Culver City Municipal Code Ch. 9.08 Streets, Sidewalks and Parkways

Section

General Provisions

Use of Streets for Moving Purposes

Tree Removal

Excavations

Use of Streets for Bus Benches

Newsracks

Parkway Landscaping Guidelines

Cross-reference:

Special Gas Tax Street Improvement Fund, see § 3.07.200

Scattering of refuse on streets, and the like, see § 5.01.035

Parades, see §§ 9.06.100 through 9.06.170

GENERAL PROVISIONS

For the purpose of this Chapter, the word STREET shall include all streets, parkways, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this City which have been or may hereafter be dedicated and opened to public use.

('65 Code, § 30-1) (Ord. No. 460 § 1)

It shall be unlawful for any person owning, leasing, occupying, having charge or control of any lot or premises, to allow, keep or maintain any of the following obstructions:

A. Any tree, bush, grain or vegetation growing upon any lot or premises abutting any street or sidewalk so that the limbs, twigs, leaves or parts of such interfere with the free passage of pedestrians or vehicles.

B. Any soil, rubbish, papers, trash, garden refuse, tree trimmings, ashes, tin cans, or other waste or refuse to remain upon any sidewalk or upon any street which may interfere with or obstruct the free passage of pedestrians or vehicles or which may become detrimental to the public health or welfare.

C. Any structure, building or other obstacle of any nature whatever upon any sidewalk or street which will interfere with the free passage of pedestrians or vehicles.

D. Except as provided in § 9.08.040 of this Chapter, any merchandise, baggage, or any article of personal property upon any sidewalk, except that boxes, barrels and other receptacles for merchandise may be unpacked and their contents removed upon sidewalks, if such containers are removed immediately thereafter.

('65 Code, § 30-2) (Ord. No. 460 § 2; Ord. No. 96-018 § 3)

It shall be unlawful to permit any hedge, wall or closed fence adjacent to a driveway abutting a sidewalk or street to be kept or maintained at such height as to obstruct the view of the driver of a vehicle backing into the street from said driveway.

('65 Code, § 30-4) (Ord. No. 613 § 4)

Trees or bushes of more than fifteen (15) feet in height growing in or upon the portion of any premises abutting any street or sidewalk; shall be deemed to interfere with and obstruct the free passage of pedestrians and vehicles within the meaning of this Subchapter unless the lower limbs, twigs, or leaves of such trees or bushes are kept removed at all times so as to have a clearance of at least nine (9) feet above such street or sidewalk.

('65 Code, § 30-5) (Ord. No. 460 § 2)

It shall be unlawful for any person to construct or maintain any permanent opening in any sidewalk, unless the same is constructed and maintained in the manner required in this Subchapter.

A. Type of opening required. Every opening in any sidewalk shall be covered with metal trap doors, the sides of which shall not be less than four (4) feet from the outer edge of any curb, and no door shall have a width greater than five (5) feet. Metal guards shall be provided and maintained at each opening, each of which shall reach to the height of such doors when open and shall be constructed of wire mesh, the meshes of which shall not exceed three (3) inches in the greatest dimension. Every metal cover shall be flush with the surface when closed and the upper surface shall be roughened. It shall be capable of sustaining a load, at all points simultaneously, equal to four hundred (400) pounds for each superficial foot of the surface thereof.

B. Requirements for opening. It shall be unlawful for any person to open a door required herein covering any sidewalk opening, unless a metal guard, as required herein, is placed on each side of the opening except when merchandise is actually being conveyed from the opening and a person is stationed for the purpose of warning passers-by.

('65 Code, § 30-6) (Ord. No. 460 § 3)

It shall be unlawful for any person to cause water to be thrown upon any sidewalk in such a manner as to interfere with the free and uninterrupted passage of any pedestrian thereupon.

