Compton Municipal Code § 20-6 Temporary Street Closures

[Ord. #2201, § 1]

This section shall be known as "Temporary Street Closures."

[Ord. #2201, § 1]

a. Pursuant to the authority of California Vehicle Code Section 21101(e), the provisions of this section shall apply to, and control the closing of any City street for the purpose of holding events such as; celebrations, block parties, street dances, local special events or other purposes, when in the opinion of local authorities such closing is necessary for the safety and protection of persons who are to use that portion of the street during temporary closing.

b. Provisions of this section are to be supplementary and complementary to all of the provisions of the Compton Municipal Code, State law, and any law cognizable at common law or in equity, and nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the City of Compton.

[Ord. #2201, § 1]

a. Except as otherwise provided by law, it shall be unlawful for any person to close any portion of a public street or alley to vehicular or pedestrian traffic for the purpose of conducting a celebration, block party, street dance, local special event, without first being issued a permit in accordance with the provisions herein. This section shall not apply to those governmental agencies which are otherwise authorized to close streets.

b. A street closure permit may be issued subject to such terms and conditions as are determined to be necessary and proper for the protection of the public health, safety and welfare. Street closure permits shall be issued to persons over the age of 18 only.

[Ord. #2201, § 1]

a. Use of Sidewalks. The City Manager or his/her designee shall issue a street closure permit that authorizes the permit holder to use the sidewalks adjacent to the streets for which the permit applicant seeks a street closure permit.

b. Pedestrian Access. A street closure permit that authorizes the use of the adjacent sidewalks shall require the permit holder to provide for pedestrian access along the areas to be closed, including, to and from any adjacent building.

c. Restriction on Length of Street Closure. No street closure permit shall be issued to allow closure of an intersection or any street for more than 600 feet measured along the centerline of the road, or 300 feet on a cul-de-sac or dead end.

d. Thoroughfares and Major Roadways. No street closure permit shall be issued to allow closure of a thoroughfare or major roadway.

e. Limited Number of Closures. Each organization or person applying for a temporary street closure permit is limited to being issued four street closure permits per calendar year.

f. Time Limits. A street closure permit shall be effective between the hours of 8:00 a.m. and 8:00 p.m. on any given calendar day.

[Ord. #2201, § 1]

An application for a permit for a temporary street closure shall be in writing and made upon a form provided by the Municipal Law Enforcement Services Department and shall include the following information:

a. The name(s), address, telephone numbers and signature(s) of the applicant(s).

b. The location for which the street closure permit is being applied, including the actual address and closest intersections.

c. If the applicant is an organization, the name, residence and business addresses, phone numbers of its responsible officers.

d. The name address, phone number of the chairman of the event, or the person otherwise responsible for its conduct.

e. The date on which the event is to occur.

f. The estimated number of persons who will participate.

g. Whether any sound amplification equipment is proposed to be used, and if so, information describing such sound amplification equipment.

h. Whether or not charity, gratuity or offerings will be solicited or accepted, or sales of food, beverages or other merchandise will occur.

i. Whether such temporary street closure will occupy all or only a portion of the street or intersection involved.

j. A petition signed by 70% of the residents indicating that they have no objections to the proposed street closure in accordance with subsection 20-6.20.

k. Such additional information as the City Manager or his/her designee may deem necessary.

[Ord. #2201, § 1]

Permit recipients shall place barriers in accordance with the "Work Area Traffic Control Handbook" (Watch Manual) published by BNi Building News and shall be responsible for removing such barricades and warning devices as are deemed necessary by, and are acceptable to the City Manager or his designee. Such persons shall also provide for the collection and removal of all trash, garbage, and litter caused by or arising out of such temporary street closure.

[Ord. #2201, § 1]

The application shall be filed with the Municipal Law Enforcement Services Department not less than 30 days before the event and no more than 90 days before the event.

[Ord. #2201, § 1]

Each applicant shall agree to assume the defense of and indemnify and hold harmless the City, its Councilmembers, boards, commissions, officers, employees and agents, from all suits, actions, damages or claims to which the City may be subjected of any kind or nature whatsoever resulting from, caused by, arising out of, or as a consequence of such temporary street closure and the activities permitted in connection therewith. The City Manager may require, as a condition to issuance of a permit, that the applicant obtain general liability insurance to serve that end, in such an amount and with such terms as the City's Risk Manager determines to be appropriate under the circumstances.

[Ord. #2201, § 1]

As a condition of issuance of any street closure permit, a refundable deposit may be required. The amount of the deposit shall be at least $300. The deposit shall be applied towards the costs and expenses outlined below in subsection 20-6.9.

