Weed Municipal Code Ch. 12.06 Encroachment and Special Event Permits

For the purposes of this chapter, certain words and phrases used herein are defined as follows:

A. "Encroachment" means constructing or placing temporary or permanent structures, improvements, facilities or materials in, on, over, or under any public right-of-way or using any right-of-way so as to prevent, obstruct, or interfere with the normal use of that way, including, but not limited to, the performance of any of the following acts:

1. Excavating or disturbing the public right-of-way;

2. Erecting or maintaining any post, sign, pole, fence, guard-rail, wall, pipe, conduit, cable, wire, communication service equipment, or other facility or structure on, over, or under a public right-of-way;

3. Planting any tree, shrub, grass, or other growing thing within the public right-of-way;

4. Placing or leaving on the public right-of-way any rubbish, brush, earth, or material;

5. Constructing, placing, or maintaining on, over, under, or within a public right-of-way any pathway, sidewalk, driveway, or other surfacing; any culvert or other surface drainage or subsurface drainage facility; or any pipe, conduit, wire, communication service equipment or facility, or cable;

6. Constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object adjacent to the public right-of-way which causes or may cause an encroachment.

B. "Encroachment permit" means a permit issued by the city authorizing an encroachment.

C. "Enforcing authority" means the city or an authorized agent.

D. "Permittee" means any person, firm, corporation, public utility or public agency desiring to obtain or having obtained an encroachment permit and/or special event permit as defined in this section.

E. "Public agency" means any city, county, public corporation or public district established through due process of law.

F. "Public improvements" includes street improvements, storm drainage, sewer, water, landscaping and other related improvements which the city will maintain upon completion.

G. "Public street" means any street which has been accepted by the city for public use.

H. "Public utility" means private corporations authorized by law to establish and/or maintain any works or facilities in, under or over any public street. This chapter shall not limit the powers and duties vested by law in the public utilities commission of the state, and in the event of any conflict, the public utilities commission rules shall govern.

I. "Public right-of-way" shall have the same meaning given that term by California Public Utilities Code Section 5830(o) and land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the general public and maintained under public authority or by others and located within streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, pedestrian walkways, storm drainage and similar public property.

J. "Public works director" means the city's director of public works or a designee thereof.

K. "Site development permit" means a permit for the construction of public improvements within public right-of-way for which an encroachment permit or permits would be required.

L. "Specification" means those specifications approved by the city engineer.

M. "Special event" means any parade, congregation, assembly, attraction, display, demonstration, fair, festival, event, concert, performance, march, ceremony, show, exhibition, pageant, street procession or other gathering of twenty-five or more persons.

N. "Special event permit" means a permit issued by the city authorizing activity in or upon any public street, park, right-of-way, or other public grounds in the city for the purpose of a special event.

(Ord. No. 486-2025, § 1, 8-14-2025)

A. The standards and procedures provided in this chapter are adopted for the protection and preservation of public property; the proper control and inspection of the construction of public improvements within public rights-of-way for which the city will provide future maintenance; and for the general health, welfare and safety of the public. The city shall administer this chapter with respect to any activity or speech that is protected by the first amendment in such a manner as to prevent inhibiting the free exercise of or participation in such activity or speech, and shall not apply any requirement herein except as necessary to protect the public health and safety by the least restrictive means possible.

B. It is the city's policy to prohibit any open excavation within the paved sections of any public street unless it can be demonstrated to the satisfaction of the public works director that no other feasible alternatives are available.

C. No open excavations are permitted on repaved public streets within five years from the date of final completion of the street repaving, except as explicitly exempted in Section 12.06.040.

D. No building permit for any construction for which an encroachment permit is also required will be issued until the encroachment permit has been obtained.

(Ord. No. 486-2025, § 1, 8-14-2025)

A permit issued by the public works director is required for any encroachment or special event as defined by this chapter, unless explicitly exempted by Section 12.06.040.

