Part 2 — UNDERGROUND UTILITY DISTRICTS

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

COMMISSION. The Public Utilities Commission of the state.

POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES. Poles, towers, supports, wires,

conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above-ground within a district and used or useful in supplying electric, communication or similar or associated service.

UNDERGROUND UTILITY DISTRICT or DISTRICT. An area in the city which is described in a resolution

adopted pursuant to the provisions of this part, within which poles, overhead wires and associated overhead structures are prohibited.

UTILITY. This term includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.

('83 Code, § 13.08.010)

(A) The Council may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication or similar or associated service.

(B) Prior to holding the public hearing, the Director of Public Works shall consult all affected utilities and shall prepare a report for submission at the hearing containing, among other information, the extent of the utilities participation and estimates of the total costs to the city and affected property owners. The report shall also contain an estimate of the time required to complete the underground installation and removal of overhead facilities.

(C) The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of the hearings at least ten days prior to the date thereof.

(D) Each such hearing shall be open to the public and may be continued from time to time.

(E) At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive.

('83 Code, § 13.08.020)

If, after any such public hearing the Council finds that the public necessity, health, safety or welfare requires the removal and the underground installation within a designated area, the Council shall, by resolution, declare the designated area an underground utility district and order such removal and underground installation. The resolution shall include a description of the area comprising the district and shall fix the time within which the removed and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for the removal and underground installation, having due regard for the availability of labor, materials, and equipment necessary for the removal and for the installation of the underground facilities as may be occasioned thereby.

('83 Code, § 13.08.030)

Whenever the Council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in § 97.072, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when the overhead facilities are required to be removed by such resolution, except as the overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by the owner or occupant of the underground work necessary for the owner or occupant to continue to receive utility service as provided in § 97.078, and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in this part. ('83 Code, § 13.08.040) Penalty, see § 10.99

Notwithstanding the provisions of this part, poles, overhead facilities and associated overhead structures, may be installed and maintained in a district, with the approval of the City Manager in order to provide emergency or temporary service.

('83 Code, § 13.08.050)

Any resolution adopted pursuant to § 97.072, shall not, unless otherwise provided in the resolution, apply to any of the following types of facilities:

(A) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the Director of Public Works.

• (B) Poles, or electroliers used exclusively for street lighting.

(C) Overhead wires, exclusive of supporting structures, crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited.

(D) Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts.

(E) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the building or to an adjacent building.

(F) Antennae, associated equipment and supporting structures, used by a utility for furnishing communication service.

(G) Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts.

(H) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.

('83 Code, § 13.08.060) (Ord. 845, passed - -82)

(A) Within ten days after the effective date of a resolution adopted pursuant to § 97.072, the City Clerk shall notify all affected utilities and all persons owning real property within the district created by the resolution of the adoption thereof.

(B) The City Clerk shall further notify the affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or the occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to the applicable rules, regulations and tariffs of the respective utility or utilities, on file with the Commission.

(C) Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to § 97.072, together with a copy of this part, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.

('83 Code, § 13.08.070)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to § 97.072, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Commission. ('83 Code, § 13.08.080) Penalty, see § 10.99

(A) Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his property between the facilities referred to in § 97.077 and the termination facility on or within the building or structure being served, all in accordance with the applicable rules, regulations and tariffs of the respective utility or utilities, on file with the Commission.

(B) In the event any person owning, operating, leasing, occupying or renting the property does not comply with the provisions of division (A) of this section within the time provided for in the resolution enacted pursuant to § 97.072, the Director of Public Works shall post written notice on the property being served and, 30 days thereafter, may authorize the disconnection, removal and replacement, of any and all service associated facilities supplying utility service to the property. Where such work is accomplished by the city, or its agents, the actual cost thereof, and administration costs shall be a debt owed to the city by the property owner.

('83 Code, § 13.08.090) Penalty, see § 10.99

The city shall remove at its own expense all city-owned equipment from all poles required to be removed under this part in ample time to enable the owner or user of the poles to remove the same within the time specified in the resolution enacted pursuant to § 97.072.

('83 Code, § 13.08.100)

In the event that any act required by this part or by a resolution adopted pursuant to § 97.072 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. ('83 Code, § 13.08.110)

HOUSE NUMBERS

The Director of Public Works shall assign to all lots and buildings specific street numbers that shall be consistent with the house numbering system of the city as it presently exists or as it may be amended upon instructions from the City Council.

('83 Code, § 12.16.010) (Ord. 845, passed - -82)

(A) Authority.

(1) No person shall paint house address numbers on the curb of any public street without first having obtained a permit therefor from the City Manager.