('65 Code, § 30-7) (Ord. No. 460 § 4)

A. Purpose. The purpose of this Subchapter is to authorize the administrative permitting of public right-of- way, including sidewalks and curbside parking spaces, for outdoor dining and other uses as set forth in the Outdoor Dining Standards and Procedures or Parklet Design Guidelines, in areas where the establishment of such uses will promote commercial revitalization and business opportunities in a manner that is consistent with the public health, safety and welfare.. (‘65 Code, § 30-58.1)

B. Definitions. For the purposes of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

OUTDOOR DINING PERMIT AND LICENSE AGREEMENT. The permit issued by the City to a person or business authorizing the use of the sidewalk for outdoor dining or other uses as set forth in the Outdoor Dining Standards and Procedures.

OUTDOOR DINING STANDARDS AND PROCEDURES. Standards and procedures for the design and operation of the sidewalk to be used for outdoor dining and other uses, which shall be established by resolution of the City Council.

PARKLET DESIGN GUIDELINES. Standards and procedures for the design and operation of curbside parking spaces to be used for outdoor dining and other uses, which shall be established by resolution of the City Council.

PARKLET STREET USE PERMIT AND LICENSE AGREEMENT. The permit issued by the City to a person or business authorizing the use of curbside parking spaces for outdoor dining or other uses as set forth in the Parklet Design Guidelines.

PERMIT. Individually or collectively, a valid Outdoor Dining Permit and License Agreement and/or a valid Parklet Street Use Permit and License Agreement.

PERMITTEE. The holder of an Outdoor Dining Permit and License Agreement or a Parklet Street Use Permit and License Agreement issued by the City.

PUBLIC RIGHT-OF-WAY. Includes, but is not limited to, sidewalks and curbside parking spaces.

C. Applicability.

1. In order to use the public right-of-way for outdoor dining or other uses as set forth in the Outdoor Dining Standards and Procedures or Parklet Design Guidelines, a person or business must obtain, as applicable, an Outdoor Dining Permit and License Agreement or Parklet Street Use Permit and License Agreement as provided in this Subchapter.

2. Each permit shall provide for, but not be limited to, the indemnification of the City by the permittee, a requirement to maintain liability and other insurance coverage, and a refundable maintenance deposit for damage that may be caused to the public right-of-way. (‘65 Code, § 30-58.2)

D. Public Works Director/City Engineer authority.

1. The Public Works Director/City Engineer is authorized to approve and execute, on behalf of the City:

a. An Outdoor Dining Permit and License Agreement, subject to the adopted Outdoor Dining Standards and Procedures; and

b. A Parklet Street Use Permit and License Agreement, subject to the adopted Parklet Design Guidelines.

2. In addition to all other remedies provided by law or set forth in the permit, the Public Works Director/City Engineer is authorized to suspend or revoke:

a. An Outdoor Dining Permit and License Agreement for violation of its terms and conditions or violation of the adopted Outdoor Dining Standards and Procedures; and

b. A Parklet Street Use Permit and License Agreement for violation of its terms and conditions or violation of the adopted Parklet Design Guidelines.

(‘65 Code, § 30-58.3)

E. Placement and removal of fixtures and equipment in the public right-of-way.

1. Notwithstanding § 9.08.010 of this Code, fixtures and equipment approved by the Public Works Director/City Engineer pursuant to a permit may remain in and on the public right-of-way during such time as a permit is in effect.

2. Upon revocation or termination of a permit, all fixtures and equipment shall immediately be removed from the public right-of-way, and the public right-of-way shall be restored to its original condition at permittee’s sole cost and expense.

3. After revocation or termination of permit, permittee's failure to remove all fixtures and equipment or to restore the public right-of-way to its original condition, or both, shall be deemed a nuisance affecting the public’s health, safety and welfare, and is prohibited. In such a case, permittee’s maintenance deposit shall be forfeited.