(Ord. No. 486-2025, § 1, 8-14-2025)

A. The provisions of this chapter shall not apply to officers or employees of the city acting in the discharge of their official duties, or any work being performed by any person pursuant to a contract with the city.

B. The provisions of this chapter shall not prevent any public utility from lawfully maintaining any facility on or under any public right-of-way, or from making emergency excavations as may be necessary for the preservation of life or property, subject to subsection C below.

C. If an urgent necessity arises requiring immediate encroachment in or upon public right-of-way during the hours the offices of the city are closed, the person making an emergency encroachment on a public street must notify the city police department immediately and must apply for an encroachment permit the first day the offices of the city are again opened. This requirement shall also apply to any public agency requiring any emergency encroachment.

(Ord. No. 486-2025, § 1, 8-14-2025)

The following encroachments are specifically prohibited, and no applications shall be accepted nor permits issued therefor:

A. Construction or maintenance of a loading dock on or in a public right-of-way.

B. Installation or maintenance of underground tanks, vaults, or elevators, except that underground vaults may be permitted as a part of facilities owned by public utilities and public agencies;

C. Construction or placement of any fill, wall, pipe, column, pole, fence, tree, shrub or other thing which would obstruct and reduce the capacity of any watercourse to carry storm water.

(Ord. No. 486-2025, § 1, 8-14-2025)

A. General. Any person seeking an encroachment permit shall, not less than forty-five days before the date on which the encroachment is contemplated to occur, file with the city clerk a verified application on a form furnished by the city. The application for encroachment permits may be obtained at the office of the city clerk.

B. Plans. The permittee shall provide plans and details necessary to determine the exact location, nature, dimensions, duration and purpose of the desired encroachment, as well as the necessary level of review required under the California Environmental Quality Act (CEQA) for issuance of the permit. Improvement plans shall be prepared by or under the direction of a registered civil engineer. The form and content of all plans shall be in accordance with standards approved by the public works director.

C. Documents. The permittee shall provide detailed engineering calculations for which the design of any public improvements are based.

D. Consent of Public Agencies, Utilities, or Adjacent Property Owners. The applicant shall be solely responsible for securing any permission, permit, license, approval or consent from any other public agencies which may be required or for permission from adjacent property owners for construction, road closures, or other activities occurring outside of the permittee's property boundary. Evidence of any and all required consents in a form satisfactory to the public works director shall be submitted with the permit application. The applicant shall be responsible for coordinating the encroachment and any contemplated work with the city and other public agencies as necessary.

E. Approval. Upon finding the permit application conforms to the provisions of this chapter and other applicable provisions of the WMC, the public works director may issue an encroachment permit.

F. Denial. If the public works director finds that the permit application is in conflict with any provisions of this chapter or any other applicable provisions of the WMC, the public works director shall deny the permit.

G. Commencement of Work. The permittee shall begin the work or use authorized by an encroachment permit within ninety days from the date of issuance unless a different period is stated in the permit, or an extension of time is granted by the public works director. If the work or use is not begun accordingly, the permit shall become void.

H. Completion of Work. The permittee must complete the work or use authorized by a permit issued pursuant to this chapter within the time specified in the permit. If at any time the public works director finds that the delay in the prosecution or completion of the work or use authorized is due to lack of diligence on the part of the permittee, the permit may be revoked as provided for in Section 12.06.120.

I. Inspection. Unless specifically exempted by Section 12.06.040, no encroachment work shall take place without prior inspection by the public works director. Inspection procedures and requirements shall be as established by the public works director. Inspections by the public works director must be requested at least twenty-four hours (excluding weekends, holidays or other city non-working days) in advance of the work to be performed. No work shall be performed on weekends, holidays or other city non-working days without prior authorization of the public works director.

