Municipal Code, Complete - City of Santa Barbara

Sections:
10.55.010 Issuance of Minor Encroachment
Permits.
10.55.020 Minor Encroachment Permits -
Conditions.
10.55.030 Minor Encroachment Permits -
Indemnity, Reimbursement and
Insurance.
10.55.010 Issuance of Minor Encroachment Permits.
Chapter 10.55
MINOR ENCROACHMENT PERMITS
10.55.040 Minor Encroachment Permits -
Appeals.
The Director may issue a permit or consent to conduct, maintain or operate an encroachment to, in or upon any
city street, roadway, sidewalk, parkway, parking area or facility or other City property for an encroachment which is
intermittent, minor, revocable upon 90 days notice or less, or for a single event or use. The review and issuance of
such permit or consent shall be subject to the restrictions of this Code and the Santa Barbara City Charter. The
Director shall consult with affected City Departments and other affected agencies prior to issuance of such Minor
Encroachment Permit. (Ord. 4751, 1992.)
10.55.020 Minor Encroachment Permits - Conditions.
The Director may condition the issuance of a minor encroachment permit or consent to conduct, maintain or
operate an encroachment with conditions or provisions for public safety, the protection of persons or property, the
public convenience, the accommodation of public needs, adequate traffic control, crowd control, control over litter
and noise, the cleanup and removal of all evidence of use, and such other provision or provisions as may appear to be
in the public interest. (Ord. 4751, 1992.)
10.55.030 Minor Encroachment Permits - Indemnity, Reimbursement and Insurance.
Prior to issuance of a minor encroachment permit or consent to conduct, maintain or operate an encroachment, the
Director shall, unless waived by the City Council, require the applicant to provide and maintain:
(1) An agreement to investigate, defend, indemnify and hold harmless the City, its officers, agents and
employees from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges and
expenses (including attorney's fees) and causes of action of whatsoever character which City may incur, sustain or be
subjected to on account of loss or damage to property or loss of use thereof, or for bodily injury to or death of any
persons arising out of or in any way connected with the encroachment.
(2) An agreement to reimburse the City of Santa Barbara for any costs incurred by the City to repair damage,
restore premises, or satisfy claims incurred by reason of the encroachment.
(3) A policy or policies of public liability insurance to protect against loss from liability for damages on account
of bodily injury and property damage arising from the encroachment. Such insurance shall name on the policy or by
endorsement as additional insureds, the City of Santa Barbara, its officers, employees, and agents. Unless otherwise
modified by the City's Risk Manager, such insurance shall include not less than one million ($1,000,000) dollars of
Comprehensive General Liability Insurance, including Bodily Injury and Property Damage coverage together with
such other and additional coverage as the City's Risk Manager may determine to be prudent. Insurance coverage
must be maintained for the duration of the encroachment. A copy of the policy or a certificate of insurance along
with all necessary endorsements must be filed with the City no less than five days before the encroachment permit is
issued, unless the Director, for good cause, waives the filing deadline.
(Ord. 4751, 1992.)
10.55.040 Minor Encroachment Permits - Appeals.
The decisions of the Director in connection with such minor encroachment permits or consent to conduct,
maintain or operate an encroachment may be appealed pursuant to the provisions of Section 1.030.050 of this Code.
(Ord. 4751, 1992.)
254-2 rev. 6/30/07