Chapter 90 STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES*
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*Cross references: Block parties, § 6-91 et seq.; operation of carnivals, circuses, fairs, and amusement places on public streets prohibited, § 6-15; riding or leading livestock or companion animal on sidewalk, § 10-47; buildings and building regulations, ch. 14; addressing, § 14-331 et seq.; flood management, ch. 34; drainage into streets prohibited, § 38-2; smoking in public places and workplaces, § 38-31 et seq.; manufactured homes, mobile homes, and trailers, ch. 58; neighborhood preservation, ch. 62; urinating or defecating in public view, § 66-7; skateboarding, roller skating, and inline skating prohibited in certain places, § 66-10; alcoholic beverages in public places and places open to the public, § 66-101 et seq.; parks and recreation, ch. 74; planning and development, ch. 78; off-street improvement program, § 78-151 et seq.; placing refuse on street, sidewalk, alley, or public place, § 82-34; burning of refuse in public places prohibited, § 82-41; stormwater management and grading and erosion control, ch. 86; grading, erosion, and sedimentation control, § 86-71 et seq.; subdivisions, ch. 94; subdivision requirements for streets, § 94-33; subdivision requirements for street trees, § 94-34; unauthorized signs on street or right-of-way, § 106-5; telecommunications, ch. 102; traffic and vehicles, ch. 106; removal of vehicles from streets, § 106-45; one-way streets and alleys, § 106-141 et seq.; riding or driving on sidewalks, § 106-204; restricted use of certain streets, § 106-251 et seq.; repairing or greasing vehicles on street, § 106-316; washing or polishing vehicles on street, § 106-317; parking on narrow streets, § 106-319; crowds obstructing passage on street or sidewalk, § 106-533; solicitation on street or right-of-way or within commercial parking area, § 106-561 et seq.; utilities, ch. 110; vegetation, ch. 114; duties of owners of trees and shrubs growing on or near right-of-way or public place, § 114-36; vehicles for hire, ch. 118; zoning, ch. 122.
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Article I. In General
Sec. 90-1. Specifications for construction of public improvements.
Secs. 90-2--90-30. Reserved.
Article II. Sidewalk and Street Obstructions
Sec. 90-31. Removal of obstructions.
Sec. 90-32. Boxes, barrels, etc., on sidewalks.
Sec. 90-33. Building materials or machinery on streets and sidewalks--Permit.
Sec. 90-34. Same--Rules governing placement.
Sec. 90-35. Wooden awnings.
Sec. 90-36. Height of awnings and other projections.
Sec. 90-37. Red lights on sewer trenches.
Secs. 90-38--90-60. Reserved.
Article III. Parades
Sec. 90-61. Definition.
Sec. 90-62. Exceptions.
Sec. 90-63. Filing and contents of application for permit.
Sec. 90-64. Late permit applications.
Sec. 90-65. Action on permit applications.
Sec. 90-66. Denial or revocation of permit.
Sec. 90-67. Alternative times, routes, and sites.
Sec. 90-68. Contents of permit; possession of permit.
Sec. 90-69. Parking regulations.
Sec. 90-70. Building permits for grandstands or other structures.
Sec. 90-71. Officials to be notified of actions on permit.
Sec. 90-72. Conducting or participating in parade without permit.
Sec. 90-73. Violation of permit; interference with parade.
Sec. 90-74. Appeal.
Sec. 90-75. Severability.
Secs. 90-76--90-100. Reserved.
Article IV. Vendors
Sec. 90-101. Findings; intent.
Sec. 90-102. Definitions.
Sec. 90-103. Vending locations; permits and business licenses; vendor operations.
Sec. 90-104. Exemptions.
Secs. 90-105--90-130. Reserved.
Article V. Newsracks
Sec. 90-131. Definitions.
Sec. 90-132. Encroachment permit.
Sec. 90-133. Permissible types of newsracks; size and arrangement.
Sec. 90-134. Standards for placement.
Sec. 90-135. Maintenance; advertising; identification of owner.
Sec. 90-136. Removal.
Sec. 90-137. Liability insurance.
Sec. 90-138. Indemnification of city.
Secs. 90-139--90-160. Reserved.
Article VI. Sidewalk Cafes
Sec. 90-161. Purpose; findings.
Sec. 90-162. Definition.
Sec. 90-163. Conditional encroachment permit required.
Sec. 90-164. Permissible locations.
Sec. 90-165. Allowable configurations.
Sec. 90-166. Sidewalk clearances and furniture location requirements.
Sec. 90-167. Signs.
Sec. 90-168. Service of food and beverages; alcoholic beverages.
Sec. 90-169. Outdoor preparation of food; restrooms; cleanliness and removal of litter.
Sec. 90-170. Days and hours of operation.
Sec. 90-171. Term and renewal of permit; temporary suspension of operation.
Sec. 90-172. Application for permit.
Sec. 90-173. Revocation of permit; appeal.
Sec. 90-174. Liability; indemnification of city; insurance.
Secs. 90-175--90-200. Reserved.
Article VII. Street Encroachments
Division 1. General
Sec. 90-201. Definitions.
Sec. 90-202. Exemptions.
Sec. 90-203. Restriction of use.
Sec. 90-204. Permit required and encroachment agreement required.
Sec. 90-205. Prohibited encroachments.
Sec. 90-206. Emergency work.
Sec. 90-207. Painting of paved surfaces.
Sec. 90-208. Appeal.
Secs. 90-209--90-230. Reserved.
Division 2. Permits and Fees
Sec. 90-231. Authority to issue permits and approve encroachment agreements.
Sec. 90-232. Application for permit; issuance.
Sec. 90-233. Form of encroachment agreement; form of permit; term; display; transfer; changes in permit or work.
Sec. 90-234. Fees.
Sec. 90-235. Bonds; insurance.
Secs. 90-236--90-250. Reserved.
Division 3. Standards for Work
Sec. 90-251. Liability; indemnification of city.
Sec. 90-252. Public safety requirements.
Sec. 90-253. Facilitation of traffic flow.
Sec. 90-254. Notices.
Sec. 90-255. Care of drainage.
Sec. 90-256. Specific standards.
Secs. 90-257--90-280. Reserved.
Article VIII. Building Line Setbacks
Sec. 90-281. Declaration of policy.
Sec. 90-282. Locations of proposed streets to be provided to City Clerk.
Sec. 90-283. Building permit for structures and improvements within boundaries of proposed streets.
Sec. 90-284. Appeal.
Sec. 90-285. Effect of planning and zoning regulations.
Secs. 90-286--90-310. Reserved.
Article IX. Moving of Buildings
Sec. 90-311. Permit required; definitions.
Sec. 90-312. Application requirements.
Sec. 90-313. Processing of applications; bond and insurance.
Sec. 90-314. Appeal.
Sec. 90-315. Time limit for completing alterations and improvements.
Sec. 90-316. Street improvements at new site.
Sec. 90-317. Requirements for movers; standards for moving.
Sec. 90-318. Clearing of old site.
Sec. 90-319. Legal lot required.
Secs. 90-320--90-340. Reserved.
Article X. Driveways, Curbs, and Sidewalks
Sec. 90-341. "Driveway" defined; width and separation of driveways.
Sec. 90-342. Replacement of curb and sidewalk at abandoned driveways.
Sec. 90-343. Maintenance and repair of sidewalks.
Sec. 90-344. Liability for personal injury and property damage.
Secs. 90-345--90-370. Reserved.
Article XI. Private Parking Lots
Sec. 90-371. Purpose and intent.
Sec. 90-372. Definitions.
Sec. 90-373. Compliance with article.
Sec. 90-374. Restrictions on charging mail-in parking fees.
Sec. 90-375. Maximum amount of mail-in parking fees.
Sec. 90-376. Posting of signs specifying parking restrictions and charges.
Sec. 90-377. Form and contents of parking charge notices.
Sec. 90-378. Dispute resolution procedure for contested parking charges.
Sec. 90-379. Registration.
Sec. 90-380. Prohibited business practices.
Sec. 90-381. Areas of applicability.
Sec. 90-382. Violations; penalty.
ARTICLE I. IN GENERAL
Sec. 90-1. Specifications for construction of public improvements.
The standard specifications for the construction of public improvements in the city are those as set forth in Standard Specifications, City of Concord, Contra Costa County, California, dated January 1990, a copy of which is on file in the office of the City Clerk.
(Code 1965, § 7100; Ord. No. 714; Ord. No. 884; Ord. No. 90-6)
Secs. 90-2--90-30. Reserved.
ARTICLE II. SIDEWALK AND STREET OBSTRUCTIONS
Sec. 90-31. Removal of obstructions.
The Director of Public Works, or such other officer as may be designated by the City Council, is hereby authorized and empowered to remove, or cause to be removed, to any place selected by him, all materials and things of whatever nature which obstruct the free use of any street, lane, or sidewalk, or portion thereof, in the city or which render the same dangerous to the public and sell the same after three days' notice. The owner of the materials or things so removed may recover the same before the same are sold by said officer on payment of the actual costs and charges of such removal and other incurred expenses.
(M.C. § 59; Code 1965, § 4200; Ord. No. 235; Ord. No. 809; Ord. No. 818)
Sec. 90-32. Boxes, barrels, etc., on sidewalks.
No person shall place or cause to be placed anywhere upon any public street, way, or sidewalk, and no person owning and occupying or having the control of any premises in the city shall suffer to remain in front thereof upon the sidewalk or portion of the street or way next to such premises, any boxes, bales, barrels, wood, lumber, goods, wares, and merchandise, or any other thing obstructing the free use or passage of such street, way, or sidewalk. Provided, however, that goods, wares, and merchandise in transit may be allowed on the outer three feet of the sidewalk for a period not exceeding six hours.
(M.C. § 54; Code 1965, § 4202; Ord. No. 809)
Sec. 90-33. Building materials or machinery on streets and sidewalks--Permit.
(a) Required. No person shall place or cause to be placed on any street, sidewalk, or public place any material, machinery, or apparatus for building, paving, or other purposes and allow the same to remain there for 24 hours without a permit from the Director of Public Works or such other officer as may be designated by the City Council.
(M.C. § 52; Code 1965, § 4204; Ord. No. 687; Ord. No. 809; Ord. No. 818)
(b) Permit provisions. The permit shall specify the portion of the street or sidewalk to be used and the period of such use, which period shall not be longer than may be reasonably necessary and may be extended only in case of necessity.
(M.C. § 52; Code 1965, § 4204; Ord. No. 687; Ord. No. 809)
(c) Permittee fee. The permit shall be granted to the owner of the lot or to the builder or contractor who wishes to use the space, upon depositing with the Director of Public Works, or other officer, as the case may be, a fee in the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services as a guarantee to the city that the permittee will remove or cause to be removed all dirt, debris, and materials of any kind from the street to the satisfaction of said officer, immediately upon the completion of the proposed work or at such time prior thereto when, in the judgment of the officer, the public interest and convenience will be subserved by the removal of the same, or any portion thereof, and that he will repair all damage done to the street, gutter, curb, or sidewalk.
