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ATTY/ORD.0006/CC ORD AMENDING MUNICIPAL CODE CHAPTER 29 – EXHIBIT A
<br />REV: 07-11-24 VR
<br />Page 2 of 16
<br />ENCROACH or ENCROACHMENT: Includes, but is not limited to, the performance of any of the acts
<br />listed herein below, in, on, under or above the surface of any City property or right-of-way, as defined
<br />in this Chapter:
<br />(1) Excavating, filling or disturbing the surface.
<br />(2) Erecting or maintaining any flag, banner, decoration, post, sign, pole, fence, guardrail, wall,
<br />loading platform, news stand, mailbox, pipe, conduit, wire or other structure.
<br />(3) Planting any tree, shrub, grass or other growing thing.
<br />(4) Placing or leaving any rubbish, brush, earth or other material of any nature whatsoever.
<br />(5) Constructing, placing, or maintaining any pipe, conduit, wire, and cable or telecommunication
<br />facility.
<br />(6) Traveling by any vehicle or combination of vehicles or object of dimension, weight or other
<br />characteristic prohibited by law without a permit.
<br />(7) Lighting or building a fire.
<br />(8) Constructing, placing, planting or maintaining any structure, embankment, excavation or other
<br />objects adjacent to a right-of-way or watercourse which causes or will cause an encroachment.
<br />(9) The application of paint or other marking materials.
<br />(10) Providing valet parking, including without limitation the establishment of a valet parking station
<br />and/or a valet parking zone or the storing of downtown business patrons' vehicles.
<br />(11) Providing, operating, or maintaining, outdoor business activity within the right-of-way.
<br />HIGHWAY: Has the same meaning as right-of-way as defined below.
<br />NEW STREET: For the purposes of this Chapter, a street is considered "new" when it is first
<br />constructed, when it is reconstructed or when it is renovated. The Community Development
<br />Director/designee shall determine the date of completion for new streets and the date each street
<br />was last reconstructed or renovated, based on the date the street was opened or reopened for traffic.
<br />OUTDOOR BUSINESS ACTIVITY: The act of a business establishment providing goods and services
<br />within the right-of-way through creation of a parklet and/or sidewalk cafe, including, but not limited
<br />to, retail, dining, and personal services, all of which are subject to City review and approval in
<br />compliance with the Outdoor Business Activity Program Guidelines as set forth in Volume III of the
<br />Engineering Standards.
<br />PARKLET: A sidewalk extension, typically installed on public parking spaces or other parts of the right-
<br />of-way that are not part of the existing sidewalk within the right-of-way, that provides more space and
<br />amenities for outdoor business activity operated and maintained by the business establishment
<br />conducting the outdoor business activity.
<br />PUBLIC PLACE: Has the same meaning as city property as defined herein.
<br />PUBLIC WAY: Has the same meaning as right-of-way as defined below.
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