Section 16-1-1 Definitions
In this chapter unless the context otherwise requires:
A. "ATSSA" means the American Traffic Safety Services Association.
B. "Encroach" or "encroachment" means going over, upon or under or using any right-of-way or water course in such manner as to prevent, obstruct or interfere with its normal use, including but not limited to the performance of any of the following acts:
1. Dig up, break, excavate, tunnel, undermine or in any manner break up or disturb the surface of any right-of-way or water course.
2. Erect or maintain any flag, banner, decoration, post, sign, pole, fence, guardrail, wall, loading platform, pipe, conduit, wire or other structure on, over or under the surface of any right-of-way or water course.
3. Place or leave any rubbish, brush, earth or other material of any nature whatsoever in any right-of-way or water course.
4. Construct, place, maintain on, over or under any right-of-way or water course any pipe, conduit, wire, cable or other fixture.
5. Move or caused to be moved over the surface of any right-of-way, or over any bridge, viaduct or other structure maintained by the Town any vehicle or combination of vehicles or other object of dimension or weight prohibited by law or having other characteristics capable of damaging such right-of-way, bridge, viaduct or other structure.
6. Lighting or building a fire in any right-of-way or water course.
7. Construct, place, plant or maintain any structure, embankment, excavation, tree or other object adjacent to a right-of-way or water course which causes or will cause an encroachment.
8. Apply paint or other marking materials to any pavement located in any right-of-way.
C. "MCSO" means the Maricopa County Sheriff’s Office
D. "MUTCD" means the Manual on Uniform Traffic Control Devices, most recent edition, as published by the Federal Highway Administration.
E. "Permittee" means any person who proposes to do work or encroach upon a right-of-way or water course as herein defined and who has been issued a permit for such encroachment by the Town.
F. "Public street" means the full width of the right-of-way of any road, street, highway, lane or pedestrian walkway used by or for the general public, whether or not the road, street, highway, alley, lane or pedestrian right-of-way has been improved or accepted for maintenance by the Town. "Public street" does not include streets and highways forming part of the state highway system.
G. "Right-of-way" means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for, dedicated to or used by the general public or the Town for street, highway, alley or pedestrian walkway purposes.
H. "Water course" means a channel for the carrying of storm water, including both natural and artificial water courses which have been by deed, conveyance, agreement, easement, dedication, usage or process of law dedicated to the Town or the general public for such purposes.
I. "Urgent necessity" means damage to any pipe or conduit that poses an immediate threat to life, property, or loss of utility service, the repair of which may not be postponed until an encroachment permit is issued without injury to persons or substantial damage to property. (13-02, Amended, 04/18/2013)