HomeMy Public PortalAboutTitle 13TITLE 13
STREETS & SIDEWALKS
TABLE OF CONTENTS
TITLE 13 STREETS AND SIDEWALKS .......................................................... 3
CHAPTER
13.01.010
13.01.020
13.01.030
13.01.040
13.01.050
13.01.060
13.01.080
13.01.090
13.01.100
13.01.110
13.01.120
13.01.130
13.01.140
13.01.150
13.01.160
13.01.170
13.01.180
13.01.190
13.01.200
13.01.210
13.01.220
13.01.230
13.01.240
13.01.250
13.01.260
13.01.270
13.01.280
13.01.290
13.01.300
13.01.310
13.01.320
13.01.330
13.01.340
13.01.350
13.01.360
13.01 ENCROACHMENTS ........................ 3
Definitions .............................................................................................................. 3
Permit Required .................................................................................................... 3
Appeals ................................................................................................................... 4
Application ............................................................................................................ 4
Non-acceptable Permit Applications ................................................................... 4
Hold-Harmless Agreement; Liability Insurance ................................................ 4
Issuance of Written Permits ................................................................................. 5
Refusal to Issue Permit ......................................................................................... 5
Fees ......................................................................................................................... 6
Permits Nontransferable ...................................................................................... 6
Display of Permit ................................................................................................... 6
Standards on Supervision and Inspection .......................................................... 6
Revisions ................................................................................................................ 6
Term of Permit: Completion of Work ............................................................... 6
Notice of Completion ............................................................................................ 7
Revocation of Permit ............................................................................................ 7
Emergency Work Authorization ......................................................................... 7
Traffic Safety ......................................................................................................... 7
Aids to Visibility .................................................................................................... 7
Storage of Material ............................................................................................... 7
Dust and Debris ..................................................................................................... 8
Protection of Adjoining Property ........................................................................ 8
Preservation of Monuments ................................................................................. 8
Poles and Transmission Line Carriers ................................................................ 8
Small Pipes or Rigid Conduits ............................................................................. 8
Mail Boxes .............................................................................................................. 8
Restoring Highway ................................................................................................ 9
Care of Drainage ................................................................................................... 9
Clean Up ................................................................................................................ 9
Relocation of Facilities .......................................................................................... 9
Planting and Maintenance of Trees ..................................................................... 9
Trimming or Removing Trees ........................................................................... 10
Landscaping ........................................................................................................ 10
Disclaimer of Liability ........................................................................................ 10
Violations/Infractions ......................................................................................... 10
CHAPTER
13.02.010
13.02.020
13.02.030
13.02.040
13.02 SPECIAL USES IN THE RIGHT-OF-WAY .................... 11
Definitions ............................................................................................................ 11
Permit Required .................................................................................................. 11
Minimize Impact ................................................................................................. 11
Indemnity ............................................................................................................. 11
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CHAPTER
13.03.010
13.03.020
13.03.030
13.03.040
13.03.050
13.03.060
13.03.070
13.03.080
13.03.090
13.03.100
13.03.110
13.03.120
13.03.130
13.03.140
13.03 TRANSPORTATION PERMITS ........................................ 12
Requirement of Transportation Permit ............................................................ 12
Application .......................................................................................................... 12
Definitions ............................................................................................................ 12
Bond Required .................................................................................................... 12
Fees ....................................................................................................................... 13
Permits Non-Transferable .................................................................................. 13
Display of Permit ................................................................................................. 13
Revisions .............................................................................................................. 13
Movement of Vehicles ......................................................................................... 13
Disclaimer of Liability ........................................................................................ 13
Violations/Infractions ......................................................................................... 14
Nuisance Abatement ........................................................................................... 14
Non-Exclusive Remedies .................................................................................... 14
Enforcement Official .......................................................................................... 14
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TITLE 13 STREETS AND SIDEWALKS
CHAPTER 13.01 ENCROACHMENTS
13.01.010 Definitions
For the purpose of this ordinance, the following words and phrases shall have the meanings respectively
ascribed to them by this section.
(a) Applicant. Any person making written application to the Department of Public Works for an
excavation or encroachment permit hereunder is an applicant.
(b) Town Council. Town Council of the Town of Truckee.
