Chapter 12.08
OBSTRUCTION OF PUBLIC WAY*
Sections:
12.08.020 Means of occupancy—Encroachment—Prohibited.
12.08.030 Application for street use permit—Content.
12.08.040 Terms and conditions of proper performance.
12.08.060 Subject to police power.
12.08.080 Endangering obstructions—Removal.
* For provisions regarding franchise terms and conditions, see Chapter 5.12 of this code.
12.08.010 Purpose.
The purpose of this chapter is to prohibit obstruction of any public ways within the city except where expressly authorized by street use permit in order to facilitate orderly use and development of the city street system and to eliminate hazard to ingress, egress and public travel upon the city streets and ways. (Ord. 40 § 1, 1971)
12.08.020 Means of occupancy—Encroachment—Prohibited.
No construction, building, improvement, excavation, or other means of occupancy, other than public or private utility franchises maintained under franchise, shall be permitted upon, over, across or under the rights-of-way of the public ways or streets of the city unless expressly authorized by street use permit issued by the mayor or designee. This prohibition shall apply with equal force to all encroachments whether temporary or permanent in nature. (Ord. 855 § 1 (part), 2009: Ord. 40 § 2, 1971)
12.08.030 Application for street use permit—Content.
Any owner of abutting property or any other person or corporation intending to make use of the public streets and ways for any purpose outlined in Section 12.08.020 or for any other purpose shall file an application for a street use permit with the mayor or designee at least fifteen days prior to any proposed occupancy. The application shall disclose the location, nature and duration of any proposed occupancy and shall be accompanied by a map, print or prints which accurately specify the location of the proposed obstruction with respect to the street right-of-way in question and all existing utility facilities proximate to the proposed use of the street or public way. (Ord. 855 § 1 (part), 2009: Ord. 40 § 3, 1971)
12.08.040 Terms and conditions of proper performance.
Upon investigation and review of the permit application, the mayor or designee within his discretion may require such terms and conditions as are necessary for the proper performance of the proposed street occupancy including but not limited to a corporate surety bond, limitation of hours of work, specification of minimum warning signals and devices to be maintained by the permittee, coordination of proposed work with affected franchises, and provisions for restoration of the right-of-way affected, whether improved or unimproved. (Ord. 855 § 1 (part), 2009: Ord. 40 § 4, 1971)
12.08.050 Surety bond.
Before undertaking any of the work or improvements authorized by the street use permit, the permittee shall furnish to the city a bond, executed by permittee and by a corporate surety authorized to do a surety business in the state, in a sum to be set and approved by the mayor or designee as sufficient to insure a performance of the permittee’s obligations under the permit, conditioned that the permittee shall well and truly keep all of permittee’s obligations under the permit, and to erect or replace any defective work or materials discovered in the replacement of the city’s streets or rights-of-way within a period of two years from the date of the expiration of the street use permit. The permittee shall be responsible to the city for any injury or damage to city property or the expense incurred or suffered by the city in correcting defects in work replacing or restoring city streets or other improvements damaged by the acts or negligence of such permittee or its agents. (Ord. 855 § 1 (part), 2009: Ord. 40 § 5, 1971)
12.08.060 Subject to police power.
The permittee shall be subject to the police power of the city to adopt and enforce general ordinances necessary to protect the safety and welfare of the general public in relation to the work permitted. (Ord. 40 § 6, 1971)
12.08.070 Permit duration.
No permit shall be issued for a duration in excess of thirty days; except, that the mayor or designee shall have the right in his discretion to extend any permit upon good cause shown. (Ord. 855 § 1 (part), 2009: Ord. 40 § 7, 1971)
12.08.080 Endangering obstructions—Removal.
Whenever there exists upon the right-of-way of any street or public way any structure, improvement, device or excavation which threatens or endangers the right-of-way or public street or which may endanger persons traveling thereon or which may constitute a hazard, such removal shall in no event constitute a breach of the peace or trespass. This section shall apply with equal force to real or personal property. (Ord. 40 § 8, 1971)