(‘65 Code, § 30-58.4)

F. Use of public right-of- way for outdoor dining or other use prohibited. Notwithstanding any other provisions of this Code, it shall be unlawful for any person or business to use the public right-of-way for outdoor dining or other use without first obtaining a permit. (‘65 Code, § 30-58.5)

G. Fees. The City Council, by resolution, may establish fees for the use of the public right-of-way for outdoor dining and other uses.

(Ord. No. 94-015 § 1 (part); Ord. No. 2021-011 § 1)

A. Purpose. The purpose of this Subchapter is to authorize the administrative permitting of the outdoor display of certain goods in specified areas of the City where the establishment and operation of such outdoor displays will promote commercial revitalization and business opportunities in a manner that is consistent with the public welfare and safety.

('65 Code, § 30-59.1)

B. Applicability.

1. Outdoor displays of goods shall be permitted only in the Downtown and East Washington Overlay Zones in the City, pursuant to the Zoning Code, as set forth in Title 17 of this Code.

2. In order to use the sidewalk for the outdoor display of goods, a person must obtain an Outdoor Display of Goods Permit, as provided in this Subchapter, which shall provide for indemnification of the City and the maintenance of liability insurance coverage. Regulations and Standards for the operation of outdoor displays of goods shall be established by resolution of the City Council.

('65 Code, § 30-59.2)

C. City Planner authority.

1. The City Planner is authorized to approve and execute, on behalf of the City, an Outdoor Display of Goods Permit, subject to the Regulations and Standards adopted by resolution of the City Council.

2. In addition to all other remedies provided by law or agreement, the City Planner is authorized to suspend or revoke the Outdoor Display of Goods Permit for violation of this Subchapter or the adopted Regulations and Standards.

('65 Code, § 30-59.3)

D. Use of public sidewalk and private property for outdoor display of goods prohibited. Notwithstanding any other provisions of this Code, it shall be unlawful for any person to use the public sidewalk and private property for the outdoor display of goods without a valid Outdoor Display of Goods Permit.

('65 Code, § 30-59.4)

E. This section does not apply to sidewalk vending as regulated by Chapter 11.18 of this Code.

(Ord. No. 96-018 § 4 (part); Ord. No. 2023-006 § 5)

(Ord. No. 96-018 § 4 (part))

Cross-reference:

Street sales, see § 9.07.025

A. Permit.

1. No person shall import or export more than one thousand (1,000) cubic yards of earth materials along a public street to or from a site within the City of Culver City without first having obtained a permit therefor from the City Engineer.

2. The City Engineer may approve the issuance of the permit upon the imposition of reasonable conditions, including but not limited to:

a. The times and date(s) during which the importing or exporting shall be conducted.

b. The route along public streets to be followed during the importing or exporting.

c. Requirements regarding dust control and noise control.

d. Submission of a bond, or other security, in an amount and form subject to the approval of the City Attorney and City exporting activity is, in the opinion of the City Engineer, in need of same.

e. Submission of evidence of insurance, in an amount and form subject to the approval of the City Attorney, including the City and its officers and employees as additional insureds and with endorsements as required.

f. Any other reasonable condition that the City Engineer determines necessary for the protection of public health, safety and welfare.

3. Before the issuance of the permit, the applicant shall pay a fee based upon the total number of cubic yards of earth materials to be imported or exported and upon the miles of public street to be traversed, excepting freeways, at a rate as established by a resolution of the City Council.

('65 Code, § 30-60)

B. Establishing truck routes. Notwithstanding any other provisions of this Code, the City Engineer, after consultation with the Chief of Police and if the public interest is better served, may permit the importing/exporting vehicles to be driven along routes other than those officially designated as truck routes.

('65 Code, § 30-61) (Ord. No. 84-023 § 1)

USE OF STREETS FOR MOVING PURPOSES

The following regulations shall govern the moving of buildings, structures, heavy machinery and equipment.

