[Ord. #856, § 7100]
For the purpose of establishing and designating the official
grades of the streets and alleys of the City, sea level is hereby
declared to be the datum plane of the City, and as the permanent bench
mark within the City, whose altitude above the sea level has been
ascertained, and the following is hereby adopted as the official bench
mark of the City: the top of a three inch pipe with metal cap and
having been set by the United States Geodetic Survey and known to
be solid and set opposite the Southern Pacific depot on the easterly
line thereof and within the right-of-way of the Southern Pacific Railroad,
the bench mark being the elevation of 67.0 feet above datum plane.
[Added by Ord. #1173, § 7200]
No person shall lay, construct, reconstruct, or repair in any
street or other place in the City, or in, over, or through any property
or right-of-way owned by the City, and curb, sidewalk, gutter, driveway,
graded and oiled roadway, macadamized roadway, pavement, sanitary
sewer, storm drain, or culvert, or put upon, maintain, or leave therein
any obstruction or impediment to travel, or pile or place thereon
any material without first obtaining a permit in writing so to do
from the Street Superintendent and without first obtaining the lines
and grades therefor from the City Engineer.
[Added by Ord. #1238, § 7200.1]
As used in this Chapter:
Shall mean a roadway for the purpose of providing vehicular
access from a public street or roadway into private property.
Construction. Where curbs exist along the street, no person
shall construct, maintain, or permit to exist any driveway unless
such driveway is paved with Portland cement concrete between the curb
and property line. Notwithstanding the foregoing, any driveway in
existence on March 5, 1964, which is paved with asphaltic concrete
paving material and which is in good condition need not be reconstructed
and paved with Portland cement concrete until the condition of the
asphaltic concrete pavement has deteriorated to the point where repairs
are necessary, at which time such driveway must be repaved with Portland
cement concrete.
Prohibited Driveways. No driveway shall be permitted to exist
unless it is possible for a vehicle entering such driveway to be parked
entirely upon the private property served by such driveway with no
part of the vehicle encroaching upon the public right-of-way. Where
a portion of a driveway is in violation of this section, such portion
shall be subject to the provisions of paragraph c of this subsection.
Notice to Construct. Where a driveway exists which is not paved
in accordance with the provisions of paragraph a of this subsection,
the Street Superintendent may notify the owner or person in possession
of the property served by said driveway to pave such driveway with
Portland cement concrete in accordance with the standards adopted
by resolution of the Council. When the Street Superintendent finds
that a driveway exists in violation of paragraph b of this subsection,
he may notify the owner or person in possession of the property served
by such driveway to close such driveway by reconstructing the curb,
removing the paving, and, where the sloping portion of such driveway
is joined on either end by sidewalk, to reconstruct the sidewalk in
that portion formerly occupied by the driveway.
[Added by Ord. #1173, § 7201; Ord. #1700, § 1]
a.
Permits; Applications. Any person desiring a permit to perform any
work mentioned in this section shall file a written application therefor
with the City Engineer on forms furnished by the City Engineer, which
application shall state the location, nature, and extent of the work
to be performed and such other information as the City Engineer may
require. The City Engineer may make such changes as to the location,
and extent of the work as are in his judgment necessary to prevent
undue interference with traffic or danger to the safety of persons
using same.
A permit shall be void after a period not to exceed 60 days.
However, if circumstances warrant, the City Engineer may grant more
time for work completion.
b.
Permits; Denial. The City Engineer may deny any person a permit to
do any work mentioned in this section, if that person has exhibited
unsatisfactory compliance with City codes, City ordinances, the City
Charter, or City regulations in the past.
[Added by Ord. #1173, § 7202; Ord. #1700, § 2;
Ord. #2229]
A fee shall be charged for all aforesaid street work, except
that no fee shall be charged to any governmental agency providing
the work is being done by the agency. The City Council shall from
time to time establish, by resolution, a fee for public works permits
in addition to any other deposits required for each public works permit
issued. The fees shall not be refundable. In the case of a new subdivision
or major improvement in any street or other public place within the
City, or work performed under an improvement act of the State Legislature,
the City Engineer may, in lieu of such permit fees, require the permittee
to pay to the City an amount equal to 1/2% of the involved construction
costs.
a.
Prior to the issuance of any permit to perform any work mentioned
in this section, the applicant shall also agree to indemnify, defend
and hold harmless, to the maximum extent permitted by law, the City
and its officials, officers, agents, employees and representatives,
from and against any and all liability, suits, actions, proceedings,
judgments, claims, losses, liens, damages, injuries (whether in contract
or in tort, including personal injury, accidental death or property
damage, and regardless of whether the allegations are false, fraudulent
or groundless), costs and expenses (including reasonable attorney's
fees, litigation, arbitration, mediation, appeal expenses) which in
whole or in part arise out of or are connected with, or which are
alleged to have arisen out of or to have been connected with, the
permittee's use, operation, and activity under its permit. City
may, in its sole and absolute discretion, select counsel of its choosing
to defend against any asserted liability, suit, action, proceeding,
judgment, claim, loss, lien, damage, injury, cost or expense which
is subject to indemnification obligations set forth herein. Permittee
shall be required to fully reimburse City for the legal fees and all
related litigation and expert costs of such defense.
b.
Each permittee shall obtain, pay for and maintain in full force and
effect throughout the term of the permit, an insurance policy or policies
that fully protects the City from claims and suits for bodily injury
and property damage. The insurance must be issued by an insurance
carrier which is duly qualified to engage in such insurance business
under the laws of the State of California, insuring the City, as additionally
insured, against any liability for loss resulting from the prosecution
of the work for which an application for a permit has been made and
be in the amount or amounts which the City Council shall from time
to time establish by resolution. The policy or policies must include
a signed endorsement naming the City and its officials, officers,
agents and employees as additional insured's; provide that the
permittee's insurance is primary and that no other insurance
available to the City will be called on to contribute to a loss covered
under the policy; provide that permittee's insurance applies
separately to each insured or additional insured who is seeking coverage,
or against whom a claim is made or suit is brought; and, provide at
least 30 days' advance written notice of cancellation (other
than for nonpayment of premium), termination or reduction of coverage.
The insurance must afford coverage for the permittee's use, operation
and activity, vehicles, equipment, facility representatives, agents
and employees as follows:
1.
Commercial General Liability Insurance with separate per occurrence
limits for bodily injury and property damage, and including coverage
for contractual liability; personal injury; explosion, collapse and
underground; products; and completed operations in an amount determined
by City Council resolution.
2.
Business Automobile Liability Insurance with separate per occurrence
limits for bodily injury and property damage, including rented, leased,
hired, scheduled, owned and non-owned auto coverage, as applicable,
or in a combined single limit in an amount determined by City Council
resolution.
3.
Workers' Compensation Insurance in compliance with the laws
of the State of California, and employer's liability insurance
in an amount not less than $1,000,000 per claimant.
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The insurance required herein in no way relieves or decreases
the permittee's or its agent's obligation to indemnify and
defend the City under this section. Prior to issuance of a permit,
the permittee shall furnish the City, or have on file with the City
Engineer, certificates of insurance and endorsements, in the form
and amount(s) required, evidencing all of the coverage's above.
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c.
To the extent street work is performed pursuant to a valid franchise
or agreement, which was entered into prior to the adoption of this
section and which grants the franchise holder or party to the agreement
a specific right to perform such street work within the City without
being subject to fee requirements, indemnity requirements or insurance
requirements such as those set forth herein, the street work shall
not be subject to the fee requirement, indemnity requirement or insurance
requirement set forth herein.
[1]
Editor's Note: Former subsection 20-2.4A, Schedule of Street
Work Permit Fees, previously codified herein and containing portions
of Ordinance Nos. 1792 and 1809, was repealed in its entirety by Ord.
No. 2229.
[Added by Ord. #1173, § 7203]
When, in the opinion of the Street Superintendent, the work
requires the making of special plans therefor, the Street Superintendent
shall require such plans to be prepared and submitted by the applicant.
If, in the opinion of the Street Superintendent, the proposed work
does not require the making of special plans therefor, the Street
Superintendent shall estimate the total expense which will be incurred
by the City in connection therewith and may estimate the cost of the
proposed work. The applicant shall then be required to deposit the
estimated amount of the total expense with the Street Superintendent.
The Street Superintendent may, in his discretion, require that
the applicant, before any permit is issued, file with the Street Superintendent
a good and sufficient bond, approved by the City Attorney and payable
to the City, in an amount equal to not less than 50% of the estimated
cost of the proposed work, and conditioned upon the faithful performance
of the work for which such permit is issued in accordance with such
permit and the specifications, or plans and specifications, prepared
therefor and referred to in such permit. Such bond shall be either
a cash bond, or a bond executed by the permittee and a responsible
surety company, or a bond executed by the permittee and at least two
personal sureties. In the latter case, each personal surety shall
justify before any person competent to administer an oath in double
the amount specified in the bond over and above all statutory exemptions.
The Street Superintendent may also, at his discretion, in addition
to such bond, or in lieu thereof, require a faithful performance bond
in the amount of $1,000, conditioned upon the replacement and cleaning
of the street, sidewalk, or curb to its original or better condition
after the completion of the work covered by the permit. Upon the deposit
of the estimated amount of the expense to be incurred by the City
with the Street Superintendent and upon the filing and approval of
such bond and/or bonds, the Street Superintendent shall issue the
permit.
[Added by Ord. #1173, § 7204]
All work mentioned for which a permit shall have been issued
as provided in this section shall be performed in accordance with
the specifications or standard plans adopted by the City for such
class of work, or the special plans and specifications approved therefor
by the City Engineer and referred to in the permit, and shall be performed
to the satisfaction of the Street Superintendent and under the supervision
of an inspector appointed by the Street Superintendent for such work.
[Added by Ord. #1173, § 7205]
No person shall commence any work mentioned in this section
for which a permit has been issued unless such person has made an
application in writing to the Street Superintendent for an inspection
therefor at least 24 hours before commencing such work, specifying
in such application the day and hour when, and the location at which
the work will be commenced, and until approval for commencing the
work has been given by the Inspector.
