A. 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.

B. The application shall set forth the name and address of the applicant, the nature and description of the proposed encroachment, the location and description of the city-owned or controlled property proposed to be encroached upon, the nature of the applicant’s interest in and the location and legal description of the property in connection with which the permit is sought to be obtained, the reasons for the application, such other information, including plats, as may be required by the superintendent of streets, and the following provision: "I/We understand and agree: that any permit issued hereon shall be issued pursuant and subject to the provisions of Chapter 13.04 of the Petaluma Municipal Code, that such permit may be cancelled by the City of Petaluma, acting by and through its Superintendent of Streets, at any time, and that the encroachment must be removed within thirty (30) days after written notice; that no right, title or interest in any property owned by the City of Petaluma shall vest or accrue to me/us by reason of the issuance of such permit or exercise of the privileges given thereby; that I/we will not suffer or permit any dangerous or defective condition of property to exist in connection with exercise of the privilege; and that I/we assume and will pay for all injuries and damage to persons or property arising from or in connection with the exercise of the privilege."

C. The application shall be filed in duplicate with superintendent of streets and referred to the planning department and building department for recommendation. After such reference, the superintendent of streets is empowered, in the exercise of his discretion, to deny or withhold approval of a permit applied for if in his sound judgment exercise of the proposed permit would cause public property to be or become in a dangerous or defective condition or unreasonably endanger or interfere with public health, safety or convenience. The superintendent of streets may approve the application either as submitted or subject to such terms and conditions as he shall consider necessary for the safeguarding of life and property.

D. However, no application shall be approved for canopies, fences or railings required by Section 4406 of the Uniform Building Code to protect pedestrians while construction is in progress unless the building department has issued a building permit for the construction thereof.