(M.C. § 52; Code 1965, § 4204; Ord. No. 687; Ord. No. 809; Ord. No. 818; Ord. No. 94-5)
(d) Default and forfeiture of deposit. Upon the failure or negligence of the permittee to remove or cause to be removed, to the satisfaction of said officer, such dirt, debris, or materials as aforesaid within two days after being notified so to do by the officer, the money so deposited as a guarantee, or so much thereof as may be necessary, shall be used by the officer in removing such dirt, debris, or materials, and the balance, if any returned, to the permittee.
(M.C. § 52; Code 1965, § 4204; Ord. No. 687; Ord. No. 809)
Cross references: Buildings and building regulations, ch. 14.
Sec. 90-34. Same--Rules governing placement.
Every permittee referred to in section 90-33(c) shall obey every lawful direction of the Street Superintendent, or other officer as therein mentioned, as to such building material, whether contained in said permit or made after issuance thereof, and shall comply with the following rules:
(M.C. § 52; Code 1965, § 4205; Ord. No. 687; Ord. No. 809)
(1) Area for occupation. Such permits shall not authorize the occupation of any sidewalk or street, or part thereof, other than that immediately in front of the premises of the building for the construction of which the permit is issued. During the progress of building operations, at least six feet of the sidewalk pavement covered by said permit shall be at all times kept clear of rubbish and dirt for the free and unobstructed use of pedestrians;
(M.C. § 52; Code 1965, § 4205; Ord. No. 687; Ord. No. 809)
(2) Temporary walkways. Whenever the sidewalk must be occupied or removed, a temporary plank walk not less than three feet in width, with substantial railings, shall be constructed around the outside of the obstruction and maintained during the obstruction of the sidewalk;
(M.C. § 52; Code 1965, § 4205; Ord. No. 687; Ord. No. 809)
(3) Protective railing. If there are excavations on either side of the sidewalk, said sidewalk must be protected by substantial railings not less than 2 1/2 feet high from the floor of the walk. The railings are to be maintained so long as such excavations and depressions must be barricaded;
(M.C. § 52; Code 1965, § 4205; Ord. No. 687; Ord. No. 809)
(4) Barricades required. All approaches to excavations and depressions must be barricaded;
(M.C. § 52; Code 1965, § 4205; Ord. No. 687; Ord. No. 809)
(5) Director of Public Works to regulate. In all cases, such temporary sidewalks, railings, and approaches shall be made as regards ease of approach, strength, and safety to the satisfaction of the Director of Public Works or said other officer;
(M.C. § 52; Code 1965, § 4205; Ord. No. 687; Ord. No. 809; Ord. No. 818)
(6) Waterways and gutters to be kept clear. All gutters and waterways must be bridged over and kept clear of obstructions to the free passage of water;
(M.C. § 52; Code 1965, § 4205; Ord. No. 687; Ord. No. 809)
(7) Fire hydrants to be kept clear. Material or other obstructions must not be placed within 12 feet of any hydrant used for fire purposes;
(M.C. § 52; Code 1965, § 4205; Ord. No. 687; Ord. No. 809)
(8) Warning lights. Warning lights of a type approved by the Director of Public Works must be displayed and maintained at each end of every pile of material or other obstructions in the street and at each and every excavation from 6:00 p.m. to 6:00 a.m.;
(M.C. § 53; Code 1965, § 4205; Ord. No. 687; Ord. No. 809; Ord. No. 818)
(9) Removal of excavated earth. Earth taken from excavations and rubbish taken from buildings must not be stored either upon sidewalks, roadways, or streets and must be removed from day to day as rapidly as produced. When dry rubbish apt to produce dust is being handled, it must be wetted down so as to prevent its being blown about by the wind;
(M.C. § 52; Code 1965, § 4205; Ord. No. 687; Ord. No. 809)
(10) Temporary fencing. Whenever it becomes necessary for the safety of pedestrians to erect a fence in front of a building under construction, the fence, if built upon the street or sidewalk, shall not exceed six feet in height and shall contain no advertising matter;
(M.C. § 52; Code 1965, § 4205; Ord. No. 687; Ord. No. 809)
(11) Street occupation limited. The occupation of the street for the storage of building materials shall never exceed, in front of any one building, one-third of the roadway of the same.
(M.C. § 52; Code 1965, § 4205; Ord. No. 687; Ord. No. 809)
Sec. 90-35. Wooden awnings.
No person shall erect or repair any wooden awnings which shall project over any sidewalk or portion of a sidewalk or street. Every person owning, occupying, or controlling any building in front of which a wooden awning which is unsafe, in a dangerous condition, or an obstruction to the street, or portion thereof, projects over the sidewalk or portion of the street, shall cause the same to be removed within five days after being notified so to do by the Director of Public Works or other officer as may be designated by the City Council.
(M.C. § 57; Code 1965, § 4207; Ord. No. 235; Ord. No. 818)
Sec. 90-36. Height of awnings and other projections.
No person shall construct an awning or any other projection or suffer the same to remain at an altitude of less than seven feet over any sidewalk in front of premises owned, occupied, or controlled by him.
(M.C. § 57; Code 1965, § 4208; Ord. No. 235; Ord. No. 809)
Sec. 90-37. Red lights on sewer trenches.
All contractors and other persons making any trench on any street for the purpose of laying or repairing a sewer, or otherwise, shall, at night, keep signal lights of a type approved by the Director of Public Works at every 30 feet along the trench, throughout the entire night, and must take all other necessary precautions to guard against all accidents and dangers.
(M.C. § 81; Code 1965, § 4209; Ord. No. 687; Ord. No. 809; Ord. No. 818)
Secs. 90-38--90-60. Reserved.
ARTICLE III. PARADES
Sec. 90-61. Definition.
Parade shall mean any march, demonstration, or procession for an event consisting of persons, animals, or vehicles, or any combination thereof, upon a public street, sidewalk, or alley, or other public place, which does not comply with normal or usual traffic regulation or control.
(Code 1965, § 4820; Ord. No. 997)
Cross references: Definitions generally, § 1-10.
Sec. 90-62. Exceptions.
The word "parade," as used in this article, shall not apply to any of the following:
(Code 1965, § 4821; Ord. No. 997)
(1) A funeral procession;
(Code 1965, § 4821; Ord. No. 997)
(2) A governmental agency acting within the scope of its functions;
(Code 1965, § 4821; Ord. No. 997)
(3) Students going to and from school classes or participating in educational activities, providing such activity is under the immediate supervision of school authorities authorized by the school district to approve and supervise such activity.
(Code 1965, § 4821; Ord. No. 997)
Sec. 90-63. Filing and contents of application for permit.
(a) Any person desiring to conduct a parade, except as provided in section 90-64, shall file an application with the Chief of Police not less than 15 days prior to the proposed assembly time for the parade. Application shall be on forms provided by and available at the Police Department.
(Code 1965, § 4822; Ord. No. 997)
(b) Said application shall contain:
(Code 1965, § 4822; Ord. No. 997)
(1) The name of the applicant, the sponsoring organization, the parade chairperson, and the addresses and telephone numbers of each; the assembly area, disbanding area, and the route to be traveled; the assembly time, and the starting time;
(Code 1965, § 4822; Ord. No. 997)
(2) So far as is reasonably practicable, the anticipated number of parade participants, the disbanding time, the maximum parade length; the total number of bands, sound vehicles, or musical units, if any, with the type and number of members in each unit; the number of animals, if any, and type; the number of floats, if any, with their type, size, and method of moving; and the space between the units and their speed;
(Code 1965, § 4822; Ord. No. 997)
(3) The purpose of the parade. This application requirement is intended to allow the Police Chief to anticipate and provide for additional police services, if necessary, to protect the safety of parade participants and bystanders. No denial of a parade permit shall be based on the purpose given for the parade, if such purpose is constitutionally protected;
(Code 1965, § 4822; Ord. No. 997)
(4) A statement as to whether a permit has been requested or obtained from any other city within which said parade shall commence, terminate, or occur in part.
(Code 1965, § 4822; Ord. No. 997)
(c) If such a parade is designed to be held by and on behalf of or for any organization other than the applicant, the applicant for such permit shall file a communication in writing from such organization, authorizing the applicant to apply for such permit on its behalf.
(Code 1965, § 4822; Ord. No. 997)
Sec. 90-64. Late permit applications.
(a) Any application received less than 15 days before the proposed parade date is a late application. The Chief of Police shall deny issuance of a parade permit to late applicants unless he finds one of the following conditions to be present:
(Code 1965, § 4823; Ord. No. 997)
(1) Prior application was impossible since the parade is in response to an event of national importance which occurred less than 15 days before the proposed parade date;
(Code 1965, § 4823; Ord. No. 997)
(2) The applicant used due diligence but was not able to apply for a parade permit in a timely manner due to circumstances beyond his control.
(Code 1965, § 4823; Ord. No. 997)
(b) When the Chief of Police finds one of the above conditions to exist, he shall consider the application and base his decision on the criteria enumerated in section 90-66 of this article.
(Code 1965, § 4823; Ord. No. 997)
Sec. 90-65. Action on permit applications.
The Chief of Police shall act on applications in the following manner:
(Code 1965, § 4824; Ord. No. 997)
(1) Applications received not less than 15 days before the proposed parade shall be acted upon at least seven days prior to the proposed assembly time for the permit;
(Code 1965, § 4824; Ord. No. 997)
(2) Late applications shall be acted upon at least one day prior to the proposed assembly time for the permit.
(Code 1965, § 4824; Ord. No. 997)
Sec. 90-66. Denial or revocation of permit.
(a) Permits may be denied or revoked by the Chief of Police only upon his determination that one or more of the following conditions exist:
(Code 1965, § 4825; Ord. No. 997)
(1) There is insufficient time for the Police Department to make necessary preparations or inquiry concerning traffic control or other public safety matters prior to the proposed parade date;
(Code 1965, § 4825; Ord. No. 997)
(2) That more persons would be seriously inconvenienced by the parade than would participate in it;
(Code 1965, § 4825; Ord. No. 997)
(3) That the number of persons who would be less than seriously inconvenienced would be grossly disproportionate to the number of participants;
(Code 1965, § 4825; Ord. No. 997)
(4) That the parade will occur between the hours of 6:30 a.m. to 9:30 a.m. or 4:00 p.m. to 7:00 p.m., Monday through Friday;
(Code 1965, § 4825; Ord. No. 997)
(5) That the parade will exceed three hours' duration;
(Code 1965, § 4825; Ord. No. 997)
(6) That the parade will unduly interfere with ingress to, egress from, or travel on a freeway, state-designated highway, or main thoroughfare of the city;
(Code 1965, § 4825; Ord. No. 997)
(7) That the application is incomplete for failure to contain the information required in section 90-63(b) of this article;
(Code 1965, § 4825; Ord. No. 997)
(8) That the application contains a false statement as to a material fact;
(Code 1965, § 4825; Ord. No. 997)
(9) That a significant number of the parade participants intend to engage in or provoke violence;
(Code 1965, § 4825; Ord. No. 997)
(10) That a fully enforced general curfew will be in existence at the time and place proposed for the parade;
(Code 1965, § 4825; Ord. No. 997)
(11) That the parade will conflict with a previously scheduled parade;
(Code 1965, § 4825; Ord. No. 997)
(12) That safe conduct of the parade would require the diversion of so great a number of city police officers as to impair the normal police protection of the city;
(Code 1965, § 4825; Ord. No. 997)
(13) That adequate cleanup of litter or debris resulting from the parade has not been assured by the applicant when such litter or debris is a foreseeable and likely result of the parade;
(Code 1965, § 4825; Ord. No. 997)
(14) That the parade is to be held for the principal purpose of advertising a product, good, or event for private profit;
(Code 1965, § 4825; Ord. No. 997)
(15) That the parade activity or parade route would unreasonably interfere with proper fire or police protection within an area of the city.
