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Ord 1886 - Amending Section 26-6 of the Town Code Regarding Obstruction of Streets and SidewalksORDINANCE 1886 AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 26 -6 OF THE TOWN CODE REGARDING OBSTRUCTION OF STREETS AND SIDEWALKS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS: SECTION I Section 26 -6 of the Town Code is amended to read as follows: Section 26 -6 Obstruction of streets, sidewalks, Public Right -of -Way and Public Easement. A. Findings and Purpose Private improvements are often built, both knowingly and unknowingly, within the public right -of -way or within a public easement. These encroaching improvements include as an example: fences, block walls, pillars, lights, stairways, planter boxes, benches, gates and gate openers. Two undesirable results follow from allowing these private improvements to remain on the public right -of -way or on a public easement. First, they may present a public safety risk and block free access and passage on Town streets, sidewalks and public ways. Second, the progress of future projects in the public right -of -way or in a public easement may be delayed when a private improvement is found to be obstructing the work. Accordingly, the Town Council finds and declares that the purposes of this ordinance are (1) to maintain public safety; (2) to maintain access and free passage on Town streets, sidewalks and other public ways; (3) to protect the Town from the liability of private encroaching improvements; (4) to protect the Town from future delays to improvement projects resulting from these encroachments; and (5) to create an orderly process for allowing improvements which enhance community aesthetics. C16 \CNCLRPTS \PEN_COD B. Regulation of Private Improvements within the Public Right -of -Way or within a Public Easement 1. No person shall place, or cause to be placed upon a public street, sidewalk or other public way, and no person owning, occupying or having control of any premises shall suffer to remain in front thereof upon the sidewalk, street or way next to such premises, anything which shall obstruct the free passage of such street or sidewalk for more than one hour at a time. This section shall not apply to improvements approved by the Town Council for which a Revocable Encroachment Permit has been recorded. 2. A revocable encroachment permit shall be required for any existing private improvements within the public right -of -way or within a public easement. 3. No improvement shall be permitted which reduces the path of travel on a pubic sidewalk to less than the minimum required for sidewalks by Title 24 Code of Regulations of the State of California. Improvements on public sidewalks shall be placed at least 18 inches from the face of any curb where public parking occurs. 4. An applicant for a Revocable Encroachment Permit must pay all applicable fees as listed on the latest fee schedule approved by the Town Council of the Town of Los Gatos and maintain comprehensive general liability insurance covering the Town as additional insured in a form and amount satisfactory to the Town Attorney. 5. The Town Council shall have the authority to deny any application for Revocable Encroachment Permit which presents a threat to public safety or does not provide a community benefit. C. Exceptions This section shall not apply to the following: (a) Goods or merchandise in actual course of receipt, delivery or removal. (b) Lampposts or hydrants erected by permission of the Town Council. C16 \CNCLRPTS \PEN_COD 2 (c) Ornamental trees planted along the outer line of sidewalk, or within the curb, for the protection or the same. (d) Materials and structures used in the construction or repair of a building if permitted in writing by the Director of Building Services. (e) Mailbox posts which are less than one square foot thick. SECTION II This ordinance takes effect 30 days after the date it is adopted. Within 15 days after this ordinance is adopted, the Town Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the Town. This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on January 21, 1992, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council on January 21, 1992. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura Mayor Eric D. Carlson NAYS: None ABSENT: None ABSTAIN: None SIGNED: ,�..= MAYOR OF THE TOWN F LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF L GATOS LOS GATOS, CALIFORNIA C16 \CNCLRPTS \PEN_COD 3