(2) No such permit shall be issued unless the City Manager finds that the issuance thereof is in the public interest. ('83 Code, § 12.16.020)

(B) Type of markings. Where a permit is obtained allowing the painting of house address numbers on street curbs, the markings shall consist of a white field with black letters thereon. The field shall be reflectorized by clear glass spherical beads applied with force against the white field paint while the same is still tacky so that the beads will be firmly bonded to the field paint upon drying. The field and numeral borders shall be sharply defined with no running or blurring of edges. The numerals shall be four inches in height. The field shall have a minimum border of one inch at all edges of the numerals. All work shall be performed in accordance with specifications prepared by the Director of Public Works.

('83 Code, § 12.16.030)

(C) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. (Ord. 845, passed - -82) Penalty, see § 10.99

PARADE AND DEMONSTRATION PERMITS

For purposes of this subchapter, the following definitions shall apply:

BUSINESS DAY. Any day in which the administrative offices of the City of Baldwin Park are open for business. CHIEF EXECUTIVE OFFICER. The Chief Executive Officer of the City of Baldwin Park or his/her designee. DEMONSTRATION. A group gathering for the purpose of expressive activity.

EXPRESSIVE ACTIVITY. Conduct, the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinion, views or ideas. Expressive activity includes, but is not limited to, public oratory and the distribution of literature.

GROUP GATHERING. Any formation, procession, or congregation of persons who intend to or do assemble, travel in unison, or both assemble and travel in unison, for any purpose in or on any public place.

PUBLIC PLACE. Any public property which is recognized by law as a public forum, including without limitation any park, plaza, street, alley, highway, thoroughfare or sidewalk.

SPONTANEOUS DEMONSTRATION. A demonstration occasioned by news or other information which has come into public knowledge within five days before such demonstration.

(Ord. 1266, passed 6-15-05; Am. Ord. 1267, passed 7-6-05)

(A) No person shall hold, manage, conduct or cause to be conducted, or participate or take part in any group gathering in, on, or upon any public place without first obtaining a permit therefor in the manner specified in this subchapter.

(B) The following group gatherings shall be exempt from the permit required by division (A) of this section:

(1) Any group gathering consisting of not more than 35 persons which takes place in a public place and in a manner that complies with all regulations, laws, or controls governing the use of such public place, including but not limited to any applicable traffic regulations.

(2) Funeral processions not otherwise exempt pursuant to division (1) above, if conducted by a licensed mortuary or funeral home, and provided the Chief Executive Officer has been provided notice of the proposed date, time, and

route of such procession not less than two business days prior to the procession occurring;

(3) Any group gathering not otherwise exempt pursuant to division (1) above which is conducted or sponsored by a governmental entity and which takes place solely within or on property owned by such governmental entity. (Ord. 1266, passed 6-15-05; Am. Ord. 1267, passed 7-6-05)

(A) The Chief Executive Officer may condition any permit issued pursuant to this subchapter with reasonable requirements concerning the time, place, or manner of holding a group gathering as set forth in § 97.109(D).

(B) Conditions which may be imposed on a permit include, but are not limited to, the following:

(1) The establishment of an assembly and/or disbanding area for a group gathering which involves traveling in unison;

(2) The accommodation of the pedestrian and vehicular traffic which will result from the group gathering, including, but not limited to, requiring the use of traffic cones or barricades or city personnel to direct such traffic;

(3) The restriction of persons not in vehicles to such designated portions of a public place as necessary to assure their personal safety or the safety of the public;

(4) Conditions designed to avoid or lessen interference with public safety functions or emergency service access;

(5) Inspection and approval by city personnel of any stage, booth, or other structure proposed for use in connection with the group gathering to ensure that such structures are safely constructed and conform to the requirements of all applicable codes;

(6) The provision and use of first aid stations or sanitary facilities, including handicap accessible facilities;

(7) Restrictions on the use of sound amplification equipment or other noise generating machinery as necessary to cause the conduct of the participants in the group gathering to comply with applicable noise regulations;

(8) The provision of a waste management plan, and requirements for the clean-up and restoration of the site of the group gathering;

(9) The manner in which the permittee must provide notice of permit conditions to participants in the group gathering;

(10) A requirement that the permittee provide notice of the group gathering to businesses and residences which abut the proposed location(s) of the group gathering or are directly across the street from the proposed location(s) of the group gathering;

(11) The designation of alternate sites, times, dates, or modes for expressive activity which will reasonably reduce or mitigate adverse impacts on the public health and safety.

