Division 1 of Title 16 of the Los Angeles County Code, known as the "Highway Permit Ordinance" of the county, as amended to and in effect on August 28, 1984, is adopted as the highway permit ordinance of the city.
(Prior code §6-2-1; Ord. 727 §2, 1986)
A copy of Division 1 of Title 16 of the Los Angeles County Code, as amended to and in effect on August 28, 1984, has been deposited with the office of the city clerk and shall at all times be maintained for use and examination by the public.
(Prior code §6-2-2; Ord. 727 §2, 1986)
Wherever in Division 1 of Title 16 of the Los Angeles County Code reference is made to "County," or to "County of Los Angeles," or to "Board of Supervisors" it shall be construed to mean the city council of the city of South El Monte.
(Prior code §6-2-3; Ord. 727 §2, 1986)
Any person desiring to locate bus benches within the city shall submit to the public works department an application on a form provided by the department. Upon filing the application, the applicant shall also pay the requisite annual fees as established by resolution of the city council.
(Prior code §6-2-4; Ord. 768 §1, 1986)
A. 
Permit Required.
1. 
Any person desiring to locate or relocate a public telephone within the public right-of-way, and any person desiring to maintain an existing public telephone within the public right-of-way, shall submit a separate application for each public telephone to the city manager, or authorized representative. For telephones already located in the public right-of-way at the time of the effective date of this section, the required permit shall be submitted not later than sixty days after February 12, 1998.
2. 
The city manager, or authorized representative shall approve or disapprove each permit to locate, relocate or maintain a telephone in the public right-of-way as to best serve the public health, safety and welfare. The decision of the city manager or designee shall be issued in writing within sixty days of the submission of a complete application and said decision shall be final.
B. 
Fee Provision. For each telephone located, relocated or maintained in the public right-of-way, the permittee shall pay the city a percentage of the gross revenues or a flat fee in an amount to be negotiated between the city and the permittee. The authority to enter into such agreements may be delegated to the city manager upon approval of the city council. Payments shall be made to the city not less frequently than annually.
C. 
Telephones Located Adjacent to the Public Right-of-Way. If a telephone is located in the public right-of-way in such a manner that the user(s) of the telephone unreasonably obstructs, blocks, interferes with, and/or prevents the free flow of pedestrian traffic, by standing within or occupying any portion of the public right-of-way, then the owner shall obtain an encroachment permit from the city, which may require reasonable mitigation measures to ensure the public health, safety and welfare.
D. 
Illumination. Public telephones installed within the public right-of-way shall be provided such illumination as considered reasonable and adequate by the city engineer.
E. 
Maintenance. The permittee, at permittee's expense, shall maintain public telephones and any associated booths or structures installed under the provision of this chapter.
F. 
Liability. The permittee shall indemnify, defend and save harmless the city, its officers, agents, and employees from any and all claims, lawsuits or actions arising from the granting of, or the exercise of, the rights granted by the approval, and from any and all claims or losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of, or connected with, the performance of the use permitted hereby. Applicant's obligation to indemnify, defend and save harmless the city shall include, but not be limited to, paying all actual reasonable legal fees and costs incurred by legal counsel chosen by the city and reasonably accessible to permittee in representing the city in connection with any such claims, losses, lawsuits, or actions, and any award of damages or attorney's fees in any such lawsuit or action.
G. 
Violation. It is a misdemeanor for any person, whether as principal agent, clerk, or employee, either for him or herself, or for any person, corporation, to locate, relocate or maintain a public telephone on any public right-of-way, or located adjacent to the public right-of-way, in such a manner that the user of the telephone must stand within, or occupy any portion of, the public right-of-way to use the telephone, without first obtaining a permit pursuant to the provisions of these regulations. Failure to remit payment of any fee, nonconformance to the regulations set forth in this chapter, or violation of any local, state or federal law or regulation may result in revocation of a permit following a noticed hearing before a hearing officer or designee. Prior to a revocation hearing a notice of violation shall be issued granting a minimum of ten days to correct violations following which a revocation hearing shall be set if the violation is corrected. The city may invoke other available remedies, including, but not limited to, nuisance abatement proceedings or civil judicial relief for violation of this chapter or any other applicable provisions of this Code.
(Ord. 1000 §1, 1998)
Every person who performs any work regulated by Division 1 of Title 16 of the Los Angeles County Code either without first obtaining a permit therefor from the commissioner or who, having a permit, fails or refuses to comply with any applicable provisions of such Division 1 or with any condition of the permit or who performs work contrary to any of the general or special requirements or specifications of the permit, is guilty of a misdemeanor, and is guilty of a separate offense for every day during any part of which such violation occurs.
(Prior code §6-2-5; Ord. 727 §2, 1986; Ord. 768 §1, 1986)
Violation of any provision of Division 1 of Title 16 of the Los Angeles County Code is punishable by a fine of not more than five hundred dollars or by imprisonment in a County Jail for not more than six months, or by both such fine and imprisonment.
(Prior code §6-2-5.1; Ord. 727 §2, 1986; Ord. 768 §1, 1986)