(c) Department. The Department of Public Works of the Town of Truckee and the authorized
representatives of the Department of Public Works.
(d) Highway. The term "highway" includes all or any part of the entire width of right-of-way of a town-
owned or maintained highway, street, road or alley and the space over it and the ground under it,
whether or not such entire area is actually used for highway purposes. If the right-of-way is by
prescription, a highway includes the area from the centerline to the top of cut, toe of fill, or ten feet
from the edge of traveled way, whichever is farther on both sides of the road, except that it does not
include the area behind a fence having existed for more than five (5) years.
(e) Encroachment. The term "encroachment" includes any tower, pole, pole line, pipe, pipeline,
driveway, private road, fence, sign, building, tree, lighting or building a fence within the right-of-
way, embankment, excavation or any structure or object of any kind or character not particularly
mentioned in this section, which is placed in, under or over any portion of the highway, or which
may cause water to back onto any portion of the highway, or which may obstruct maintenance of
or travel on the highway. It includes traveling on the right-of-way by any vehicle or combination
of vehicles or object of dimension, weight, or other characteristic prohibited by law, as specified in
Chapter 13.03 and special events, such as parades or other occupation of the Town right-of-way as
specified in Chapter 13.02.
(f) Excavation. Removal of material and any opening in the surface except an opening into a lawful
structure below the surface, the top of which is flush with the adjoining surface and so constructed
as to permit frequent openings without injury or damage to the road.
(g) Permittee. Means any person, firm, company, corporation, association, public agency or
organization that proposes to do work or encroach on a right-of-way as defined in this section and
has been issued a permit for encroachment by the Department. All obligations, responsibilities, and
other requirements of the permittee as described in this division shall be binding on subsequent
owners of the encroachment.
13.01.020 Permit Required
No person, firm, company, corporation, association, public agency nor organization shall do or cause to be
done any of the following without first obtaining a permit therefore, and complying with all conditions
thereof, and all provisions of this ordinance:
(a)
(b)
(c)
(d)
Fill or excavate in a highway.
Install, construct, cut into, improve, or remove any sidewalks, driveways, curbs, gutters, walls,
culverts, road approaches, or road surfacing, or install, repair or remove any facilities or
substructures in, on, over, or under any highway.
Place, change or renew an encroachment.
Place, or display in any Town highway, commercial advertising of any type. Any such sign or
device placed or displayed contrary to the provisions of this section is a public nuisance and the
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(e)
Department of Public Works may immediately remove it. The provisions of this section shall not
prohibit the posting of any notice required by law or by the order of any court of this State.
Plant, remove, trim, injure or destroy any tree or shrub in a highway.
13.01.030 Appeals
Any person may appeal any decision or requirement of the Director of Public Works by filing a written
appeal as provided by Chapter 2.04 of Title 2 of this Code. No work shall be done by the appellant pending
the final determination of the appeal.
13.01.040 Application
Applications for permits for performance of any of the acts stated in Section 13.01.020 hereof shall be made
in writing upon forms furnished by the Community Development Department and approved by the Director.
The form shall be filed with the Department and shall set out the following in detail where applicable:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Name and residence or business address and phone number of the applicant. Street address and
adjoining assessor parcel number to encroachment.
Name and business address for person to be hired by applicant to do the proposed work. If this
information is not known at time of application, the permittee shall provide said information to the
Department prior to start of work by the person hired to do the work.
Location, dimensions, purpose, extent and nature of the proposed encroachment.
Such other information as may be needed by the Department, such as engineering calculations, cross-
sections, profiles, etc.
The permittee shall keep himself adequately informed of all state and federal laws and local
ordinances and regulations which affect the permit.
The applicant shall also enclose with, attach to, or add to the application copies of the written order
or consent to any work under the permit, required by law, of the Code of Good Utility Practice,
sanitary districts, water districts, or any other public body having jurisdiction. A permit shall not
be issued until the order or consent, if required, is first obtained and evidence of it filed with the
Department. The permittee, at all times, shall 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; and shall sign a statement agreeing to protect and indemnify the Town and all
of its officers, agents, and employees against any claims or liability proximately caused by the
violations of any such law, ordinance, regulation, or order issued under police power and in
accordance with law, whether by himself or his agents or employees.
