Chapter 13.06
GENERAL REGULATIONS
Sections:
13.06.010 Permit—Prerequisite to Commencement of Certain Work.
13.06.020 Commencement of Work Without Permit—Permit Required.
13.06.030 Permit—Conditions of Granting.
13.06.040 Permit—Availability for Inspection.
13.06.050 Permit—Cancellation When Work Not Commenced Promptly.
13.06.060 Work—Compliance with Regulations and Code Provisions Required.
13.06.070 Work—Standard Specifications for Public Works and Other Specifications Applicable.
13.06.080 Work—Safeguarding, Restoration, Completion and Cleanup.
13.06.090 Work—Warning Signs, Lights and Barricades—Requirements.
13.06.110 Facilities within Highways—Work Restrictions Generally.
13.06.120 Facilities within Highways—Costs of Work Borne by Permittee—Exceptions.
13.06.130 Facilities within Highways—Protection—Repair of Damages.
13.06.140 Facilities within Highways—Underground Facilities and Excavations.
13.06.150 Facilities within Highways—Pipelines Carrying Hazardous Substances—Location.
13.06.170 Facilities within Highways—Notice When Unidentified Utilities Are Located.
13.06.180 Facilities within Highways—Moving Contractors and Utility Facilities.
13.06.190 Facilities within Highways—Liability for Damage or Injury—Insurance.
13.06.200 Restoration of Highway Surface.
13.06.220 Inspection or Tests—Obstruction Prohibited.
13.06.230 Failure to Comply with Regulations—City to Perform Work When—Costs.
13.06.240 Highway Closure or Use Restriction Authorized When.
13.06.010 Permit—Prerequisite to Commencement of Certain Work.
A. Every person, except as otherwise provided in this Division 1, is required to obtain a permit from the Director before:
1. Moving or causing to be moved over, along or across any highway any load or vehicle for which the Vehicle Code for the State of California requires that a permit issue;
2. Making or causing to be made any excavation or encroachment in any highway;
3. Placing, changing, renewing or abandoning a facility or encroachment;
4. Placing, constructing or repairing any curb, gutter, sidewalk, driveway, pavement, base course, retaining wall, storm drain, culvert, or other work of similar nature in, over, along, across or through any highway;
5. Constructing, reconstructing or repairing any highway light or highway lighting system in any highway or in any privately owned thoroughfare which is open to public travel; this subsection does not apply if any agreement with the City exists for the construction, reconstruction or maintenance of such installation;
6. Constructing, reconstructing, repairing or maintaining any overhead structure or other appurtenant facility;
7. Placing or leaving any impediment to travel upon any highway.
B. Any person who does any of the acts specified in this section, without the authority of such a permit, is guilty of a misdemeanor. (Ord. 89-20, 8/8/89)
13.06.020 Commencement of Work Without Permit—Permit Required.
Any person who shall commence any work for which a permit is required by this Division 1 without first having obtained a permit therefor shall stop work and apply for such permit. (Ord. 89-20, 8/8/89)
13.06.030 Permit—Conditions of Granting.
Every permit issued under this Division 1 shall be granted subject to the right of the City or any other person to use that part of the highway for any purpose for which the highway may lawfully be used. (Ord. 89-20, 8/8/89)
13.06.040 Permit—Availability for Inspection.
The permittee shall make the permit available for inspection by the Director or by any peace officer or other person having responsibility for safety or maintenance of the highway. Each permit for moving must be in or on the vehicle or combination of vehicles to which it refers. (Ord. 89-20, 8/8/89)
13.06.050 Permit—Cancellation When Work Not Commenced Promptly.
The Director may cancel a permit unless the activity permitted is commenced within the time specified and is diligently acted upon to completion. (Ord. 89-20, 8/8/89)
13.06.060 Work—Compliance with Regulations and Code Provisions Required.
Every person who commences any activity or work regulated by this Division 1 must comply with the provisions of this Division 1, the provisions made part of any permit, and the provisions and specifications of all applicable laws. (Ord. 89-20, 8/8/89)