(C) Issuance of a permit pursuant to this subchapter does not obligate or require the city to provide any city services, equipment, or personnel in support of a group gathering. If such services, equipment, or personnel are required as a condition of approval, the permittee shall be responsible to reimburse the city for the actual cost of such services, equipment, or personnel as set forth in § 97.110.

(D) No condition shall be imposed in a manner that will unreasonably restrict expressive activity or other activity protected by the California or United States Constitutions.

(Ord. 1266, passed 6-15-05; Am. Ord. 1267, passed 7-6-05)

(A) The application for a permit to conduct a group gathering shall be filed on the form provided by the city with the Chief Executive Officer.

(B) Except as set forth in this subsection for spontaneous demonstrations, each application for a permit for any group gathering which involves any use of a public place regularly utilized for vehicles, including but not limited to the crossing of streets by pedestrian participants traveling in unison, must be filed not less than seven business days immediately prior to the date of the group gathering. Except as set forth in this division for spontaneous demonstrations, each application which involves only the use of a public place from which vehicular access is barred must be filed not less than three business days immediately prior to the date of the group gathering. Each application for a spontaneous demonstration may be filed not later than 5:00 p.m. of the second business day immediately preceding the date of the proposed spontaneous demonstration.

(C) Each application shall contain full, complete and detailed information as to the following:

(1) The name, address, and telephone number of the person or persons seeking to conduct the group gathering. If the person is an organization, the name, address, and telephone number of the individual to be contacted shall also be included;

(2) A certification that the applicant shall be financially responsible for any city fees, charges, or costs that may be lawfully imposed for the group gathering;

• (3) A statement of the purpose of the group gathering;

• (4) A statement of any fees to be charged to participants or spectators in connection with the group gathering;

(5) The proposed location of the group gathering, including a plot plan depicting the placement of any temporary structures or facilities. If the group gathering involves traveling in unison, the proposed location of the assembly and disbanding areas and the route to be taken, including a map and written narrative, shall be provided;

• (6) The date of the group gathering;

(7) The time when the group gathering is to be conducted including the approximate times for assembly for and disbanding of the group gathering;

(8) The approximate number of persons, and the approximate number and type of any animals or vehicles that will participate in the group gathering;

• (9) A description of any amplification equipment to be used at the group gathering;

• (10) A description of any other noise generating machinery to be used at the group gathering;

(11) A description of any equipment or service necessary to conduct the group gathering with due regard for the health and safety of the participants and the public;

(12) The number of persons proposed or required to monitor or facilitate the group gathering and to provide control and direction for use of the public place;

(13) Provisions, if any, for first aid or emergency medical services, or both, based upon risk factors inherent in the group gathering activities;

(14) Provisions, if any, for food and/or beverage distribution to the participants in the group gathering;

(15) Provisions for clean-up and disposal of any debris or waste generated by the group gathering.

(Ord. 1266, passed 6-15-05; Am. Ord. 1267, passed 7-6-05)

(A) Within two business days after the filing of an application for any group gathering other than a spontaneous demonstration, the Chief Executive Officer shall review it and either approve, conditionally approve, or deny the application. The Chief Executive Officer shall review and either approve, conditionally approve, or deny an application for a spontaneous demonstration by 5:00 p.m. of the business day immediately preceding the date of the proposed spontaneous demonstration.

(B) The Chief Executive Officer shall make his/her determination on whether to approve, conditionally approve, or deny the application on the basis of the standards set forth in this section. In making such determination, no

consideration shall be given to any message or the content of any expressive activity connected with the group gathering, the identity or associational relationships of the organizer of the group gathering or its members or affiliates, or any assumptions or predictions as to response by any spectators to any expressive activity connected with the group gathering.

(C) The Chief Executive Officer shall issue the permit unconditionally if he finds that the following criteria have been met:

(1) The proposed use of the public place is not governed by or subject to any other permit procedures or to any other applicable laws, rules, or regulations governing the use of such public place;

(2) The group gathering will not substantially interrupt public transportation or other vehicular traffic in the area of its location or constitute or create a traffic hazard;

(3) The activity to be conducted by the participants in the group gathering will not result in or lead to injury to person or property;

(4) The group gathering will not interfere with construction or development scheduled to occur at the public place on the date of the group;

(5) The group gathering will not substantially interfere with other authorized and permitted uses of the public place proposed for use;

(6) The group gathering will not unreasonably interfere with access to police or fire stations or other public safety facilities;

(7) The proposed location(s) for the group gathering can physically accommodate the number of participants expected.

(D) If the Chief Executive Officer determines that one or more of the findings required by division (C) above cannot be met, he shall determine whether the imposition of any one or more of the conditions set forth in § 97.107 on the time, place, or manner of conduct of the group gathering can cause such criteria to be met. In such case, he or she shall issue the permit subject to the applicable condition(s).

