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ORDINANCE NO. 341
<br />CITY OF PLEASANTON, COUNTY OF ALAMEDA
<br />STATE OF CALIFORNIA
<br />
<br />"AN ORDINANCE REGULATING ENCROACHMENTS
<br /> UPON PUBLIC STREETS AND RIGHT OF WAYS
<br /> PROVIDING FOR PERMITS, REPAIRS AND
<br /> INSPECTIONS THEREOF."
<br />
<br /> The City Council of the City of Pleasanton, Alameda County, State
<br />of California, does hereby ordain as follows:
<br />
<br /> ARTICLE I
<br />
<br /> GENERAL PROVISIONS
<br />
<br /> 1001. DEFINITIONS. For the pupose of this ordinance, the follow-
<br />ing words and phrases shall have the meanings respectively ascribed to them
<br />as follows:
<br />
<br /> 1001.01. "Encroach" or "Encroachment" shall mean going over, upon
<br />or under or using any right-of-way or water course in such a manner as to
<br />prevent, obstruct, or interfere with its normal use, including the perfor-
<br />mance thereon of any of the following acts: (a) excavating, filling, or
<br />disturbing the right-of-way or water course; (b) erecting or maintaining
<br />any flag, banner, declaration, post, sign, pole, fence, guardrail, wall,
<br />loading platform, mailbox, pipe, conduit, wire, or other structure on, over
<br />or under a right-of-way or water course; (c) planting any tree, shrub, grass
<br />or other growing thing within a right-of-way or water course; (d) placing or
<br />leaving on a right-of-way or water course any rubbish, brush, earth or other
<br />material of any nature whatsoever; (e) constructing, placing or maintain-
<br />ing on, over, under or within the right-of-way any pathway, sidewalk, drive-
<br />way, curb, gutter, paving or other surface or subsurface drainage structure
<br />or facility, any pipe, conduit, wire or cable; (f) traveling on the right-
<br />of-way by any vehicle or combination of vehicles or object of dimension,
<br />weight or other characterisitic prohibited by law without a permit; (g)
<br />lighting, or building a fire; (h) constructing, placing, planting or main-
<br />taining any structure, embankment, excavation, tree or other object adjacent
<br />to a right-of-way or water course which causes or will cause an encroachment.
<br />
<br /> 1001.02 "Permittee" shall mean any person, firm, corporation or
<br />other agency that proposes to do work or encroach upon a right-of-way or
<br />water course as herein defined and has been issued a permit for such en-
<br />croachment by the Superintendent of Streets.
<br />
<br /> 1001.03 'Right-of-Way" shall mean land which by deed, conveyance,
<br />agreement, easement, dedication, usage or process of law is reserved for
<br />and dedicated to the general public for street, highway, alley, public
<br />utility, or pedestrian walkway purposes.
<br />
<br /> 1001.04 "Public Street" shall mean the full width of the right-of-
<br />way of any road, street, highway, alley, lane or pedestrian walkway used
<br />by or for the general public whether or not said road, street, highway,
<br />alley, lane or pedestrian right-of-way has been improved or accepted for
<br />maintenance by the City,except streets and highways forming part of the
<br />State Highway System.
<br />
<br /> 1001.05 "Superintendent of Streets" shall mean the City Engineer or
<br />the Public Works Director of the City or his authorized agent.
<br />
<br /> 1001.06 "Private Contract" shall mean a contract between two or
<br />more parties for the installation, construction, revision, operation or
<br />creation of an encroachment, to which contract the City is not a party.
<br />
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