(Ord. No. 486-2025, § 1, 8-14-2025)

A. Any person desiring to conduct or manage a special event shall, not less than forty-five days before the date on which it is proposed to conduct such special event, file with the city clerk a verified application, on a form furnished by the city setting forth the following information:

1. The name, address, email address, and telephone number of the person or organization wishing to conduct the special event;

2. If the special event is proposed to be conducted for, on behalf of or by an organization, the name, address, email address, and telephone number of the authorized and responsible head of such organization;

3. The name, address, email address, and telephone number of the person who will be the special event chair and will be responsible for its conduct;

4. The location of the special event;

5. If applicable, the route to be traveled, the starting point and the termination point;

6. A description of the nature of the special event;

7. The date(s) when the special event is to be conducted;

8. The hour when the special event will start and terminate;

9. The approximate number of persons, animals and vehicles that will constitute and/or attend the special event;

10. A description of any temporary structure(s);

11. A description of the intended parking facilities;

12. Evidence of any and all necessary permission(s), permit(s), license(s), approval(s), or consent(s) from any other public agencies or private property owners;

13. Plans and details sufficient to determine the necessary level of review required under the California Environmental Quality Act (CEQA) for issuance of the permit; and

14. If the special event is designed to be held by and on behalf of any organization other than the applicant, the applicant for such permit shall include a communication in writing from such organization authorizing the applicant to apply for such permit on its behalf.

B. The time for applying for a permit set in subsection A shall not apply to any noncommercial activity or speech that is protected by the first amendment, without consideration of its message or content, where application of such time limit would inhibit the free exercise of or participation in such activity or speech. The time for applying for a permit under this subsection shall be reduced to not more than seventy-two hours, consistent with the necessity to protect the public health and safety by the least restrictive means possible. Notwithstanding any other time limit set for permit issuance or appeal, all action on a permit application under this subsection shall be consistent with the provisions herein for assuring free exercise of protected activity and speech.

C. The public works director shall issue a special event permit if, from consideration of the application and such other information as may be obtained, the public works director finds that:

1. The application provides all necessary information required by subsection A;

2. The conduct of the special event will not substantially interrupt the safe and orderly movement of other traffic contiguous to its location; and

3. The conduct of the special event is not reasonably likely to cause injury to persons or property.

If the applicant for a special event permit seeks authorization that exceed the scope of the public works director's authority under this section, including but not limited to temporary street closures under Section 12.06.170 or the sale and use of alcoholic beverages under Chapter 9.16, the applicant is also required to obtain the approval of the body or person with the necessary decision-making authority.

(Ord. No. 486-2025, § 1, 8-14-2025)

A. In issuing an encroachment permit or special event permit, the public works director may impose reasonable requirements or conditions upon the use of the permit as may be necessary to ensure public safety and welfare and as may be necessary to ensure public property is restored to a condition equal to or better than that which existed prior to the encroachment.

B. When an encroachment permit authorizes existing paved streets to be open cut, a permittee may be required to seal coat or overlay with asphalt concrete a section of roadway each side of the excavation. The limits of seal coating or overlay shall be as approved by the public works director or city engineer and as is sufficient to ensure the excavated area visually blends into the existing street area, maintains long-term structural stability, and provides a smooth riding surface.

(Ord. No. 486-2025, § 1, 8-14-2025)

A. If any applicant is dissatisfied with decisions of the public works director in respect to the conditions of approval or the denial of a permit application, they may appeal such a decision to the city council. The appeal shall be in writing and filed with the city clerk within ten calendar days from the date of the decision by the public works director, shall set forth the basis of the appeal, and shall be accompanied by the applicable appeal fee provided in the city's fee schedule currently in effect.

B. The city clerk shall schedule the appeal for consideration by the city council at the earliest possible and feasible regular city council meeting.

C. The city council may modify, delete, or add to any of the conditions set forth by the public works director, provided that the council's action is consistent with the provisions and spirit of this chapter and the general welfare and safety of the public.