(E) The Chief Executive Officer shall deny the application if:

(1) The application contains incomplete, false or misleading information; or

(2) The applicant or the person or entity on whose behalf the application for the permit was made has on the prior occasion of a group gathering damaged city property and has not paid in full for such damage or has other outstanding and unpaid debts to the city resulting from a prior group gathering; or

(3) The Chief Executive Officer determines that one or more of the findings required by division (C) above has not been met and there is no permissible condition which may be imposed on the time, place or manner of conduct of the group gathering so as to cause the findings set forth in division (C) above to be met.

(F) The Chief Executive Officer shall give prompt notice of his or her approval, conditional approval, or denial of the application to the applicant by telephone, followed by written confirmation of the decision. Such notice shall include notice of any cost deposits required pursuant to § 97.110 and/or insurance required pursuant to § 97.111. Any decision to conditionally approve or deny an application shall be accompanied by detailed facts and reasons for such determination.

(Ord. 1266, passed 6-15-05; Am. Ord. 1267, passed 7-6-05)

(A) Each application shall be accompanied by a nonrefundable permit application fee in an amount established by resolution of the City Council.

(B) If any condition of approval requires the permittee to obtain and utilize services, equipment or personnel to be provided by the city, the Chief Executive Officer shall provide the permittee with an estimate of the cost thereof, based

upon the actual cost to the city of providing such service, equipment, or personnel for the time(s) and in the place(s) required. The permit shall not be issued until such time as the permittee has posted with the city a deposit in the total amount of the estimated cost.

(C) If a group gathering includes the use of horses or other large animals, the operation of water stations, or food or beverage distribution or sales, a deposit reasonably calculated to cover the cost of cleaning the public place after the conclusion of the group gathering may be required. The permit shall not be issued until such time as the permittee has posted such deposit with the city.

(D) The city shall keep true and accurate records of the actual costs of services, equipment, personnel, or clean-up incurred in connection with the group gathering. Such costs shall include all costs incurred by the city in anticipation of the group gathering, even if the event is cancelled. If the actual costs are less than the deposit, any excess funds shall be promptly refunded to the permittee. If the actual costs exceed the deposit, the city shall send notice to the permittee of the amount due, which shall be due and payable within ten days of the date of notice.

(E) Any indigent natural person who intends to organize a demonstration who cannot obtain a permit because of an inability arising from such indigence to pay the costs or obtain the insurance required by this subchapter may request the Chief Executive Officer to recommend alternatives to the scale, time, place, or conduct of the demonstration that would result in less costs being incurred or insurance not being required. Upon receipt of such request, the Chief Executive Officer shall make his or her best efforts to advise the indigent natural person of such alternatives and shall modify or waive such costs and/or insurance upon acceptance by such person or such alternatives. Application for indigent status shall be made at the time of permit application and shall be accompanied by such relevant information and documentation as may, in the opinion of the Chief Executive Officer, be reasonably necessary to verify such status. For purposes of this subchapter, an indigent natural person shall be a person who meets the standards of eligibility to proceed in court in forma pauperis.

(Ord. 1266, passed 6-15-05; Am. Ord. 1267, passed 7-6-05)

(A) Each permit shall expressly provide that the permittee agrees to protect, indemnify, and hold harmless the city, and its officers, employees, and agents from and against any and all claims, damages, expenses, losses, or liability of any kind or nature whatsoever arising out of, or resulting from the alleged acts or omissions of the permittee or its officers, employees, or agents connected with the permitted group gathering, and to defend, at the permittee’s own cost, risk, and expense, any and all claims or legal actions that may be commenced or filed against the city, or its officers, employees or agents as a result of the alleged acts or omission of permittee or permittee’s officers, employees, or agents connected with the permitted group gathering.

(B) No permit shall be issued until the permittee has provided evidence satisfactory to the Chief Executive Officer that the permittee has procured a policy of insurance from a reliable insurance company authorized to do business in the state, which policy includes the city, its officers, employees and agents as named insureds or additional named insureds, and which provides the coverage that the Chief Executive Officer determines to be necessary, reasonable, and adequate under the circumstances. In making such determination, the Chief Executive Officer shall consider only the following factors:

(1) Those physical factors arising from the manner in which the group gathering is held which create the risk of injury to the participants or spectators of the group gathering, including, but not limited to, the number of participants, the location of the group gathering, and the absence or presence of vehicular traffic in proximity to the group gathering;

(2) Whether the risk can be lessened or eliminated by adjusting the time, date, place, or planned manner of conduct related to the group gathering; and

(3) If so, whether the applicant is willing to make such adjustments.