('65 Code, § 30-8)

For purposes of this Chapter, permits shall be required for the moving of buildings, structures, heavy machinery or equipment in accordance with the following classifications:

A. Class A Permit - For any building or structure moved by animal-drawn vehicles or motor truck or any vehicle propelled by its own power.

B. Class B Permit - For any heavy machinery or equipment moved by animal-drawn vehicles or motor truck or any vehicle propelled by its own power, where the weight of said machinery or equipment to be moved exceeds 8 tons.

C. Class C Permit - For any building or structure which, when loaded on housemoving dollies or rollers, does not exceed 22 feet in height or 30 feet in width.

D. Class D Permit - For any building or structure which, when loaded on housemoving dollies or rollers, is more than 22 feet in height but does not exceed 28 feet in height, and is more than 30 feet in width but does not exceed 40 feet in width.

E. Class E Permit - For any building or structure which, when loaded on housemoving dollies or rollers, exceeds 28 feet in height or exceeds 40 feet in width.

F. Class F Permit - For any building of structure, the walls of which are constructed of brick or of concrete, which, when loaded on housemoving dollies or rollers, exceeds 22 feet in height or exceeds 30 feet in width.

('65 Code, § 30-9) (Ord. No. 558 § 1)

It shall be unlawful for any person, firm or corporation to move, or cause to be moved, any house, building or structure, or any section or portion thereof, without first obtaining a permit so to do from the Building Official. The Street Maintenance Manager shall issue Class B permits, as well as approve route and condition of streets to be traversed.

('65 Code, § 30-10) (Ord. No. 558 §§ 2, 8; Ord. No. 93-002 § 1)

The Site Plan review requirements of the Zoning Code, as set forth in Title 17 of this Code, shall be complied with prior to the issuance of Class C, D, E or F permits.

('65 Code, § 30-11) (Ord. No. 558 § 10; Ord. No. 93-002 § 2)

No permit shall be granted for the moving of old dilapidated structures in a state of disrepair.

('65 Code, § 30-12) (Ord. No. 558 § 10)

Application, in duplicate, for Class A, C, D, E and F permits shall be filed with the Building Official and Street Maintenance Manager. The application shall include or be accompanied by each of the following:

A. The name of the owner; type of building or structure; present and proposed location; fair value and approximate age of structure to be moved; route proposed to be followed; method of moving and time within which moving will be commenced and completed.

B. Necessary authority and permits from operators of public utilities which might be affected by moving operations.

C. A map or sketch of the property on which structure is to be placed, showing proposed location and any other improvements.

D. Photographs of all sides of building or structure, together with architectural plans of completed structure.

E. A Faithful Performance Bond, executed by a responsible surety company, in an amount recommended by the Building Official as being necessary to bring the structure up to standards of the immediate area.

F. Unless a bond in the sum of Ten Thousand Dollars ($10,000.00), payable to the City, is filed with the City Clerk by the moving agency, C, D, E and F applications must be accompanied by a surety bond in the sum of Five Thousand Dollars ($5,000.00), in favor of the City, for the benefit of any person, firm or corporation damaged directly by the moving of a building or structure.

G. Any pertinent information required by the Building Official or Street Maintenance Manager.

('65 Code, § 30-13) (Ord. No. 558 § 3, 4, 6, 10; Ord. No. 93-002 § 3)

Each application for permit shall be accompanied by as established by resolution.

('65 Code, § 30-14) (Ord. No. 558 § 5; Ord. No. 2007-002 § 7)

A special permit shall be required for each building, structure, piece of machinery or equipment, or more than one section or portion thereof, and moving operations must be completed within time specified in the application unless the Building Official extends such time for causes which, in his/her opinion, warrant the extension.

('65 Code, § 30-15) (Ord. No. 558 § 11; Ord. No. 92-002 § 4)

Permits specified in this Chapter are in addition to all permits required under any other Chapter of this Code, and all relocated buildings or structures must conform to all requirements of the Building and other Codes of the City relating to building, construction, and necessary installations incident thereto.