The applicant shall enclose with, attach or add to the application for a permit, a map, plat, sketch,
diagram, or similar exhibit, when required by the Department, of a size and in the quantity that it
may prescribe, on which shall be plainly shown all information necessary to locate, delineate,
illustrate, or identify the proposed use or encroachment and the right and necessity of the applicant
to cause an encroachment. If necessary, changes, corrections, and notes will be made on the map,
plat, sketch, diagram, or similar exhibit and these items will become an integral part of the permit.
13.01.050 Non-acceptable Permit Applications
No application will be accepted nor permit issued for erecting, using, or maintaining a post, pole, column
or structure for support for commercial advertising of any type, or make any marking other than temporary
survey or construction markings within the highway. Any such encroachment is illegal.
13.01.060 Hold-Harmless Agreement; Liability Insurance
The contractor shall execute a hold-harmless agreement with the City for all liabilities imposed by law for
personal injury or property damage proximately caused by the work herein permitted or caused by the
contractor's failure to perform the obligations under the permit. The contractor shall take out and maintain
during the life of the permit such public liability and property damage insurance as shall protect the City,
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its elective and appointive boards, officers, agents and employees and the contractor from claims for
damages for personal injury, including death, as well as from claims for property damage which may arise
from the contractor's or any subcontractor's operations under the permit whether such operations be by the
contractor or by any subcontractor or by anyone directly employed by either the contractor of any
subcontractor, and the amounts of such insurance shall be as follows:
Public liability insurance in an amount not less than $500,000 per person,
$1,000,000 per occurrence, bodily injury and death; and $250,000 per
occurrence, $500,000 aggregate for property damage.
No policies of insurance carried by the contractor shall be subject to
cancellation except after notice to the City Attorney by register mail at least
thirty days prior to the date of cancellation.
13.01.070 Bond Required
Before granting a permit under the provisions of this ordinance, the Department may require the applicant
to file with the Council security in the form of cash or a satisfactory bond payable to the Town in such
amount as the Department deems sufficient to reimburse the Town for costs of restoring the right-of-way
to its former condition.
The Department may require a new or additional bond or cash deposit at any time that evidence indicates
the amount of the bond or cash deposit previously made is insufficient to cover the cost of restoring the right-
of-way to its former condition. Any bond or cash deposit required by the Department under this division
shall be payable to the Town and shall be filed with the Department. On satisfactory completion of all work
authorized in the permit and fulfillment of all conditions of the permit, the Town Council will release the
bond or cash deposit on the expiration of ninety (90) days.
The Public Works Director may waive the provisions of this section relating to cash deposit or surety bond
for permits required under this ordinance upon satisfactory proof by certificate of insurance that permittee
is adequately insured to assure reimbursement to the Town for repair of any damage caused to Town
property.
In the event any applicant shall refuse to pay any fees, costs, or charges due under this ordinance, the
Department may, at its discretion, proceed against the surety or bond posted by the applicant pursuant to this
ordinance to collect such fees, costs, or charges. The Department may, in addition, refuse to issue any new
permits to an applicant with unpaid fees, costs, or charges due on any job.
13.01.080 Issuance of Written Permits
The written permits required by this division may be issued by the Department for any lawful use, subject
to conditions set forth in this division and required by law.
The Department may issue a single permit for any number of encroachments which are part of a single
project or single job. It may also issue annual blanket permits to utilities for routine minor work performed
by owners or employees of the permit-tee. Either permit shall become effective and shall be exercised by
notice given to the Department not less than 24 hours before work is to be commenced thereunder.
13.01.090 Refusal to Issue Permit
The Department may refuse to issue a permit to an applicant who is in default of any terms or conditions of
any prior permit issued by the Department.
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13.01.100 Fees
The schedule of fees will be those recommended by the Department and established and adopted by the
Town Council from time to time by resolution. Before a permit is issued, the applicant shall deposit with
the Community Development Department for payment to the Town, 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 the schedules established and adopted by the Town Council.
13.01.110 Permits Nontransferable
Encroachment permits issued pursuant to this ordinance are nontransferable.
13.01.120 Display of Permit
The permit'tee shall keep any permit issued under this division at the site of work, or in the cab of a vehicle
when its movement on a public highway is involved, and the permit must be shown to any authorized
representative of the Department or law enforcement officer on demand.
