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