(Ord. 1266, passed 6-15-05; Am. Ord. 1267, passed 7-6-05)

PARKWAY TREES

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

BEAUTIFICATION PROJECTS. Any area improved, landscaped, or maintained by the Department of Public Works.

DIRECTOR. The Director of Public Works of the city.

LIST. The Approved Parkway Trees and Planting Materials List of the city as approved by the City Council. MAINTAIN or MAINTENANCE Includes, but is not limited to, chipping, spraying, fertilizing, staking and tying, treating for disease or injury, and any other similar acts, which promote the life, growth, health or beauty of trees. PARKWAY. Those strips of land between lot lines and portions of abutting public streets utilized for vehicular traffic, which are owned by the city in fee, or, as to which, the city has an easement for public street purposes. PARKWAY TREE. Any tree planted for the purpose of providing shade or beauty to the street area.

PLAN. The Comprehensive Plan for the Planting and Maintenance of Trees in Public Areas in the city as approved by the Council.

PUBLIC AREA. Parks, playgrounds, and areas around public buildings or other areas maintained by the city. STREET. Includes any public street, avenue, boulevard, lane, walk, road, parkway, right-of-way or other public way, except alleys.

TREE Any tree planted or maintained by the city located in a parkway or in a public area. ('83 Code, § 12.28.010) (Ord. 845, passed - -82)

The Director of Public Works shall prepare, for approval of the Council, the list containing the types of varieties of trees for planting in all parkways and in all public areas within the city. ('83 Code, § 12.28.020) (Ord. 845, passed - -82)

The Director shall prepare for approval by the Council the plan for the planting and maintenance of trees in streets and public areas in the city, which shall include in general, maps of streets and public areas in the city, upon which there shall be designated a general plan for the uniform planting of trees, and specifications for the size and type of such trees permissible within parkways within the city. ('83 Code, § 12.28.030) (Ord. 845, passed - -82)

Statutory reference:

Landscaping and Lighting Act of 1972, see Cal. Sts. & High. Code §§ 22500 et seq.

(A) No person shall place fences, rocks, gravel, signs, stakes, or any other objects immediately adjacent to a tree, excepting watering basins for young trees, and objects for the temporary protection of new plantings of ground cover. (B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction.

('83 Code, § 12.28.040) Penalty, see § 10.99

Except as provided in § 97.130, it shall be the sole responsibility of the owner or person in possession of each lot in the city to properly maintain in parkways abutting such lots all plants and other vegetation located therein. ('83 Code, § 12.28.050) Penalty, see § 10.99

The city shall be responsible for maintenance of all trees within public areas and parkways. ('83 Code, § 12.28.060)

Whenever the owner of a lot desires to have a tree removed from an abutting parkway, he shall file a written request therefore for approval by the Director of Public Works. If the tree is found to be in good condition and the request is granted solely for the convenience of the applicant, then the full cost, including overhead, of the removal and replanting as necessary, shall be borne by the person making the request and the estimated amount, as determined by the Director of Public Works, shall be paid to the Director of Administrative Services before removal shall take place. ('83 Code, § 12.28.070) (Ord. 845, passed - -82)

(A) No person shall remove, trim, prune, or cut any tree located in a public area or a parkway except as provided in this subchapter. No person shall injure or destroy any such tree by any means, including but not limited to, the following:

(1) By constructing a concrete, asphalt, brick or gravel sidewalk or otherwise filling up the ground area around any such tree so as to shut off its air, light or water from its roots (42 inches by 42 inches closing).

(2) By piling building material and equipment or other substance and materials around any such tree or shrub so as to cause injury thereto.

(3) By pouring any deleterious matter on or around any tree or shrub or on the surrounding ground, lawn or sidewalk.

(4) By posting any sign, poster or notice on any such tree, tree stake or guard or by fastening guide wires, cables, ropes, nails, screws or other devices to any tree, tree stake or guard.

(5) By causing or encouraging any fire near or around any such tree.

(B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 12.28.080) Penalty, see § 10.99

STREET BANNERS

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

CITY CO-SPONSORED EVENT. Any event that is at least 50% supported or sustained by the city in some manner as determined by the City Council, including but not limited to, financially, by providing materials or services. CITY SPONSORED EVENT. Any event supported and sustained solely by the city, as determined by the City Council.

STREET BANNER. Any cloth, canvas or vinyl sign or banner, or other device designed for use in or over a public street, alley, or place, or any other public right-of-way, or any portion thereof, or from a light standard within the public right-of-way.