A permit issued for continuing 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 Department or law enforcement officer within a reasonable time after
demand.
13.01.130 Standards on Supervision and Inspection
All encroachment work done under a permit issued under this ordinance shall conform to specifications
established by the Department or in the absence of established specifications to recognized standards of
construction and approved practices in connection with such work. All encroachment repair work shall be
done subject to approval of the Department.
Unless otherwise noted on the permit, all encroachment work performed on any public highway or right-of-
way under the jurisdiction of the Town shall conform to the construction specifications contained in the
current edition of the Standard Specifications of CalTrans, as may be amended by special provisions adopted
by the Department.
No person shall prevent or obstruct any officer or employee of the Department in making any inspection
pursuant to this ordinance, nor in taking any sample or making any test.
13.01.140 Revisions
No changes shall be made in the location, dimensions, character, or duration of the encroachment or use
granted by the permit except on written authorization by the Department.
The Department may revise any permit as it deems necessary or according to a request by the permittee for
a revision acceptable to the Department by written notice. Such revision becomes effective forty-eight hours
after deposit in the United States mail or upon personal service.
13.01.150 Term of Permit: Completion of Work
The permittee shall complete the work or use authorized by a permit with the time specified in the permit.
If, at any time, the Department finds that delay in beginning, prosecuting, or completing the work or use is
due to lack of diligence by the permittee, it may cancel the permit and restore the right-of-way to its former
condition. The permittee shall reimburse the Town for all expenses incurred by the Department in restoring
the right-of-way, plus fifteen percent (15%) as administrative costs. If the work or use is not begun within
the time stated in the permit, then the permit shall become void, unless before its expiration the time for
beginning has been extended in writing by the Department.
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13.01.160 Notice of Completion
Upon completion of any work or act £or which a permit has been granted, the permittee shall notify the
Department in writing on a form prescribed by the Department. No work shall be deemed completed without
such notice.
13.01.170 Revocation of Permit
The Department may revoke any permit by notifying the permittee in writing personally delivered or
deposited in the United States mail addressed to the permittee at the address shown on the application form.
Effective
immediately upon personal delivery or forty-eight hours after deposit in the mail, the permit is void and no
work may be performed under the permit unless it is reinstated by the Department.
13.01.180 Emergency Work Authorization
This Chapter shall not prevent any person from performing emergency maintenance on any pipe or conduit
lawfully on a highway or from making an emergency use or encroachment necessary to preserve life or
property when an urgent necessity arises, except that the person making an emergency use or encroachment
of a right-of-way shall apply for a written permit within ten (10) calendar days, beginning with the first
business day the Town offices open. Any person requiring an emergency use or encroachment shall first
notify the Department. During the hours the offices are closed, notice shall be given the Police Department.
13.01.190 Traffic Safety
The permittee shall take appropriate measures to assure that, during the performance of work, traffic
conditions shall be maintained at all times as near normal as practicable so as to minimize inconvenience
to the occupants of the abutting property and to the general public. The Department may permit the closing
of a highway for specific periods of time if it is necessary, and the Department may require the permittee
to give notification to any interested persons before such closing. The permittee shall provide safe access
for each road and to each parcel of land. He shall provide watchmen, signs, barricades, railings, lights, as
specified by the State Department of Transportation "Manual of Warning Signs, Lights and Devices for Use
in Performance of Work on Highways", or any other safety devices, necessary for the safe passage of any
person or vehicle using the highway. Any omission on the part of the Department to specify in the permit
protective measures or devices shall be provided, erected, or maintained by the permittee or the fact that the
Department may not specify sufficient protective measures or devices, shall not excuse the appropriate
regulations for adequately protecting the safety of the traveling public. If, at any time, the Department finds
that suitable safeguards are not being provided, the Town may provide, erect, maintain, or relocate, the
safeguards deemed necessary or may cancel the permit and restore the right-of-way to its former condition,
all at the expense of the permittee.
13.01.200 Aids to Visibility
When the location or position of a pole or other obstruction makes accentuation of its visibility to vehicular
traffic necessary, the Department may require that the pole or other obstruction to be painted or equipped
with reflectors or other aids to visibility prescribed or authorized by the Code of Good Utility Practice or the
Department of Transportation of the State of California, at the expense of the permittee.