('65 Code, § 30-16) (Ord. No. 558 § 12)

Damage to any street, public property or public utility shall be repaired by the proper City Department and the cost thereof charged to the owner of the property or the person, firm or corporation to whom moving permit was issued. No permit shall be issued for repair or reconstruction until all such costs and fees due the City have been paid.

('65 Code, § 30-17) (Ord. No. 558 § 7)

The provisions of this Chapter shall apply to all persons, firms or corporations moving buildings, structures, machinery or equipment within the City or to the City from an outside location.

('65 Code, § 30-18) (Ord. No. 558 § 9)

Where the building, structure, machinery or equipment to be moved is owned or is to be used or occupied by another public agency, or is located within the City limits, or where distance moved is short enough to warrant modification of fees or other requirements, deposit and permit fees may be waived.

('65 Code, § 30-19) (Ord. No. 558 § 9)

No person, firm or corporation moving, or causing to be moved, any building, structure, machinery or equipment, or section or portion thereof, over, upon, along or across any public street, alley, or other public place, shall fail, refuse or neglect to keep a red light burning at all times between sunset and sunrise at each corner of such section or portion of building, structure, machinery or equipment, or at the end of any projection thereof, at intervals of not more than 10 feet, while the same or any part thereof is located in or upon any public streets, highway, alley, or public place.

('65 Code, § 30-20) (Ord. No. 558 § 13)

During such time as any building, structure, machinery or equipment is being moved and in motion, sufficient look-outs shall be maintained to safeguard persons or property against injury or damage which might result from such moving operations.

('65 Code, § 30-21) (Ord. No. 558 § 13)

TREE REMOVAL

In addition to the definitions contained elsewhere in this Code, the following words and phrases shall, for the purposes of this Subchapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with any other provision of this Code, these definitions shall prevail.

APPLICANT. An interested person who has submitted an application for removal of a parkway tree.

INTERESTED PERSON. Except as otherwise provided in this definition, an INTERESTED PERSON is an owner, occupant or agent of real property located within a 100 feet radius of the location of a parkway tree that is proposed for removal. For purposes of this definition, an INTERESTED PERSON is limited to owners, occupants and agents of real property located on the same street on which the proposed parkway tree is located or on a street intersecting the street on which the proposed parkway tree is located.

PARKWAY. That portion of a street right-of-way between the curb and the sidewalk.

PUBLIC WORKS DIRECTOR. The City of Culver City Public Works Director/City Engineer or his/her designee.

STREET MEDIAN. A raised area containing landscaping, including trees and/or hardscape features, located in the street between opposing lanes of traffic.

STREET RIGHT-OF-WAY. Includes all streets, parkways, sidewalks, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in the City, which have been or may hereafter be dedicated and opened to public use.

(Ord. No. 2013-007, § 1 (part))

The Public Works Director shall have authority over the City’s public right-of-way and shall be in charge of and have control over the planting, trimming, and removal of trees in parkways and other public places within the City. Except as otherwise provided in this chapter, the Public Works Director shall follow and be governed by the procedures set forth in the Tree Planting Act of 1931 (the “Act”) (Cal. Sts. & High. Code §§ 22000 et seq., as amended), provided, however, that the authority provided to the Board under the Act shall be vested in the City Council.

(Ord. No. 2013-007, § 1 (part))

A. The Public Works Director shall have sole authority to cut, trim, prune, replace or remove any tree in or on any parkway in the City. No other person shall cut, trim, prune, replace, remove, deface, or in any manner injure any tree in or on any parkway in the City, except as authorized by the Public Works Director in the case of a private improvement project in accordance with § 9.08.215.

