Colton Municipal Code Ch. 5.15 House Numbers on Curbs

It is unlawful for any person to paint or cause to be painted any house numbers on street curbs within the City, or charge a fee or solicit contributions for same, without a valid permit and business license, issued as provided in this chapter. As used in this section, the words "paint" or "cause to be painted" include any means by which house numbers are affixed or applied to a street curb, including but not limited to paint of any kind applied in any manner and decals of any type which are designed to adhere to a street curb.

(Ord. No. O-03-16, § 2, 2-2-2016)

To obtain a permit pursuant to the provisions of this chapter, an application shall be filed with the Public Works Department containing the following information:

A. The location or area in which the applicant intends to paint house numbers on curbs;

B. The specific days on which the applicant intends to paint curbs;

C. Such other relevant information as determined to be necessary by the Public Works Department.

(Ord. No. O-03-16, § 2, 2-2-2016)

Applicants shall pay a license tax based upon Gross Receipts at the rates and classifications set forth in Section 5.02.400 (Service-oriented Businesses). Non-profit charitable and religious organizations shall pay a non-refundable fee of $25.00, as prescribed in Section 5.02.040.F., which shall cover both permit and business license.

(Ord. No. O-03-16, § 2, 2-2-2016)

Every person to whom a permit and license has been granted shall display the permit in a conspicuous place, or on the front of his or her garment, at all times while canvasing neighborhood to sell services. Failure to display or exhibit the permit is a violation of this chapter.

(Ord. No. O-03-16, § 2, 2-2-2016)

Prior to painting house numbers, the permit holder shall obtain the written consent of an adult owner and/or occupant of the abutting property. The permit and business license shall be on display in a conspicuous place and available for inspection by the owner and/or occupant of the property. In addition to written consent from the owner and/or occupant, the form used for obtaining consent shall also specify the exact fee or donation which is expected to be paid. The silence of the owner and/or occupant of the failure or omission of any occupant to complete or sign the form or to in any other manner indicate consent or refusal to have house numbers painted on the curb shall not constitute consent or in any way be relied on by the permit holder as indicating consent. No person other than an adult owner and/or occupant who has consented in writing shall have any responsibility for payment of the fee or donation.

(Ord. No. O-03-16, § 2, 2-2-2016)

The Public Works Department shall establish standards which shall govern the appearance of house numbers on curbs and the manner in which they may be applied, including but not limited to standards relating to the size, color and location of the numbers and materials used to apply the numbers. The standards shall be provided in writing to every person to whom the permit is issued and the permit holder shall sign a copy of the standards which includes a statement indicating that the permit holder has read and understands the standards and will follow them in applying curb numbers. The signed copy shall be retained in the Department's files relating to the applicant.

(Ord. No. O-03-16, § 2, 2-2-2016)

The issuance of a permit hereunder shall not be construed as imposing any responsibility or liability on the City or any of its officers or employees for claims for property damage or personal injury in any way arising out of, or relating to, the house number painting activities of the permit holder. It is unlawful for the permit holder to in any way represent or imply to anyone that the permit holder is a representative, or is acting for or on behalf of, the City or any other public agency in offering to paint house numbers on curbs.

A. Permit holder shall indemnify, defend and save the City, its authorized agents, officers, representatives and employees, harmless from and against any and all penalties, liabilities or loss resulting from claims of court action and arising out of any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to this application.

B. Permit holder shall comply with terms and conditions of the permit and all applicable rules and regulations of the City of Colton and other public agencies having jurisdiction.

(Ord. No. O-03-16, § 2, 2-2-2016)

The issuance of a permit pursuant to this chapter shall be conditioned on compliance by the applicant with all provisions of this chapter and shall be subject to any special conditions which the Public Works Department determines to be necessary for the purpose of protecting the condition and use of City rights-of-way and public improvements located thereon and the health, safety and general welfare of the property owners abutting on the rights-of-way on which the applicant intends to paint house numbers. Such special conditions may include, but are not limited to, limits on the house during which the permit holder may solicit orders and the hours during which the house number painting activity may take place and a permit expiration date which shall not be later than the sixtieth day following the date on which the permit is issued. It is unlawful for the permit holder or any employee or representative of the permit holder to solicit orders or engage in house number painting activities in violation of any such special conditions. Special conditions applicable to a permit shall be specified in writing on the permit or in a written attachment thereto.

(Ord. No. O-03-16, § 2, 2-2-2016)

Before issuance of any permit, the applicant shall file with the Public Works Department a list of the names and addresses of all persons who will be in the employ of, or act as representatives of, the permit holder, for the purpose of carrying on the activities authorized by the permit. The permit holder shall notify the Public Works Department in writing of any additions to the list within seventy-two hours following the addition of any new employee or representative. The permit holder shall have a person on location to act as manager at all times during which the street numbering activities are conducted.

(Ord. No. O-03-16, § 2, 2-2-2016)

The permit holder shall maintain a record of the streets and curb numbers in which he or she paints street address numbers. A list of such streets shall be forwarded to the Public Works Director upon completion of the work on a weekly basis.

(Ord. No. O-03-16, § 2, 2-2-2016)

A permit may be cancelled by the Public Works Department and business license revoked by the Business License Officer if it is determined that the permit holder or his representatives have violated any of the requirements of this chapter or have engaged in any other conduct or activity on the basis of which it is determined that the permit should be cancelled and the business license revoked for the protection of public health, safety or general welfare. Notice of cancellation and/or revocation shall be in writing and shall specify the reasons for the cancellation and/or revocation. The cancellation and/or revocation shall be effective immediately upon confirmation of delivery to the permit holder or his/her authorized representative.

(Ord. No. O-03-16, § 2, 2-2-2016)

The cancellation of a permit as provided in CMC Section 5.15.110 shall be final on the expiration of ten days following the effective date of the revocation unless the permit holder files a written notice of appeal to the City Council pursuant to CMC Chapter 5.44.220.

(Ord. No. O-03-16, § 2, 2-2-2016)

Violation of any requirement or prohibition of this chapter is a misdemeanor and is punishable as set forth by Title 9, Chapter 5 (Offense Against Property), Section 9.24.040 and is subject to administrative penalties as may be set forth in this Code.

(Ord. No. O-03-16, § 2, 2-2-2016)