13.01.210 Storage of Material
No material shall be stored within five (5) feet of a public highway during the summer season or within the
shoulder or snow storage easement during the snow season as specified in Section 10.17.010 of this Code.
Excess earth materials from trenching or other operations shall be removed from the pavement, traveled way,
or shoulder as the trench is backfilled or other work carried forward unless otherwise approved by the
Department.
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13.01.220 Dust and Debris
Each permittee shall conduct and carry out work permitted hereunder in such manner as to avoid unnecessary
inconvenience and annoyance to the general public and occupants of neighboring property. The permittee
shall take appropriate measures to reduce to the fullest extent practicable in the performance of the work,
noise, dust and unsightly debris.
13.01.230 Protection of Adjoining Property
The permittee shall at all times and at his own expense preserve and protect from injury any adjoining
property by providing proper foundations, shoring, and taking other measures suitable for the purpose. The
permittee must obtain permission from the owner of private property to enter upon or do work on such
property. The permittee shall be responsible for all damage to any roads or other public or private property,
real and personal, resulting from the performance of his work.
13.01.240 Preservation of Monuments
Any monument set for the purpose of locating or preserving the lines of any road or property subdivision,
or a precise survey reference point, or a permanent survey bench mark within the Town shall not be removed
or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the
Department to do so. Before monuments, reference points and bench marks are disturbed, or removed, they
shall be tied out by a licensed surveyor or Registered Civil Engineer or under the directions of same. After
completion of the work, the monuments, reference points and bench marks shall be accurately reset at the
expense of permittee.
13.01.250 Poles and Transmission Line Carriers
Clearances and types in the construction of poles and transmission line carriers shall accord with rules,
regulations, and orders of the Code of Good Utility Practice and other public agencies having jurisdiction.
No guy wires shall be attached to trees without specific authorization in the permit, and in no event shall guy
wires be attached to girdle the tree or interfere with its growth. Guy wires shall not be below the minimum
elevation above the ground prescribed in the rules, orders, and regulations of the Code of Good Utility
Practices.
The permittee shall remove and keep clear all vegetation on the right-of-way within a radius of at least five
(5) feet of poles when requested by the Department.
When a pole, guy, stub, or similar timber is removed and not replaced, the entire length shall be removed
from the ground and the hole backfilled and compacted.
13.01.260 Small Pipes or Rigid Conduits
Utility, service, and other small diameter pipes or rigid conduits shall be jacked, bored, or driven, or
otherwise forced underneath a paved surface. The paved surface of a road shall not be cut, trenched, or
otherwise disturbed unless specifically authorized in the permit. No tunneling will be permitted except as
specifically set forth in the permit.
13.01.270 Mail Boxes
All mail boxes shall be placed in accordance with the rules and regulations of the United States Post Office
Department, but no box shall be so placed within the road right-of-way as to endanger the life or safety of
the traveling public. A permit is not required for the placing of mail boxes. The Town is not liable in the
event of damage to any box placed in the street right-of-way.
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13.01.280 Restoring Highway
Any permit issued under the provisions of this ordinance shall provide that the permittee will pay the entire
expense of replacing the highway in as good condition as before, and may provide such other conditions as
to location and the manner in which the work is to be done as the Department finds necessary for the
protection of the highway. The Department may perform such work, at its discretion, and charge the
permit-tee for all costs incurred. After completion of all work, the permit-tee shall exercise reasonable care
in inspecting and maintaining the area affected by the encroachment. On notice from the Department, the
permittee shall immediately repair any injury, damage, or nuisance in any portion of the right-of-way
resulting from the work done under the permit. If the permittee fails to act promptly or if the exigencies of
the injury or damage require repairs or replacement to be made before the permittee can be notified or can
respond to notice, the Town at its option may make the necessary repairs or replacements or perform the
necessary work and the permittee shall be charged the actual costs of labor and materials, plus fifteen percent
(15%) as administrative costs. By acceptance of the permit, the permittee agrees to comply with this section.
13.01.290 Care of Drainage
[f the work, use, or encroachment authorized in a permit interferes with the established drainage, the
permittee shall provide for proper drainage as approved by the Department.