[Added by Ord. #1173, § 7206]
Whenever any permittee has completed any work under this section
the permittee shall so notify the Street Superintendent in writing.
If, after the Street Superintendent or his duly authorized representative,
has by survey or inspection, or both, found that the work has been
completed in accordance with the requirements of the permit issued
therefor and all the provisions of this section, he shall issue, if
requested by the permittee, a certificate of acceptance which shall
contain a statement of the location, nature and total amount of the
work performed under the permit.
[Added by Ord. #1173, § 7207]
After acceptance of any work done under a permit issued pursuant
to this section, the Street Superintendent shall deduct from the deposit
hereinbefore provided for, the amount of the total expense incurred
by the City in connection therewith and shall return the unexpended
portion thereof to the permittee. The decision of the Street Superintendent
as to the amount of expense incurred by the City in connection with
any work done under a permit pursuant to this section shall be final
and conclusive.
[Added by Ord. #1173, § 7208]
Any unused permit issued under the provisions of this section
shall be cancelled and the deposit made in connection therewith including
the permit fee, less the amount of any expenses already incurred by
the City on account thereof, shall be returned to the permittee upon
surrender of the permit.
No permit issued under the provisions of this section shall
be transferable except that an owner of premises in front of which
work is to be done may take a permit and do work and transfer the
right granted by said permit to a contractor engaged by him to do
the work, or to his employees working directly for him, and except
that a permit taken out by a contractor for the performance of work
shall be deemed to have been issued to any or all subcontractors working
as his agents and in performance of portions of the work covered by
the permit. Each permit shall become and be void unless the work to
be done is completed within the time specified therein or any extension
granted therefor.
[Added by Ord. #1173, § 7209]
No person to whom a permit has been granted under the provisions
of this section shall perform any of the work mentioned herein in
excess of that specified in the permit issued therefor.
[Added by Ord. #1173, § 7210]
No person performing any work under the provisions of this section
shall fail, refuse or neglect to remove all materials and debris within
three days after the completion of the work; provided, however, that
where new work is covered with earth the terms of the specifications
of the City governing such work shall control.
[Added by Ord. #1173, § 7211]
Whenever the permittees operations create a condition hazardous
to traffic or to the public, he shall furnish at his expense adequate
warning to the public of any dangerous conditions to be encountered
and he shall furnish, erect, and maintain such fences, barricades,
lights, signs and other devices as are necessary to prevent accidents
and avoid damage or injury to the public. Signs, lights, flags and
other warning and safety devices shall conform to the requirements
of the Street Superintendent as to size, type, amount used and the
placing thereof. The permittee shall assume full responsibility for
all accidents which may occur due to vehicles or pedestrians crossing
or entering the area for which the permit was issued until all improvements
have been completed and all surfaces restored and accepted by the
Street Superintendent.
[Added by Ord. #1177, § 7212]
No person shall do any of the following acts:
a.
Drain water or permit water to be drained from his lands onto any
street or alley by any means which result in damage to the street
or alley or a hazard to public travel;
b.
Obstruct any natural watercourse so as to:
1.
Prevent, impede, or restrict the natural flow of water from any street
or alley into and through such watercourse, unless other adequate
and proper drainage is provided;
2.
Cause water to be impounded within any street or alley to the damage
of such street or alley;
3.
Cause interference with, or damage or hazard to, public travel;
c.
Store or distribute water for any purpose so as to permit it to overflow
onto, to saturate by seepage, or to obstruct any street to the damage
of such street, or so as to constitute a hazard to public travel;
d.
Flush any water hydrant or water main to the extent of causing damage
to any street; or
e.
Flush any water hydrant or water main to the extent of causing a
hazard to public travel without first erecting adequate traffic signs
or barricades warning the public of the existing hazard.
[Added by Ord. #1286, § 7300]
As used in this section:
Shall mean the Street Superintendent.
Shall mean any opening in the surface of a public place made
in any manner whatsoever, except an opening into a lawful structure
below the surface of a public place, the top of which is flush with
the adjoining surface and so constructed as to permit frequent openings
without injury or damage to the public place.
Shall mean pipe, pipeline, tube, main, service, trap, vent,
vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower,
pole, pole line, anchor, cable, junction box, transformer, or any
other material, structure, or object of any kind or character, whether
enumerated herein or not, which is or may be lawfully constructed,
left, placed, or maintained in, upon, along, across, under, or over
any public place.
Shall mean any public place, street, way, alley, sidewalk,
park, square, plaza, or any other similar public property owned or
controlled by the Administrative Authority and dedicated to public
use.
Shall mean any pipe, conduit, duct, tunnel, manhole, vault,
buried cable, wire, or any other similar structure located below the
surface of any public place.
Shall mean a private company and/or corporation or municipal
department engaged in providing a particular service to the general
public.
[Added by Ord. #1286, § 7300.1]
No person shall make any excavation in, along, or under the
surface of any street, or other public place in the City, or dig in,
plow up, tear up, fill, cover, disturb, or change any portion of the
same, or permit to be constructed, put upon, maintained, or left therein
any obstruction or impediment to travel, or pile or place thereon
any material without first obtaining a written permit therefor, which
permit shall be issued by the Street Superintendent upon compliance
by the applicant for the same with the requirements therefor set forth
in this section.
[Added by Ord. #1286, § 7300.2]
No excavation permit shall be issued unless a written application
(on a form provided by the Administrative Authority) for the issuance
of an excavation permit is submitted to the Administrative Authority.
The written application shall state the name and address and principal
place of business of the applicant, the authority of the applicant
to occupy the public place for which the permit is sought, the location
and dimensions of the installation or removal, the approximate size
of the excavation to be made, the purpose of the facility, and the
approximate time which will be required to complete such work, including
backfilling such excavation and removing all obstructions, material,
and debris. An extension of time may be granted by the Administrative
Authority for good and sufficient reasons. The application, when approved
and signed by the Administrative Authority, shall constitute a permit.
Notwithstanding the provisions of this subsection, the Administrative
Authority may, at his discretion, issue a blanket permit to:
a.
Public utilities regulated by the Public Utilities Commission of
the State;
b.
A person holding a franchise from the City; or
c.
The Water Department of the City to make excavations not exceeding
two feet in width by four feet in length prior to the filing of the
application referred to in this subsection; provided, however, an
application for such permit shall be filed for each such excavation
in not more than 10 days after such excavation.
[Added by Ord. #1286, § 7300.3]
A permit fee shall be charged by the Administrative Authority
for the issuance of an excavation permit. Such fees shall be in accordance
with a schedule thereof from time to time in effect as established
by resolution of the Council.
[Ord. #1792, § 2; Ord. #1809, § 3]
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Basic fee
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$20
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Plus $1 per square yard
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[Added by Ord. #1286, § 7300.4; Amended by Ord.
#1402]
Prior to the issuance of any permit to perform any work mentioned
in this section, the applicant shall also file with the Street Superintendent
a certificate of insurance, issued by an insurance carrier which is
duly qualified to engage in such insurance business under the laws
of the State, insuring the City, as coinsured, against any liability
for loss resulting from the prosecution of the work for which an application
for a permit has been made in the following amounts: $1,000,000 for
injury to any one person arising out of any one occurrence and $1,000,000
for injury to more than one person arising out of any one occurrence
and $1,000,000 for property damage arising out of any one occurrence;
provided however, such certificate of insurance may be waived by the
Administrative Authority for work to be done between the curb and
the property line of any street upon satisfactory evidence that the
work can be performed without constituting a hazard to the public;
and provided, further, that public utilities operating under the supervision
of the Public Utilities Commission, public utilities holding a franchise
from the City, City departments, and other governmental agencies may
be relieved of the obligation of submitting such a certificate of
insurance by the Administrative Authority.
[Added by Ord. #1286, § 7300.6]
a.
Special Deposits. The application for an excavation permit to perform
excavation work under this section shall be accompanied by a cash
deposit, made to the Administrative Authority for deposit with the
City Treasurer, in accordance with the adopted rate schedule of the
Administrative Authority. In lieu of such cash deposit, the applicant
may file with the Administrative Authority a surety bond in such amount
as shall be determined by the Administrative Authority and conditioned
upon the permittee's compliance with all of the terms and conditions
of this section.
b.
Purposes. Any special deposit made hereunder shall serve as security
for the repair and performance of the work necessary to put the public
place in as good a condition as it was prior to the excavation if
the permittee fails to make the necessary repairs or to complete the
proper refilling of the opening and the excavation work under the
excavation permit.
c.
Refunds of Special Deposits. Upon the permittee's completion
of the work covered by such permit in conformity with this section
as determined by the Administrative Authority, 2/3 of such special
deposit shall be promptly refunded by the City to the permittee, and
the balance shall be refunded by the City to the permittee upon the
expiration of a 24 months' period.
d.
Use of Deposits. The Administrative Authority may use any or all
of any such deposits to pay the cost of any work the Administrative
Authority performs to restore or maintain the public place as herein
provided in the event the permittee fails to perform such work, in
which event the amount refunded to the permittee shall be reduced
by the amount thus expended by the Administrative Authority.
e.
Public Utility Companies. Where excavations are made by public utility
companies operating under a franchise issued by the City, or under
the supervision of the Public Utilities Commission, or utilities operated
by governmental agencies, a permit may be granted without making such
deposit. In such cases the utilities shall be liable for the actual
cost of any work required to be done by the Administrative Authority
in restoring the area covered by such excavation to as good condition
as the same was in before such work was done; provided, however, the
Administrative Authority may, in the future, require such deposit
from any such utility if a bill rendered in accordance with this subsection
remains unpaid 30 days after the date of billing.
f.
Protective Measures and Routing of Traffic. It shall be the duty
of every person cutting or making an excavation in or upon any public
place to place and maintain barriers and warning devices necessary
for the safety of the general public.
