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ORDINANCE 2003 <br />ORDINANCE AMENDING CHAPTER 23 TO CONSOLIDATE <br />ENCROACHMENT PERMIT REQUIREMENTS FOR WORK AND INSTALLATIONS <br />IN THE PUBLIC RIGHT -OF -WAY AND PUBLIC PROPERTY <br />The Town Council of the Town of Los Gatos does ordain as follows: <br />SECTION I <br />The Town Council adopted Ordinance No. 1886 to address concerns regarding benches, <br />fences, and other private installations in the public right -of -way that were proliferating in the <br />Town. Such "revocable" encroachment permits required Council approval. Subsequent planning <br />and legislation has established a process for review that can be handled by Town Staff so that <br />public health and safety is protected. Therefore, this ordinance is intended to consolidate <br />encroachment permit process and requirements in one article of the Town Code and simplify the <br />system while continuing to ensure the public's right to safely use the public rights -of -way and <br />property in the Town. <br />SECTION II <br />Existing revocable encroachment permits that were issued under Section 23.10.085 shall <br />automatically be converted to conforming permits under Article III of Chapter 23, and the <br />owners of those private improvements shall be responsible for the upkeep and maintenance of the <br />improvements as specified in Article III. Notwithstanding this ordinance, the requirement for <br />insurance on each privately owned bench in the public right -of -way in the C -2 Zone shall <br />continue until the bench is removed from the public right -of -way. <br />SECTION III <br />Section 23.10.085 of the Town Code is repealed. <br />SECTION IV <br />A new Section 23.30.005 is adopted as follows: <br />