(‘83 Code, § 12.20.010) (Am. Ord. 1268, passed 9-7-05)

(A) No person shall erect, maintain, place, suspend, attach or move any street banner for any purpose whatsoever, in, along, over, above or across any public street, alley or place or any other public right-of-way, or any portion thereof, without first obtaining a permit therefor in the manner prescribed in this subchapter.

(B) A permit required under division (A) above, may only be granted for street banners for a city sponsored or city co-sponsored event, for which the banners shall be approved by the city.

(C) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be a misdemeanor.

(‘83 Code, § 12.20.020) (Am. Ord. 1268, passed 9-7-05) Penalty, see § 10.99

(A) Any person or entity desiring to place or locate a street banner, for any purpose whatsoever, in, along, over, across or above any public street, alley or place or any other public right-of-way, or portion thereof, shall file with the Director of Public Works, an application therefor, on the forms prescribed by him/her, together with a filing and processing fee, as required. The filing and processing fee shall be as set forth by resolution of the City Council. (B) A service fee shall be charged if the permittee desires the city to install and remove the street banner on the permittee’s behalf. The service charge shall be the actual cost to the city for installing and removing the street banner, as determined by the Director of Public Works.

• (C) The filing, processing and service fee may be waived:

• (1) In its entirety for a city sponsored event;

• (2) By up to 50% for a city co-sponsored event.

(‘83 Code, § 12.20.030) (Ord. 845, passed - -82; Am. Ord. 1268, passed 9-7-05)

Upon receipt of an application for a street banner, the Director of Public Works shall issue a permit for the placement thereof if he finds that the banner will not cause a traffic hazard or create a public or private nuisance. The Director of Public Works may condition the issuance of the permit to insure that compliance is had with all provisions of this subchapter.

('83 Code, § 12.20.040) (Ord. 845, passed - -82)

• (A) The holder of any permit for any street banner shall comply with the following regulations:

(1) The exact design and wording proposed to be used on the street banner shall be submitted to the Director of Public Works together with the application. There shall be no deviation from the design and wording without the Director's prior approval.

• (2) No permit shall be issued for banners for partisan political or commercial occurrences or events.

(3) Each permit issued shall contain on its face, and the applicant shall be bound thereby, a designation of the location or locations at which the banner or banners may be placed, and the time during which the banner or banners may be so placed.

(4) No banner shall be erected pursuant to this subchapter unless the banner or device is of a substantial cloth or canvas material, adequately ventilated for wind, and securely suspended from existing poles or other structures, at least 18 feet above the highest point of the underlying roadway or other public place. The erection of special poles or other supports on public or private property shall not be authorized or allowed pursuant to this subchapter, except by specific approval of the Director of Public Works.

(5) Banners shall not be placed so as to interfere with street lights, traffic signals or other structures of a public or private nature.

• (6) No permit shall be issued for a period of more than 180 consecutive calendar days.

(7) All banners authorized to be installed by the permittee shall be so installed by a contractor approved by the Director of Public Works. Any damage to the public street, alley or place or any other public right-of-way, or portion thereof, resulting from the installing, displaying or removing of any street banner shall be solely borne by the permittee and the permittee's contractor.

(B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 12.20.050) (Ord. 845, passed - -82; Am. Ord. 1268, passed 9-7-05) Penalty, see § 10.99

The Director of Public Works, upon 24 hours written notice given to the applicant shall suspend a permit whenever it is found by him that the applicant has not complied with any conditions of issuance imposed upon the permit, or has violated any other rule, regulation or law. The order of suspension shall be an order of revocation unless an appeal is filed in the time and manner as provided in this subchapter.

('83 Code, § 12.20.060) (Ord. 845, passed - -82)

Any decision of the Director of Public Works with respect to suspension, or with regard to the denial, issuance or conditions imposed upon the issuance of a permit under this subchapter, shall be directly appealable to the City Council in the time an manner set forth in § 30.04.