Barriers, warning signs, lights, etc., shall conform to the
requirements of the Administrative Authority. Warning lights shall
be electrical markers or flashers used to indicate a hazard to traffic
from sunset of each day to sunrise of the next day.
Electrical markers or flashers shall emit light at sufficient
intensity and frequency to be visible at a reasonable distance for
safety. Reflectors or reflecting material may be used to supplement,
but not replace, light sources. The Administrative Authority may restrict
the use of lanterns or open flame devices.
The permittee shall take appropriate measures to assure that,
during the performance of the excavation work, traffic conditions
as near normal as possible shall be maintained at all times so as
to minimize inconvenience to the occupants of the adjoining property
and to the general public.
When traffic conditions permit, the Administrative Authority
may, by written approval, permit the closing of streets and alleys
to all traffic for a period of time prescribed by him if, in his opinion,
it is necessary. The written approval of the Administrative Authority
may require that the permittee give notification to various public
agencies and to the general public. In such cases such written approval
shall not be valid until such notice is given.
Warning signs shall be placed far enough in advance of the construction
operation to alert traffic within a public street, and cones or other
approved devices shall be placed to channel traffic in accordance
with the instructions of the Administrative Authority.
[Added by Ord. #1286, § 7300.7]
The excavation work shall be performed and conducted so as not
to interfere with access to fire hydrants, fire stations, fire escapes,
water gates, underground vaults, valve housing structures, and all
other vital equipment as designated by the Administrative Authority.
[Added by Ord. #1286, § 7300.8]
The permittee shall maintain safe crossings for two lanes of
vehicle traffic at all street intersections where possible and safe
crossings for pedestrians at intervals of not more than 300 feet.
If any excavation is made across any public street, alley, or sidewalk,
adequate crossings shall be maintained for vehicles and for pedestrians.
If the street is not wide enough to hold the excavated material without
using part of the adjacent sidewalk, a passageway at least 1/2 of
the sidewalk width shall be maintained along such sidewalk.
[Added by Ord. #1286, § 7300.9]
The permittee shall not interfere with any existing facility
without the written consent of the Administrative Authority and the
owner of the facility. If it becomes necessary to relocate an existing
facility, this shall be done by its owner. No facility owned by the
City shall be moved to accommodate the permittee unless the cost of
such work shall be borne by the permittee. The cost of moving privately-owned
facilities shall be similarly borne by the permittee unless he makes
other arrangements with the person owning the facility. The permittee
shall support and protect by timbers or otherwise all pipes, conduits,
poles, wires, or other apparatus which may be in any way affected
by the excavation work and shall do everything necessary to support,
sustain, and protect them under, over, along, or across such work.
The permittee shall secure approval of the method of support and protection
from the owner of the facility. In the event any of such pipes, conduits,
poles, wires, or apparatus should be damaged, and for this purpose
pipe coating or other encasement or devices are to be considered as
part of a substructure, the permittee shall promptly notify the owner
thereof. All damaged facilities shall be repaired by the agency or
person owning them, and the expense of such repairs shall be charged
to the permittee. It is the intent of this subsection that the permittee
shall assume all liability for damages to facilities and any resulting
damage or injury to anyone because of such facility damage, and such
assumption of liability is a contractual obligation of the permittee.
The only exception will be such instances where damage is exclusively
due to the negligence of the owning utility. The City shall not be
made a party to any action because of this subsection. The permittee
shall inform itself as to the existence and location of all underground
facilities and protect the same against damage.
[Added by Ord. #1286, § 7300.10]
Whenever the use of a substructure is abandoned, except the
abandonment of service lines designed to serve single properties,
the person owning, using, controlling, or having an interest therein
shall, within 30 days after such abandonment, file with the Administrative
Authority a statement in writing giving in detail the location of
the substructure so abandoned. If such abandoned substructure is in
the way, or subsequently becomes in the way, of an installation of
the City or any other public body, which installation is pursuant
to a governmental function, the owner shall remove such abandoned
substructure or pay the cost of its removal during the course of the
excavation for the construction of the facility by the City or any
other public body.
[Added by Ord. #1286, § 7300.11]
The permittee shall at all times, and at his own expense, preserve
and protect from injury any adjoining property by providing proper
foundations and taking other measures suitable for the purpose. Where,
in the protection of such property, it is necessary to enter upon
private property for the purpose of taking appropriate protecting
measures, the permittee shall obtain a license from the owner of such
private property for such purpose. The permittee shall, at its own
expense, shore up and protect all buildings, walls, fences, or other
property likely to be damaged during the progress of the excavation
work and shall be responsible for all damages to public or private
property or highways resulting from his failure to properly protect
and carry out such work. Whenever it may be necessary for the permittee
to trench through any lawn area, such area shall be reseeded or the
sod shall be carefully cut and rolled and replaced after ditches have
been backfilled as required in this section. All construction and
maintenance work shall be done in a manner calculated to leave the
lawn area clean of earth and debris and in a condition as nearly as
possible to that which existed before such work began. The permittee
shall not remove, even temporarily, any trees or shrubs which exist
in parking strip areas without first obtaining the consent of the
appropriate City department or City official having control of such
property.
[Added by Ord. #1286, § 7300.12]
Any material excavated from trenches and piled adjacent to the
trench or in any street shall be piled and maintained in such manner
as not to endanger those working in the trench, pedestrians, or users
of the streets and so that as little inconvenience as possible is
caused to those using streets and adjoining property. Where the confines
of the area being excavated are too narrow to permit the piling of
excavated material beside the trench, the Administrative Authority
shall have the authority to require that the permittee haul the excavated
material to a storage site and then rehaul it to the trench site at
the time of backfilling. It shall be the permittee's responsibility
to secure the necessary permission and make all necessary arrangements
for all required storage and disposal sites.
All trench and tunnel excavations and construction shall conform
with the safety requirements for shoring, bracing, and ladders in
trenches in accordance with the "Trench and Tunnel Construction Safety
Orders" of the State as they now or may hereafter exist.
All materials excavated shall be laid compactly along the side
of the trench and kept trimmed so as to cause as little inconvenience
as reasonably possible to vehicular and pedestrian traffic, or as
specified by the Administrative Authority. Whenever necessary, in
order to expedite the flow of traffic or to abate the dirt or dust
nuisance, toe boards or bins may be required by the Administrative
Authority to prevent the spreading of dirt into traffic lanes.
[Added by Ord. #1286, § 7300.13]
As the excavation work progresses, all streets shall be thoroughly
cleaned of all rubbish, excess earth, rock, and other debris resulting
from such work. All cleanup operations at the location of such excavation
shall be accomplished at the expense of the permittee and shall be
completed to the satisfaction of the Administrative Authority. From
time to time, as may be ordered by the Administrative Authority and
in any event immediately after completion of such work, the permittee
shall, at his own expense, clean up and remove all refuse and unused
materials of any kind resulting from such work, and, upon failure
to do so within 24 hours after having been notified to do so by the
Administrative Authority, such work may be done by the Administrative
Authority and the cost thereof charged to the permittee, and the permittee
shall also be liable for the cost thereof under the surety bond provided
hereunder.
[Added by Ord. #1286, § 7300.14]
The permittee shall maintain all gutters free and unobstructed
for the full depth of the adjacent curb and for at least one foot
in width from the face of such curb at the gutter line. Whenever a
gutter crosses an intersecting street, an adequate waterway shall
be provided and at all times maintained.
The permittee shall make provisions to take care of all surplus
water, muck, silt, slickings, or other runoff pumped from excavations
or resulting from sluicing or other operations and shall be responsible
for any damage resulting from his failure to so provide.
[Added by Ord. #1286, § 7300.15]
a.
Heavy duty pavement breakers may be prohibited by the Administrative
Authority when the use endangers existing substructures or other property.
b.
Saw cutting of Portland cement concrete may be required by the Administrative
Authority when the nature of the work or the condition of the street
warrants. When required, the depth of cut shall be not less than one
inch in depth; however, depths greater than one inch may be required
by the Administrative Authority when circumstances warrant. Saw cutting
may be required by the Administrative Authority outside the limits
of the excavation over cave-outs, over breaks, and small floating
sections.
c.
Approved cutting of bituminous pavement surface ahead of excavation
may be required by the Administrative Authority to confine pavement
damage to the limits of the trench.
d.
Sections of sidewalks shall be removed to the nearest score line
or joint.
e.
Unstable pavement shall be removed over cave-outs and overbreaks,
and subgrade shall be treated as the main trench.
f.
Pavement edges shall be trimmed to a vertical face and neatly aligned
with the center line of the trench.
g.
Cutouts outside the trench lines shall be normal or parallel to the
trench line.
h.
Boring or other methods to prevent cutting of new pavement may be
required by the Administrative Authority.
i.
The permittee shall not be required to repair pavement damage existing
prior to the excavation unless his cut results in small floating sections
that may be unstable, in which case the permittee shall remove and
pave the area.
[Added by Ord. #1286, § 7300.16]
No person shall, without written permission of the Administrative
Authority, install any substructure, except manholes, vaults, valve
casings, culverts, and catch basins, at a vertical distance less than:
a.
Streets. Twenty-four inches below the established flow line of the
nearest gutter. If such flow line is not established, the depth shall
be at a minimum of 24 inches below the surface of the nearest outermost
edge of the travelled portion of the street.
b.
Parkways. The minimum depth of any substructure shall be 16 inches
below the established gutter grade when such substructure parallels
with the parkway. The minimum depth of any substructure shall be 12
inches below the top of the established sidewalk or curb when such
substructure is at right angles to the parkway.
c.
Other Public Places. The minimum depth of any substructure in any
other public place shall be 12 inches below the surface; provided,
however, the Administrative Authority may permit a lesser depth in
special cases.
d.
In all cases set forth in this section the Administrative Authority
may require a greater depth than the prescribed minimum.