13.01.300 Clean Up
As the excavation work progresses, all roads shall be thoroughly cleaned of all rubbish, excess earth, rock
and other debris resulting from such work. All clean-up operations at the location of such excavation shall
be accomplished at the expense of the permittee and shall be completed to the satisfaction of the Department.
From time to time, as may be ordered by the Department and, in any event, immediately after completion
of work, the permittee shall at his own expense, clean up and remove all refuse and unused materials of any
kind resulting from such work, and upon failure to do so within twenty-four (24) hours after having been
notified to do so by the Department, the work may be done by the Deparlment and the cost thereof charged
to the permittee.
13.01.310 Relocation of Facilities
Any permit issued to a public utility or other public body under the provisions of this ordinance shall contain
a provision that in the event of the future improvement of the highway, necessitating the relocation or
removal of such encroachment, the permittee will relocate or remove same at his own expense. In said event,
the Department shall serve on the permittee his written demand specifying the place or location or that the
encroachment must be removed from the highway and specifying a reasonable time within which the work
of relocation must be commenced. Permittee shall commence such relocation or removal within the time
specified in said demand and thereafter diligently prosecute the same to completion.
13.01.320 Planting and Maintenance of Trees
Applications for permits to plant trees in the right-of-way shall be made on a form prescribed by the
Department. The form shall include, in addition to the other requirements, an agreement by the applicant
to maintain the trees in a neat, healthy, and safe condition to the satisfaction of the Department, and an
agreement to remove the trees as directed by the Department and to pay the cost of removal on the
permittee's failure promptly to remove the trees on direction of the Depamnent. The application shall show
the exact location and kind of trees to be planted, and no change shall be made either in the location or kind
of trees without the written approval of the Department.
All trees placed in the right-of-way shall be maintained by the permittee or his successor in interest or by
some other interested party in a neat, healthy and safe condition to the satisfaction of the Department and
at no expense to the Town. If the encroachment is not located or maintained as specified in this section, the
Department may direct the permittee to remove the encroachment and restore the right-of-way to its former
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condition at the expense of the permittee; if the permittee fails promptly to remove the encroachment as
directed, the Department shall have the right to remove it and collect the cost of removal fi.om the permirtee,
together with all of the Town's costs and expenses in enforcing collection. The Department shall refuse to
issue a permit authorizing the planting of trees in the right-of-way when the tree and location as described
in the application or the nature of the growth above or below ground of the kind of tree proposed will impede
or inconvenience public travel, unduly disturb the right-of-way, interfere with the construction or
maintenance of necessary facilities, or interfere with the existing pipelines, utility installations, or other
facilities lawfully placed within the right-of-way.
13.01.330 Trimming or Removing Trees
Trimming of trees will be permitted only when and in the manner authorized by a permit issued under this
ordinance so that the shapeliness of the tree may be preserved.
An application for removal of a tree will be approved and permit issued only when a necessity for removal
exists. When a tree is removed under authority ora permit, the entire stump shall be taken out for a distance
of at least two feet (2') below the ground surface unless otherwise specified in the permit, and the hole shall
be removed from the site and the right-of-way restored to its former condition.
13.01.340 Landscaping
No hedge, shrub, or other planting whatever, or fence or similar structure shall be maintained across any
existing walkway in a sidewalk area or shoulder. The intent of this restriction is to keep a walkway free for
pedestrian or other lawful public travel without interference by or with vehicular travel. No encroachment
will be permitted or maintained which impedes, obstructs, or denies pedestrian or other lawful travel within
the limits of the right-of-way of a public highway or impairs adequate sight distance for safe pedestrian or
vehicular traffic.
13.01.350 Disclaimer of Liability
This ordinance shall not be construed as imposing upon the Town or any official or employee any liability
or responsibility for damages to any person injured by the performance of any work for which the permit is
issued hereunder, nor shall the Town or any official or employee thereof be deemed to have assumed any
such liability or responsibility by reason of inspections authorized hereunder, the issuance of any work
permitted hereunder.
13.01.360 Violations/Infractions
(a) Violation of the provisions of this Article shall be an infraction and upon correction thereof, there
shall be a mandatory fine imposed as follows:
1. For a first violation, a fine of one hundred dollars ($I00).
2. For a second violation of the same ordinance (section) within a twelve month
period, a fine of two hundred dollars ($200).