(Code 1965, § 4825; Ord. No. 997)
(b) Written reasons shall be given to an applicant by the Chief of Police on the original application form to explain permit denial or revocation.
(Code 1965, § 4825; Ord. No. 997)
Sec. 90-67. Alternative times, routes, and sites.
Any denial or revocation of a permit on the grounds of the unacceptability of the time, route, or sites (assembly or disbanding) of the proposed parade shall contain a counter offer of alternative acceptable times, routes, and sites.
(Code 1965, § 4826; Ord. No. 997)
Sec. 90-68. Contents of permit; possession of permit.
Any parade permit issued shall contain the information given in the application, along with any restrictive conditions imposed by the Chief of Police in the interest of public safety, health, or welfare. The permit shall be carried by the person heading or leading the parade, who shall show it, upon demand, to any member of the Police Department.
(Code 1965, § 4827; Ord. No. 997)
Sec. 90-69. Parking regulations.
The Chief of Police has authority to post signs prohibiting or restricting the parking of vehicles on any highway, or part thereof, constituting part of the parade route. It shall be unlawful for any person to park or leave unattended a vehicle in violation thereof.
(Code 1965, § 4828; Ord. No. 997)
Sec. 90-70. Building permits for grandstands or other structures.
If a grandstand or other type of structure is to be used for parade viewing purposes, a building permit must be secured from the Building Official prior to the issuance of a parade permit by the Chief of Police.
(Code 1965, § 4829; Ord. No. 997)
Sec. 90-71. Officials to be notified of actions on permit.
Immediately upon granting or revoking a permit, the Chief of Police shall send a copy to:
(Code 1965, § 4830; Ord. No. 997)
(1) Council;
(Code 1965, § 4830; Ord. No. 997)
(2) City Manager;
(Code 1965, § 4830; Ord. No. 997)
(3) Public Works Director;
(Code 1965, § 4830; Ord. No. 997)
(4) District Fire Department.
(Code 1965, § 4830; Ord. No. 997)
Sec. 90-72. Conducting or participating in parade without permit.
It shall be unlawful for any person to conduct, manage, or participate in any parade which is not authorized by a written permit from the Chief of Police.
(Code 1965, § 4831; Ord. No. 997)
Sec. 90-73. Violation of permit; interference with parade.
It shall be unlawful for any person to knowingly join or participate in any parade conducted under permit from the Chief of Police in violation of any of the terms of said permit or in any manner interfere with the progress or orderly conduct of such permitted parade.
(Code 1965, § 4832; Ord. No. 997)
Sec. 90-74. Appeal.
Any person affected or dissatisfied by any action of the Chief of Police in the administration of this article may appeal to the City Council in accordance with section 2-52 of this Code.
(Code 1965, § 4833; Ord. No. 997)
Sec. 90-75. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The City Council hereby declares that it would have adopted this article and each portion thereof, irrespective of the fact that any one portion be declared invalid or unconstitutional.
(Code 1965, § 4834; Ord. No. 997)
Secs. 90-76--90-100. Reserved.
ARTICLE IV. VENDORS
Sec. 90-101. Findings; intent.
(a) The City Council finds that vending by the use of vendor vehicles and carts must be regulated by enactment of this article to ensure the public safety of those traveling on city streets and sidewalks.
(Code 1965, § 6800; Ord. No. 96-8)
(b) Vendors operating motor vehicles and vending carts on public or private streets and public rights-of-way within the city present a hazard to motorists, pedestrians, and vendor operators and their patrons. Potential safety hazards may arise from street geometrics, traffic circulation patterns, and from differences between motor vehicles and vendor vehicle travel speeds, especially on arterial streets. Vendor carts operating on the shoulders of streets would be susceptible to a significant degree of accident vulnerability particularly at intersections with higher speeds and traffic volumes. Allowing vendor carts upon public sidewalks is not a reasonable alternative because of limited maneuvering space and pedestrian safety considerations. Lack of or diminished space due to vendors locating on sidewalks could force pedestrians onto busy streets. Locations of street fixtures such as utility vaults, power poles, streetlight standards, traffic signal lights, fire hydrants, street trees, public signs, and mailboxes further constrain available sidewalk space.
(Code 1965, § 6800; Ord. No. 96-8)
(c) The intent of this article is to regulate the sale of food, wares, merchandise, and services by vendors in the city. Vendors, including but not limited to vendor motor vehicles, vendor carts, and all other outdoor sales activities, except as identified in section 90-104 (exemptions) of this article and chapter 122, article IV, shall be allowed in the city only as permitted by this article.
(Code 1965, § 6800; Ord. No. 96-8)
Sec. 90-102. Definitions.
The following definitions shall apply to words used in this article:
(Code 1965, § 6801; Ord. No. 96-8)
Vendor. A person who sells, offers to sell, barters, exchanges, or displays any type of food, wares, merchandise, or service at any location other than within a building or structure constructed on a permanent foundation which is occupied, rented, leased, or owned by that person. A person engaged in a business conducted from a building or structure constructed on a permanent foundation that involves outdoor display, sale, or storage of the same types of goods or merchandise sold as part of the primary business activity on those premises shall not be considered a vendor under this article. Activities identified in section 90-104 of this article shall not be categorized as a vendor. Sidewalk cafes regulated by article VI of this chapter are not considered to be vendors under this article.
(Code 1965, § 6801; Ord. No. 96-8)
Vendor cart. A small nonmotorized vehicle equipped with a container(s) for food, wares, or other merchandise, and/or services offered for sale, barter, or exchange.
(Code 1965, § 6801; Ord. No. 96-8)
Vendor motor vehicle. A motor vehicle from which food items, wares, or other merchandise and/or services are offered for sale, barter, or exchange. A vendor motor vehicle is any vehicle used for commercial purposes including, but not limited to, travel trailers, recreational vehicles, and vans.
(Code 1965, § 6801; Ord. No. 96-8)
Cross references: Definitions generally, § 1-10.
Sec. 90-103. Vending locations; permits and business licenses; vendor operations.
(a) Authority to vend on public or private property. A vendor may be permitted to operate only at public and private property authorized by this section, subject to first obtaining a written city permit. This section does not apply to a vendor on public property not owned by the city if permission to vend has been granted by the property owner or on private property where permission to vend has been granted by city permit.
(Code 1965, § 6802; Ord. No. 96-8)
(1) Vendor motor vehicles. On private property, vendor motor vehicles are allowed only at construction sites. Such vehicles may stop at a construction site for no more than 30 minutes without moving to a new location at least 300 feet removed therefrom. Such vehicles may not return to a location where they have previously stopped to vend within the previous three hours.
(Code 1965, § 6802; Ord. No. 96-8)
(2) Nonmotorized carts. Vendor carts are allowed on private property only pursuant to a city use permit or Zoning Administrator's permit. Vendor carts are allowed on construction sites only pursuant to an administrative occupancy permit. The approving authority may impose reasonable conditions as provided in subsection (g)(2). At construction sites on private property, vendor carts may stop for no more than 30 minutes without moving to a new location at least 300 feet removed therefrom. Such carts may not return to a location where they have been previously stopped to vend within the previous three hours.
(Code 1965, § 6802; Ord. No. 96-8)
(3) Vendors prohibited in Downtown Business Zoning District. Vendors shall not be permitted to operate at any publicly owned location in the Downtown Business Zoning District except as authorized by section 90-103(b)(2) pursuant to a valid use permit.
(Code 1965, § 6802; Ord. No. 96-8)
(b) Special vendor activities and locations.
(1) Schools. Vending is allowed at public or private schools, attendance at which satisfies the state requirements for compulsory education, when sponsored or co-sponsored by the school, provided all licenses required by state law or county ordinance are obtained.
(Code 1965, § 6802; Ord. No. 96-8)
(2) City parks, recreation areas, and city facilities. A vendor may operate within a public park, recreation area, or city facility only when licensed by the city as a concessionaire or when authorized by the city. The city may require a use permit for longterm vending on city-owned property.
(Code 1965, § 6802; Ord. No. 96-8)
(3) Community events, activities, and fundraisers. Vending is allowed at public and private property as a part of special events, subject to prior city approval, provided these occur no more frequently than one per season and not to exceed a maximum of four times per year. Events sponsored by the city or private events authorized on city-owned property shall be exempt from these provisions.
(Code 1965, § 6802; Ord. No. 96-8)
(c) Permitted vending from vendor motor vehicles. The Chief of Planning shall have authority to determine appropriate locations for vending from vendor motor vehicles. Motor vehicle vendors will not be allowed to operate on streets or rights-of-way where a public safety hazard exists or potentially exists. Criteria to be used in determining whether a motor vehicle vendor can operate safely in the street or public rights-of-way are specified in subsection (c)(1) of this section.
(Code 1965, § 6802; Ord. No. 96-8)
(1) The Chief of Planning may use, but is not limited to, the following criteria to determine the suitability of vending from motor vehicles:
(Code 1965, § 6802; Ord. No. 96-8)
a. Creation of pedestrian safety hazards;
(Code 1965, § 6802; Ord. No. 96-8)
b. Road geometrics (e.g., design, alignment, configuration, width, vehicle sight-line distance) relative to pedestrian and vehicular safety;
(Code 1965, § 6802; Ord. No. 96-8)
c. Impediments to traffic flows;
(Code 1965, § 6802; Ord. No. 96-8)
d. Traffic congestion patterns, circulation movements, and average daily traffic (ADT) volumes [on the] street;
(Code 1965, § 6802; Ord. No. 96-8)
e. Speed limits and traffic speeds;
(Code 1965, § 6802; Ord. No. 96-8)
f. Traffic studies and accident rates;
(Code 1965, § 6802; Ord. No. 96-8)
g. On-street parking requirements in residential neighborhoods;
(Code 1965, § 6802; Ord. No. 96-8)
h. Any other factor deemed to be a potential safety hazard by the Chief of Planning.
(Code 1965, § 6802; Ord. No. 96-8)
(2) If the Chief of Planning determines that a vendor negatively affects vehicular or pedestrian safety, the vendor activity shall be prohibited.
(Code 1965, § 6802; Ord. No. 96-8)
(3) In residential districts, vendor motor vehicles shall comply with Vehicle Code § 22455 and chapter 106 of this Code.
