Result in levels of light and glare exceeding that which is normal for the area.

(6)

Exceed criteria established in the Zoning Ordinance for the area.

(d)

Ventura County Planning Department approval is required for any filming activity that requires a road closure or that exceeds the thresholds listed in subsections (c)(1), (2), (4), (5), or (6) of this Section.

(e)

Any filming activity that requires a road closure or that exceeds the thresholds listed in subdivision (c)(3) of this Section may be approved when the applicant can provide signed consent statements from the owners of properties within the notification zone, in a form acceptable to the Director, as follows:

(1)

The number of consent statements must equal or exceed sixty-seven (67) percent of the total number of properties within the notification zone.

(2)

Each consent statement must attest to the owner's specific consent that the activities described in the consent statement may take place.

(3)

Consent statements will be counted as follows:

(A)

Only one (1) consent statement per dwelling unit per parcel will be counted, regardless of the number of occupants of a dwelling unit or number of dwelling units on the parcel;

(B)

Before the applicant begins the consent process, the Director must first review the names and addresses of all owners of properties within the notification zone and the language of the consent statement. The applicant must submit to the Department verification that the applicant has contacted one hundred (100) percent of the owners of properties within the notification zone.

(C)

Where a parcel within the notification zone is empty and not used for any purpose, the Director may exclude that parcel from the consent statement count.

(f)

The applicant must provide a base camp location outside the right-of-way for all equipment, vehicles, and other structures associated with the filming activity, including but not limited to cast trailers, catering trucks, restroom facilities, equipment trucks, props, and personal vehicles. The number of vehicles and personnel on the right-of-way must not exceed those immediately necessary for filming at the filming site and must be parked off the traveled way, in a closure area, or as may otherwise be expressly allowed in the permit.

(g)

Notification of occupants and property owners beyond those required by Section 12100(s)(2) may be required as determined by the Director.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12219 - Adopt-A-Road permit.

(a)

The Commissioner may issue an annual adopt-a-road permit to authorize a person to sponsor a road for the purpose of providing roadside clean-up on a designated portion of a County highway.

(b)

An adopt-a-road permittee must remove litter and other debris from the right-of-way at least once every one hundred eighty (180) days, or as the Commissioner may otherwise direct, and may not perform landscaping, planting, pruning, painting, construction, demolition, or alteration of any kind.

(c)

The Commissioner may provide equipment for the permittee's use, including, but not limited to, hard hats, safety vests, gloves, protective eye wear, and trash bags.

(d)

The Commissioner may include in an adopt-a-road permit any condition reasonably related to the safety of participants and the public, including but not limited to: requirements for safety training and the use of safety equipment; restrictions on the hours, locations, and methods of adopt-a-road work; requirements regarding supervision of persons conducting work in the right-of-way; and restrictions regarding the ages, numbers, and supervision of minors conducting work in the right-of-way.

(e)

The Commissioner may include in an adopt-a-road permit any condition reasonably necessary to assist the Commissioner in supervising work performed under the permit, including but not limited to: requirements that the permittee make notifications regarding the timing, extent, and supervision of work; requirements that the permittee report certain items and incidents found or occurring as a result of adopt-a-road work; and requirements that the permittee conduct work in a specified manner.

(f)

The Commissioner may, as part of any adopt-a-road permit, install up to two (2) road sponsorship signs on a sponsored segment of roadway, solely for the purposes of identifying the sponsor and promoting the adopt-a-road program. The Commissioner may specify the location, content, and design of all sponsorship signs consistent with these purposes. Each sponsorship sign will constitute government speech by the County; is neither a public forum, a limited public forum, nor a non-public forum; and neither the sponsorship of the roadway nor the sponsorship signs constitute a forum for advertisement, solicitation, or public discourse.

(g)

Every adopt-a-road permit must include the conditions required by Section 12201.

(h)

Every adopt-a-road permit is a temporary, personal, revocable, non-exclusive license. The Commissioner or the permittee may cancel the permit at any time for any reason.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12220 - Special events.

The Commissioner may issue an annual or a single permit to authorize a person to conduct a special event in the right-of-way. Special event activities held in the right-of-way are subject to the following requirements:

(a)

A permittee conducting a special event in a residential or business district must make proper notification, no later than five (5) business days before beginning the event, to the owner of each property within the notification zone defined in Section 12100(s)(1). The notification must include all of the following:

(1)

The name of the event. The name and telephone number of an individual who, on behalf of the person conducting the event, will be available during business hours to respond to questions from the public.

(2)

The type of event. The type of activity that will take place and the number of participants and staff involved.

(3)

The duration of the activity.