('83 Code, § 12.20.070) (Ord. 845, passed - -82)

Upon final revocation of a permit, the applicant shall, within 24 hours, remove the street banner. If the banner is not removed within the time limit, the Director of Public Works shall cause the banner to be removed, and shall charge the applicant for the cost thereof. The charges shall be collectible as a civil debt. ('83 Code, § 12.20.080) (Ord. 845, passed - -82)

Upon the expiration of a permit for a street banner, the applicant shall cause the banner to be removed within 24 hours thereafter. If the street banner is not removed within the said time, the Director of Public Works shall cause the banner to be removed and charge the applicant for the cost thereof. The charges shall be collectible as a civil debt. ('83 Code, § 12.20.090) (Ord. 845, passed - -82)

Notwithstanding any of the provisions of this subchapter, the Director of Public Works is empowered to remove any street banner at any time, without notice to the permittee, if he finds the banner is hazardous and/or defective and represents and constitutes an immediate threat to the public peace, health, welfare and safety. ('83 Code, § 12.20.100) (Ord. 845, passed - -82)

For any city co-sponsored event for which a permit is issued, one or more of the other co-sponsors shall be required to provide and maintain liability insurance, identifying the city as co-insured in an amount not less than $1,000,000. (Ord. 1268, passed 9-7-05)

During the term of a permit for any street banner for a city co-sponsored event and with at least one- week notice, the city may require the removal of, or remove at each co-sponsor's expense, any street banner installed for a city cosponsored event in order for the city to install and display any street banner for a city sponsored event. Any street banner removed pursuant to this section may be reinstalled by any co-sponsor and displayed for the number of days remaining on the original permit subject to the conditions of this subchapter and that permit. (Ord. 1268, passed 9-7-05)

STREET BENCHES

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

BENCH. A seat located upon public property along any public way for the accommodation of passersby or persons awaiting transportation.

STREET. Any public thoroughfare or way including the sidewalk, the parkway and any other public property immediately adjacent to a public street.

('83 Code, § 12.12.010)

(A) Required. No person shall install or maintain any bench on any street without a permit from the City Manager. Such a permit shall be valid only for the location specified therein, and for a period of one year. Not more than two benches shall be allowed at any one location.

('83 Code, § 12.12.020)

(B) Application. No bench permit shall be issued except upon written application identifying the proposed location of each bench, the type of construction proposed, and such other information as the City Manager may require. ('83 Code, § 12.12.030)

(C) Fee. Each application must be accompanied by a filing and processing fee set by resolution of the City Council for each bench. No part of the fee shall be refundable.

('83 Code, § 12.12.040)

(D) Denial. A permit application shall be denied if the City Manager finds that the maintenance of the bench would tend to obstruct passage along any public way or create a hazard or would otherwise be detrimental to the public safety, welfare or convenience.

('83 Code, § 12.12.050)

• (E) Revocation.

(1) Any permit may be revoked, or renewal thereof denied, for any violation of any of the provisions of this subchapter, for any fraud or misrepresentation in the application, or for any other reason which would have been grounds for denial of the application.

(2) Any permit issued under this subchapter shall be deemed cancelled and revoked, if the permittee fails to place the bench within 60 days after the date of the issuance of the permit.

(F) Notwithstanding any other provision of this code, a violation of division (A) of this section shall be deemed to be an infraction.

('83 Code, § 12.12.060) Penalty, see § 10.99

(A) After the revocation of any permit, the City Manager may remove and store the bench, if the permittee fails to do so within 15 days after being given notice of the revocation.

(B) The permittee may recover the bench, if within 60 days after the removal, he pays the cost of the removal and storage, which shall be a fee as set by resolution of the City Council for each such bench. After 60 days, the City Manager may sell, destroy or otherwise dispose of the bench at his discretion. All of the foregoing shall be at the sole risk of the permittee, and shall be in addition to any other penalties provided by law for the violation of this subchapter.

('83 Code, § 12.12.070)

Whenever a bench for which a permit has been issued is sold or title or control thereof assigned or transferred, the City Manager shall be immediately notified of the transaction.

('83 Code, § 12.12.080) Penalty, see § 10.99

(A) No advertising matter or sign whatever shall be displayed upon any bench except upon the front and rear surfaces of the backrest, and not more than 75% of each such surface shall be so used. All advertising shall be subject to the approval of the City Manager.

(B) No advertisement or sign on any bench shall display the words "stop," "look," "drive-in," "danger" or any other similar word, phrase, symbol or character which might interfere with, mislead or distract traffic.

(C) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction.

('83 Code, § 12.12.090) Penalty, see § 10.99

Statutory reference:

Advertising displays, Cal. Bus. & Prof. Code §§ 5230 and 5231

The City Manager shall enforce the provisions of this subchapter and shall have complete authority over the installation and maintenance of benches, subject to the provisions in this subchapter. ('83 Code, § 12.12.100)

BLINDER RACKS

(A) The City Council finds that the public health, safety, welfare and convenience require that:

(1) The good appearance of public streets and grounds be maintained;

(2) Visual blight on the public rights-of- way or which may unreasonably detract from the aesthetics of adjacent store window displays, landscaping and other improvements be reduced;

(3) Minors be shielded from materials which may be harmful to their psychological or physical well-being.