(Code 1965, § 6802; Ord. No. 96-8; Ord. No. 02-5, § 3)
(d) Prohibited vendor motor vehicle locations. Based upon traffic volumes which exceed 15,000 average daily vehicles or a posted traffic speed of 35 miles per hour or greater, the following streets are determined to be unsuitable for vendor motor vehicles:
(Code 1965, § 6802; Ord. No. 96-8)
(1) Clayton Road from Highway 680 to the eastern city boundary;
(Code 1965, § 6802; Ord. No. 96-8)
(2) Concord Avenue from Contra Costa Boulevard to Salvio Street;
(Code 1965, § 6802; Ord. No. 96-8)
(3) Concord Boulevard from Galindo Street to the eastern city boundary;
(Code 1965, § 6802; Ord. No. 96-8)
(4) Denkinger Road from Concord Boulevard to Clayton Road;
(Code 1965, § 6802; Ord. No. 96-8)
(5) Galindo Street from Cowell Road to Salvio Street;
(Code 1965, § 6802; Ord. No. 96-8)
(6) Kirker Pass Road from the northeast city boundary to Clayton Road;
(Code 1965, § 6802; Ord. No. 96-8)
(7) Monument Boulevard from the western city boundary to Cowell Road;
(Code 1965, § 6802; Ord. No. 96-8)
(8) Port Chicago Highway from the northern city boundary to Salvio Street;
(Code 1965, § 6802; Ord. No. 96-8)
(9) Treat Boulevard from Clayton Road to the southwestern city boundary;
(Code 1965, § 6802; Ord. No. 96-8)
(10) Willow Pass Road from Contra Costa Boulevard to the city boundary;
(Code 1965, § 6802; Ord. No. 96-8)
(11) Ygnacio Valley Road from Clayton Road to the western city boundary;
(Code 1965, § 6802; Ord. No. 96-8)
(12) Market Street from Concord Avenue to the connection with Meadow Lane.
(Code 1965, § 6802; Ord. No. 96-8)
Streets with speed limits which change to 35 miles per hour or greater following adoption of this article will automatically be deemed unsuitable for vendor motor vehicles.
(Code 1965, § 6802; Ord. No. 96-8)
Additional authority of Chief of Planning to designate prohibited locations. In addition to those streets identified in subsection (d) of this section, the Chief of Planning in consultation with the Director of Engineering and Transportation may designate other streets, roads, and public rights-of-way where vendors are not permitted to operate.
(Code 1965, § 6802; Ord. No. 96-8)
(e) Application and permit procedures.
(1) A person desiring to engage in a vendor operation as defined by this section shall submit a written application in a form acceptable to and with all supporting information required by the Chief of Planning. Prior to initiating any vending operations, all necessary approvals shall be obtained, including a permit from the Chief of Planning, Zoning Administrator, or Planning Commission as appropriate.
(Code 1965, § 6802; Ord. No. 96-8)
(2) There shall be a nonrefundable, nontransferable fee for processing an application under this section. The fee shall be that established by the City Council in the Resolution of Fees and Charges.
(Code 1965, § 6802; Ord. No. 96-8)
(3) Vendor applicants must provide the city with written authorization of the proposed activity from the property owner prior to submitting an application for a vendor's permit.
(Code 1965, § 6802; Ord. No. 96-8)
(4) Every vendor shall provide proof of a valid California driver's license, current vehicle registration, a copy of an applicable vehicle insurance policy, and personal liability and property damage insurance policy, or a certificate in lieu of delivery of actual policies, in amounts acceptable to the City Attorney. Such policies shall name the city as an additional insured.
(Code 1965, § 6802; Ord. No. 96-8)
(5) Approved vendors shall enter into a hold harmless agreement releasing the city of all liability in the event of an accident or injury resulting from the vendor's location or operations.
(Code 1965, § 6802; Ord. No. 96-8)
(6) Upon request by any person, or at the discretion of the Chief of Planning, a vendor's application may be referred to either the Zoning Administrator or Planning Commission.
(Code 1965, § 6802; Ord. No. 96-8)
(f) Operating regulations.
(1) Compliance with regulations; parking regulations.
a. Vendor motor vehicles engaged in vending upon a street or public right(s)-of-way may vend only when operating in compliance with the regulations established by this section.
(Code 1965, § 6802; Ord. No. 96-8)
b. Vendor vehicles must be brought to a complete stop and lawfully parked adjacent to the curb consistent with Vehicle Code § 22500 et seq. and the provisions of chapter 106, articles V and VI, prior to initiating vending operations. Vendors from motor vehicles shall be required to comply with all traffic rules and regulations set forth in the state Vehicle Code and the Municipal Code.
(Code 1965, § 6802; Ord. No. 96-8)
(2) Chief of Planning may impose reasonable conditions on operations. The Chief of Planning may impose reasonable conditions on vendor operations. Such conditions may include, but not be limited to:
(Code 1965, § 6802; Ord. No. 96-8)
a. Restricting days and hours of operation, contingent upon the vending location.
(Code 1965, § 6802; Ord. No. 96-8)
b. Limiting the size and scope of the activity.
(Code 1965, § 6802; Ord. No. 96-8)
c. Prescribing the size and appearance of vendor vehicles, structures, and facilities.
(Code 1965, § 6802; Ord. No. 96-8)
d. Prescribing the size, quantity, and location of signs and other advertising devices.
(Code 1965, § 6802; Ord. No. 96-8)
e. Requiring a minimum number of persons to be on duty.
(Code 1965, § 6802; Ord. No. 96-8)
f. Controlling the locations for employee and customer parking.
(Code 1965, § 6802; Ord. No. 96-8)
g. Regulating refuse collection and cleanup of the premises.
(Code 1965, § 6802; Ord. No. 96-8)
(3) Zoning Administrator's permit or use permit required. Unless a different time period is specified by a Zoning Administrator's permit or use permit as required by other provisions of this section, vendor permits are valid for a period not to exceed 12 months. A permit may be renewed for an additional period of up to 12 months each, at the discretion of the Planning Manager. No permit shall be transferable, except with the written consent of the Planning Manager.
(Code 1965, § 6802; Ord. No. 96-8; Ord. No. 02-5, § 1)
(4) Compliance with code requirements. Permits granted hereunder shall not exempt vendors, vendor motor vehicles, structures, or facilities from the requirements of the Building Code, and related health or safety codes.
(Code 1965, § 6802; Ord. No. 96-8)
(5) Business license. Every vendor shall obtain a city business license in accordance with chapter 18, article II, of this Code and comply with any other related state licensing, as applicable.
(Code 1965, § 6802; Ord. No. 96-8)
(6) Display of licenses and permits. At all times while vending, a valid city business license and other required permits shall be displayed at the vending site or on the vendor vehicle, as applicable.
(Code 1965, § 6802; Ord. No. 96-8)
(7) County Environmental Health Division consumer protection permit. A permit is required from the county Environmental Health Department in order to sell or offer food and/or beverages for sale. Such permits shall be obtained prior to and a copy submitted along with the vendor application materials required by the city.
(Code 1965, § 6802; Ord. No. 96-8)
(g) Permit revocation.
(1) Grounds for revocation. The Planning Manager may revoke a vendor's permit or modify its conditions for reasons including, but not limited to, any of the following:
(Ord. No. 02-5, § 2)
a. Falsifying any information or omitting a fact required to be supplied by the permittee upon which issuance of the permit was based.
(Ord. No. 02-5, § 2)
b. Conviction of a crime, if the crime is substantially related to the qualifications, functions, or duties of the business, profession, or trade for which the permit or license was issued.
(Ord. No. 02-5, § 2)
c. Commission of acts involving dishonesty, fraud, or deceit with the intent to substantially benefit the applicant or another, or substantially injure another.
(Ord. No. 02-5, § 2)
d. Commission of acts which would constitute a felony or which would constitute a crime if the acts are substantially related to the qualifications, functions, or duties of the business, profession, or trade for which the permit or license was issued.
(Ord. No. 02-5, § 2)
e. Violation of any zoning, health, safety, fire, police or other provision of this Code or of county, state, or federal law relating to the permitted activity which substantially affects the public health, welfare or safety.
(Ord. No. 02-5, § 2)
f. Violation of the terms and conditions of the permit or other requirements of this chapter.
(Ord. No. 02-5, § 2)
(2) Notice of revocation. Notice of revocation shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permit holder address as set forth on the application for a permit. Service shall be deemed made on the permit holder on the date personally delivered or on the date of mailing.
(Ord. No. 02-5, § 2)
(3) Request for appeal. No such revocation shall become effective until expiration of the appeal period. A permit holder may appeal such revocation to the City Manager, or his assignee, by filing a written notice of appeal with the Planning Division within ten days following the date of service of such decision. If a timely appeal is filed, the revocation shall be stayed pending the decision of the City Manager. Otherwise, the suspension or revocation shall become effective immediately upon expiration of said appeal period.
(Ord. No. 02-5, § 2)
(4) Revocation hearing. Upon receipt of a timely appeal, the City Manager, or his designee, shall hear such appeal within 20 business days following the date of such appeal and shall give the appellant not less than five days advance notice of the date of such hearing. The decision of the City Manager shall be based upon the criteria set forth in subsections (c) and (g) of this section which are applicable to the issuance or revocation of a vendor's permit. The appellant shall be notified of the decision of the City Manager, or his designee, by mailed, written notice. The decision of the City Manager, or his designee, shall be final. No revocation of a permit pursuant to this section shall be deemed effective during the pendency of a timely filed appeal until the date of mailing of the City Manager's, or his designee's, decision. Provided, however, no permit holder shall operate during any period of time in which the insurance coverage required by this section is not in full force and effect.
(Ord. No. 02-5, § 2)
(5) Summary suspension. The Planning Manager may summarily suspend the permittee's permit for one or more periods of up to one week (7 days) each, but only if the Planning Manager determines that a violation of a permit condition or other requirement of this chapter creates an imminent danger to the public health, safety or welfare, or a disturbance of the peace.
(Ord. No. 02-5, § 2)
a. A written notice of summary suspension shall state the grounds and reasons upon which the summary suspension is based, and shall be delivered to the permittee at the address stated on the application or permit at the time of the summary suspension.
(Ord. No. 02-5, § 2)
b. The notice of summary suspension shall advise the permittee that the City Manager, or his designee, will hold a hearing to affirm, modify, or overrule the summary suspension decision. The notice shall state the time and place of the hearing, which hearing shall be held not later than twenty-four hours of the time of issuance of the summary suspension.
(Ord. No. 02-5, § 2)
c. At the hearing before the City Manager, or his designee, the permittee shall be given the opportunity to present reasons why the permittee is not responsible for the violation giving rise to the summary suspension.
(Ord. No. 02-5, § 2)
d. The hearing will be conducted informally and technical rules of evidence shall not apply. Any and all other evidence which the City Manager, or his designee, deems reliable, relevant, and not unduly repetitious may be considered.
(Ord. No. 02-5, § 2)
e. At the close of the hearing, the City Manager, or his designee, shall issue an oral or written decision which either affirms, modifies, or overrules the summary suspension. The City Manager, or his designee, shall issue an oral decision upon conclusion of the hearing or may communicate the decision by telephone within twenty-four hours of the hearing and shall mail a written confirmation of the decision within five working days of the close of the hearing.
(Ord. No. 02-5, § 2)
(6) Reapplication following revocation. No person or entity whose permit is revoked shall be eligible to apply for a new permit for a period of one year following such revocation.
(Ord. No. 02-5, § 2)
Editor's note: Section 90-103(h) derived from Ord. No. 02-5, § 2, and was renumbered as 90-103(g) as set out herein above at the discretion of the editor.