3. For a third or subsequent violation of the same ordinance (section) within a
twelve month period, a fine of five hundred dollars ($500).
(b)
The Community Development Department Code Enforcement Officer(s) or their designees shall be
responsible for the enforcement of this article.
Title 13-10
CHAPTER 13.02 SPECIAL USES IN THE RIGHT-OF-WAY
13.02.010 Definitions
For the purposes of this chapter, a proposed special event in the Town street is an activity requiring street
closure or would interfere with the normal flow of traffic.
13.02.020 Permit Required
It is unlawful for any person, firm or corporation to make or cause to be made, an event within the street
right-of-way which obstructs the normal flow of traffic, such as foot, bicycle, or horse races done along the
Town streets without first obtaining a permit. A written application for a permit shall be submitted on a form
provided by the Chief of Police prior to the commencement of the event. The application will include a
description of the type of event, the date and time proposed, the location, the event sponsor, and shall be
submitted at least thirty (30) days prior to the scheduled date. The Police Chief will confer with the Public
Works Director before initiating an event permit.
13.02.030 Minimize Impact
The event sponsor shall plan the proposed event to minimize the impact on traffic and public use of the street
right-of-way. The Police Chief may require additional enforcement personnel to staff road closures or
specific traffic control. The event permit may be conditioned that the event sponsor will provide traffic
control and notice along the proposed route of the event and its probable impact on adjoining properties.
Costs of additional Town personnel shall be bom by the applicant.
13.02.040 Indemnity
The sponsors of the special event shall name the Town as an additional insured on a liability policy of a
minimum of $1,000,000 and present such certificate to the Town prior to the holding of the event. Those
community events desiring the Town to underwrite the liability shall obtain approval of the Town Council
as a sponsor of the event.
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CHAPTER 13.03 TRANSPORTATION PERMITS
13.03.010 Requirement of Transportation Permit
No person, firm, company, corporation, association, public agency nor organization shall move over the
surface of any highway, or over any bridge, viaduct, or other structure maintained by the Town, any vehicle
or combination of vehicles or other object of dimension or weight prohibited by law or having other
characteristics capable of damaging the highway, without first obtaining a permit therefore, and complying
with all conditions thereof.
13.03.020 Application
Applications for a permit pursuant to Section I3.03.010 shall be made in writing upon forms furnished by
CalTrans and approved by the Director of the Department. The form shall be filed with the Public Works
Department and shall set out the following information:
(a)
(b)
(c)
Weight, height, width, length.
Route to be taken.
Number of axles of the vehicle or vehicles hauling the non-legal load.
13.03.030 Definitions
For the purpose of this Ordinance, the following words and phrases shall have the meaning respectively
ascribed to them by this Section:
(a)
(b)
(c)
Applicant: Any person making written application for an encroachment permit hereunder is an
applicant.
Highway: The term "highway" includes all or any part of the entire width of right-of-way of a Town
owned or maintained street, highway street, road or alley and the space over it and the ground under
it, whether or not such entire area is actually used for highway purposes. If right-of-way is by
prescription, a highway includes the area from the center line to the top of the cut, tow of fill, or 10
feet from the edge of traveled way, whichever is farther on both sides of the road, except that it does
not include the area behind the fence having existed for more than five years.
Encroachment: The term "encroachment" used in this particular section specifically means travelling
on the right-of-way by any vehicle or combination of vehicles or objects of dimension, weight or
othor ~haracteristic prohibited by law.
13.03.040 Bond Required
Before granting a permit under the provisions of this Ordinance, the Department may require the applicant
to file with the Town security in the form of cash or a satisfactory bond payable to the Town in such an
amount as the Public Works Department deems sufficient to reimburse the Town for costs of restoring the
right-of-way to its former condition.
The Department may require a new or additional bond or cash deposit at any time that evidence indicates
the amount of the bond or cash deposit previously made is insufficient to cover the cost of restoring the right-
of-way to its former condition. Any bond or cash deposit required by the Department under this Section
shall be payable to the Town and shall be filed with the Department on satisfactory completion of the move
over the surface of any highway or over any bridge, via-duct or other structure maintained by the Town of
the vehicle or combination of vehicles or other objects requiring the permit. Upon the fulfillment of all of
the conditions of the permit, the Town Council will release the bond or cash deposit on the expiration of
ninety (90) days.