[Added by Ord. #1286, § 7300.17]
Backfilling shall be done and performed in accordance with the
requirements entitled "Specifications for Backfill" from time to time
in effect as provided by resolution of the Council. The Administrative
Authority may require soil tests to be furnished by a recognized soil
testing laboratory or registered professional engineer specializing
in soil mechanics when, in his opinion, backfill for any excavation
is not being adequately compacted. In order for the resurfacing to
be permitted, such tests shall show that the backfill material meets
the minimum requirements as prescribed by the Administrative Authority.
All expenses of such tests shall be borne by the permittee.
[Added by Ord. #1286, § 7300.18]
Permanent resurfacing or excavations shall be made by the Administrative
Authority except that he may instruct the permittee to cause the surface
to be restored. After the restoration is made by the Administrative
Authority, the total cost of such restoration shall be determined,
and the permittee shall be required to pay such cost. In either event
the permittee shall, upon approval of backfill, cause the excavation
to be resurfaced with a temporary paving material of a type and to
such thickness as shall be determined by the Administrative Authority
and shall maintain such temporary pavement in a safe and satisfactory
condition until such time as permanent resurfacing has been completed.
Should the Administrative Authority instruct the permittee to
accomplish the permanent resurfacing, the work of such resurfacing
shall be done to the satisfaction of the Administrative Authority
and under his inspection.
[Added by Ord. #1286, § 7300.19]
The maximum length of open trench permissible at any time shall
be in accordance with existing laws or regulations or as may be specified
by the Administrative Authority, and no greater length shall be open
for pavement removal, excavation, construction, backfilling, patching,
and all other operations without the written permission of the Administrative
Authority.
[Added by Ord. #1286, § 7300.20]
After an excavation is commenced, the permittee shall prosecute
with diligence and expedition all work covered by the excavation permit
and shall promptly complete such work and restore the street to its
original condition, or as near as may be, so as not to obstruct the
public place or travel thereon more than is reasonably necessary.
[Added by Ord. #1286, § 7300.21]
When traffic conditions, the safety or convenience of the traveling
public, or the public interest require that the excavation work be
performed as emergency work, the Administrative Authority shall have
full power to order, at the time the permit is granted, that a crew
of men and adequate facilities be employed by the permittee 24 hours
a day to the end that such excavation work may be completed as soon
as possible, or impose such other requirements as may be deemed reasonably
required in interests of public health or safety.
[Added by Ord. #1286, § 7300.22]
Nothing in this section shall be construed to prevent the making
of such excavations as may be necessary for the preservation of life
or property, or for the location of trouble in conduits or pipes,
or for making repairs provided the person making such excavation shall
apply to the Administrative Authority for such a permit on the first
working day after such work is commenced.
[Added by Ord. #1286, § 7300.23]
Each permittee shall conduct and carry out excavation work in
such manner as to avoid unnecessary inconvenience and annoyance to
the general public and occupants of neighboring property. The permittee
shall take appropriate measures to reduce to the fullest extent practicable
in the performance of the excavation work noise, dust, and unsightly
debris and, between the hours of 10:00 p.m. and 7:00 a.m., shall not
use, except with the express written permission of the Administrative
Authority or in case of an emergency as herein otherwise provided,
any tool, appliance, or equipment producing noise of sufficient volume
to disturb the sleep or repose of occupants of the neighboring property.
[Added by Ord. #1286, § 7300.24]
Any monument set for the purpose of locating or preserving the
lines of any street or property subdivision, or a precise survey reference
point, or a permanent survey bench mark within the City shall not
be removed or disturbed, or caused to be removed or disturbed, without
first obtaining permission in writing from the Administrative Authority
so to do. Permission to remove or disturb such monuments, reference
points or bench marks shall only be granted upon the condition that
the person applying for such permission shall pay all expenses incident
to the proper replacement of this monument by the Administrative Authority.
[Added by Ord. #1286, § 7300.25]
The Administrative Authority shall make such inspections as
are reasonably necessary in the enforcement of this section. The Administrative
Authority shall have the authority to promulgate and cause to be enforced
such rules and regulations as may be reasonably necessary to enforce
and carry out the intent of this section.
[Added by Ord. #1286, § 7300.26]
Every person owning, using, controlling or having an interest
in substructures under the surface of any public place used for the
purpose of supplying or conveying gas, electricity, communication
impulse, water, steam, ammonia or oil in the City shall, when requested,
file with the Administrative Authority within 120 days after February
7, 1967, a map or set of maps, each drawn to a scale of not less than
one inch to 200 feet, showing in detail the plan, location, size and
kind of installation, if known, of all substructures, except service
lines designed to serve single properties beneath the surface of the
public place belonging to, used by, or under the control of such person
having any interest, and shall file with the Administrative Authority
annually, at a time specified by the Administrative Authority, a corrected
map or set of maps each drawn to said scale, including all installations
made during the previous year to and including the last day of such
year; provided however, a public utility owner may, at its option,
provide corrected atlas sheets at more frequent intervals.
[Added by Ord. #1286, § 7300.27]
The provisions of this section shall not be construed as imposing
upon the City or any official or employee any liability or responsibility
for damages to any person injured by the performance of any excavation
work for which an excavation permit is issued hereunder, nor shall
the City or any official or employee thereof be deemed to have assumed
any such liability or responsibility by reason of inspections authorized
hereunder, the issuance of any permit, or the approval of any excavation
work.
None of the provisions of this section shall apply to any work
done along or under any street or other public place pursuant to any
law of the State or of the City providing for the improvement thereof,
or pursuant to any contract for street improvement authorized by the
Council.
[Added by Ord. #1621, § 7300.28]
One-call notification system means an association providing
for mutual receipt of notification of construction activities in the
unincorporated territory of Compton.
[Added by Ord. #1621, § 7300.29]
Except in emergency work to protect the public and property,
any permittee proposing to excavate in any highway shall make a search
of available records of underground facilities and shall notify owners
or operators known to have such facilities in the vicinity of the
proposed excavation by telephone and other acceptable means of communication
at least 48 hours prior to time of proposed excavation, exclusive
of weekends or legal holidays. At such time as a one-call notification
system is operational in Compton, permittee shall notify those owners
or operators who are members of the system by notifying the system
by telephone at least 48 hours prior to time of proposed excavation,
exclusive of weekends or legal holidays. The permit shall not be valid
until the permittee receives a ticket number from the system acknowledging
the notification, which number the permittee shall enter upon the
face of the permit. The notification is an additional method to be
used in determining underground facilities and does not relieve the
permittee from the responsibility to assure that owners or operators
of such facilities are notified. Any permittee shall likewise notify
nonmembers of the system who are owners or operators of facilities
in the vicinity of the proposed excavation. Any person receiving notice
pursuant to this section shall, not less than one working day in advance
of proposed construction unless otherwise agreed between the person
and permittee, inform the permittee of or field mark the location
of any underground facility in the proposed area of excavation.
[Added by Ord. #1621, § 7300.30]
The provisions of this section apply to permits for the making,
or causing to be made, in any highway, of excavations, and for the
placing, constructing, testing, repairing, changing, monitoring, removing
or abandoning of facilities or encroachments. The provisions of this
chapter also apply to written emergency plans for owners or operators
of pipelines used to convey toxic, corrosive or flammable liquids
and mandatory membership in a one-call notification system.
[Added by Ord. #1621, § 7300.31]
When a one-call notification system is operational in Compton,
no person shall maintain and operate a pipeline designed to carry
hazardous substances below the surface of a highway unless that person
is a member of the system. That person shall provide to the City Manager
such proof as required that said person is a member of the system
in Compton. For the purpose of this subsection, electrical facilities
shall not be considered hazardous.
[Added by Ord. #1621, § 7300.32]
After initial installation under this section of any pipeline
used or to be used to carry toxic, corrosive or flammable liquids,
such pipeline shall be subject to a hydrostatic pressure test as provided
herein before it is placed in operation. The duration of the hydrostatic
test for this purpose shall not be less than 24 hours.
After repair or replacement of any pipeline used or to be used
to carry toxic, corrosive or flammable liquids, made necessary for
changes required by improvements within the roadway, the affected
portion of the pipeline shall be subjected to a hydrostatic pressure
test as provided herein before placing in operation. The duration
of the hydrostatic test for this purpose shall be not less than 24
hours. However, no such test is required for a minor repair which
does not require removal of the pipeline from operation. If the affected
section is isolated and tested hydrostatically, pressure test of the
tie-in welds is not required; however, tie-in welds shall be examined
by radiographic means.
No pipeline subject to this section used to be used to carry
toxic, corrosive or flammable liquids, and over 10 years of age, shall
be operated beyond the successive ensuing twelve-month period of time
unless retested annually by a hydrostatic pressure test or other test
means acceptable to the City Manager. The duration of the periodic
test for this purpose shall not be less than four hours.
Each pressure test, either initial or retest, shall be in accordance
with the American National Standard Institute's Code for Pressure
Piping Systems (ANSI B 31.4) in its latest revision. The City Manager
may authorize the use of a liquid petroleum that does not vaporize
rapidly (i.e., flash point over 150° F. or 66° C.) as a test
medium. Pressure tests after initial installation of pipelines and
before they are placed in operation shall show no unexplained loss.
Annual or retest pressure tests shall not show an hourly loss, for
each section of the pipeline under test at the time, in excess of
either 10 gallons, or the sum of one gallon and an amount computed
at a rate in gallons per mile equivalent to 1/10 of the nominal internal
diameter of the pipe. The City Manager may grant administrative waiver
or other relief to an owner or operator under this section as to the
periodic pressure testing of any pipelines as herein provided if the
owner or operator can demonstrate that such testing will cause the
unreasonable unscheduled shutdown of plants, terminals, refineries
or other facilities of which such pipelines constitute an integral
part.
In addition to the foregoing requirements, any pipeline authorized
by this section and subject to pressure testing shall be subjected
to a pressure test by the owner or operator at any time as may be
required by the City Manager in the interest of public safety.
