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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- <br />