B. Any interested person may request discretionary removal of a parkway tree by submitting a written application to the Public Works Director, on a form approved by the City. The written application shall state the name and address of the applicant, the location of the tree, the reason for the request, and any other information required by the Public Works Director. The written application shall be accompanied by a filing fee, established by resolution of the City Council. A filing fee is not required to request removal of a tree that is suspected to be in a hazardous or unsafe condition.

C. The Public Works Director shall review the application and supporting documentation to determine whether to approve the removal of the requested tree. In determining whether any tree in or on the parkway shall be removed or replaced, the Public Works Director shall determine whether the removal or replacement is in the best interest of the City and the public health, safety and welfare. Such determination shall be based on the criteria set forth in either Subsection C.1 or Subsection C.2 as follows:

1. If any one of the following criterion is met:

a. The tree is dead, dying, or weakened by disease, age, storm, fire or other injuries so as to pose an existing or potential danger to persons, properties, improvements or other trees; or

b. The removal is necessary for construction of a Street improvement project or other public improvement/repair work; or

c. The removal is necessary for a private improvement or development project. Where the application for removal is related to a private improvement or development project, see § 9.08.215.

2. If two or more other criteria are met:

a. The tree is a known problem species or is otherwise found to be an undesirable species for its location based on tree size relative to available area for tree growth.

b. The tree roots are creating extensive and repeated damage to public and/or private infrastructure, including sidewalks, sewer lines, or other utility lines. A history of sewer line blockages from tree roots does not alone provide sufficient reason for tree removal, but rather suggests the need for sewer repair to stop leaks and the accompanying root intrusion that results.

c. The tree is creating a public or private nuisance.

D. If a Parkway tree is approved for removal, following review of the criteria listed in Subsection 9.08.210.C, such removal shall be accommodated subject to availability of city resources and funds. In the event that the applicant desires the approved removal occur prior to when it can be accommodated by the Public Works Director, the applicant shall be given the option of paying for the removal, in which case the tree will be removed at the first opportunity upon receipt of payment.

E. The decision of the Public Works Director is final, unless appealed by the applicant, a member of the City Council or an interested person. Appeals shall be submitted in writing and filed with the City Clerk within 10 days after the decision date identified in the notice of decision. The notice of decision shall be prepared by the Public Works Director and sent to the applicant and all interested persons with a copy provided to the City Council. The number of days shall be construed as City Hall business days. Time limits will extend to the following City Hall business day, where the last of the specified number of days falls on a weekend, holiday, or other day when City Hall is officially closed. An appeal shall include a general statement, specifying the basis for the appeal, shall be based on an error in fact or dispute of the findings of the decision, and must be accompanied by supporting evidence substantiating the basis for the appeal. Appeals shall be accompanied by a filing fee established by resolution of the City Council.

F. Appeals shall be heard by the City Council, which shall affirm the decision of the Public Works Director, unless the appellant demonstrates, by substantial evidence, that the decision is based on an error in fact or disputed findings. The decision of the City Council on an appeal shall be final.

(Ord. No. 2013-007, § 1 (part))

A. An application for removal of an existing parkway tree, in accordance with §§ 9.08.210.B and 9.08.210.C.1.c, as a necessity for the construction of a private improvement or development project, shall be accompanied by a report prepared by a registered consulting arborist, for review and approval by the Public Works Director. The report shall explain the necessity of removing the tree and evaluate the feasibility of transplanting the tree(s) to another location.

B. If the Public Works Director determines that transplanting the tree(s) is feasible, the tree(s) shall be relocated, at the sole cost and expense of the applicant, to a location specified by the Public Works Director. Applicant has the option of performing this work or paying to the City the cost to have the work performed by the City’s contractor.

C. If the requested tree(s) cannot be transplanted, then the applicant shall provide sufficient evidence, to be reviewed and considered by the Public Works Director, that the private improvement or development project cannot be reasonably redesigned to avoid the removal of the tree(s). If the Public Works Director determines that a project redesign is not feasible, then removal of the tree(s) may be approved, on the condition that the applicant shall plant two new street right-of-way trees or parkway trees for each tree that is removed. The size and location of the replacement trees shall be determined by the Public Works Director based on what is appropriate for the particular Street Right-of-Way or Parkway. Where feasible and appropriate for the location, the Public Works Director will require 36" box trees or larger for replacement.