Within 30 days after completion of any test made pursuant to
the provisions of this section, the owner or operator shall submit
a certified report of such test for the City Manager's review.
The report shall show the date of test, description of portion of
pipeline tested identified with respect to Compton highways, and the
test data. The report shall be sufficient in detail to permit analysis
of test results and determination of compliance with the applicable
provisions of this section or any other applicable ordinance, rule
or regulation. The report shall also contain any other test information
as may be specifically requested by the City Manager.
[Added by Ord. #1621, § 7300.33]
Block valves shall be installed on each new main line at locations
along the pipeline system that will minimize damage from accidental
product discharge. This location shall be appropriate for the terrain
and the population density of the area.
[Added by Ord. #1621, § 7300.34]
As provided in the American National Standard Institute's
Code for Pressure Piping, Liquid Petroleum Transportation Piping Systems
(ANSI B 31.4) in its latest revision, a cathodic protection system
shall be installed for all new ferrous pipelines to carry toxic, corrosive
or flammable substances other than utility gases in order to mitigate
corrosion deterioration that might result in structural failure. The
cathodic protection system for all new ferrous pipelines carrying
utility gases shall be installed in accordance with General Order
No. 112-C of the Public Utilities Commission of the State of California.
A test procedure shall be developed by the owner or operator to determine
whether adequate cathodic protection has been achieved and submitted
to the City Manager for approval. Reports of cathodic protection evaluation
in accordance with the approved procedure shall be made available
annually for review by the City Manager.
[Added by Ord. #1621, § 7300.35]
Each owner or operator of a pipeline used or to be used to convey
toxic, corrosive or flammable liquids shall have a written emergency
plan approved and on file with the City Fire Prevention Division.
The plan shall be in accordance with the American National Standard
Institute's Code for Pressure Piping, Liquid Petroleum Transportation
Piping Systems (ANSI B 314) in its latest revision.
The plan shall include but not be limited to the following elements:
a.
A liaison element for intercommunications between public agencies
and pipeline owners or operators to provide for prompt coordinated
remedial action, and the dissemination of information as to the location
and ownership identification of pipelines based on the best available
records and plans.
b.
A spill contingency element to limit the extent of accidental product
discharge by which pipeline owners or operators shall involve themselves
in a cooperative pipeline leak notification emergency action system.
c.
A leak detection element by which the pipeline owners or operators
can monitor the flow of their product and can divert, reduce or stop
the flow of said product at the first indication of a product leak.
d.
A first-on-the-scene emergency containment element in cooperation
with other pipeline owners or operators to be utilized until arrival
of the affected pipeline owners' or operators' personnel.
First-on-the-scene costs shall be borne by the organization effecting
the emergency containment.
[Added by Ord. #1621, § 7300.36]
Each applicant for a permit to abandon in place or remove any
facility or encroachment in the highway shall do so under the terms
and conditions prescribed by the City Manager. The permit application
shall include a plat or other suitable means describing the facility
or encroachment to be abandoned or removed and indicating its exact
location. Permission to abandon a facility or encroachment without
removing shall be subject to removal within one year after the effective
date of the abandonment if the facility or encroachment may interfere
with a present or future public improvement. If it is determined that
the facility or encroachment should be removed, the permittee or its
successor in interest shall remove it at its expense or pay Compton
for the cost of such removal. The permittee shall leave any abandoned
facility or encroachment in a safe condition.
In addition to the foregoing, abandonment in place of a pipeline
used to convey toxic, corrosive or flammable liquids will be subject
to the following requirements. The pipeline shall be thoroughly purged
of liquids and vapors and filled with an inert material that will
remain in a solid or semisolid state if any portion of the pipeline
is cut or removed in the future. The permittee shall file a certificate
with the City Manager that said requirements have been complied with
and the abandoned pipeline has been left in a safe condition.
[Added by Ord. #1655, § 7800]
The following words and phrases shall have the meanings respectively
ascribed to them by this subsection unless otherwise specifically
provided and as defined per the Standard Specifications for Public
Works Construction:
Shall mean the Director of Public Works or his designee.
Shall mean that area within the public right-of-way lying
between the curb and the sidewalk.
Shall mean individuals, corporations, associations, partnerships
and to the extent of the City's jurisdiction, public entities.
Shall mean that plant and arborescent form planted and maintained
within the public right-of-way.
[Added by Ord. #1655, § 7801]
It shall be unlawful, a public nuisance, and an infraction punishable
by a $100 fine for any person to plant, remove, prune, injure or destroy
any street trees, as hereinafter defined, except in conformance with
the provisions of this section.
[Added by Ord. #1655, § 7802]
All street trees within the City of Compton are the property
of the City. The Director shall have exclusive authority, except as
hereinafter provided, to plant, remove, prune, inspect, maintain,
root prune or otherwise alter such street trees.
[Added by Ord. #1655, § 7803]
Any person may request the removal, spraying, pruning, root
pruning or replacement of a street tree on or adjacent to his property.
Upon such request, the Director may inspect such tree, and in his
sole and exclusive determination, cause the removal, spraying, pruning,
root pruning or replacement of such street tree.
[Added by Ord. #1655, § 7804]
Upon written approval of the Director, any person requesting street tree service pursuant to subsection 20-4.4 may undertake such work privately or by agreement with a private nursery or tree service if, in the sole and exclusive determination of the Director:
a.
There is sufficient assurance that such work will be properly undertaken
and, except in cases of removal, will not irrevocably damage the street
tree; and
b.
There is sufficient assurance that the public safety will not be
impaired. To this end the Director may require a public liability
and property damage insurance policy, permit and processing fee.
[Added by Ord. #1655, § 7805]
Notwithstanding the provisions of subsection 20-4.4 and 20-4.5 herein to the contrary, the Director shall not remove or permit to be removed any live street tree, except instances of immediate public danger, without first posting such tree with a conspicuous notice stating in general that the tree is to be removed 10 days after the date of posting. The notice shall state that any person may protest the removal of such tree by notifying the Director. Upon receipt of such a protest, the Director shall reconsider his decision to remove or permit removal of such tree. If the tree poses no threat to public safety, public or private property (including utilities and sewer laterals) or if removal is not required to allow the construction of public or private improvements, or if such threat may be mitigated by pruning, root pruning, irrigation, feeding or other maintenance, the Director shall not remove or permit removal of the tree. Any person aggrieved by the final determination of the Director may appeal to the City Manager. Any person aggrieved by the determination of the City Manager may appeal to the City Council. The City Manager may establish rules of procedure for the processing of any such appeals.
[Added by Ord. #1655, § 7806]
a.
Upon written approval of the Director, any person may undertake privately
or by agreement with a private nursery or tree service, the planting
of a street tree provided that the location, species and manner of
planting are acceptable to the Director.
b.
The Director shall prepare a list of those tree species which are
acceptable for use as a street tree. The Director shall also establish
such criteria relating to the location and manner of planting such
tree as will protect public safety and public and private improvements.
c.
All new plantings of street trees as replacements for street trees
existing on the effective date of this section shall conform to the
species and planting criteria set forth in paragraph b of this subsection.
d.
There may be imposed as a condition of approval for all parcel and
subdivision maps that the subdivider plant street trees at such locations
and in such manner as may be determined by the Director.
[Added by Ord. #1655, § 7807]
a.
It shall be the duty of any person owning or operating any utilities
within the public right-of-way (including but not limited to water,
sewers, gas, electrical, telephone and cable television services)
to maintain such utilities in a manner to prevent damage to street
trees.
b.
Any person excavating, trenching or otherwise engaged in subsurface
works within the public right-of-way shall not cut any street tree
root exceeding three inches in diameter unless specifically authorized
to do so by the Director. In addition to the penalties otherwise prescribed
by this section for violation of the terms thereof, any person who,
without authorization, cuts a street tree root in excess of three
inches in diameter shall be liable for the cost of removal and replacement
of the street tree, should such removal be necessary in the sole and
exclusive determination of the Director, or shall be liable for the
costs of remedial pruning should such be necessary in the sole and
exclusive determination of the Director.
[Added by Ord. #1655, § 7808]
The provisions of this section shall not be considered to release
or relieve any owner of real property within the City from a duty
to maintain his property, including such portions of the public right-of-way
that are the maintenance responsibility of the property owner. However,
in the sole and exclusive determination of the Director, whenever
damage to the public right-of-way is directly caused by the action
of a street tree, the City may repair and/or reconstruct the right-of-way
improvements exclusively or on any proportional cost basis determined
by the Director. This subsection shall not be construed as creating
an additional cause of action or liability on behalf of any property
owner, person or the City.
[Ord. #2185, § 1]
The City Council of the City of Compton finds and determines
as follows:
a.
That the uncontrolled proliferation and placement of newsracks in
the public right-of-way constitutes a threat to public health, safety
and general welfare including impeding pedestrian, wheelchair and
vehicular traffic; interfering with ingress and egress to and from
buildings, vehicles and public transportation; obstructing views of
traffic signs and street-crossing pedestrians; and impeding performance
of essential utility, traffic control and emergency services; and
b.
That unreasonably deteriorated or inadequately maintained newsracks
threaten the public health and safety; and
c.
That newsracks not reasonably maintained in a neat and clean condition
threaten the general welfare including the aesthetic appearance of
the public right-of-way; and
d.
That the intent of these provisions is to ensure the public health,
safety and general welfare is protected without unreasonably restricting
the dissemination of constitutionally protected information; and
e.
That it is not the intent of these provisions to regulate the placement
of newsracks on private property. It shall remain the responsibility
of the permittee to determine the property lines and ensure newsracks
are placed within the public right-of-way in compliance with this
section.
[Ord. #2185, § 1]
As used in this section:
Shall mean the publisher or distributor, or custodian, employee,
officer or other person who, as an agent of the publisher or distributor,
has applied for (applicant) or been granted (permittee) a permit pursuant
to the provisions of this section.
Shall mean the City Manager or the City Manager's designee(s).
Shall mean the Director of the Department of Public Works,
or his/her designee.
