15.60.020 Definitions.
For purposes of this chapter:
“Asphalt concrete” or “AC” means blend of aggregate and asphalt binder meeting the specifications set forth in the city of Marina Standard Specifications and the Caltrans Standard Specifications Section 39, “Asphalt Concrete,” as amended, whichever is more stringent or as directed by the engineer.
“City” means the city of Marina.
“Encroachment” means constructing or placing temporary or permanent structures, improvements, facilities or materials in, on, over, or under any public right-of-way or using any right-of-way so as to prevent, obstruct, or interfere with the normal use of that way, including but not limited to the performance of any of the following acts:
1. Excavating or disturbing the public right-of-way;
2. Erecting or maintaining any post, sign, pole, fence, guard rail, wall, pipe, conduit, cable, wire, communication service equipment, or other facility or structure on, over, or under a public right-of-way;
3. Planting any tree, shrub, grass, or other growing thing within the public right-of-way;
4. Placing or leaving on the public right-of-way any rubbish, brush, earth, or material;
5. Constructing, placing, or maintaining on, over, under, or within a public right-of-way any pathway, sidewalk, driveway, or other surfacing; any culvert or other surface drainage or subsurface drainage facility; or any pipe, conduit, wire, communication service equipment or facility, or cable; and
6. Constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object adjacent to the public right-of-way which causes or may cause an encroachment.
“Engineer” means the city engineer or designee.
“Excavation” means any trench cuts within the public street or public right-of-way in excess of four square feet or four feet long, whichever is smaller, in order to access or install a utility line or any related facility or perform work within such public street or right-of-way.
“Facility” means any fiber optic, coaxial, or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; water line, valve or water meter; sewer line, cleanout or manhole; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible things located in, upon, above, beneath, or across any public right-of-way.
“Major defects” means any defects greater than the deficiency tolerances specified in the city, Caltrans, or individual contract standard plans and details, whichever is more stringent or as directed by the engineer.
“Permittee” means any person, contractor, utility or public agency that has been issued a permit pursuant to this chapter, including any lawful successor, transferee, or assignee of the original permittee. All obligations, responsibilities, and other requirements of the permittee shall be binding on successors in interest of the original permittee.
“Prohibition street” means a public street that has been reconstructed or resurfaced within the past three to five years (see Section 15.60.030).
“Public right-of-way” means the area in, upon, above, beneath, or across any land or interest which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for travel, and includes any public street, road, highway, freeway, bridge, lane, court, alley, boulevard, sidewalk, median, parkway, or emergency vehicle easement.
“Public street” means the full width of the surfaced or travel portion, including shoulders, of any road, street, path, lane, or alley dedicated to, reserved for, or used by or for the general public when those roads, streets, paths, lanes, and alleys have been accepted as and declared to be part of the city system of public streets.
“Utility” means any person or entity providing electricity, gas, telephone, telecommunications, water, sanitary sewer or other services to customers, and which pursuant to state law or local franchise is entitled to install its facilities in the public right-of-way. (Ord. 2023-13 § 1 (Exh. A), 2023)