.010 It shall be unlawful for any person, firm or corporation to excavate or perform any construction within, obstruct in any manner, or place any temporary, portable or permanent structure or device within, any public right-of-way or easement, including any right-of-way or easement, including but not limited to, any street, alley, sidewalk, or public utility easement (hereinafter “public street”), unless such person, firm or corporation possesses a written permit from the Director of the Public Works Department (hereinafter “Director”). For purposes of this chapter, said permit shall be referred to as a right-of-way construction permit, regardless of whether such permit relates to excavation, construction or obstruction in the public right-of-way. The provisions of this section shall not apply to any person, firm or corporation undertaking emergency repairs to existing facilities, when said person, firm or corporations complies with the provisions of Section 12.12.070 of this chapter.
.020 The provisions of this section shall not apply to:
.0201 Any person, firm or corporation undertaking emergency repairs to existing facilities, when said person, firm or corporation complies with the provisions of Section 12.12.070 of this chapter;
.0202 Any temporary traffic control device or measure erected, placed or maintained, or any traffic control activity undertaken, by an officer or employee of the City of Anaheim in the performance of such person’s official duties;
.0203 Any temporary street closure for a block party as approved by the Traffic and Transportation Manager, or any other obstruction or street closure approved or authorized pursuant to any other provision of this Code, or any policy or regulation adopted by the City Council;
.0204 Any vehicle stopped, standing or parked upon any public street, which vehicle is authorized for use upon a public street pursuant to the California Vehicle Code, and which vehicle is stopped, standing or parked in compliance with all applicable provisions of this Code and the California Vehicle Code;
.0205 Any refuse receptacle or other device during the period such device is authorized to be placed or located within a public right-of-way pursuant to any provision of law; or
.0206 Any person on a sidewalk or pedestrian path within the public right-of-way engaged in the business of being a Sidewalk Vendor pursuant to a valid Sidewalk Vendor Permit issued by the City of Anaheim pursuant to Chapter 4.52 of this Code.
.030 Notwithstanding any other provision of this Code, the first violation of any provision of this section by any person within any twelve-month period shall be punishable as an infraction in accordance with applicable provisions of the California Penal Code and California Government Code. The second and all subsequent violations of this section by said person occurring within any twelve-month period, whether such violation is of the same or a different provision of said section, shall be punishable as a misdemeanor.
(Ord. 5582 § 1 (part); November 19, 1996; Ord. 5942 § 2; September 28, 2004: Ord. 6449 § 4; November 11, 2018.)