13.06.070 Work—Standard Specifications for Public Works and Other Specifications Applicable.
All work shall be performed in accordance with the Standard Specifications for Public Works Construction, or according to the plans and specifications referred to in the permit and, in addition, to any special requirements and specifications which are made a part of the permit. In case of conflict between two specifications, the more stringent specification shall apply. (Ord. 89-20, 8/8/89)
13.06.080 Work—Safeguarding, Restoration, Completion and Cleanup.
Every person who commences any activity or work regulated by this Division 1 shall safeguard and complete the activity or work within a reasonable time. Any part of the highway facility of any nature removed or disturbed shall be repaired, restored and replaced in a condition satisfactory to the Director. All surplus material of any kind shall be removed from the highway. (Ord. 89-20, 8/8/89)
13.06.090 Work—Warning Signs, Lights and Barricades—Requirements.
Any person engaged in performing work regulated by this Division 1 which interferes with the safe movement of traffic shall be responsible to have the work safeguarded by adequate warning signs, barricades, lights and devices during all periods of his activity, including but not limited to periods of twilight, nighttime, fog or rain. All warning signs, barriers, barricades, flags and other devices shall comply with or exceed the standards required by the Vehicle Code of the State of California. (Ord. 89-20, 8/8/89)
13.06.110 Facilities within Highways—Work Restrictions Generally.
The permittee shall investigate and be aware of all existing facilities lawfully within the highways which are within the limits of the permittee’s activity. The permittee shall not interfere with any existing public or private facility without the consent of its owner. (Ord. 89-20, 8/8/89)
13.06.120 Facilities within Highways—Costs of Work Borne by Permittee—Exceptions.
The cost of locating, exposing, moving or relocating publicly and privately owned facilities shall be borne by the permittee, unless the permittee makes other arrangements with the owner of the facility or the owner is required by franchise or agreement to relocate the facility. (Ord. 89-20, 8/8/89)
13.06.130 Facilities within Highways—Protection—Repair of Damages.
The permittee shall support and protect all facilities by a method satisfactory to the owner. The owner has the right to support or protect facilities at the sole expense of the permittee. In case any facilities should be damaged (and for this purpose, pipe coating or other encasement of devices should be considered as part of a structure), they may be repaired by the owner at the expense of the permittee or, if authorized by the owner, may be repaired by the permittee under the supervision of the owner. The expense of repairs to any damaged facilities shall be borne by the permittee. (Ord. 89-20, 8/8/89)
13.06.140 Facilities within Highways—Underground Facilities and Excavations.
Except in emergency work to protect the public and property, any permittee proposing to excavate in any highway shall make a search of available records of underground facilities and shall notify owners or operators known to have such facilities in the vicinity of the proposed excavation by telephone or other acceptable means of communications at least 48 hours prior to the proposed excavation, exclusive of weekends or legal holidays. Any person receiving notice pursuant to this Division 1 shall, not less than one working day in advance of proposed construction unless otherwise agreed between said person and permittee, inform the permittee of or field mark the location of any underground facility in the proposed area of excavation. (Ord. 89-20, 8/8/89)
13.06.150 Facilities within Highways—Pipelines Carrying Hazardous Substances—Location.
A. Any permittee, prior to making any excavation within the construction area where a pipeline known to carry a hazardous substance exists, shall not excavate until the pipeline has been located by potholing or other proven acceptable methods at intervals sufficient to determine its exact location. The permittee shall arrange with the owner to locate or expose private and public facilities. Abandoned or inoperative pipelines designed to carry hazardous substances shall be considered as carrying a hazardous substance until determined otherwise by owner.
B. In no case shall the intervals between potholes or the location by proven acceptable methods exceed the distance set forth as follows:
1. Excavations for Highway Construction. The pipeline shall be located at intervals not greater than 25 feet for lines less than eight inches in diameter, 50 feet for lines of eight inches through 24 inches in diameter, and 200 feet for lines greater than 24 inches in diameter.
