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(A) Permit required.
(1) It is unlawful for any person to locate or maintain any bench or chair upon any public street, alley, sidewalk or other public place without first obtaining from the Council a written permit to do so.
(2) Any permit granted under this subchapter may be revoked at any time without notice.
('81 Code, § 12.04.040)
(B) Duty to maintain. It shall be the duty of the permittee under division (A) of this section to maintain each bench at all times in a safe condition and at its proper and lawful location and to inspect it at reasonable intervals.
('81 Code, § 12.04.050) Penalty, see Ch. 13
(A) Permit required. No person shall locate any other object on or over any public street, alley, sidewalk or other public place, except under a public franchise or under the express provisions of some other ordinance of the city, without first obtaining from the Council a permit to do so.
('81 Code, § 12.04.060)
(B) Issuance for charitable purposes. The Council shall not issue a permit required by division (A) of this section, except for a religious, charitable, benevolent, patriotic or other nonprofit purpose or to celebrate or announce an event which is of civic or public interest.
('81 Code, § 12.04.070)
(C) Issuance for political purposes prohibited. No permit required by division (A) of this section shall be issued for, and no persons shall install or maintain any street banner or maintain any decorative light or other decoration or any banner, wire pennant or sign of a political nature.
('81 Code, § 12.04.080)
(D) Installation prescribed by Building Inspector. All banners and other decorations and objects for which a permit is issued under this chapter shall be installed and maintained in the manner prescribed by the Building Inspector.
('81 Code, § 12.04.090)
(E) Revocation of permit. Any permit issued under division (A) of this section may be summarily revoked by the Council for noncompliance with the requirements of the Building Inspector.
('81 Code, § 12.04.100) Penalty, see Ch. 13
No person shall burn any combustible waste or other material on any public street, alley, sidewalk or other property owned or controlled by the public, which has not been set aside by public authority therefor.
('81 Code, § 12.04.120) Penalty, see Ch. 13
No person shall play ball or any game of sport with a ball or football or throw, cast, shoot or discharge any stone, pallet, bullet, arrow or any other missile in, over, across, along or upon any street or sidewalk or in any public park, except on a portion of such a park set apart for such purposes.
('81 Code, § 12.04.130) Penalty, see Ch. 13
Any substance, object or thing which is placed, deposited, located or caused to be or allowed on, upon, over or across any public street, alley, sidewalk or other public place in violation of any of the provisions of this subchapter or which is maintained thereon or thereover after a permit has been revoked or in violation of the conditions of a permit is a public nuisance.
('81 Code, § 12.04.140)
The Building Inspector and the Superintendent of Streets or any other public officer to whose attention any nuisance referred to in § 96.09 shall come, shall summarily remove and abate such, and the person responsible therefor shall be liable to the city for the reasonable cost of such abatement, in addition to all of the other penalties provided by law.
('81 Code, § 12.04.150)
ENCROACHMENTS UPON PUBLIC STREETS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEPARTMENT means the Public Works Department.
DIRECTOR means the Public Works Director or his or her duly authorized representative.
EMERGENCY WORK means any unscheduled maintenance or repairs that are necessary for the immediate protection of life or property, or that are necessary for the restoration of an existing utility service for reliability. EMERGENCY WORK may involve fully repairing or temporarily repairing a structure to remove the immediate risk to life or property, or to service reliability.
ENCROACHMENT means any pole, conduit, cable, pipeline, fence, sign, building, or any temporary or permanent structure or object of any kind or character which is placed in, under or over any portion of a right-of-way; the taking, placing, moving, or using on a right-of-way, any vehicle or combination of vehicles or other objects of a dimension, weight, or other characteristic prohibited by the California Vehicle Code; or the excavation of a right-of-way.
EXCAVATION means removal of any concrete, asphalt, road, earth, or other, similar surface materials covering a right-of-way.
PERMIT means an encroachment permit issued pursuant to this subchapter.
PERMITTEE means the person to whom the encroachment permit is issued. The term PERMITTEE includes the permittee's authorized agents, including, without limitation, permittee's independent contractors of any level.
PERSON means and includes any natural person, corporation, firm, agency, copartnership or association, and any public utility, public entity or governmental agency, including the state and the United States.
PROTECTIVE MEASURES means any barricades, traffic control devices, trench plates or similar such devices intended to give warning and protect the public from injury or loss resulting from the placement of an encroachment within a right-of-way.
RIGHT-OF-WAY means any city street, sidewalk, pedestrian path, bike path or any other "public way," as defined in the Cal. Streets and Highways Code, as may be amended, whether or not such place is actually improved and used for street purposes. This definition includes any public alley, public sidewalk, public driveway, curb, pavement, gutter, parkway, easement, or public place in the city either owned by the city or dedicated to the city for public use.
STREET means any way or place of whatever nature publicly maintained and open to the use of the public for purposes of vehicular travel.
(‘81 Code, § 12.08.010) (Am. Ord. 1063, passed 10-6-03; Am. Ord. 1322, passed 11-2-22)
Statutory reference:
Obstructions and encroachments on public ways, see Cal. Gov't Code § 38775
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