D. At the applicant’s sole cost and expense, the replacement trees shall be planted along the site frontage of the private improvement or development or in other street median or parkway locations in the City at the discretion and direction of the Public Works Director. Applicant has the option of performing this work or paying to the City the cost to have the work performed by the City’s contractor.

E. All new or transplanted street median and/or parkway trees shall be planted in a tree well with a tree grate, if required, as approved by the Public Works Director. New or transplanted parkway trees that are located adjacent to the applicant’s property shall be supplied with irrigation water from the irrigation system located on the applicant’s property, which system shall include a timer and rain sensor. With the exception of single family developments, a landscape/irrigation plan for the new or transplanted parkway trees, and any other required parkway landscaping, shall be prepared at the sole expense of the applicant and submitted to the Public Works Director for review, approval, and permitting.

F. Applicant shall be responsible for the maintenance of the transplanted or new parkway trees that are located adjacent to the applicant’s property for a period of one year. If a transplanted or new Parkway tree, adjacent to applicant’s property or otherwise, does not survive during the first year, the applicant shall be required to plant a replacement tree in accordance with the requirements of this § 9.08.215. Applicant shall be responsible for the maintenance of such replacement tree for a period of one year.

(Ord. No. 2013-007, § 1 (part))

A. The Public Works Director has the authority to remove any street median tree or parkway tree if he or she determines such removal is in the best interest of the City and the public health, safety and welfare, based on the criteria listed in § 9.08.210.C.

B. Except as otherwise provided in § 9.08.220.E, prior to removal of any street median tree or parkway tree, the Public Works Director shall provide to all interested persons 10 days written notice of the date scheduled for removal of the street median tree or parkway tree.

C. Except as otherwise provided in § 9.08.220.E, if any interested person objects to such removal, his or her objection must be in writing and filed with the City Clerk at least three days prior to the date scheduled for removal of the tree. The objection shall state the name and address of the interested person, the location of the tree and the reason for the objection.

D. Any objection(s) timely filed shall be heard by the City Council at a regularly scheduled public meeting. The City Council shall consider the objections and make a determination as to whether the tree shall be removed. In order to overturn the Public Works Director’s decision, the City Council must find the decision was based on an error in fact or dispute the findings that were the basis of the Public Works Director’s decision.

E. In any case where the Public Works Director determines that a tree poses a manifest public danger and its removal is an immediate necessity, the notice and objection provisions of §§ 9.08.220.B and 9.08.220.C shall not apply.

(Ord. No. 2013-007, § 1 (part))

A. A violation of any provision of this subchapter is unlawful.

B. The remedies provided by this subchapter are cumulative and in addition to any other remedies available in law or equity, including those provided in Chapters 1.01 and 1.02 of this Code.

C. A violation of any provision of this subchapter is subject to a civil action brought by the City Attorney, punishable by a civil fine not less than one hundred dollars ($100) and not exceeding one thousand dollars ($1,000) per violation for each day, or part thereof, such violation occurs.

D. A violation of any provision of this subchapter may, at the discretion of the City Attorney, be prosecuted as an infraction or misdemeanor and subject to the criminal penalties provided in §§ 1.01.040 and 1.01.045 of this Code.

E. Causing, permitting, aiding, abetting or concealing a violation of any provision of this subchapter shall also constitute a violation of this subchapter.

F. It is the intent of the City Council to recover the costs incurred by the City from: (1) enforcing and obtaining compliance with the provisions of this subchapter; and (2) damage to City property resulting from violations of this subchapter. Any person, firm or corporation in violation of this subchapter shall be responsible to the City for the payment of an administrative assessment for all costs associated with said violation, including administrative costs of enforcing and obtaining compliance with this subchapter and actual costs of damage to City property. An administrative assessment may be appealed in the same manner as an administrative citation, pursuant to the procedures set forth in § 1.02.045 of this Code.