2. Trench Excavation.
a. Longitudinal Pipelines. All longitudinal pipelines in the construction area of the highway shall be located at intervals not greater than 500 feet. If determined to be within six feet of the excavation, it shall be further located at intervals not greater than 25 feet for lines less than eight inches in diameter, 50 feet for lines of eight inches through 24 inches in diameter, and 100 feet for lines greater than 24 inches in diameter.
b. Transverse Pipelines. If the location of the pipeline is above or less than six inches below the facility being installed, it shall be carefully hand-tool exposed before excavating. If its location is six inches or more below the facility, it need only be located. (Ord. 89-20, 8/8/89)
13.06.160 Facilities within Highways—Pipelines Carrying Hazardous Substances—Excavation Restrictions.
A. After it is determined that the horizontal or vertical clearance between the pipeline known to carry hazardous substances and the construction limits is less than 12 inches (18 inches if scarifying), the permittee shall confer with the owner. Unless the owner elects to relocate, abandon or take the pipeline out of service, the permittee shall not excavate until the pipeline has been completely hand-tool exposed within the limits of construction.
B. Once the physical location of pipelines known to carry hazardous substances has been determined, as above described, the permittee doing the excavating, in cooperation with and with the concurrence of the owner, shall determine how to protect the pipeline from damage before proceeding to work. (Ord. 89-20, 8/8/89)
13.06.170 Facilities within Highways—Notice When Unidentified Utilities Are Located.
Each permittee excavating in the highway shall notify the City and the owner, if known, whenever previously unidentified or unknown utilities or underground facilities are encountered. (Ord. 89-20, 8/8/89)
13.06.180 Facilities within Highways—Moving Contractors and Utility Facilities.
No moving contractor, shall interfere in any manner with property of a public utility. (Ord. 89-20, 8/8/89)
13.06.190 Facilities within Highways—Liability for Damage or Injury—Insurance.
The permittee shall defend and save harmless the City, its officers, agents, and employees of and from any and all liability or responsibility for any property damage or loss, or injury or death to any person arising out of or occurring as the proximate results of any of the work undertaken. Permittee shall have the appropriate insurance and file a certificate of insurance with the Director as evidence thereof. (Ord. 89-20, 8/8/89)
13.06.200 Restoration of Highway Surface.
A. Upon completion of the permittee’s activity, the Director, at the Director’s option, may require the permittee to restore that portion of the highway facilities damaged by the permittee’s activity, or the Director may elect to do such restoration, at permittee’s expense, as provided in this Division 1.
B. Where the pavement or surface has been removed, the permittee shall replace it to a thickness one inch greater than that of the surrounding pavement or surface, and in no event to a thickness less than two inches.
C. The base course removed shall be replaced to the same thickness as that of the surrounding base course.
D. When the street surface has been treated with a seal or slurry prior to the work under permit, the seal or slurry shall be replaced upon the portion repaired.
E. When the structural section removed varies from or exceeds the average existing section, the Director may elect to require the replacement of an equivalent section which would meet the average structural section requirements. (Ord. 89-20, 8/8/89)
13.06.220 Inspection or Tests—Obstruction Prohibited.
A person shall not obstruct the Director in making any inspection, taking any sample or in making any test pursuant to this Division 1. (Ord. 89-20, 8/8/89)
13.06.230 Failure to Comply with Regulations—City to Perform Work When—Costs.
When paving, excavated material, barricades, lights or other devices are not properly placed or maintained; when the work started is not completed; when the work does not comply with the specifications or any special requirement; when the person fails or refuses to remove any obstruction; when any highway facility has been damaged and the person fails or refuses to repair or restore; then the Director may cause such to be placed, erected, completed, repaired, restored, removed or maintained. The person shall pay any and all costs to the City. (Ord. 89-20, 8/8/89)
13.06.240 Highway Closure or Use Restriction Authorized When.
The Director may restrict the use of, or temporarily close, any City highway whenever such closing or restriction of use is deemed necessary:
A. For the protection of the public;
B. For the protection of such city highway from damage during storms;
C. During construction, improvement or maintenance operations thereon. (Ord. 89-20, 8/8/89)