Has the meaning set forth in Section 313 of the California
Penal Code, or in any successor provision.
Shall mean any natural person under 18 years of age.
Shall mean any self-service container or coin-operated box,
storage unit or other dispenser that rests or projects, in whole or
in part, in or upon any portion of the public right-of-way, and is
installed, used or maintained for the display, sale or distribution
of any publication listed in the permit granted under this section.
Unless otherwise stated in this section, the term newsrack includes
shared newsrack and combination dispenser and the same standards and
regulations apply to all three.
Shall mean any component of a newsrack requiring handling
or manipulation to obtain the publication therein including the door
or coin mechanism.
Shall mean that area between the sidewalk and the curb of
any street, and where there is no sidewalk, that area between the
edge of the roadway and property line adjacent thereto. Parkway also
includes any area within the roadway which is not open to vehicular
travel.
Shall mean a permit issued pursuant to this section allowing
the placement of a newsrack within a specifically designated portion
of a public sidewalk or parkway.
Shall mean any individual, company, corporation, association,
business, firm, partnership or other legal entity.
Shall mean any area used or intended for use by the public
for pedestrian or vehicular travel within the City, including but
not limited to public streets, highways, roadways, sidewalks, median
strips, parkways, plazas or alleys.
Shall mean that part of a public right-of-way that is designated
and used primarily for vehicular travel.
Shall mean a single newsrack housing more than one publication,
and is subject to the same standards and regulations as a newsrack,
unless otherwise stated in this section.
Shall mean a permit issued to a person as a primary applicant
providing for the sharing of a newsrack among specified publications
as long as all of the standards of this section are otherwise met.
The primary applicant shall be considered the permittee for all purposes
under this section except as explicitly set forth.
Shall mean that part of a public right-of-way that is designated
and used primarily for pedestrian travel.
Shall mean all areas dedicated to public use for public street
purposes and includes but is not limited to roadways, parkways, alleys
and sidewalks.
[Ord. #2185, § 1]
No person shall install, use or maintain any newsrack or other
related structure which projects onto, into or over any part of the
roadway or which rests wholly or in part upon, along or over any portion
of the roadway.
[Ord. #2185, § 1]
No person or entity shall knowingly place or maintain in any
newsrack which rests in whole or in part, upon, in or on any portion
of a public right-of-way, or which projects onto, into or over any
part of a public right-of-way, any publication or material exposed
to public view which contains material harmful to minors.
[Ord. #2185, § 1]
It is unlawful for any person to install or permit the installation
or maintenance of any newsrack which in whole or in part rests upon,
in or over any public sidewalk or parkway without first obtaining
a permit from the City.
a.
General Provisions. One permit will be issued per applicant covering
all newsracks in each application. Each permit may be amended quarterly
by submitting an amendment of permit application to the Director,
provided fees are paid for additional newsracks. A condition of any
permit issued under this section is that the permittee shall keep
on file with the City an accurate record readily identifying the locations
of its newsracks. This information may be used to check the accuracy
of information provided in the permit application or compliance with
conditions of any existing permit or this section.
b.
Initial Permit Application. Applicants interested in installing newsracks
shall first submit to the Director a permit application available
from the Public Works Department. Applications that do not include
all of the requested information and/or documents shall be deemed
incomplete. Incomplete applications shall not be processed and shall
not automatically be deemed approved under the circumstances specified
in paragraph d below. Applications shall contain the following as
to each newsrack:
1.
The name, address and telephone number of the owner of the newsrack;
2.
The name, address and telephone number of the responsible person
whom the City may notify or contact at any time concerning the newsrack;
3.
The number of newsracks and the exact proposed location of each newsrack
shown on an 8 1/2 inch by eleven-inch diagram (to scale), and
identifying all items in the public right-of-way, including but not
limited to bus benches, street poles and posts, fire hydrants, fire
call boxes, driveways, wheelchair ramps, crosswalks, curb returns,
buildings, landscaping, other newsracks, and any other public or private
improvements within a twenty-foot radius of the proposed location.
The above required document shall also be submitted in a digital format
that is AUTO cad compatible;
4.
A photograph and/or model number of the type of newsrack being used;
5.
The name of the publication(s) to be contained in each newsrack;
6.
An Indemnification and Hold Harmless Agreement pursuant to subsection 20-5.9 below, and agreement to conform to the requirements of this section;
8.
The date that said newsrack(s) is proposed to be installed;
9.
(Reserved)
10.
An application and processing fee, as established by resolution of
the City Council; and
11.
Any additional information which the Director may deem necessary
for the proper disposition of the application.
12.
In the case of a shared permit, all of the information set forth
above must be supplied for all publications sharing the newsrack.
In addition, the primary applicant shall assume responsibility and
authority for complying with all of the standards of this section
for the shared permit, and all publications sharing the newsrack must
assent to the assumption of responsibility and authority for the primary
applicant.
c.
Permit Renewal Applications. If a permittee is in compliance with
this section, a permit may be automatically renewed for each successive
fiscal year by timely payment of the renewal fee established by resolution
of the City Council and the filing of a complete permit renewal application
by or before the first day of July of each year. Applications that
do not include all of the requested information or documents shall
be deemed incomplete, shall not be processed, and shall not automatically
be deemed approved under the circumstances specified in paragraph
d below.
d.
Review of Permits. Once submitted, a complete permit application
will be reviewed and acted upon within 15 business days. If the applicant
is not notified in writing by the 15 business day of approval, denial
or extension of the permit review period, the permit application shall
be deemed approved.
e.
Issuance of Permits. Upon a finding by the Director that the application
is complete, accurate and in compliance with this section, a permit
shall be issued. Approval of a newsrack permit shall not in any event
constitute an easement on or an encumbrance against the public right-of-way.
No right, title or interest in the public property upon, in or over
which the newsrack is located, or any part thereof, shall vest or
accrue in the distributor or owner of the newsrack by reason of approval
of a newsrack permit.
f.
Denial of Permit. If an application or portion of an application
for a permit is denied, the Director shall promptly notify the applicant
in writing of the specific cause for such denial.
g.
Permit Revocation. A permit may be revoked if the permittee is found
to be in violation of the provisions of this section. Any permit issued
in error may be revoked without liability to the City.
h.
Sale or Transfer of Permits. Permits shall not be sold or transferred except as a part of the sale of a majority of the related business assets of the permittee. The proposed new permittee shall notify the Director in writing within 10 business days that the permit has been sold or transferred. The notification shall include the name and contact information for the proposed new permittee. No transfer or sale shall be effective until the proposed new permittee executes an Indemnification and Hold Harmless Agreement in favor of the City as required in subsection 20-5.9 below, and obtains the requisite insurance coverage pursuant to subsection 20-5.10 below. Until such time, the existing permittee shall maintain the required insurance coverage and shall remain liable for any personal injury or property damage caused by or related to the permittee's newsrack(s).
[Ord. #2185, § 1]
Newsracks shall comply with the following standards:
a.
Any operable element of a newsrack shall not exceed 48 inches in
height or be less than 15 inches above the public right-of-way on
which it is located.
b.
No newsrack or shared newsrack shall exceed 48 inches in height,
30 inches in width or 24 inches in depth. No combination dispenser
shall exceed 60 inches in height, 120 inches in width or 30 inches
in depth. The top of the coin mechanism shall not be more than six
inches above the top of the newsrack.
c.
No exterior or interior component of any newsrack shall advertise,
publicize or promote anything other than the display, sale or purchase
of the publication(s) therein.
d.
Newsracks shall only contain current editions of the publication(s)
for which the permit was issued.
e.
Coin-operated newsracks shall be equipped with a functional coin-return
mechanism.
f.
Each newsrack shall have permanently affixed in a readily visible
place the current name, address and telephone number of the permittee.
g.
Each newsrack shall have a door, covering and/or other appropriate
device(s) preventing the publications therein from getting wet or
falling out due to rain, wind or similar environmental conditions.
h.
Each newsrack shall be continuously maintained in a reasonably neat
and clean condition and in good repair including: (1) reasonably free
of dirt, trash, debris, foreign objects, graffiti, stickers, dents
and grease; (2) reasonably free of chipped, faded, peeling and cracked
paint in any visible painted areas; (3) reasonably free of rust and
corrosion in any visible unpainted metal areas; (4) any clear parts
through which publications are visible shall be unbroken and reasonably
free of cracks, scratches, dents, blemishes and discoloration; (5)
any paper or cardboard parts or inserts shall be reasonably free of
tears, peeling or fading; and (6) no structural components shall be
broken or unduly misshapen. A maintenance log documenting the permittee's
inspection of each newsrack shall be maintained by the permittee and
available for inspection upon request of the City.
i.
Newsracks shall be installed on a single pedestal or a multiple post
using drop-in type anchor bolts to secure newsracks to the public
right-of-way, and shall be constructed, installed and maintained in
a safe and secure condition approved by the Director.
j.
Newsracks shall not be chained, bolted or otherwise attached to any
property or to any permanently fixed object not owned by the owner
of the newsrack unless consent of the owner of such property or object
is obtained in writing and presented with the permit application or
permit renewal application.
k.
All newsracks attached as a group must open in the same direction.
l.
Newsracks shall comply with the Americans with Disabilities Act of
1980, as amended, and all regulations adopted thereunder.
[Ord. #2185, § 1]
Upon removal of any newsrack, the permittee, at its expense,
shall eliminate any potential hazards to the public, such as bolts,
brackets or holes, and shall restore any disturbed area of the public
right-of-way to the same or reasonably similar condition as any adjoining
public right-of-way by removing any protrusions, cleaning the cavity
of debris, filling the cavity with high strength epoxy or grout to
meet the elevation of the adjoining public right-of-way, and avoiding
potential depressions by taking into account shrinkage and settlement
of the new material. The public right-of-way shall be level and free
of protrusions or depressions. The permittee shall match as closely
as reasonably possible the color, texture and material of any adjoining
public right-of-way surface.
