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Petaluma, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
PMC § 13.04.100
Permit process
PMC § 13.04.120, filed with superintendent of streets
Removal deadline
30 days after city notice
Penalty
Infraction fine under Gov. Code § 36900
Permit status
Revocable at any time, no vested right

Summary

Anyone who wants to build, place or maintain a structure on Petaluma-owned property, including sidewalks, alleys and easements, needs an encroachment permit under Petaluma Municipal Code Section 13.04.100. The application goes to the superintendent of streets, and an unauthorized encroachment left in place more than thirty days after notice is an infraction.

No person shall encroach on, in, over or under any real property, including alleys, sidewalks and easements, owned or controlled by the city, by any structure or object or any kind of character, temporary or permanent in nature, and whether such encroachment is real, personal or mixed property. ... Application for a permit to encroach on city-owned or controlled property shall be made by and in the name of the owner or of a person lawfully entitled to use the real property in connection with which the permit is sought to be obtained and shall be acknowledged by the applicant. ... Failure, neglect or refusal to remove any unauthorized encroachment within thirty days after notice by the city shall constitute an infraction punishable by a fine as set forth in California Government Code Section 36900.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 2931 NCS, passed July 6, 2026).

Full Breakdown

100 makes it unlawful to encroach on, in, over or under any city-owned or controlled real property, including alleys, sidewalks and easements, with any structure or object, temporary or permanent. 120 sets the application process: the property owner, or someone lawfully entitled to use the property, applies in the owner's name, the application is acknowledged by the applicant, and must describe the proposed encroachment, the city property involved, and the applicant's interest in the adjoining property. Applications are filed in duplicate with the superintendent of streets and referred to the planning and building departments for a recommendation; the superintendent may deny or condition the permit if the proposed encroachment would create a dangerous condition or interfere with public health, safety or convenience.

110, including legally created access from a parcel to a public street, encroachments the city itself agreed to by written contract, and those already authorized under a development approval granted under the zoning or subdivision ordinance. 150 an unauthorized encroachment left in place more than thirty days after the city's notice is declared a nuisance and an infraction, with a fine set under California Government Code Section 36900, plus the city's cost of removing it and reasonable attorney's fees if it goes to court.

Violations & Fines

Encroaching on city property, including a sidewalk or alley, without a valid permit is declared a nuisance. Failing, neglecting or refusing to remove it within thirty days of the city's notice is an infraction under California Government Code Section 36900, and the city can remove the encroachment itself, bill the responsible person for the full cost, or seek a court order compelling removal along with reasonable attorney's fees.

Frequently Asked Questions

Do I need a permit to build something on a Petaluma sidewalk or right-of-way?
Yes. Section 13.04.100 makes it unlawful to encroach on any city-owned or controlled property, including sidewalks, alleys and easements, with any structure, temporary or permanent, without an encroachment permit.
Who reviews an encroachment permit application in Petaluma?
The superintendent of streets, after the application is filed in duplicate and referred to the planning and building departments for a recommendation; the superintendent can deny or condition approval if the encroachment would create a dangerous condition.
What happens if I don't remove an unauthorized encroachment?
After thirty days from the city's written notice, an unremoved encroachment becomes an infraction punishable under California Government Code Section 36900, and the city can remove it and bill you for the cost, or go to court for an order compelling removal.
Are any encroachments exempt from needing a permit?
Yes, under Section 13.04.110: legally necessary access from a parcel to a public street, encroachments the city agreed to in writing when it acquired the property, and those already authorized through a zoning or subdivision development approval.

Sources & Official References

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