Sec. 90-104. Exemptions.
The following activities shall be exempt from the provisions of this article:
(Code 1965, § 6803; Ord. No. 96-8)
(1) Sales of Christmas trees between the dates of November 25 and December 25, inclusive. A city administrative occupancy permit and business license are required;
(Code 1965, § 6803; Ord. No. 96-8)
(2) Sales of pumpkins between the dates of October 1 and October 31. A city administrative occupancy permit and business license are required;
(Code 1965, § 6803; Ord. No. 96-8)
(3) Garage sales at single or multiple family residences, provided that no more than three such sales shall occur in any six-month period at any residence.
(Code 1965, § 6803; Ord. No. 96-8; Ord. No. 02-5, § 4)
(4) Events authorized or approved under chapter 122, article IV, of this Code.
(Code 1965, § 6803; Ord. No. 96-8)
Secs. 90-105--90-130. Reserved.
ARTICLE V. NEWSRACKS
Sec. 90-131. Definitions.
Newsrack. Any self-service or coin-operated box, container, storage unit, or other dispenser installed, used, or maintained for the display and sale or distribution, with or without charge, of newspapers or news periodicals.
(Code 1965, § 6810; Ord. No. 87-15)
Permanent newsrack. Any newsrack maintained in the public right-of-way for more than 90 days.
(Code 1965, § 6810; Ord. No. 87-15)
Person. Any individual, partnership, firm, association, corporation, or other legal entity.
(Code 1965, § 6810; Ord. No. 87-15)
Public right-of-way. Land which, by deed, conveyance, agreement, easement, dedication, usage, or process of law, is reserved and dedicated to the general public for street, highway, alley, public utility, or pedestrian walkway purposes, whether or not said land has been improved or accepted for maintenance by the city. Public right-of-way includes but is not limited to the following: street, roadway, planter strip, and sidewalk.
(Code 1965, § 6810; Ord. No. 87-15)
(1) Street. All that area dedicated to public use for public street purposes, and shall include, but not be limited to, roadways, planter strips, and sidewalks.
(Code 1965, § 6810; Ord. No. 87-15)
(2) Roadway. That portion of the street which is improved, designed, or ordinarily used for vehicular traffic.
(Code 1965, § 6810; Ord. No. 87-15)
(3) Planter strip. That area between the sidewalk and the curb of any street, whether planted or not; where the sidewalk is adjacent to the curb, shall mean the area between the sidewalk and property line; and, where there is no sidewalk, shall mean that area between the edge of the roadway and the property line adjacent thereto, whether planted or not.
(Code 1965, § 6810; Ord. No. 87-15)
(4) Sidewalk. Any surface provided for the exclusive or primary use of pedestrians.
(Code 1965, § 6810; Ord. No. 87-15)
Redevelopment Area. That area specified in the City of Concord Redevelopment Plan, as such plan may be amended from time to time, and parcels 127-241-001 and 127-241-005.
(Code 1965, § 6810; Ord. No. 87-15)
Temporary newsrack. Any newsrack maintained in the public right-of-way for a trial period of up to 90 days.
(Code 1965, § 6810; Ord. No. 87-15)
Cross references: Definitions generally, § 1-10.
Sec. 90-132. Encroachment permit.
(a) Required. Prior to installation of any temporary or permanent newsrack within the public right-of-way, the person responsible for such installation, use, and/or maintenance shall apply for and secure an encroachment permit, as provided in article VII of this chapter, except that no fees or bonds shall be required. No encroachment permit shall be issued, except in conformance with this article. Any person may establish a single, master encroachment permit covering any number of newsracks within the city.
(Code 1965, § 6811; Ord. No. 87-15)
(b) Application. The encroachment permit application shall state the name, address, and telephone number of those responsible for installation, use, and maintenance of the newsracks subject to the permit, and shall describe, with particularity, the location(s) proposed for installation. Any encroachment permit shall be issued within ten working days if the type of newsrack and location(s) proposed meet the standards set forth in this article.
(Code 1965, § 6811; Ord. No. 87-15)
(c) Appeal. If an application is disapproved, in whole or in part, the Director of Public Works shall notify the applicant promptly, explaining the reasons for denial of an encroachment permit. The applicant shall have ten calendar days within which to appeal the decision to the City Council in accordance with the provisions of section 2-53 of this Code.
(Code 1965, § 6811; Ord. No. 87-15)
(d) Amendment to permit. A person securing an encroachment permit may install and maintain additional newsracks by an amendment to the permit originally granted to that person. The rules and procedures of this section shall also apply to the review and approval of any such amendment.
(Code 1965, § 6811; Ord. No. 87-15)
Sec. 90-133. Permissible types of newsracks; size and arrangement.
(a) Permanent newsracks. All permanent newsracks shall be of a multi-unit configuration, except at a location where there is only one newsrack and no other newsrack is located within 150 feet, unless separated by a street. Each permanent newsrack shall be of a standard type in trade use with tampico tan panels, except that single permanent newsracks located outside of the Redevelopment Area are not required to be a standardized color. All newsracks shall have individual cases with a display window and automatic coin return. Newsracks shall be installed in accordance with section 90-134 and pedestals and mounts shall be permanently affixed to the ground in a manner conforming to standards as established by the Director of Public Works.
(Code 1965, § 6812; Ord. No. 87-15)
(b) Temporary newsracks. Any single-unit newsrack of standard design commonly in trade use may be permitted in any single location for a period of 90 days in order to determine the suitability of longterm newsrack locations, provided that the placement of such newsrack conforms with the standards set forth in section 90-134. At least ten business days prior to locating a temporary newsrack, a completed encroachment permit application shall be submitted, including written notice of the particular location and date upon which the 90-day trial period will begin. Within ten business days after expiration of the 90-day trial period, the person maintaining the newsrack shall either cause it to be removed or submit a written request to the Public Works Director for an encroachment permit for a permanent newsrack location.
(Code 1965, § 6812; Ord. No. 87-15)
(c) Permissible size and arrangement. The height of any newsrack shall be no greater than five feet, measured from the ground to the top surface of the newsrack, except in a location where a three-foot height limit is required pursuant to section 90-134(b)(4). The compartments of multi-unit newsracks shall be placed in such a manner as to utilize no more than two horizontal rows of six compartments per row. If the demand for newsracks exceeds 12 at a single location, placement of additional newsracks which comply with all other provisions of this article may be approved by the Director of Public Works.
(Code 1965, § 6812; Ord. No. 87-15)
Sec. 90-134. Standards for placement.
(a) No newsrack shall be installed, used, or maintained in any location where such installation, use, or maintenance endangers the safety of persons or property or unreasonably interferes with public utility, public transportation, or other public use, or unreasonably interferes with or impedes the flow of pedestrians, bicyclists, wheelchairs, or vehicular traffic, or access to or from any residence, place of business, or any legally parked or stopped vehicle, or the use or visibility of traffic signs or signals, hydrants, call boxes, or mailboxes.
(Code 1965, § 6813; Ord. No. 87-15)
(b) The following standards applying to the placement of newsracks shall be considered when determining whether a proposed location meets the preceding criteria.
(Code 1965, § 6813; Ord. No. 87-15)
(1) Multi-unit newsracks shall be permanently affixed to the ground. Permanent single-unit newsracks may be permanently affixed to the ground or may be skirted and weighted in a manner preventing movement of the newsrack into the traveled right-of-way, but may not be chained to other property. Temporary newsracks shall be skirted and weighted down or, with the consent of the property owner, may be chained to other property with a noncorrosive coated chain in a manner preventing movement of the newsrack into the traveled right-of-way. In no event may any newsrack be chained or otherwise attached to a bus shelter, bench, streetlight, utility pole, or sign pole, to any other single- or multi-unit newsrack, or to any tree, shrub, or other plant, or situated upon any landscaped area.
(Code 1965, § 6813; Ord. No. 87-15)
(2) Structures shall only be placed near a curb or adjacent to the wall of a building, and shall be parallel to said curb or wall. The back of structures placed near a curb shall be no less than 18 inches nor more than 24 inches from the edge of the curb; the backs of those placed adjacent to a building wall shall be no more than six inches from the wall. No newsrack shall be located opposite another newsrack.
(Code 1965, § 6813; Ord. No. 87-15)
(3) No newsrack shall be placed, installed, used, or maintained:
(Code 1965, § 6813; Ord. No. 87-15)
a. Within three feet of any marked crosswalk;
(Code 1965, § 6813; Ord. No. 87-15)
b. Within 15 feet of the curb return of any unmarked crosswalk;
(Code 1965, § 6813; Ord. No. 87-15)
c. Within five feet of any fire hydrant, fire call box, police call box, or other emergency facility;
(Code 1965, § 6813; Ord. No. 87-15)
d. Within three feet of any driveway, building entrance, or sidewalk leading to the entrance of a building;
(Code 1965, § 6813; Ord. No. 87-15)
e. Within three feet ahead of, and five feet to the rear of, any sign marking a designated bus stop;
(Code 1965, § 6813; Ord. No. 87-15)
f. Within three feet of any bus bench;
(Code 1965, § 6813; Ord. No. 87-15)
g. At any location where the clear space for the passageway of pedestrians is reduced to less than six feet.
(Code 1965, § 6813; Ord. No. 87-15)
(4) In order to maintain adequate sight distances at street corners, in no case shall any newsrack which exceeds a height of three feet be permitted within the triangular area of a corner location formed by lines measured 40 feet from the corner along each curb and adjoining the points of those lines which are 40 feet from their intersection. In order to maintain adequate sight distance at locations where driveways give access to public streets, newsracks which exceed a height of three feet shall not be permitted within the triangular area(s) formed by a line measured 25 feet along the driveway and 25 feet along the curb adjacent to the driveway and joining points on those lines which are 25 feet from their intersection. This three-foot height limit shall be measured from the lowest curb elevation within the triangular area.
(Code 1965, § 6813; Ord. No. 87-15)
(c) The Director of Public Works may waive or modify the standards for newsrack placement contained in this article upon showing of good cause and upon his determination that placing a newsrack at the location requiring the modification would not endanger the public health or safety or unreasonably interfere with use of the public right-of-way.
(Code 1965, § 6813; Ord. No. 87-15)
Sec. 90-135. Maintenance; advertising; identification of owner.
(a) Maintenance required. Each newsrack shall be maintained in a neat and clean condition and in good repair at all times.
(Code 1965, § 6814; Ord. No. 87-15)
(b) Repair of damaged newsracks; removal upon discontinuance of use. Newsracks that have been damaged shall be replaced or repaired as soon as is practical, unless the permit holder wishes to abandon the location, in which event the permit holder shall promptly remove its newsrack or compartment, as the case may be. When use of a newsrack is permanently discontinued, it shall be removed and the location restored to its previous condition in accordance with standards established by the Director of Public Works. Use of a newsrack shall be deemed permanently discontinued when no new publication has been placed in such newsrack for a period of 30 days, except that a newsrack remaining empty due to labor strike or temporary interruption of distribution or publication shall not be deemed permanently discontinued.