[Ord. #2185, § 1]
Newsracks shall be located in accordance with the following:
a.
No portion of any newsrack shall project into or be located in any
roadway.
b.
Newsracks shall be placed no closer than six inches of the roadway
edge of any curb painted red.
c.
Newsracks shall be located only adjacent to the curb (if there is
no curb, then to the edge of the roadway), or the wall of a building.
d.
Except as stated in paragraph b above, newsracks located adjacent
to the curb (or edge of the roadway) shall be located no less than
18 inches or more than 24 inches from the roadway edge and shall not
open toward the roadway.
e.
Newsracks located adjacent to a building shall be located parallel
to and not more than six inches from the wall. The Director may approve
a distance of more than six inches if required for proper maintenance
of surface behind the newsrack, and the safe flow of pedestrian or
wheelchair traffic is not impaired.
f.
No portion of a newsrack shall be located directly in front of any
display window except near the curb.
g.
No newsrack shall be located directly opposite another newsrack on
the same public right-of-way.
h.
Newsracks may be placed next to each other, provided no group of
newsracks extends more than 10 feet along a curb and a clear paved
space of at least four feet separates each group of newsracks. If
the Director determines a violation exists, priority to remain shall
be given first to newsracks evidencing the earliest date of installation,
followed by newsracks with the highest frequency of publication, followed
by a lottery.
i.
No newsrack of shared newsracks shall weigh, in the aggregate, in
excess of 125 pounds when empty.
j.
No newsrack shall be placed, installed, used or maintained:
1.
Within five feet of any marked crosswalk;
2.
Within 15 feet of the curb return of any unmarked crosswalk;
3.
Within five feet of fire hydrant, fire call box, fire lane, police
call box, traffic signal controller, traffic signals or other emergency
facility;
4.
Within 10 feet of a driveway or alley approach;
5.
Within five feet ahead of and 25 feet to the rear of any sign marking
a designated bus stop;
6.
Within six feet of any bus bench or transit advertising shelter;
7.
At any location reducing the clear space for the passage of pedestrians
to less than four feet. When feasible, newsracks should be placed
to allow the widest path of travel;
8.
Within three feet of or on any public area improved with lawn, flowers,
shrubs, trees or other landscaping approved by the City;
9.
Within 150 feet of another newsrack containing the same publication
and located on the same side of the public right-of-way in the same
block;
10.
Within five feet of a curb painted blue, or within three feet of
a curb painted yellow or white; or
11.
So as to unreasonably obstruct or interfere with: the flow of pedestrian,
wheelchair or vehicular traffic; sites used for public utility purposes
or other government use; the ingress or egress to or from any residence
or building; or the use of poles, traffic signs and signals, hydrants,
mailboxes or other objects permitted by the City at that site.
[Ord. #2185, § 1]
The permit application and any permit renewal application shall
include an Indemnification and Hold Harmless Agreement in favor of
the City in substantial compliance with this section, which must be
executed by every permittee, and person on a shared permit, prior
to issuance of any permit under this section. Pursuant to the Indemnification
and Hold Harmless Agreement, the permittee shall agree to defend,
indemnify, protect and hold the City, and its elected officials, officers,
representatives, agents and employees harmless from and against all
claims asserted or liability established for damages or injuries to
any person or property, including its own employees, agents or officers
which arise from or are connected with or are caused or claimed to
be caused by any newsrack owned by or attributable to the permittee;
provided however, that the permittee's duty to indemnify and
hold harmless shall not include any claims or liability arising from
the established sole negligence or sole willful misconduct of the
City.
[Ord. #2185, § 1]
A condition for issuance of a permit pursuant to this section,
is that every permittee, and person on a shared permit, agrees to
maintain a policy of public liability insurance, naming the City of
Compton, its officials, officers and employees as an "additional insured,"
in an amount of not less than $500,000 combined single limit for any
injury to persons and/or damage to property by reason of installation,
use and maintenance of such newsrack on public property. The policy
shall provide that the insurance coverage shall not be cancelled or
reduced by the insurance carrier without the City having been given
30 days' prior written notice thereof by such carrier. The permittee
shall provide and keep in force that policy of public liability insurance
during such time as it continues to operate any newsrack under the
terms of this section. If the insurance is canceled at any time during
the term of the permit, it shall be grounds for revocation of the
permit. No newsrack may be installed, used or maintained until permittee
provides the City with evidence of the requisite insurance, including
proof on the endorsement page(s) that the City is an "additional Insured."
[Ord. #2185, § 1]
a.
Notwithstanding any condition upon which summary removal is available, enforcement action may be initiated upon determination by the Director that a newsrack has been abandoned as set forth in subsection 20-5.14 below, or installed, used, or maintained in violation of this section or any condition of the permit. The permittee will be notified in writing of the alleged violation, the intent of the City to remove the newsrack if the violation is not corrected or a hearing not requested within five business days after the giving of such notice of violation and intent to remove, and the procedure for requesting an appeal hearing. Failure to properly correct the violation or to appeal the notice within five business days of the date of the notification shall result in the newsrack being summarily removed and stored by the Public Works Department. Appeals shall be processed pursuant to subsection 20-5.15 below. A removal and storage fee, as established by City Council resolution, shall be assessed against each newsrack removed. A timely request for an appeal hearing shall stay removal; provided, however, if the violation is not corrected within five calendar days after the decision of the City Manager, the City may remove the newsrack in accordance with paragraph b of this section.
b.
Whenever a newsrack is removed by the City and stored, the Director
shall notify the permittee by mailing a notice of removal, stating
the date the newsrack was removed, the reasons therefor, the procedure
for claiming the newsrack and the procedure for obtaining a post-removal
hearing, if desired. Any newsrack removed and stored pursuant to the
provisions of this subsection shall be released to the permittee if
claimed within 30 continuous calendar days from the date of notice
of removal and on payment of reasonably incurred removal and storage
fees. Upon the failure of the permittee to claim such newsrack and
pay the fees within 30 continuous calendar days after the mailing
of the written notice of removal, the newsrack shall be deemed abandoned
property in possession of the City and may be disposed of pursuant
to law.
c.
If the Director determines that the condition or placement of a newsrack
poses an imminent threat to the safety of pedestrians or wheelchair
users, or the safe flow of vehicles; or that a newsrack is located
within the public right-of-way without a permit, the Director may
cause the newsrack to be summarily removed without prior notice.
d.
Upon the summary removal of a newsrack, the Director shall notify
the permittee by mailing a notice of summary removal, stating the
date the newsrack was removed, the reasons therefor, the procedure
for claiming the newsrack and the procedure for obtaining a post-removal
hearing, if desired. Any newsrack removed and stored pursuant to the
provisions of this subsection shall be released to the permittee if
claimed within 30 continuous calendar days from the date of notice
of summary removal and on payment of reasonably incurred removal and
storage fees. Upon the failure of the permittee to claim such newsrack
and pay the fees within 30 continuous calendar days after the mailing
of the written notice of removal, the newsrack shall be deemed abandoned
property in possession of the City and may be disposed of pursuant
to law.
e.
If the permittee or otherwise responsible party cannot be readily
contacted based exclusively on information provided in a current permit,
related permit application or information affixed to the newsrack,
no further action on behalf of the City is required. If the responsible
party thereafter notifies the Director to reclaim the offending newsrack,
and the newsrack has not been deemed abandoned and disposed of, a
notice of summary removal and procedure for obtaining a post-removal
hearing shall be served in accordance with paragraph d above, unless
waived by the responsible party.
[Ord. #2185, § 1]
All newsracks require timely payment of an annual permit fee established by the City Council. No refunds are provided for newsracks taken out of service. Permit fees are due and payable annually on the first day of July of each year, and shall be prorated for any partial year. Annual permit fees shall be delinquent after 30 days past due. A late payment fee shall be assessed on all delinquent amounts in accordance with subsection 9-1.6. The fee is based on the total number of newsracks in service in the public right-of-way. This fee shall be sufficient to recover the costs of processing the permit application and enforcing permit requirements.
[Ord. #2185, § 1]
The City Council may set fees on an annual basis to recover
all reasonable costs of reinspection and removal of newsracks. Any
time a newsrack is caused to be removed, summarily or otherwise, due
to violations of this section, the City may recover all reasonable
costs to include:
[Ord. #2185, § 1]
A newsrack shall be deemed abandoned if it: (1) is removed pursuant to subsection 20-5.11 above, and unclaimed for 30 continuous calendar days from the date of notification of removal; or (2) remains empty or without a permitted publication for 30 continuous calendar days. Newsracks deemed abandoned may be disposed of pursuant to law. The City may dispose of a newsrack and shall not be responsible for any newsrack, including its contents, deemed abandoned for 60 continuous calendar days.
[Ord. #2185, § 1]
Any person or entity aggrieved by a finding, determination,
notice, order or action taken under the provisions of this section
may appeal the same by filing an appeal. An appeal must be perfected
within five business days after receipt of notice of any protested
finding, determination, notice, order or action by filing with the
City Manager a letter of appeal briefly stating therein the basis
for such appeal. A hearing shall be held on a date no more than 15
business days after receipt of the letter of appeal unless appellant
requests a longer time period. The City Manager shall give the appellant,
and any other interested party, a reasonable opportunity to be heard,
in order to show cause why the finding, determination, notice, order
or action should not be upheld. Within 30 calendar days of the conclusion
of the hearing, the City Manager shall affirm, overrule or modify
the finding, determination, notice, order or action. The decision
of the City Manager shall be final and conclusive.
[Ord. #2185, § 1]
A permit issued under this section shall not substitute for
any business license otherwise required under this Code.
[Ord. #2185, § 1]
Any violation of the provisions of this section is an infraction,
and upon conviction thereof, shall be subject to a fine not to exceed
$50 for a first violation; a fine not exceeding $100 for a second
violation in the same calendar year; and a fine not exceeding $200
for each additional violation in the same calendar year. Each day
that such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder.
[Ord. #2185, § 1]
a.
