§ 1002-2.002. Definitions.

As used in this title the following words and phrases shall have the meanings given in this section:

(1)

"Public highway" means the full width of the surfaced or traveled 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 county system of public highways, except highways forming a part of the state highway system or of an incorporated city street system.

(2)

"Right-of-way" means all land or interest therein 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 road or highway purposes.

(3)

"Encroach" includes going on, over, or under, or using any right-of-way so as to prevent, obstruct, or interfere with the normal use of that way, including the performance of any of the following acts:

(A)

Excavating or disturbing the right-of-way;

(B)

Erecting or maintaining any post, sign, pole, fence, on, over, or under the right-of-way;

(C)

Planting any tree, shrub, grass, or other growing thing within the right-of-way;

(D)

Placing or leaving on the right-of-way any rubbish, brush, earth, or any material;

(E)

Constructing, placing, or maintaining on, over, under, or within the right-of-way any pathway, sidewalk, driveway, or other surfacing, any culvert or other surface drainage or subsurface drainage facility; or any pipe, conduit, or cable;

(F)

Traveling on the right-of-way by any vehicle or combination of vehicles or object of dimension, weight, or other characteristic prohibited by law without a permit;

(G)

Lighting or building a fire within the right-of-way;

(H)

Constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object adjacent to the right-of-way which causes or will cause an encroachment.

(5)

"Director" means the director of public works, who is charged with the responsibility of road commissioner and surveyor.*

(6)

"Permittee" means any person, firm, company, corporation, association, public agency, or organization that proposes to do work or encroach on a right-of-way as defined in this section and has been issued a permit for encroachment by the director. All obligations, responsibilities, and other requirements of the permittee as described in this title shall be binding on subsequent owners of the encroachment.

(Prior code § 7500: Ord. 1121: Ord. 1000).

* For director of public works as statutory office, see Section 24-22.002, this code.