(Code 1965, § 6814; Ord. No. 87-15)
(c) Advertising. No newsrack shall be used for advertising signs or publicity purposes other than one concerned with the display, sale, or distribution of the newspaper distributed from it. The name of the newspaper should be affixed to the bottom of the display window. There shall be no graphics on the sides, back, or top of permanent newsracks, except that such graphics shall be permitted on single-unit newsracks located outside of the Redevelopment Area.
(Code 1965, § 6814; Ord. No. 87-15)
(d) Identification. Every person maintaining a newsrack under the terms of this article shall have his name, address, and telephone number affixed to it in a place where such information will be readily visible and shall include, with such identification, instructions on how to receive a refund in the event of coin return malfunctions.
(Code 1965, § 6814; Ord. No. 87-15)
Sec. 90-136. Removal.
(a) Nonconforming newsracks. Newsracks which do not conform to this article, but which lawfully existed and were maintained prior to the effective date of this article, shall be removed or made to conform to the provisions of this article effective September 1, 1987.
(Code 1965, § 6815; Ord. No. 87-15)
(b) Removal authorized. A newsrack installed or maintained in violation of this article may be seized and removed by a public officer in accordance with this section 90-136. If practical, the public officer may remedy the violation by moving the newsrack to another point on the sidewalk or public right-of-way.
(Code 1965, § 6815; Ord. No. 87-15)
(c) Notice prior to removal. Before any newsrack is seized, the person responsible for its installation and maintenance shall be notified and given five business days to remedy the violation or request a hearing before the Director of Public Works. Written notice shall be sent to the address stated on the newsrack encroachment permit or on the newsrack, and an additional notice tag may be affixed to the newsrack on the date of notice. The latter notice shall be sufficient when no identification is shown on the newsrack and no permit has been issued. Prior notice of seizure shall not be required where the newsrack poses an immediate danger to pedestrians or vehicles, provided that written notice of the seizure and an opportunity to contest is given to the responsible person within five business days after the seizure.
(Code 1965, § 6815; Ord. No. 87-15)
(d) Hearing procedure. Any person notified under this section may request a hearing before the Director of Public Works by making a written request within five business days of receiving notice. The hearing shall be informal, but oral and written evidence may be given by both sides. Any action by the city with respect to the alleged violation shall be stayed pending the Director's oral or written decision following the hearing. The Director may give oral notice of the decision at the close of the hearing and shall give written notice of all decisions.
(Code 1965, § 6815; Ord. No. 87-15)
(e) Abandoned newsracks. Abandoned newsracks may be removed and disposed of if the responsible party does not, within 30 days, claim the newsrack and pay the fee for the cost of seizure as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services. Newsracks remaining empty for 30 consecutive days or not claimed within 30 days of seizure shall be deemed abandoned, except that a newsrack remaining empty due to labor strike, or a temporary interruption of distribution or publication by the newspaper sold from that newsrack, shall not be deemed abandoned.
(Code 1965, § 6815; Ord. No. 87-15)
Sec. 90-137. Liability insurance.
Each person, prior to the granting of an encroachment permit, shall furnish, to the city, a certificate showing that such person has then in force public liability and property damage insurance, naming the city as an additional insured, in an amount not less than $1,000,000.00 per person and per occurrence, combined single limit. The permit holder shall keep in force and provide evidence of that policy of public liability insurance during such time as it continues to locate any newsrack under the terms of this article. The certificate of insurance filed with the city shall include a statement by the insurance carrier that 30 days' notice will be given to the city before any cancellation.
(Code 1965, § 6816; Ord. No. 87-15)
Sec. 90-138. Indemnification of city.
Every person operating or maintaining a newsrack upon or within the public right-of-way of the city shall agree, prior to the granting of an encroachment permit, to indemnify, defend, and hold harmless the city, and its officers and employees, from any loss, liability, damage, or costs to the extent sustained by any person or property, arising from the installation, maintenance, operation, or use of such newsrack.
(Code 1965, § 6817; Ord. No. 87-15)
Secs. 90-139--90-160. Reserved.
ARTICLE VI. SIDEWALK CAFES*
__________
*Cross references: Businesses and business regulations, ch. 18.
__________
Sec. 90-161. Purpose; findings.
The purpose of this article is to encourage sidewalk cafes and set forth the conditions under which a sidewalk cafe may be permitted to operate on a public sidewalk in specified areas of the city. Seasonal use of the sidewalks adjoining food-serving establishments with the limitations set forth in this article will have a de minimis impact on parking and traffic while encouraging revitalization of the core of downtown Concord.
(Code 1965, § 6820; Ord. No. 94-9)
Sec. 90-162. Definition.
A sidewalk cafe is any group of tables and chairs and authorized decorative and accessory devices situated and maintained upon the public sidewalk for use in connection with the consumption of food and beverages sold to the public from or in an adjoining indoor food-serving establishment. Only the sale of food and beverages is allowed at sidewalk cafes.
(Code 1965, § 6821; Ord. No. 94-9)
Cross references: Definitions generally, § 1-10.
Sec. 90-163. Conditional encroachment permit required.
A sidewalk cafe may be permitted only by approval of a conditional encroachment permit to be issued by the Chief of Planning in conjunction with the Director of Public Works. The Director of Public Works and the Chief of Planning may impose such conditions as they deem necessary to assure the proposed operation meets the requirements of this article and to maintain the public safety and welfare. In considering an application for a conditional encroachment permit for a sidewalk cafe, the Director of Public Works shall submit and consider comments from the Planning Division.
(Code 1965, § 6822; Ord. No. 94-9)
Sec. 90-164. Permissible locations.
A sidewalk cafe may be permitted only on commercially zoned property and contiguous public right-of-way located within the boundaries shown in exhibit A [at the end of this article] and made a part of this section by reference.
(Code 1965, § 6823; Ord. No. 94-9)
Sec. 90-165. Allowable configurations.
A sidewalk cafe may be established by using one or more of the following configurations subject to approval by the Chief of Planning in conjunction with the Director of Public Works and taking into consideration the configurations of other established and potential sidewalk cafes within the same city block:
(Code 1965, § 6824; Ord. No. 94-9)
(1) Abutting the storefront. A sidewalk cafe may be located on the public sidewalk immediately adjacent to and abutting the associated indoor food-serving establishment provided that the area in which the sidewalk cafe is located extends no farther along the sidewalk length than the actual sidewalk frontage of the operating indoor food-serving establishment;
(Code 1965, § 6824; Ord. No. 94-9)
(2) Abutting the curbside. A sidewalk cafe may be located on the public sidewalk at least three feet from the face of the curb provided that the area in which the sidewalk cafe is located extends no farther along the sidewalk length than the actual sidewalk frontage of the operating indoor food-serving establishment;
(Code 1965, § 6824; Ord. No. 94-9)
(3) Corner parcels. If the indoor food-serving establishment is located on a corner parcel, the sidewalk cafe may also utilize the adjacent sidewalk along the side of the indoor food-serving establishment in the configurations set forth in subsections (1) and (2).
(Code 1965, § 6824; Ord. No. 94-9)
Sec. 90-166. Sidewalk clearances and furniture location requirements.
Appropriate setbacks and clearances for a sidewalk cafe shall be determined by the Chief of Planning in conjunction with the Director of Public Works in accordance with the following standards.
(Code 1965, § 6825; Ord. No. 94-9)
(1) A sidewalk cafe may be permitted only where the sidewalk is wide enough to accommodate both the usual pedestrian traffic in the area and the operation of the proposed cafe. A minimum width of six feet of sidewalk shall be kept clear and unimpeded for pedestrian traffic if the pedestrian passageway abuts the face of curb. Elsewhere, a five-foot-wide pedestrian passageway shall be maintained unless a wider clearance is deemed necessary for public safety by the Chief of Planning in conjunction with the Director of Public Works.
(Code 1965, § 6825; Ord. No. 94-9)
(2) All tables and chairs comprising a sidewalk cafe shall be set back not less than three feet from the curb face and from any sidewalk or street barrier, as determined by the Chief of Planning in conjunction with the Director of Public Works. Aisle clearances of a minimum of 44 inches shall be provided. Sidewalk cafes shall not block access to trash cans, parking meters, newspaper racks, bus stops, or other such uses of the public right-of-way.
(Code 1965, § 6825; Ord. No. 94-9)
(3) No tables or chairs or other furniture shall be placed so as to impede building ingress and egress. All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall be moveable and shall be arranged to adequately accommodate persons with disabilities including the visually impaired. Umbrellas shall be secured with a base approved by the Chief of Planning in conjunction with the Director of Public Works.
(Code 1965, § 6825; Ord. No. 94-9)
Sec. 90-167. Signs.
Signs shall be limited to a menu board and the notice required by section 90-168(2). All signs shall be reviewed and approved by the Chief of Planning.
(Code 1965, § 6826; Ord. No. 94-9)
Sec. 90-168. Service of food and beverages; alcoholic beverages.
A sidewalk cafe may serve only food and/or beverages prepared or stocked for sale at the adjoining indoor food-serving establishment. The service of alcoholic beverages within the area of the sidewalk cafe may be authorized by the conditional encroachment permit or an amendment thereto subject to prior approval by the Chief of Planning and provided that the following requirements are met:
(Code 1965, § 6827; Ord. No. 94-9)
(1) The area in which the sidewalk cafe is authorized is clearly delineated and separated from the areas of the sidewalk which will remain open to pedestrian traffic as required by the Department of Alcohol and Beverage Control;
(Code 1965, § 6827; Ord. No. 94-9)
(2) One or more signs, as required by the Department of Alcoholic Beverage Control, shall be posted during all times of operation of the sidewalk cafe which shall give notice to customers that the drinking of alcoholic beverages or the carrying of any open container which contains alcoholic beverages is prohibited and unlawful outside the delineated area of the sidewalk cafe;
(Code 1965, § 6827; Ord. No. 94-9)
(3) The sidewalk cafe operation shall be duly licensed by the Department of Alcoholic Beverage Control for consumption and service of alcoholic beverages within the area of the sidewalk cafe.
(Code 1965, § 6827; Ord. No. 94-9)
Sec. 90-169. Outdoor preparation of food; restrooms; cleanliness and removal of litter.
(a) The outdoor preparation of food is prohibited at sidewalk cafes. If the adjoining food-serving establishment is a restaurant, restrooms for the sidewalk cafe shall be provided in the adjoining indoor restaurant.
(Code 1965, § 6828; Ord. No. 94-9)
(b) The permittee shall remove all trash and litter as it accumulates. The permittee is responsible for maintaining the outdoor dining area, including the sidewalk surface and furniture and adjacent areas, in a clean and safe condition at all times. Refuse storage in the public right-of-way is prohibited.
(Code 1965, § 6828; Ord. No. 94-9)
Sec. 90-170. Days and hours of operation.
(a) Sidewalk cafes shall not open before 6:00 a.m. nor remain open past 11:00 p.m.; provided, however, that the hours of operation of the sidewalk cafe shall not extend beyond the approved hours of the adjoining indoor food-serving establishment. The hours of operation may be further restricted by the Chief of Planning in conjunction with the Director of Public Works for reasons such as proximity to residential uses. Tables, chairs, and other furniture used in operation of the sidewalk cafe shall be stored or secured in an orderly manner when the cafe is not in operation so as not to create a hazard to traffic or pedestrians.