(B) The City Council also finds, however, that the reasonable use of such rights-of-way is historically associated with the sale and distribution of newspapers and publications, and such use is a constitutionally protected right.

(C) Although state law makes the knowing distribution, sale, or exhibition of harmful matter to minors a criminal offense, as specifically set forth in Penal Code § 313.1, § 313.1(d) clearly provides that nothing in this section invalidates or prohibits the adoption of an ordinance by a city, county, or city and county, that restricts the display of material that is harmful to minors, as defined in this chapter, in a public place, other than a public place from which minors are excluded, by requiring the placement of devices commonly known as blinder racks in front of the material, so that the lower two-thirds of the material is not exposed to view.

(D) It is the intent of the City Council to require the placement of blinder racks as permitted by Penal Code §§ 311 through 313.1(d). It is also the intent of the City Council to use the provisions of Penal Code §§ 311 through 313.4 as a guide to the interpretation of and the definition of words and phrases contained in this chapter. (Ord. 1235, passed 5-19-04)

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

BLINDER RACK. Any device placed in front of any material or matter so that the lower two-thirds of the material or matter is not exposed to public view.

DIRECTOR. The Director of Public Works of the city, and his or her designee.

NEWSRACK. Any self-service or coin operated box, container, storage unit, or other dispenser, installed, used, or maintained for the display and distribution of a newspaper, periodical, or other printed matter.

PUBLIC RIGHT-OF-WAY. Any land which by deed, conveyance, agreement, easement, dedication, usage or

process of law is reserved for and dedicated to the general public for street, highway, alley, sidewalk, walkway, storm drainage, or bicycle path purposes.

(Ord. 1235, passed 5-19-04)

Every newsrack owner shall permanently affix to each newsrack the owner’s name, address, and telephone number above the level of the newspapers or periodicals being displayed for distribution in a place where it may be seen by anyone using the newsrack.

(Ord. 1235, passed 5-19-04)

No person shall knowingly display or cause to be displayed in any public place, other than a public place from which minors are excluded, any harmful matter as defined in § 313 of the Penal Code, unless such matter is displayed in or upon shelves, newsracks, newsstands, containers, storage units, or any other dispensers equipped with devices commonly known as blinder racks affixed in such a manner that the lower two-thirds of the matter is not exposed to public view.

(Ord. 1235, passed 5-19-04)

(A) The Director may immediately correct any violation of this chapter, and shall do so without impounding, if such correction can be accomplished simply, easily, quickly, and without substantial public expense.

(B) Any newsrack installed, used, or maintained in violation of the provisions of this chapter, or of state law, may be subject to removal, storage, and disposal by the Director. In such cases, the Director shall notify the owner, by mail, that, unless the violation is corrected or a hearing requested within 15 calendar days of the date of the notice, the newsrack will be impounded.

(Ord. 1235, passed 5-19-04)

(A) Any owner of a newsrack aggrieved by a decision under § 97.184 may request a hearing before the Chief Executive Officer or his or her designee (other than the Director), provided that a written request for such hearing is received by the City Clerk no later than 15 calendar days from the date of the notice issued under § 97.184.

(B) A hearing shall be held within ten business days of the date of receipt of a timely request for a hearing. At the hearing, the owner of the newsrack may present evidence or argument as to whether the newsrack should not be impounded or should be returned without payment of an impound fee.

(C) The Chief Executive Officer, or his or her designee, shall render a written decision within seven business days after the close of the hearing. The decision of the Chief Executive Officer or his or her designee shall be final. Failure to so render a decision within seven business days shall not affect the validity of such decision. (Ord. 1235, passed 5-19-04)

(A) The owner of the newsrack may, at any time up to and including the thirtieth day after the impounding, and if a hearing is held concerning the newsrack at any time up to and including the thirtieth day after the written decision, obtain a return of the newsrack and its contents, upon paying an impound fee established by resolution of the City Council.

(B) If a hearing on the impounding of the newsrack is not timely requested, or if the newsrack is not returned in accordance with the provisions of this chapter, the Director may sell or otherwise dispose of the newsrack, its contents, and deposit the proceeds, if any, from any such sale or other disposition, and any moneys contained in the newsrack, in the city’s general fund.

(Ord. 1235, passed 5-19-04)

In addition to any and all remedies set forth in this chapter in connection with violations thereof, displays of harmful matter to minors in violation of § 97.183 of this chapter shall be punished as a misdemeanor pursuant to § 10.99 by a fine not exceeding $1,000 or by imprisonment for a term not exceeding six months, or by both fine and imprisonment. (Ord. 1235, passed 5-19-04)