(Ord. No. 486-2025, § 1, 8-14-2025)

All public improvements shall be constructed in accordance with city standard specifications. Other public improvements not described in the city standard specifications shall be constructed in accordance with the latest edition of the State of California Standard Specifications (Caltrans). Traffic control plans shall be in accordance with the California Manual on Uniform Traffic Control Devices (MUTCD), the latest edition. The public works director may establish other such standards and specifications necessary for the proper construction, safety requirements, use and maintenance of encroachments.

(Ord. No. 486-2025, § 1, 8-14-2025)

The term of the encroachment or special event shall be as set forth in the approved permit. A permit for a continuing use or for maintaining an encroachment or special event may be granted for a period not to exceed one year from the date of issuance.

(Ord. No. 486-2025, § 1, 8-14-2025)

A. The public works director may revoke an encroachment permit or special event at any time upon finding:

1. The permittee has failed to comply with or has violated any city ordinance, city standards, safety regulations, or any condition of the issuance of the permit; or

2. The continuing allowance of the encroachment or special event, whether because of changed conditions or otherwise, interferes with or jeopardizes public safety or welfare.

B. Upon revocation of the permit, the permittee shall immediately restore the public right-of-way to a condition as required by the public works director. If the restoration is not completed within the time specified by the public works director, the city may take any and all necessary action so required to restore the right-of-way. Any and all costs incurred by the city for enforcement of this section shall be at the expense of the permittee. Cost incurred by the city will be recovered from any deposits or bonds posted by the permittee, and if necessary, by legal action.

(Ord. No. 486-2025, § 1, 8-14-2025)

A. The permittee shall keep any encroachment permit issued pursuant to this chapter at the site of the work or in the cab of a vehicle when movement on a public street is involved. The permit shall be shown to any city employee or law enforcement officer on demand.

B. A permit issued for continued use or maintenance of an encroachment for a period longer than fourteen days may be kept at the place of business of the permittee or otherwise safeguarded during the permit term, but shall be made available to any city employee or law enforcement officer no later than forty-eight hours after demand is made.

C. A special event permit shall be carried by a person heading or leading the event at all times during the special event and shall be shown to any city employee or law enforcement officer on demand.

(Ord. No. 486-2025, § 1, 8-14-2025)

A. General. Prior to the issuance of a permit, the applicant shall pay all applicable fees, as adopted by the city council.

B. Repair of Public Right-of-Way. Fees for encroachment permits to repair, replace, or enhance features within the public right-of-way may be waived at the sole discretion of the public works director, provided it conforms to the following criteria:

1. Waivers shall only be granted for minor projects not otherwise subject to city permits; and

2. The work must be for the primary purpose of repairing, replacing, or enhancing public features, including but not limited to repair of sidewalks, repair of curb and gutter, or replanting landscape strips.

(Ord. No. 486-2025, § 1, 8-14-2025)

A. Prior to issuance of a permit, an applicant shall be required to provide a refundable security deposit in an amount determined by the public works director to be sufficient to ensure recovery of city costs and resources, including, but not limited to, staff time in preparing for, monitoring, inspecting, securing, repairing, and restoring city property in relation to the encroachment or special event.

B. A permittee who fails to abide by permit conditions may be subject to loss of security deposit.

C. Within ninety days from the date of completion of all encroachment work or the special event, the city shall prepare an invoice outlining expenses incurred and either refund or charge the permittee the balance remaining or owed. If applicant owes city additional reimbursement, such reimbursement shall be made within thirty days of receipt of invoice.

D. Permit applicants with outstanding balances owed to the town shall not be granted further permits until balance owed is resolved.

(Ord. No. 486-2025, § 1, 8-14-2025)

A. The public works director may require the permittee to take out, carry and keep in force general liability insurance in minimum amounts of two million dollars each occurrence and four million dollars aggregate. The permittee shall also obtain a certificate of insurance and original endorsements naming the city as co-insured to accompany the application, which shall be in a form acceptable to risk management and available for review no less than fifteen working days prior to the scheduled event or commencement of work. Thirty days' advanced notice shall be provided to the city of the cancellation or expiration of such insurance.