(Code 1965, § 6829; Ord. No. 94-9)
(b) If the sidewalk cafe operates after sunset, adequate lighting shall be provided so that the furniture does not become a hazard to pedestrians. Lighting shall be approved by the Chief of Planning in conjunction with the Director of Public Works.
(Code 1965, § 6829; Ord. No. 94-9)
Sec. 90-171. Term and renewal of permit; temporary suspension of operation.
(a) A conditional encroachment permit for a sidewalk cafe may be approved for a maximum period of one year. An extension application may be filed prior to expiration of the encroachment permit and the Chief of Planning in conjunction with Director of Public Works may extend the permit for additional periods not to exceed one year each, following his approval of the cafe's operations. The encroachment permit shall not be transferable.
(Code 1965, § 6830; Ord. No. 94-9)
(b) The city reserves the right to temporarily suspend the operation of the sidewalk cafe upon seven days' notice because of anticipated or actual conflicts in the use of the sidewalk area, including but not limited to scheduled festivals, parades, and similar events, street or sidewalk repairs, or emergencies occurring in the area. Failure or inability to give prior written notice shall not affect the right and power of the city to temporarily prohibit the cafe's operation at any particular time.
(Code 1965, § 6830; Ord. No. 94-9)
Sec. 90-172. Application for permit.
An application for a sidewalk cafe conditional encroachment permit and renewals thereof shall be presented on the form provided by the Chief of Planning in conjunction with the Director of Public Works and shall be accompanied by a fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services. The applicant shall provide all information listed on the application form provided by the Chief of Planning in conjunction with the Director of Public Works including a site plan drawn to scale showing the area adjacent to the food-serving establishment including all public improvements (curb, gutters, sidewalks), dimensions from curb to the property line and to the building, all objects within this area including light standards, utility poles, trees, tree wells, trash receptacles, public and private planters, and location of the doorway to the establishment. The distance to doorways of adjacent business establishments must also be shown if they are within five feet of the side boundaries of the business. The area to be used for the sidewalk cafe shall be shown on the site plan with all dimensions and furniture locations.
(Code 1965, § 6831; Ord. No. 94-9)
Sec. 90-173. Revocation of permit; appeal.
A conditional encroachment permit may be revoked by the Chief of Planning in conjunction with the Director of Public Works upon ten days' notice to the permittee upon a finding that one or more conditions of the permit or the provisions of this article have been violated or that the sidewalk cafe is being operated in a manner which constitutes a nuisance, or that the operation of the sidewalk cafe unduly impedes, restricts, or presents a hazard to the movement of pedestrians. An aggrieved permittee may appeal the denial or revocation of a sidewalk cafe encroachment permit to the Planning Commission upon payment of a fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services. The conditions imposed by the Chief of Planning in conjunction with the Director of Public Works in approving a sidewalk cafe encroachment permit shall not be appealable.
(Code 1965, § 6832; Ord. No. 94-9)
Sec. 90-174. Liability; indemnification of city; insurance.
The permittee shall be liable for personal injury or property damage proximately caused by placement or operation of a sidewalk cafe. If any claim of liability is made against the city, its officers or employees, the permittee shall defend, indemnify, and hold them, and each of them, harmless from such claim. The permittee or property owner shall maintain in full force at all times during the term of the encroachment permit a comprehensive general liability policy of $1,000,000.00 combined single limit per occurrence for bodily injury, and property damage. The permittee or property owner shall provide a certificate of insurance and a separate endorsement to the insurance policy which names the city as an additional insured. The policy shall provide for 30 days' notice of cancellation to the city, and shall be in a form approved by the City Attorney.
(Code 1965, § 6833; Ord. No. 94-9)
EXHIBIT A. PERMISSIBLE LOCATIONS FOR SIDEWALK CAFES
GRAPHIC LINK: Exhibit A
Boundaries of area where sidewalk cafes are permissible, subject to the requirements of chapter 90, article VI of the Municipal Code.
(Code 1965, art. VI, ch. 8(2), exhibit A; Ord. No. 94-9)
Secs. 90-175--90-200. Reserved.
ARTICLE VII. STREET ENCROACHMENTS
DIVISION 1. GENERAL
Sec. 90-201. Definitions.
For the purpose of this article, the following words and phrases shall have the meanings ascribed to them as follows:
(Code 1965, § 7200; Ord. No. 687)
City. The City of Concord, a municipal corporation.
(Code 1965, § 7200; Ord. No. 687)
Encroach or encroachment. Going over, upon, under, or using any right-of-way or watercourse in such a manner as to prevent, obstruct, or interfere with its normal use, including the performance thereon of any of the following acts: (1) excavating, filling, or disturbing the right-of-way or watercourse; (2) erecting or maintaining any flag, banner, decoration, post, sign, pole, fence, guardrail, wall, loading platform, mailbox, pipe, conduit, wire, or other structure on, over, or under a right-of-way or watercourse; (3) planting any tree, shrub, grass or other growing thing within a right-of-way or watercourse; (4) placing or leaving on a right-of-way or watercourse any rubbish, brush, earth, or other material of any nature whatsoever; (5) constructing, placing, or maintaining on, over, under, or within the right-of-way any pathway, sidewalk, driveway, curb, gutter, paving, or other surface or subsurface drainage structure or facility, any pipe, conduit, wire, or cable; (6) traveling on the right-of-way by any vehicle or combination of vehicles or object of dimension, weight, or other characteristic prohibited by law without a permit; (7) lighting or building a fire; (8) constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object adjacent to a right-of-way or watercourse which causes or will cause an encroachment.
(Code 1965, § 7200; Ord. No. 687)
Encroachment agreement. An agreement between the permittee and the City for the installation, construction, creation, revision, operation, and maintenance of encroachment, including the removal of such encroachment.
(Ord. No. 02-8, § 1)
Permittee. Any person, firm, or corporation that proposes to do work or encroach upon a right-of-way or watercourse as herein defined and has been issued a permit for such encroachment by the Director of Public Works.
(Code 1965, § 7200; Ord. No. 687)
Private contract. A contract between two or more parties for the installation, construction, revision, operation, or creation of an encroachment, to which contract the city is not a party.
(Code 1965, § 7200; Ord. No. 687)
Public street. The full width of the right-of-way of any road, street, highway, alley, lane, or pedestrian walkway used by or for the general public, whether or not said road, street, highway, alley, lane, or pedestrian right-of-way has been improved or accepted for maintenance by the city, except streets and highways forming part of the state highway system.
(Code 1965, § 7200; Ord. No. 687)
Right-of-way. Land which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for and dedicated to the general public for street, highway, alley, public utility, or pedestrian walkway purposes.
(Code 1965, § 7200; Ord. No. 687)
Superintendent of Streets. The Public Works Director of the city, or his authorized agent.
(Code 1965, § 7200; Ord. No. 687)
Watercourse. A channel for the carrying of stormwater, including both natural and artificial watercourses.
(Code 1965, § 7200; Ord. No. 687)
Cross references: Definitions generally, § 1-10.
Sec. 90-202. Exemptions.
This article shall not apply to officers or employees of the city acting in the discharge of their official duties or to any work being performed by any person, firm, or corporation pursuant to a contract with the city.
(Code 1965, § 7201; Ord. No. 687)
Sec. 90-203. Restriction of use.
All permits granted subject to this article shall be subject to the right of the city, and any person or persons entitled thereto, to use any part of a public right-of-way for any purpose for which it may be lawfully used, and no part of a right-of-way may be unduly obstructed at any time.
(Code 1965, § 7202; Ord. No. 687)
Sec. 90-204. Permit required and encroachment agreement required.
(a) Permits. No person shall encroach or cause to be made any encroachment of any nature whatever within, upon, over, or under the limits of any right-of-way or watercourse; or make or cause to be made any alteration of any nature within, upon, over, or under such right-of-way or watercourse; or construct, put upon, maintain or leave thereon, or cause to be constructed, put on, maintained or left thereon, any obstruction or impediment of any nature whatsoever; or remove, cut, or trim trees thereon; or set a fire thereon; or place on, over, or under such right-of-way any pipeline, conduit, or other fixtures; or move over or cause to be moved over the surface of any right-of-way or over any bridge, viaduct, or other structure maintained by the City any vehicle or combination of vehicles or other object of dimension or weight prohibited by law or having other characteristics capable of damaging the right-of-way; or place any structure, wall, culvert, or similar encroachment, or make any excavation or embankment in such a way as to endanger the normal usage of the right-of-way or watercourse without having first obtained a permit as required by this article.
(b) Encroachment agreements. No applicant shall be granted a permit for an encroachment that is planned to continue for an indefinite period of time without first entering into an encroachment agreement with the City. No encroachment agreement shall be considered or approved if the applicant has an application for a discretionary permit, license or other entitlement pending before an approving body of the City until final action on the application has been taken by the approving body.
(Code 1965, § 7203; Ord. No. 687; Ord. No. 02-8, § 2)
Sec. 90-205. Prohibited encroachments.
The following encroachments are specifically prohibited and no applications will be accepted nor permits issued therefor:
(Code 1965, § 7204; Ord. No. 687)
(1) Construction or maintenance of a loading dock on or in a public right-of-way;
(Code 1965, § 7204; Ord. No. 687)
(2) Erection or maintenance of a post, pole, column, or structure for the support of advertising signs;
(Code 1965, § 7204; Ord. No. 687)
(3) Installation or maintenance of underground tanks, vaults, or elevators, except that underground vaults may be permitted as a part of facilities owned by public utilities;
(Code 1965, § 7204; Ord. No. 687)
(4) Erection, installation, or maintenance of posts, poles, or columns for the purpose of carrying lights intended primarily for lighting of abutting private property;
(Code 1965, § 7204; Ord. No. 687)
(5) Installation or maintenance of signs bearing flashing or moving lights, except for temporary warning signs, barricades, or flashers required for protection of the public during construction operations;
(Code 1965, § 7204; Ord. No. 687)
(6) Construction or placement of any fill, wall, pipe, column, pole, fence, tree, shrub or any other thing which would constrict and reduce the capacity of any watercourse to carry stormwater.
(Code 1965, § 7204; Ord. No. 687; Ord. No. 932)
Sec. 90-206. Emergency work.
This article shall not prevent any person from maintaining any pipe or conduit lawfully on or under any public street, or from making excavation as may be necessary for the preservation of life or property when an urgent necessity therefor arises during the hours the offices of the city are closed, except that the person making an emergency use or encroachment on a public street shall apply for a permit therefor within one calendar day after the offices of the city are again opened.
(Code 1965, § 7205; Ord. No. 687)
Sec. 90-207. Painting of paved surfaces.
It shall be unlawful for any person to apply paint or other permanent marking substance to any paved surface or curbs, except for official traffic markings made by the city or its agents and markings of underground facilities in connection with construction or maintenance work; provided, however, that home street numbers may be painted or applied to city curbs if the applicant shall first procure an encroachment permit as set forth in this article.
(Code 1965, § 7206; Ord. No. 932)
Sec. 90-208. Appeal.
Any person aggrieved by the actions of any administrative official of the city may appeal said decision to the City Council. Such appeal shall be in accordance with section 2-53 of this Code. The City Council may affirm, modify, or reverse the action of the administrative official.