The provisions of this section shall apply to all newsracks, whether
installed and maintained prior to or after the effective date of this
section. Those newsracks installed prior to the effective date of
this section shall be brought into compliance with the provisions
of this section within 90 calendar days of the effective date of this
section.
c.
The City Clerk shall notify all publications or distributors who,
prior to the effective date of this section, have newsracks located
within the City of the enactment of this section by mailing a copy
thereof to each such distributor or publication.
[Ord. #2201, § 1]
This section shall be known as "Temporary Street Closures."
[Ord. #2201, § 1]
a.
Pursuant to the authority of California Vehicle Code Section 21101(e),
the provisions of this section shall apply to, and control the closing
of any City street for the purpose of holding events such as; celebrations,
block parties, street dances, local special events or other purposes,
when in the opinion of local authorities such closing is necessary
for the safety and protection of persons who are to use that portion
of the street during temporary closing.
b.
Provisions of this section are to be supplementary and complementary
to all of the provisions of the Compton Municipal Code, State law,
and any law cognizable at common law or in equity, and nothing herein
shall be read, interpreted or construed in any manner so as to limit
any existing right or power of the City of Compton.
[Ord. #2201, § 1]
a.
Except as otherwise provided by law, it shall be unlawful for any
person to close any portion of a public street or alley to vehicular
or pedestrian traffic for the purpose of conducting a celebration,
block party, street dance, local special event, without first being
issued a permit in accordance with the provisions herein. This section
shall not apply to those governmental agencies which are otherwise
authorized to close streets.
b.
A street closure permit may be issued subject to such terms and conditions
as are determined to be necessary and proper for the protection of
the public health, safety and welfare. Street closure permits shall
be issued to persons over the age of 18 only.
[Ord. #2201, § 1]
a.
Use of Sidewalks. The City Manager or his/her designee shall issue
a street closure permit that authorizes the permit holder to use the
sidewalks adjacent to the streets for which the permit applicant seeks
a street closure permit.
b.
Pedestrian Access. A street closure permit that authorizes the use
of the adjacent sidewalks shall require the permit holder to provide
for pedestrian access along the areas to be closed, including, to
and from any adjacent building.
c.
Restriction on Length of Street Closure. No street closure permit
shall be issued to allow closure of an intersection or any street
for more than 600 feet measured along the centerline of the road,
or 300 feet on a cul-de-sac or dead end.
d.
Thoroughfares and Major Roadways. No street closure permit shall
be issued to allow closure of a thoroughfare or major roadway.
e.
Limited Number of Closures. Each organization or person applying
for a temporary street closure permit is limited to being issued four
street closure permits per calendar year.
f.
Time Limits. A street closure permit shall be effective between the
hours of 8:00 a.m. and 8:00 p.m. on any given calendar day.
[Ord. #2201, § 1]
An application for a permit for a temporary street closure shall
be in writing and made upon a form provided by the Municipal Law Enforcement
Services Department and shall include the following information:
a.
The name(s), address, telephone numbers and signature(s) of the applicant(s).
b.
The location for which the street closure permit is being applied,
including the actual address and closest intersections.
c.
If the applicant is an organization, the name, residence and business
addresses, phone numbers of its responsible officers.
d.
The name address, phone number of the chairman of the event, or the
person otherwise responsible for its conduct.
e.
The date on which the event is to occur.
f.
The estimated number of persons who will participate.
g.
Whether any sound amplification equipment is proposed to be used,
and if so, information describing such sound amplification equipment.
h.
Whether or not charity, gratuity or offerings will be solicited or
accepted, or sales of food, beverages or other merchandise will occur.
i.
Whether such temporary street closure will occupy all or only a portion
of the street or intersection involved.
j.
A petition signed by 70% of the residents indicating that they have no objections to the proposed street closure in accordance with subsection 20-6.20.
k.
Such additional information as the City Manager or his/her designee
may deem necessary.
[Ord. #2201, § 1]
Permit recipients shall place barriers in accordance with the
"Work Area Traffic Control Handbook" (Watch Manual) published by BNi
Building News and shall be responsible for removing such barricades
and warning devices as are deemed necessary by, and are acceptable
to the City Manager or his designee. Such persons shall also provide
for the collection and removal of all trash, garbage, and litter caused
by or arising out of such temporary street closure.
[Ord. #2201, § 1]
The application shall be filed with the Municipal Law Enforcement
Services Department not less than 30 days before the event and no
more than 90 days before the event.
[Ord. #2201, § 1]
Each applicant shall agree to assume the defense of and indemnify
and hold harmless the City, its Councilmembers, boards, commissions,
officers, employees and agents, from all suits, actions, damages or
claims to which the City may be subjected of any kind or nature whatsoever
resulting from, caused by, arising out of, or as a consequence of
such temporary street closure and the activities permitted in connection
therewith. The City Manager may require, as a condition to issuance
of a permit, that the applicant obtain general liability insurance
to serve that end, in such an amount and with such terms as the City's
Risk Manager determines to be appropriate under the circumstances.
[Ord. #2201, § 1]
As a condition of issuance of any street closure permit, a refundable deposit may be required. The amount of the deposit shall be at least $300. The deposit shall be applied towards the costs and expenses outlined below in subsection 20-6.9.
[Ord. #2201, § 1]
The applicant shall assume and reimburse the City for any and
all costs and expenses determined by the City Manager to be unusual
or extraordinary, and related to the closing of the street for which
the permit is sought, including but not limited to:
a.
The cost of providing, erecting and moving barricades and/or signs;
b.
The cost of replacing missing and/or damaged barricades;
c.
The cost of providing and moving garbage or waste receptacles;
d.
The cost of City personnel who are required by the City to work overtime
hours or other than a regular shift, or to perform duties as a result
of such temporary street closure.
|
The applicant shall be responsible to reimburse the City for any and all costs that exceed the amount of the deposit received pursuant to subsection 20-6.8.
|
[Ord. #2201, § 1]
The consumption and sale of alcoholic beverages is not permitted
at any event for which a street permit closure has been issued.
[Ord. #2201, § 1]
The issuance of a permit by the City Manager or his designee
shall be a determination by the City Manager or his designee that
the temporary street closing is necessary for the safety and protection
of persons who are to use that portion of the street during such temporary
closing. A permit may be denied or revoked by the City Manager or
his designee, when, from a consideration of the application or from
such other information as may be otherwise obtained, the City Manager
finds that one or more of the following circumstances exist:
a.
The applicant has made any false, misleading or fraudulent statements
of a material fact in the application for a permit or in any other
document required pursuant to this section;
b.
The application has failed to meet the standards in this section,
or the applicant has failed to pay in advance any deposit required,
or refuses to agree to such conditions as are imposed in the permit;
c.
The time, duration, size and location of the temporary street closure
will substantially disrupt the orderly and safe movement of other
traffic;
d.
The temporary street closure is of a size or nature that will require
the diversion of so great a number of law enforcement officers of
the City to properly police the closed or contiguous areas, that it
will adversely effect normal law enforcement protection to the remainder
of the City;
e.
The concentration of persons will unduly interfere with proper fire
and public safety protection, or ambulance service to areas contiguous
to such street closure;
f.
The temporary street closure may unduly interfere with the movement
of emergency public safety officers and fire equipment;
g.
The temporary street closure will unduly interfere with the orderly
operation of parks, hospitals, churches, schools or other public and
quasi-public institutions in the City;
h.
The temporary street closure will conflict with or interfere with
another temporary street closure for which a permit has been granted;
i.
Any term, condition, restriction or limitation of such permit has
been violated;
j.
Any provision of the Compton Municipal Code and/or State law has
been violated.
[Ord. #2201, § 1]
The application shall be reviewed by the following departments;
Municipal Law Enforcement Services, Public Works, Los Angeles County
Sheriffs, Compton Station, Fire and Risk Management before a determination
is made to either grant or deny the permit.
[Ord. #2201, § 1]
Written notice of the issuance or denial of a permit shall be
provided by the City Manager or his/her designee to the applicant.
If a permit is denied, said written notice shall state the reasons
for denial.
[Ord. #2201, § 1]
Upon the denial or revocation of a permit by the City Manager
or his designee, the applicant may appeal to the City Council by filing
the application within two City working days after receipt of such
denial or revocation, with the City Clerk, who shall set the appeal
for hearing at the next available regular Council meeting. After holding
a hearing, the City Council may reverse, affirm or modify in any respect
the determination of the City Manager or his designee.
[Ord. #2201, § 1]
The City Manager or his designee may waive the time limitation
for filing an application for a permit and the City Council may waive
the time limitation for filing an appeal if it is found that unusual
circumstances or good cause exists and no unreasonable burden upon
the City or its citizens will be created thereby.
[Ord. #2201, § 1]
Upon granting, revoking or denying a permit, the City Manager
or his designee shall send a copy of such permit (including any conditions
or restrictions), denial or revocation to the Municipal Law Enforcement
Services Department, Los Angeles Sheriff's Department (Compton
Station), the Fire Chief, the Public Works Director and Risk Manager.
[Ord. #2201, § 1]
Any street closure pursuant to the provisions of this section
shall at all times have a fifteen-foot wide emergency vehicle lane
on both sides of the street, which shall extend throughout the closed
area of the street and beyond to the next intersection. Said lane
shall at all times remain clear of all obstructions to provide emergency
vehicular access.
[Ord. #2201, § 1]
No obstruction shall be erected or maintained within a fifteen-foot
wide radius of any fire hydrant.
[Ord. #2201, § 1]
In the interests of public safety, no more than five temporary
street closures will be permitted on the same calendar day in any
fire station initial response area. Applications shall be considered
on a first come, first serve basis.
[Ord. #2201, § 1]
A petition must be submitted indicating that 70% of the residences
or businesses within the closure area have no objections to and support
the closure. Petitions must be signed by the owner, manager, assistant
manager, or lessee of the residences or businesses impacted by the
closure. All petitions must be completed on City forms.