(b)

Vehicles related to the special event including vehicles of the participants arriving on location in or near a residential neighborhood may not enter the area before the time specified in the permit, must park one by one, and must turn off engines as soon as possible. Those parking in the right-of-way must comply with all signs designating parking areas.

(c)

Special event activities may be permitted, provided they do not:

(1)

Exceed more than three (3) consecutive days in the same area.

(2)

Occur outside of daylight hours.

(3)

Cause traffic delays of more than three (3) minutes on public roads.

(4)

Exceed criteria established in the Zoning Ordinance for the area.

(d)

Special event activities that exceed the thresholds listed in Section 12220(c), or that require a road closure, may be approved when the applicant can provide signed consent statements from the owners of properties within the notification zone, in a form acceptable to the Director, as follows:

(1)

The number of consent statements must equal or exceed sixty-seven (67) percent of the total number of properties within the notification zone.

(2)

Each consent statement must attest to the owner's specific consent that the activities described in the consent statement may take place.

(3)

Consent statements will be counted as follows:

(A)

Only one (1) consent statement per dwelling unit per parcel will be counted, regardless of the number of occupants of a dwelling unit or number of dwelling units on the parcel;

(B)

Before the applicant begins the consent process, the Director must first review the names and addresses of all owners or occupants of properties within the notification zone and the language of the consent statement. The applicant must submit to the Department verification that the applicant has contacted one hundred (100) percent of the owners or occupants of properties within the notification zone have been contacted.

(C)

Where a parcel within the notification zone is empty and not used for any purpose, the Director may exclude that parcel from the consent statement count.

(e)

The applicant must provide parking for event participants and spectators outside the right-of-way. When permitted, vehicles parked in the road right-of-way must be parked off the traveled way, in a closure area, or as otherwise expressly allowed in the permit.

(f)

Notification of occupants and property owners beyond those required by Section 12100(s)(1) may be required as determined by the Director.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12221 - Speed humps and speed cushions.

(a)

The Commissioner may authorize a person to construct a speed hump or speed cushion in the paved right-of-way of a highway. The construction must comply with the most current applicable County Road Standards and Caltrans standards. Any person authorized to construct must obtain a permit.

Approval of the construction is subject to the following requirements:

(1)

Height of hump or cushion must not exceed three (3) inches. Board of Supervisors approval is required for heights greater than three (3) inches.

(2)

Warning signs must be placed prior to the first hump or cushion at a location to be reviewed and approved by the Commissioner.

(3)

Pavement markings must be placed prior to and on the hump or cushion.

(4)

The following warrants must be met for approval of the construction.

(A)

The road must be a residential road, local road, or residential district as defined by the County Road Standards and California Vehicle Code.

(B)

The density of the district is (A) no fewer than thirteen (13) dwellings or business structures on one (1) side of the street in one-quarter (¼) mile or (B) no fewer than sixteen (16) dwellings or business structures on both sides of the street in one-quarter (¼) mile. All dwellings or structures to be counted must be no less than seventy-five (75) feet from the curb face or edge of pavement.

(C)

The speed limit of the road must be twenty-five (25) miles per hour or less.

(D)

A speed survey must show that sixty-seven (67) percent of motorists exceed the twenty-five (25) miles per hour speed limit.

(E)

The road must have no more than two traffic lanes and a paved width of no less than forty (40) feet.

(F)

The daily traffic volume of the road must be no less than one thousand (1,000) vehicles in a 24-hour period.

(G)

The speed hump or cushion must be installed in a safe location as determined by the Commissioner. No hump or cushion may be placed where severe horizontal or vertical curves exist, where sight distance is limited, or where the street (longitudinal) slope would be considered excessive. No hump or cushion may be placed where such placement would cause undue traffic congestion on nearby streets.

(5)

Sixty-seven (67) percent or more of affected property owners as determined by the Commissioner must concur with and sign a petition whose content and language have been reviewed and approved by the Commissioner. When a property owner or owners request the installation, those property owners that concur with and sign the petition must finance the construction. When the request for the hump or cushion originates with the Commissioner or his or her designee, the County will finance the construction of the hump or cushion. Regardless of financing, the property owners affected by the construction must approve the installation.

(6)

The County Traffic Engineer, Ventura County Fire Protection District, Sheriff's Office, and California Highway Patrol must review and approve the construction of a proposed location of the hump or cushion within twenty (20) calendar days of notification by the Commissioner, or as stated in the most applicable County Road Standard Plate.

(b)

Notwithstanding the foregoing, the Board of Supervisors upon recommendation of the Commissioner, based on professional engineering judgment, may authorize a person to construct a speed hump or speed cushion in the paved portion of the right-of-way without compliance with one (1) or more of the requirements of subdivision (a)(4), above.

(Ord. No. 4540, §§ I, II, 3-19-2019)