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13.04.020
<br />D. "Public street" means the full width of the
<br />right -of -way of any road, street, highway, alley, lane or
<br />pedestrian walkway used by or for the general public
<br />whether or not said road, street highway, alley, lane or
<br />pedestrian right -of -way has been improved or accepted
<br />for maintenance by the city, except streets and highways
<br />forming part of the state highway system.
<br />E. "Public utility" means private corporations
<br />or governmental jurisdictions authorized by law to es-
<br />tablish and maintain any works or facilities in, under or
<br />over any public street. This chapter shall not be con-
<br />strued to limit the powers and duties vested by law in
<br />the Public Utilities Commission of the state, and in the
<br />event of any conflict the Public Utilities Commission's
<br />orders, rules, and regulations shall govern.
<br />F. "Right -of -way" means land which by deed,
<br />conveyance, agreement easement, dedication, usage or
<br />process of law is reserved for and dedicated to the gen-
<br />eral public for street, highway, alley, public utility, or
<br />pedestrian walkway purposes.
<br />G. "Superintendent of streets" means the city
<br />engineer of the city or authorized agent.
<br />H. "Watercourse" shall mean a channel for the
<br />carrying of stormwatcr, including both natural and arti-
<br />ficial watercourses.
<br />1. "Sidewalk decorative display" means the
<br />use of a public sidewalk for a small exhibition of mer-
<br />chandise which is offered for sale within an adjacent
<br />indoor retail establishment.
<br />J. "Sidewalk dining" means the use of a public
<br />sidewalk for the placement of tables, chairs, benches,
<br />and related items for the purpose of serving food and /or
<br />beverages in conjunction with and adjacent to an indoor
<br />restaurant, delicatessen, or ice cream/yogurt shop. (Ord.
<br />2000 § 1, 2009; Ord. 1607 § 1, 1993; Ord. 1485 § 1,
<br />1990; prior code § 5 -8.01)
<br />13.04.020 Exceptions.
<br />A. This chapter shall not apply to officers or
<br />employees of the city acting in the discharge of their
<br />official duties, or to any work being performed by any
<br />person, firm or corporation pursuant to a contract with
<br />the city.
<br />B. This chapter shall not apply to real estate
<br />company open house directional signs when such signs
<br />are placed in accordance with provisions in Section
<br />18.96.030(1). (Ord. 1362 § 1, 1988; prior code § 5 -8.02)
<br />13.04.030 Restriction of use.
<br />All permits granted subject to this chapter shall be
<br />subject to the right of the city, and any person or persons
<br />entitled thereto, to use any part of a public right -of -way
<br />(Pleasanton Stipp, No 3, 1 -10)
<br />350
<br />for any purpose for which it may be lawfully used, and
<br />no part of a right -of -way may be unduly obstructed at
<br />any time. (Prior code § 5 -8.03)
<br />13.04.040 Permit required.
<br />No person shall encroach or cause to be made any
<br />encroachment of any nature whatever within, upon, over
<br />or under the limits of any right -of -way or watercourse,
<br />or make or cause to be made any alteration of any nature
<br />within, upon, over or under the limits of any right -of-
<br />way or watercourse, or construct, put upon, maintain or
<br />leave thereon, or cause to be constructed, put on, main-
<br />tained or left thereon, any obstruction or impediment of
<br />any nature whatever, or remove, cut or trim trees
<br />thereon, or set a fire thereon, or to place on, over or un-
<br />der such right -of -way any pipeline, conduit or other fix-
<br />tures, or move over or cause to be moved over the sur-
<br />face of any right -of -way or over any bridge, viaduct, or
<br />other structure maintained by the city any vehicle or
<br />combination of vehicles or other object of dimension or
<br />weight prohibited by law or having other characteristics
<br />capable of damaging the right -of -way, or place any
<br />structure, wall, culvert, or similar encroachment, or
<br />make any excavation or embankment in such a way as to
<br />endanger the normal usage of the right -of -way or water-
<br />course without having first obtained a permit as required
<br />by this chapter, except as may be provided in Section
<br />13.04.050. (Prior code § 5 -8.04)
<br />13.04.050 Prohibited encroachments.
<br />The following encroachments are specifically pro-
<br />hibited, and no applications will be accepted nor permits
<br />issued therefor:
<br />A. Construction or maintenance of a loading
<br />dock on or in public right -of -way;
<br />B. Erection or maintenance of a post, pole, col-
<br />umn or structure for the support of advertising signs;
<br />C. Installation or maintenance of underground
<br />tanks, vaults, or elevators, except that underground
<br />vaults may be permitted as part of facilities owned by
<br />public utilities or public agencies;
<br />D. Erection, installation or maintenance of
<br />posts, poles or columns for the purpose of carrying
<br />lights intended primarily for lighting of abutting private
<br />property;
<br />E. Installation or maintenance of signs bearing
<br />flashing or moving lights, except for temporary warning
<br />signs, barricades or flashers required for protection or
<br />the public during construction operations;
<br />F. Application of paint to paved surfaces, ex-
<br />cept for official traffic markings and marking of under-
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