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(A) Construction: Unless the context otherwise requires, the definitions and general provisions set forth in this section govern the construction of this chapter.
CITY COUNCIL: The city council of Placerville, El Dorado County, California.
CITY ENGINEER: The city engineer or his authorized agent of the city.
ENCROACH, ENCROACHMENT: Includes going upon, over, under, or using any right of way in such a manner as to prevent, obstruct, or interfere with the normal use of that way, including the performance thereon of any of the following acts:
(A) Excavating or disturbing the right of way;
(B) Erecting or maintaining any post, sign, pole, fence, guardrail, wall, loading platform, or other structure on or over or under the right of way;
(C) Planting any tree, shrub, grass or other growing thing within the right of way;
(D) Placing or leaving on the right of way any rubbish, brush, earth or other material of any nature whatever;
(E) Constructing, placing, or maintaining on, over, under, or within the right of way any pathway, sidewalk, driveway, or other surfacing, any culvert or other surface drainage or subsurface drainage facility, any pipe, conduit, or cable;
(F) Traveling on the right of way by any vehicle or combination of vehicles or object of dimension, weight or other characteristic prohibited by law without a permit;
(G) Lighting or building a fire;
(H) Constructing, placing, planting or maintaining any structure, embankment, excavation, tree or other object adjacent to the right of way which causes or will cause an encroachment.
PERMITTEE: Any person(s), firm, company or corporation, association, public agency, or organization that proposes to do work or encroach upon a public "right of way" as herein defined and has been issued a permit for said encroachment by the city engineer. All obligations, responsibilities, and other requirements of the permittee as herein described, shall be binding on subsequent owners of the encroachment.
PUBLIC STREET: The full width of the right of way of any road, street, lane, alley, or pedestrian walkway used by or for the general public, whether or not those roads, streets, lanes, alleys, and pedestrian walkways have been accepted as and declared to be part of the city system of public streets, except streets forming a part of the state highway system.
PUBLIC UTILITY: Any utility company, such as the Pacific Gas and Electric Company, or the Pacific Telephone and Telegraph Company, which is regulated by the public utilities commission of the state of California, and conducts business in the city under authority of a duly executed franchise agreement with the city.
RIGHT OF WAY: Land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the use of the general public for street, highway, lane, alley, or pedestrian walkway purposes.
(C) Right Of Lawful Use: Any permit granted under this chapter shall be subject to the right of the city, or any other person, 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.
(D) Exceptions: This chapter shall not apply to any officer or employee of the city acting in the discharge of his official duties, or to any work performed by any person under contract with the city. This chapter shall not apply to any duly authorized employee of a public utility maintaining existing aerial facilities or underground facilities accessible through manholes, vaults, junction boxes, providing no excavation, boring or other earthwork is performed and a normal flow of traffic can be maintained on the public street or right of way.
(E) Acts Requiring Permit: It shall be 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 pipe line, conduit 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 or 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 of the right of way. (Ord. 994, 5-26-1970)
(F) Nonacceptable Permit Applications: 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; provided, however, that nothing contained in this section shall prohibit an application being made for the erection or maintenance of a directional sign. (Ord. 1067, 10-10-1974)
(G) Emergency Work Authorized: This chapter shall not prevent any person from maintaining any pipe, conduit, wire or cable lawfully on, over 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 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. 994, 5-26-1970)