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Title 12



Chapter 12.04


12.08.060 Penalty for Violation.

Any person violating any provision of this chapter is guilty of a misdemeanor and upon

conviction thereof shall be punished by a fine not to exceed five hundred dollars ($500) or by

imprisonment in the county jail for a term not to exceed six (6) months, or by both such fine and

imprisonment. Each day any violation of this chapter continues shall constitute a separate

offense punishable as provided in this section. (Prior code §11,216)

12.08.080 Excavations.

It is unlawful for any person to make any excavation on any portion of the right-of-way of any

county highway without having first obtained an encroachment permit therefor, or in violation of

any of the provisions or conditions of the permit or of this chapter.

B.A permit shall not be issued for the extraction, taking, conversion or recovery of gold, silver or

other natural elements by means of, but not limited to, digging, dredging, sluicing, planning

or electronic detection methods, from any portion of a county right- of-way, whether such

right-of-way is created by an instrument of record or by prescription. (Ord. 3429 §1, 1984:

prior code §11,221)

A. "County highway" means any road included within the maintained county highway

system, as provided in section 2121 of the Streets and Highways Code, and any road

conveyed to and accepted by the county by deed, subdivision map or other instrument

of record within the unincorporated territory of the county.

E. "Right-of-way" means all of the area between the boundaries of a road, as defined by the

instruments creating or conveying the road, and with respect to county highways created by

use, all of the area used for road purposes, including the roadbed, shoulders, drainage

ditches and fixtures, the entire surface of cuts and fills and other road appurtenances. (Prior

code §11,213)

So anyone detecting sidewalk areas, gutters, drains etc., watch out!library.

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It's weird now when we are driving, my wife and I use to call out "quartz" for every vein we saw on the shoulder cuts in roadways. Not now as we realize we can never touch them.

Oh well.

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