The Department of Public Works may waive the provisions of this section relating to cash deposit or security
bond for permits required under this Ordinance upon satisfactory proof by Certificate of Insurance that
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permittee is adequately insured to assure reimbursement to the Town for repair of any damage caused to the
Town property. A certificate of insurance as provided to CalTrans shall also be considered adequate.
In the event any applicant shall refuse to pay any fees, costs, or charges due under this Ordinance, the
Department may, at its discretion, proceed against the surety or bond posted by the applicant pursuant to this
Ordinance to collect such fees, costs or charges. The Department may, in addition, refuse to issue any new
permits to an applicant with unpaid fees, costs or charges due on any job.
13.03.050 Fees
(a) The schedule of fees will be those recommended by the Public Works Department and established
and adopted by the Council from time to time by resolution.
(b) Before a permit is issued, the applicant shall deposit with the Town for payment to the Finance
Director cash or check in sufficient amount to cover the fees for the issuance ora permit, charges
for field investigation, and fee for necessary inspection, all in accordance with the schedules
established or adopted by the Board.
13.03.060 Permits Non-Transferable
Transportation permits issued pursuant to this Ordinance are non-transferable.
13.03.070 Display of Permit
The permittee shall keep any permit issued under this division in a cab of the vehicle when its movement
on a public highway is involved and the permit must be sho~vn to any authorized representative of the
Department or law enforcement officer on demand.
13.03.080 Revisions
No changes shall be made in the location, dimension, character or duration of the use granted by the permit
except on ~vritten authorization by the Public Works Department.
The Department may revise any permit as it deems necessary or according to a request by the permittee for
a revision acceptable to the Department by written notice. Such revision becomes effective 48 hours after
deposit in the United States mail or upon personal service.
13.03.090 Movement of Vehicles
When authorized by a permit to move a vehicle or combination of vehicles or loads of dimension, height or
other characteristics generally prohibited by law, the permittee, unless exempt by a special permit, shall
comply with the general law regulating travel over any road or highway, including:
(a) Posted signs or notices which limits speed or direction of travel;
(b) Weight which may be placed on a structure;
(c) The width or height that may be moved; or
(d) Other restrictions or control of traffic on a road or highway.
The permittee shall at all times conform to and abide by the practice and procedure necessary to make safe
and convenient the travel of the general public and to keep safe and preserve the road or highway over and
on which movement is being made. Any violation of this section shall automatically cancel the permit issued
to the permittee.
13.03.100 Disclaimer of Liability
This Article shall not be construed as imposing upon the Town or any official or employee any liability or
responsibility for damages to any person injured by the performance of any work for which the permit is
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issued hereunder, nor shall the Town or any official or employee thereof be deemed to have assumed any
liability or responsibility by reason of inspections authorized hereunder.
13.03.110 Violations/Infractions
Any person who violates any provision of this Chapter shall be guilty of an infraction and, upon conviction
thereof, shall be subject to mandatory fine of $100 for a first violation; $200 for a second violation of the
same ordinance (section) within a 12 month period and $500 for a third or subsequent violation of the same
ordinance (section) within a 12 month period. Every day any violation continues shall constitute a separate
offense punishable by a separate fine.
13.03.120 Nuisance Abatement
Any act in violation of any provision of this Chapter is hereby declared to constitute a public nuisance, the
maintenance or continuance of which may he abated, removed and/or enjoined by any appropriate
proceeding in the manner prescribed by law.
13.03.130 Non-Exclusive Remedies
Remedies provided hereunder are not exclusive and are in addition to any other remedy or penalty provided
by law.
13.03.140 Enforcement Official
The Public Works Director shall be the person primarily responsible for enforcing the provisions of this
Chapter. In addition, the Truckee Police Chief shall also be responsible for enforcing the provisions of this
Chapter and, to the extent any violation is designated to he an infraction, the Code Enforcement Division of
the Community Development Department is also authorized to enforce the provisions of this Chapter.
(ORD 95-11 07-06-95)
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