Alhambra Municipal Code Ch. 13.32 Permanent Obstruction of Street Use

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DIRECTOR OF PUBLIC WORKS. The Director of Public Works of Alhambra, California.

OBJECT. Anything of a permanent or semi-permanent nature which obstructs or interferes with the use of the public place by the public, including, but not limited to, benches, signs, transit advertising shelters, receptacles, mail boxes, bicycle racks, clocks, flower pots, trees or urns. Newspaper or magazine racks are not included but are covered in Chapter 13.34 of this code. Temporary obstructions: such as, construction works or materials, are not included but are covered in Chapter 13.36 of this code.

PUBLIC PLACE. All public property in the city, including, but not limited to, public thorough-fares and ways, streets, sidewalks, parkways, parking lots and public buildings.

('86 Code, § 13.32.010) (Ord. 3037, passed - - ; Am. Ord. 3608, passed - - ; Am. Ord. 3775, passed - - )

No permittee shall locate or maintain any object at a point or location other than that specified therefor in the permit for such object. It shall be the duty of the permittee to maintain each object at all times in a safe condition and at its specified location.

('86 Code, § 13.32.020) (Ord. 3037, passed - - ) Penalty, see § 1.12.010

The following provisions shall regulate advertising upon any object as that term is defined in this chapter:

(A) No advertising matter shall be permitted to be affixed to any object other than a transit adver-tising shelter, a sign or a clock.

(B) No advertising, sign, printing or writing on any object shall display the words “stop,” “look,” “drive-in,” or any other word, symbol or light device calculated to interfere with, mislead or distract traffic.

(C) No political advertising, no advertising of alcoholic beverages or cigarettes, and no advertising which in the opinion of the Director of Public Works is detrimental or harmful to the public welfare or public morals shall be permitted to be affixed to any object.

('86 Code, § 13.32.030) (Ord. 3037, passed - - ; Am. Ord. 3483, passed - - ; Am. Ord. 3608, passed - - ; Am. Ord. 3775, passed - - ) Penalty, see § 1.12.010

No person shall place, install or maintain a transit advertising shelter on or in any public place within the city without first obtaining a written permit therefor from the City Council. Therefore, the provisions of §§ 13.32.050 to and including 13.32.160 of this chapter shall not apply to, nor govern such transit advertising shelters.

('86 Code, § 13.32.035) (Ord. 3775, passed - - ) Penalty, see § 1.12.010

(A) Removal of unpermitted obstruction. Any obstructing object installed without a permit shall be removed by the Director of Public Works.

(B) Removal when permit revoked. After the revocation of any permit the permittee shall remove the object within ten days after notice of permit revocation, or the City Council may order the removal and storage of the object.

(C) Recovery after payment. The permittee may recover the object if, within 60 days after its removal, he pays the cost of such removal and storage, which shall not exceed the cost of removal and $100 per month for storage for each such object. After 60 days the City Council may at its discretion, sell, destroy or otherwise dispose of the object. All of the foregoing shall be at the sole risk of the permittee and shall be in addition to any other remedy provided by law for the violation of this section.

(D) Approval of advertising sign. The adver-tising on any object shall be subject to the approval of the city.

('86 Code, § 13.32.040) (Ord. 3037, passed - - )

No permit shall be issued pursuant to this section unless the applicant shall post and maintain with the city a policy of public liability insurance, approved by the City Council and conditioned as hereinafter provided.

('86 Code, § 13.32.050) (Ord. 3037, passed - - )

The policy of insurance shall protect the city, its officers and employees against any and all loss, costs, damages or liability which may result from or arise out of the granting of the permit, or the installation or maintenance of the object for which the permit is issued. The policy of insurance shall be maintained in its original amount by the permittee at his expense at all times during the period for which the permit is in effect. In the event that two or more permits are issued to one permittee, one policy of insurance may be furnished to cover two or more objects.

('86 Code, § 13.32.060) (Ord. 3037, passed - - )

The limit of liability upon any bond or policy of insurance, posted pursuant to the requirements of this chapter, shall be set by City Council resolution.

('86 Code, § 13.32.070) (Ord. 3037, passed - - )

The Director of Public Works shall make annual surveys as to the condition of all benches permitted under the provisions of this chapter.

('86 Code, § 13.32.080) (Ord. 2488, passed - - )

No person shall place, install or maintain any object on or in any public place within the city without first obtaining a written permit therefor from the Director of Public Works: provided, however, that any applicant dissatisfied with the decision of the Director of Public Works may appeal such decision to the City Council.

('86 Code, § 13.32.090) (Ord. 3037, passed - - ) Penalty, see § 1.12.010

A separate permit shall be obtained for each object and shall be valid only for the location specified therein.

('86 Code, § 13.32.100) (Ord. 3037, passed - - )

Application shall be made on forms provided by the city. Each application shall show:

(A) The name and address of the applicant.

(B) The location where the object is to be placed.

(C) The number of the object permits held by applicant at the time of making application and the location of existing objects established by applicant.

(D) A description of the object showing its use, type, general dimensions and material of construc-tion.

('86 Code, § 13.32.110) (Ord. 3037, passed - - )

Each application required by the preceding section shall be accompanied by an inspection fee in an amount to be set by City Council resolution for each object. If the application be approved, in whole or in part, a permit shall be issued therefor. All fees are nonrefundable.

('86 Code, § 13.32.120) (Ord. 3037, passed - - ; Am. Ord. 3395, passed - - )

The Director of Public Works or his designee shall annually inspect the location of each obstruction permitted pursuant to this section to verify compliance with the permit conditions.

Whenever an object for which a permit has been issued has been sold, or title or control thereof is transferred, a new permit must be obtained by the new owner.

('86 Code, § 13.32.150) (Ord. 3037, passed - - )

All permits issued under this chapter shall be revocable if applicant fails to install the object within 60 days after issuance or permit or at the pleasure of the City Council at any time after 30 days' notice to applicant. No fee paid prior to such revocation shall be refunded.

('86 Code, § 13.32.160) (Ord. 3037, passed - - )

The Director of Public Works shall enforce the provisions of this chapter.

('86 Code, § 13.32.170) (Ord. 2488, passed - - )

The Director of Public Works shall keep and maintain an index file of all permits granted or renewed under the provisions of this chapter and shall furnish the City Treasurer with a copy of all permits granted or renewed under the provisions of this chapter.

('86 Code, § 13.32.180) (Ord. 3037, passed - - )