B. No applicant shall be required to comply with the insurance requirements of this section if the activity proposed for the special event is protected by the first amendment to the United States Constitution and the applicant produces evidence that complying with the insurance provision is impossible or so financially burdensome that it would preclude the proposed special event from occurring.

(Ord. No. 486-2025, § 1, 8-14-2025)

Where an encroachment permit or special event permit requests a temporary street closure, the request will be reviewed by the police department, public works department, and fire department for its effect upon traffic and public safety. The temporary street closure must be approved by the city council in accordance with California Vehicle Code Section 21101, et seq. and any other applicable law.

(Ord. No. 486-2025, § 1, 8-14-2025)

The public works director may restrict the encroachment or special event to specific hours in order to provide for the proper flow of traffic during critical periods of the day.

(Ord. No. 486-2025, § 1, 8-14-2025)

No excavations shall be permitted within the paved area of public streets unless the applicant can prove to the satisfaction of the public works director that the following conditions exist:

A. Boring of the utility is not feasible; and

B. No reasonable alternate utility alignment is available outside the paved street area; and

C. The cut area and an adjacent area shall be resurfaced as approved by the public works director. The limits of resurfacing shall be as determined by the public works director to ensure the excavated area blends visually and maintains structural stability with the surrounding area. The applicant shall be responsible for the replacement of any and all obliterated, removed, or destroyed pavement markings or traffic devices; and

D. Excavations within arterial streets are prohibited, except as permitted by Section 12.06.040 of where it can be demonstrated to the satisfaction of the public works director that no other feasible alternatives are available.

(Ord. No. 486-2025, § 1, 8-14-2025)

The permittee shall agree to hold the city, its officials, officers, agents, and employees harmless from any and all liability, claims, suits or actions for any and all damages alleged to have been suffered by any person or property by reason of the permittee's special event and/or the installation, operation, maintenance or removal of the encroachment to the full extent permitted by law. Notwithstanding the foregoing, to the extent such agreement is a "construction contract" as defined by California Civil Code Section 2783, as may be amended from time to time, such duties of permittee to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.

(Ord. No. 486-2025, § 1, 8-14-2025)

Acceptance by the applicant of the permit shall be conclusive evidence of the reasonableness of the conditions and terms imposed thereon and shall constitute a waiver of any right to legislative determination thereof.

(Ord. No. 486-2025, § 1, 8-14-2025)

Permits shall be issued only to the person making application and may not be assigned to another person by the permittee. If any permittee assigns the permit to another, the permit will be revoked.

(Ord. No. 486-2025, § 1, 8-14-2025)

No modifications or changes may be made in the location, dimensions, character, or duration of the encroachment or special event authorized by the permit except upon written authorization of the public works director.

(Ord. No. 486-2025, § 1, 8-14-2025)

A. If any future construction, reconstruction or maintenance work by the city on the right-of-way necessitates the relocation, removal or abandonment of an encroachment, the permittee shall relocate, remove or abandon the encroachment at the permittee's sole expense.

B. When relocation is required, the public works director shall make written demand of the permittee that the encroachment be relocated within the right-of-way to a satisfactory location provided by the public works director, and shall designate a reasonable time for such relocation or removal. In determining what is a reasonable time under this section, the public works director shall take into consideration the nature of the encroachment, the urgency of the need for its removal, the cost of its removal, the difficulty of its removal, the value of the property to the owner, and other facts peculiar to the particular situation. If the permittee fails to comply with such instructions, the city may relocate or remove the encroachment at the expense of the permittee.

C. The provisions of this section shall apply to all permittees, including public agencies and public utilities having authority to occupy public rights-of-way pursuant to a franchise or an express provision of state statute, unless in conflict with a franchise agreement with the city, or in conflict with applicable state or federal law or regulation.

(Ord. No. 486-2025, § 1, 8-14-2025)