(Code 1965, § 7230; Ord. No. 845)
Secs. 90-209--90-230. Reserved.
DIVISION 2. PERMITS AND FEES
Sec. 90-231. Authority to issue permits and approve encroachment agreements.
The written permits required by this article shall be issued by the superintendent of streets, subject to the provisions of this article and other applicable laws.
Encroachment agreements required by this article may be approved by the City Manager.
(Code 1965, § 7210; Ord. No. 687; Ord. No. 02-8, § 3)
Sec. 90-232. Application for permit; issuance.
(a) Application form. The Superintendent of Streets shall prescribe and provide a regular form of applications for the use of applicants for permits required by this article. The application shall show such information and details as the Superintendent of Streets may deem necessary to establish the exact location, nature, dimensions, duration, and purpose of the proposed use or encroachment.
(Code 1965, § 7211; Ord. No. 687)
(b) Exhibits. When required by the Superintendent of Streets, the application shall be accompanied by maps, sketches, diagrams, or similar exhibits to the size and in the quantity as the Superintendent of Streets may prescribe, sufficient to clearly illustrate the location, dimensions, nature, and purpose of the proposed encroachment and its relation to existing and proposed facilities in the right-of-way or watercourse.
(Code 1965, § 7211; Ord. No. 687)
(c) Consent of public agencies required. The applicant shall also enclose with, attach, or add to the application the written order or consent to any work thereunder which may be required by law to be obtained. A permit shall not be issued until and unless such order or consent is first obtained and evidence thereof filed with the Superintendent of Streets. The permittee shall keep himself adequately informed of all state and federal laws and local ordinances and regulations which in any manner affect the permit. The applicant shall at all times comply with and shall cause all his agents and employees to comply with all such laws, ordinances, regulations, decisions, and court and similar authoritative orders.
(Code 1965, § 7211; Ord. No. 687)
(d) Action on application; issuance of permit. Applications may be approved, conditionally approved, or denied. Where the Superintendent of Streets finds that the application is in accordance with the requirements of this article, he shall issue a permit for the use or encroachment, attaching such conditions as he may deem necessary for the health, safety, and welfare of the public and for the protection of the city. If the Superintendent of Streets finds the application is in conflict with the provisions of this article, he shall deny the permit, giving in writing the reasons for said denial.
(Code 1965, § 7211; Ord. No. 687)
Sec. 90-233. Form of encroachment agreement; form of permit; term; display; transfer; changes in permit or work.
(a) Form and validity. Permits must be written on a form prescribed by the Superintendent of Streets. No permit shall be valid unless signed by the Superintendent of Streets or his authorized representative. Encroachment agreements shall be in a form acceptable to the City Attorney and shall be recorded in the Office of the County Recorder.
(Code 1965, § 7212; Ord. No. 687; Ord. No. 02-8, § 4)
(b) Time limit for beginning work. The permittee shall begin the work or use authorized by a permit issued pursuant to this article within 90 days from date of issuance, unless a different period is stated in the permit. If the work or use is not begun accordingly, then the permit shall become void.
(Code 1965, § 7212; Ord. No. 687)
(c) Time limit for completion of work. The permittee shall complete the work or use authorized by a permit issued pursuant to this article within the time specified in the permit. If at any time the Superintendent of Streets finds that the delay in the prosecution of completion of the work or use authorized is due to lack of diligence on the part of the permittee, he may cancel the permit and restore the right-of-way or watercourse to its former condition. The permittee shall reimburse the city for all expenses by the Superintendent of Streets in restoring the right-of-way or watercourse.
(Code 1965, § 7212; Ord. No. 687)
(d) Display of permit.
(1) The permittee shall keep any permit issued pursuant to this article at the site of work or in the cab of a vehicle when movement thereof on a public street is involved, and the permit must be shown to any authorized representative of the Superintendent of Streets or law enforcement officer on demand.
(Code 1965, § 7212; Ord. No. 687)
(2) A permit issued for continued use or maintenance of an encroachment may be kept at the place of business of the permittee or otherwise safeguarded during the term of validity, but shall be made available to an authorized representative of the Superintendent of Streets or law enforcement officer within a reasonable time after demand therefor is made.
(Code 1965, § 7212; Ord. No. 687)
(e) Nonassignment of permits. Permits shall be issued only to the person, firm, or corporation making application therefor and may not be assigned to another person by the permittee. If any permittee assigns his permit to another, the permit shall become void.
(Code 1965, § 7212; Ord. No. 687)
(f) Changes in permit or work. No changes may be made in the location, dimension, character, or duration of the encroachment or use as granted by the permit, except upon written authorization of the Superintendent of Streets; however, the location of underground pipes or conduits smaller than six inches in diameter shall be exempt from this requirement. No permit shall be required for the continuing use or maintenance of encroachments installed by public utilities or for changes therein or thereto where such changes or additions require no excavation of the right-of-way.
(Code 1965, § 7212; Ord. No. 687)
Sec. 90-234. Fees.
(a) The schedule of fees will be those recommended by the Superintendent of Streets and established and adopted by the City Council from time to time by resolution. Before a permit is issued, the applicant shall deposit, with the city, cash or check in a sufficient sum to cover the fee for issuance of the permit, charges for field investigation, and the fee for necessary inspection, all in accordance with schedule established and adopted by the City Council.
(Code 1965, § 7213; Ord. No. 687)
(b) Public utilities may, at the Superintendent of Streets' option, make payment for the above charges as billed by the city instead of advance deposit as required above.
(Code 1965, § 7213; Ord. No. 687; Ord. No. 850)
Sec. 90-235. Bonds; insurance.
(a) Cash deposits. Unless this part is waived in the permit and before a permit is effective, the permittee shall deposit with the Superintendent of Streets, or agent authorized by resolution of the City Council, cash or a certified or cashier's check, in the sum to be fixed by the Superintendent of Streets as sufficient to reimburse the city for costs of restoring the right-of-way or watercourse to its former condition, based on the schedules, if any, adopted by resolution of the City Council; provided, however, that the permittee may file a cash deposit on an annual basis in a sum estimated by the Superintendent of Streets as sufficient to cover his activities during any 12-month period.
(Code 1965, § 7214; Ord. No. 687)
(b) Bond in lieu of cash deposit. In lieu of the cash deposit prescribed by subsection (a) above, the permittee may, upon approval by the Superintendent of Streets, file a cash deposit in the minimum sum established by the schedule, if any, adopted by the City Council and in effect at the time of application for a permit, and the balance of the sum fixed by the Superintendent of Streets as sufficient to reimburse the city expenses incurred in restoring the right-of-way or watercourse to its former condition may be filed in the form of an approved surety bond issued by a company authorized to do a general surety business in the state.
(Code 1965, § 7214; Ord. No. 687)
(c) Annual bond. In lieu of a cash deposit, the permittee may, upon approval of the Superintendent of Streets, annually file with the Superintendent of Streets an approved surety bond issued by a company authorized to do a general surety business in the state, in a sum fixed by the Superintendent of Streets as sufficient to reimburse the city for expenses to be incurred in restoring the right-of-way or watercourse to its former condition, subject to the schedules, if any, adopted by resolution of the City Council.
(Code 1965, § 7214; Ord. No. 687)
(d) Bond for continuing use. An applicant for a permit for a use or encroachment, which is to continue or remain within, under, or upon a watercourse or right-of-way of a public highway beyond the time authorized for construction or installation, shall file with the City Clerk a cash deposit or surety bond issued by a company authorized to do a general surety business in the state in a penal sum to be fixed by the Superintendent of Streets as sufficient to reimburse the city for all expenses incurred by the Superintendent of Streets in making the watercourse available for flow of stormwater or in making the right-of-way safe and convenient for the travel of the general public, subject to the schedules, if any, adopted by resolution of the City Council and in effect at the time of application for a permit.
(Code 1965, § 7214; Ord. No. 687)
(e) Additional bond or cash deposit. The Superintendent of Streets may require an additional bond or cash deposit at any time when in his opinion the amount of the bond or cash deposit previously made is insufficient, subject to the schedules, if any, adopted for that purpose by the City Council and in effect at the time of application for a permit.
(Code 1965, § 7214; Ord. No. 687)
(f) Condition of bond and cash deposit. The condition of any bond or cash deposit made pursuant to this division shall be that the permittee will diligently and with good faith comply with this article and the terms and conditions of the permit.
(Code 1965, § 7214; Ord. No. 687)
(g) Bond payable to city. Any bond or cash deposit required by the Superintendent of Streets pursuant to this article shall be payable to the city. Upon satisfactory completion of all work authorized in the permit and fulfillment of all conditions of the permit, the bond or cash deposit will be released.
(Code 1965, § 7214; Ord. No. 687)
(h) Exclusions. Cash deposits or bonds will not be required of any public utility or public agency which is authorized by law to establish or maintain any works or facilities in, under, or over any public street or right-of-way.
(Code 1965, § 7214; Ord. No. 687)
(i) Insurance. Each person or entity prior to the granting of an encroachment permit shall furnish to the city a certificate showing that such person or entity has then in force a policy of commercial general liability insurance naming the city as an additional insured in an amount of not less than $1,000,000.00 per person or per occurrence combined single limit or some other amount as shall be determined to be acceptable by the Director of Public Works and/or the City Attorney. The permittee shall keep in full force and provide evidence of such policy of insurance to the Director of Public Works during such time as the permittee is performing work in the public right-of-way for which the encroachment permit was issued.
(Code 1965, § 7214; Ord. No. 94-5)
Secs. 90-236--90-250. Reserved.
DIVISION 3. STANDARDS FOR WORK
Sec. 90-251. Liability; indemnification of city.
The permittee shall be responsible for all liability imposed by law for personal injury or property damage proximately caused by work permitted and done by the permittee under permit or proximately caused by failure on the permittee's part to perform his obligations under said permit in respect to maintenance. If any claim of such liability is made against the city, its officers, or employees, the permittee shall defend, indemnify, and hold them, and each of them, harmless from such claim insofar as permitted by law.
(Code 1965, § 7220; Ord. No. 687)
Sec. 90-252. Public safety requirements.
(a) The permittee, in the conduct of the work, use, or maintenance of an encroachment authorized by a permit issued pursuant to this article, shall provide, erect, and/or maintain such lights, barriers, warning signs, patrols, watchguards, and other safeguards as are necessary to protect the traveling public. Any omission on the part of the Superintendent of Streets to specify in the permit what lights, barriers, or other protective measures or devices [are required] shall not excuse the permittee from complying with all requirements of law and appropriate regulations and ordinances for adequately protecting the safety of those using public streets. If, at any time, the Superintendent of Streets finds that suitable safeguards are not being provided, the city may provide, erect, maintain, relocate, or remove such safeguards as are deemed necessary or may cancel the permit and restore the right-of-way to its former condition, all at the expense of the permittee.
(Code 1965, § 7221; Ord. No. 687)
(b) A permittee making any excavation or erecting or leaving any obstruction within, under, or upon the right-of-way, or causing the same to be made, erected, or left, shall place and maintain lights at each end of the excavation or obstruction at no more than 50-foot intervals along the excavation or obstruction, from one-half hour before sunset of each day to one-half hour after sunrise of the next