City of Industry Municipal Code Art. I General Provisions

This chapter shall be known and may be cited as the "highway permit ordinance."

(Ord. 23 § 28, 1957)

Unless the provision or the context otherwise requires, these general provisions, rules of construction, and definitions shall govern the construction of this chapter.

(Ord. 23 § 1, 1957)

"Building or structure,"

in addition to the meanings ordinarily ascribed thereto includes any machine, implement, device, tree, derrick, stage or other setting, lumber, sash or door, structural steel, pipe bend, dynamo, transformer, generator, punch, agitator, object or thing having a width of more than eight feet, other than any implement of husbandry or any special mobile equipment, as defined in the California Vehicle Code having a width of ten feet or less. The term also includes a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum permitted by the state Vehicle Code.

"Commissioner"

means the road commissioner of the county, or any other person duly authorized by the city council of the city to perform the functions and duties of the road commissioner as provided in this chapter.

"Director"

means the director of the department of parks and recreation of the county, or any other person duly authorized by the city council of the city to perform the functions and duties of the director of the department of parks and recreation as provided in this chapter.

"Highway"

means any public highway, public street, public way, or public place in the territory of the city, either owned by the city or dedicated to the public for the purpose of travel.

"Moving contractor"

means any person who for himself or herself or for another moves or causes to be moved any building or structure over, upon, along or across any highway.

"Person"

includes any individual, firm, copartnership, joint venture, association, corporation, estate, trust, business trust, this state, any county, and all departments and bureaus thereof except the road department of the county, city and county, municipality, district or other political subdivision thereof, or any other group or combination acting as a unit.

"Section"

means a section of this chapter unless some other chapter, ordinance or statute is specifically mentioned.

"Total number of tire inches"

means that number calculated by adding the respective tire sizes as specified by the manufacturer of all tires resting upon the surface of the highway.

"Width"

means that dimension measured at right angles to the anterior-posterior axis of the conveyance upon which the building or structure or portion thereof is, or is to be, loaded or moved, or to the median line of the highway over which the same is being, or is to be moved.

(Ord. 23 §§ 4-16, 26, 1957)

Whenever a power is granted to, or a duty is imposed upon a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law or ordinance, by the officer, unless this chapter expressly provides otherwise.

(Ord. 23 § 2, 1957)

Whenever reference is made to any portion of this chapter or any other chapter, ordinance or statute, such reference applies to all amendments and additions now or hereafter made.

(Ord. 23 § 3, 1957)

Whenever in the provisions of this chapter, any costs are to be charged to any permittee, and no other method for the calculation of such costs is specified, such costs are the actual costs including the proportionate part of the salaries, wages, or other compensation of any deputy or employee, plus cost of overhead not to exceed fifteen percent of the total.

(Ord. 23 § 17, 1957)

Application for a permit shall be made in writing to the road commissioner.

(Ord. 23 § 19, 1957)

On each application the applicant shall sign a statement that he or she agrees to preserve and save harmless the city and county and each officer and employee thereof from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under any permit granted pursuant to the application.

(Ord. 23 § 22, 1957)

All other persons except the United States, this state, this or any other county, any municipal corporation, school district, other public district or public body shall make whatever deposit is required by this chapter and in addition pay an issuance fee in the amount determined by this city sufficient to recover the cost of issuance.

(Ord. 23 § 20, 1957; Ord. 92 § 1, 1958)

At the request of a permittee who maintains with the commissioner a general deposit as provided in Article II or III of this chapter and to whom an average of more than seventy-five permits has been issued monthly, said average to be based on the previous fiscal year's experience, or in the absence of such experience, to be based on the three most current calendar months experience, the commissioner may waive the requirement covering prepayment of the issuance fees and bill said permittee for issuance fees covering permits issued subsequent to such request. The commissioner may revoke such waiver at any time.

(Ord. 23 § 20.2, 1957)

The commissioner may grant a permit without issuance fee if he or she finds that the work to be done has been requested by the city or county in connection with proposed public works.

(Ord. 23 § 20.4, 1957; Ord. 92 § 1, 1958)

The issuance fees required by the provisions of this article are for the purpose of defraying the cost of issuing the requested permit. No part of any issuance fee may be refunded to any applicant.

(Ord. 23 § 21, 1957)

Issuance fees and charges for repairs, inspection or engineering collected under the provisions of this chapter shall be deposited in the respective funds from which the corresponding disbursements were made.

(Ord. 23 § 24, 1957)

A person shall not prevent or obstruct the commissioner, or his or her duly authorized representative, in making any inspection authorized by this chapter or in taking any sample or in making any test.

(Ord. 23 § 29, 1957)

Every person who violates any provision of this chapter is guilty of a misdemeanor, and is guilty of a separate offense for every day during any part of which such violation occurs.

(Ord. 3 § 25, 1957)

Every person is guilty of a misdemeanor who fails or neglects to comply with any requirement of this chapter.

(Ord. 23 § 18.5, 1957)

Every person is guilty of a misdemeanor who, before obtaining a permit from the commissioner so to do:

A. Moves or causes to be moved along any highway any building or structure;

B. Makes or causes to be made any excavation, fill or obstruction of, or lays, constructs or repairs any curb, sidewalk, gutter, driveway, roadway surface, retaining wall, storm drain or culvert or other work of any nature in, over, along, across or through any highway;

C. Constructs, reconstructs, or repairs any highway light, or highway lighting system in any highway or in any privately owned thoroughfare which is open to public travel. This subsection does not apply if such installation is made by the state, any county, city and county, municipality, district, or other political subdivision.

D. Constructs, reconstructs, repairs, or maintains any canopy as defined in Article V of this chapter.

(Ord. 23 § 18, 1957)

Violation of any provision of this chapter is punishable as follows:

A. Violation of any provision in this article or in Article II, or in Article IV relating to highway lighting, or in Article V, by a fine of not more than five hundred dollars or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment;

B. Violation of any provision in Article III or in IV, except provisions in Article IV relating to highway lighting, by a fine of not less than ten dollars nor more than one hundred dollars, or by imprisonment in the county jail for rot more than sixty days or by both such fine and imprisonment.

(Ord. 23 § 27, 1957)