El Monte, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing section
- EMMC § 12.28.020
- Permit route
- Chapter 5.12 business permit (or § 8.20.267)
- Bond/insurance
- Required; 15-day cancellation notice
- Definition threshold
- Over 30 minutes in any 24 hours
- Revocable
- Anytime for public hazard (§ 12.28.080)
- Fee
- Set under § 5.12.270(A)(11)
Summary
Anyone who wants to build, install or maintain an encroachment, a bench, sign, newsrack, or anything else left in the right-of-way for more than thirty minutes in any twenty-four-hour period, on an El Monte street, sidewalk or right-of-way must first get an encroachment permit under Chapter 12.28, processed through Chapter 5.12's business permit procedure.
No person shall construct, install, maintain or otherwise place an encroachment upon any public street, sidewalk or other public right-of-way without first obtaining an encroachment permit issued pursuant to Chapter 5.12. (Business Permits Generally) or Section 8.20.267 (Trash Bin Encroachment Permits) of the El Monte Municipal Code, whichever is applicable.
Full Breakdown
El Monte Municipal Code Section 12.28.020, in Chapter 12.28 (Encroachments), requires anyone who wants to construct, install, maintain or otherwise place an encroachment on a public street, sidewalk or right-of-way to first get an encroachment permit, processed under the business-permit procedure in Chapter 5.12 or, for trash bins specifically, under Section 8.20.267. Section 12.28.010 defines "encroachment" broadly: any bench, sign, newsrack or other real or personal property installed or maintained on public property for more than thirty minutes in any twenty-four-hour period without a permit or City Council permission.
Applicants must supply the details required by Section 12.28.040: owner name, address and phone; the exact proposed location and the abutting property owner or tenant; a description of the encroachment's type, dimensions and materials; and a disclosure of any advertising matter to be placed on it, which stays subject to the Permit Committee's continuing approval. The application fee is set under Section 5.12.270(A)(11). Government agencies are exempt from that fee under Section 12.28.050.
Before a permit issues, Section 12.28.060 requires the applicant to post and maintain a surety bond or public liability insurance approved by the City Attorney and naming the city as an additional insured, non-cancelable on less than fifteen days' written notice (street signs are exempt from this bond/insurance requirement). Every permit is temporary and revocable: Section 12.28.070 lets the Permit Committee revoke it if the encroachment isn't installed within sixty days, and Section 12.28.080 lets the City Council revoke a permit at any time it finds a public hazard or a violated condition, or after a hearing on a neighbor's complaint following at least three days' written notice. No encroachment permit may issue for a sign display prohibited under Chapter 17.80.
Violations & Fines
Placing an encroachment, a bench, sign, newsrack or similar item, in the public right-of-way without a permit under Chapter 12.28 violates Section 12.28.020 and exposes the item to removal and the owner to citation. A permit the city revokes for cause under Section 12.28.080 can trigger forfeiture of part of the posted bond, while a revocation on complaint entitles the permittee only to a prorated refund of one-fourth of the annual license fee per remaining full quarter.
Frequently Asked Questions
Do I need a permit to place a bench or newsrack on an El Monte sidewalk?
What does an El Monte encroachment permit application require?
Can the city revoke an encroachment permit?
Sources & Official References
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