[Ord. #2201, § 1]

The applicant shall assume and reimburse the City for any and all costs and expenses determined by the City Manager to be unusual or extraordinary, and related to the closing of the street for which the permit is sought, including but not limited to:

a. The cost of providing, erecting and moving barricades and/or signs;

b. The cost of replacing missing and/or damaged barricades;

c. The cost of providing and moving garbage or waste receptacles;

d. The cost of City personnel who are required by the City to work overtime hours or other than a regular shift, or to perform duties as a result of such temporary street closure.

[Ord. #2201, § 1]

The consumption and sale of alcoholic beverages is not permitted at any event for which a street permit closure has been issued.

[Ord. #2201, § 1]

The issuance of a permit by the City Manager or his designee shall be a determination by the City Manager or his designee that the temporary street closing is necessary for the safety and protection of persons who are to use that portion of the street during such temporary closing. A permit may be denied or revoked by the City Manager or his designee, when, from a consideration of the application or from such other information as may be otherwise obtained, the City Manager finds that one or more of the following circumstances exist:

a. The applicant has made any false, misleading or fraudulent statements of a material fact in the application for a permit or in any other document required pursuant to this section;

b. The application has failed to meet the standards in this section, or the applicant has failed to pay in advance any deposit required, or refuses to agree to such conditions as are imposed in the permit;

c. The time, duration, size and location of the temporary street closure will substantially disrupt the orderly and safe movement of other traffic;

d. The temporary street closure is of a size or nature that will require the diversion of so great a number of law enforcement officers of the City to properly police the closed or contiguous areas, that it will adversely effect normal law enforcement protection to the remainder of the City;

e. The concentration of persons will unduly interfere with proper fire and public safety protection, or ambulance service to areas contiguous to such street closure;

f. The temporary street closure may unduly interfere with the movement of emergency public safety officers and fire equipment;

g. The temporary street closure will unduly interfere with the orderly operation of parks, hospitals, churches, schools or other public and quasi-public institutions in the City;

h. The temporary street closure will conflict with or interfere with another temporary street closure for which a permit has been granted;

i. Any term, condition, restriction or limitation of such permit has been violated;

j. Any provision of the Compton Municipal Code and/or State law has been violated.

[Ord. #2201, § 1]

The application shall be reviewed by the following departments; Municipal Law Enforcement Services, Public Works, Los Angeles County Sheriffs, Compton Station, Fire and Risk Management before a determination is made to either grant or deny the permit.

[Ord. #2201, § 1]

Written notice of the issuance or denial of a permit shall be provided by the City Manager or his/her designee to the applicant. If a permit is denied, said written notice shall state the reasons for denial.

[Ord. #2201, § 1]

Upon the denial or revocation of a permit by the City Manager or his designee, the applicant may appeal to the City Council by filing the application within two City working days after receipt of such denial or revocation, with the City Clerk, who shall set the appeal for hearing at the next available regular Council meeting. After holding a hearing, the City Council may reverse, affirm or modify in any respect the determination of the City Manager or his designee.

[Ord. #2201, § 1]

The City Manager or his designee may waive the time limitation for filing an application for a permit and the City Council may waive the time limitation for filing an appeal if it is found that unusual circumstances or good cause exists and no unreasonable burden upon the City or its citizens will be created thereby.

[Ord. #2201, § 1]

Upon granting, revoking or denying a permit, the City Manager or his designee shall send a copy of such permit (including any conditions or restrictions), denial or revocation to the Municipal Law Enforcement Services Department, Los Angeles Sheriff's Department (Compton Station), the Fire Chief, the Public Works Director and Risk Manager.

[Ord. #2201, § 1]

Any street closure pursuant to the provisions of this section shall at all times have a fifteen-foot wide emergency vehicle lane on both sides of the street, which shall extend throughout the closed area of the street and beyond to the next intersection. Said lane shall at all times remain clear of all obstructions to provide emergency vehicular access.

[Ord. #2201, § 1]

No obstruction shall be erected or maintained within a fifteen-foot wide radius of any fire hydrant.

[Ord. #2201, § 1]

In the interests of public safety, no more than five temporary street closures will be permitted on the same calendar day in any fire station initial response area. Applications shall be considered on a first come, first serve basis.

[Ord. #2201, § 1]

A petition must be submitted indicating that 70% of the residences or businesses within the closure area have no objections to and support the closure. Petitions must be signed by the owner, manager, assistant manager, or lessee of the residences or businesses impacted by the closure. All petitions must be completed on City forms.