G. In addition to the administrative assessment and civil and criminal penalties attached to violations of this subchapter, any violation of this subchapter is hereby declared a public nuisance.

(Ord. No. 2013-007, § 1 (part))

In the event of any conflict between this subchapter and any other provisions of this Code or the Tree Planting Act of 1931, this subchapter shall control.

(Ord. No. 2013-007, § 1 (part))

EXCAVATIONS

Whenever in this Subchapter the following terms are used, they shall have the meaning ascribed to them, unless it is apparent from the context thereof that some other meaning is intended:

CITY ENGINEER. The City Engineer of the City, or his authorized representative.

DIVISION. The Administrative Authority of the Division of Public Works of the City.

EXCAVATION. Any opening in the surface of a street made in any manner whatsoever, except an opening into a lawful structure below the surface of the street, the top of which is flush with the adjoining street surface and so constructed as to permit frequent openings without injury or damage to the street.

FACILITY. Any pipe, pipe line, tube, main service trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, electrolier, signpost, pole, pole line, cross-arm or bracket, anchor, cable, junction box, transformer or any other material, structure, or object of any kind or character not particularly mentioned herein which is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under, or over any street or portion thereof.

INCIDENTAL EXPENSES. All expenses incidental to any work authorized by permit under this Subchapter or incidental to the inspection, supervision or completion thereof, including a reasonable charge for overhead.

OBSTRUCTION. Any object, material, instrumentality or impediment in, upon, along, across, under or over any street, needed or useful for a limited period of time in performing or doing work in, upon, along, across, under or over such street or in or upon property in close proximity thereto, whether the same obstructs travel or not; provided, however, that a barricade, torch, light or sign when lawfully placed upon, along, or across a street in accordance with the provisions of this Subchapter shall not be considered an obstruction within the meaning of this definition.

PERSON. Includes natural person, firm, partnership, association, corporation, company or organization of any kind.

STREET BETTERMENT. The grading, paving of a street, gutter, sidewalk, crosswalk, step, seat, fountain, curb, driveway, tunnel, subway, viaduct, bridge, sewer, connecting sewer, instrumentality of sanitation, together with the necessary outlet, drain, channel for drainage purposes with necessary outlet, pole, post, wire, pipe, conduit, lamp, ornamental light standard and any suitable or necessary appliance for the purpose of lighting any street, street or house number, letter or name, hydrant and appliance for fire protection, retaining wall, embankment or any appliance, attachment or appurtenance in connection with any structure or object mentioned in this definition, or any similar structure or object which will improve the whole or any portion of any street.

STREET IMPROVEMENT. Any improvement or portion thereof, which the City or any instrumentality of the City is authorized law to make in, upon, along, across, under, or over any street, used or useful in connection with travel on the street.

TEMPORARY DRIVEWAY. The facility required by this Subchapter at the location upon any street designated in any permit issued hereunder authorizing a vehicle to be driven or operated over any sidewalk, parkway, or curb at a point other than where a driveway has been constructed.

('65 Code, § 30-22)

It shall be unlawful for any person to do or perform any of the following acts without a permit so to do from the Division:

A. Make any excavation, tunnel or bore in or under the surface of any street.

B. Construct, erect, place, or repair any facility in, upon, along, across, under or over any street, or remove any facility from any street.

C. Repair, construct, reconstruct, erect or make any street betterment in, upon, along, across, under or over any street or remove any street betterment from any street when such work is done or performed by or at the insistence and request of the owner of any real property abutting on said street.

D. Destroy or remove any street improvement or street betterment in, upon, along, across, under or over any street.

E. Construct, leave, place or maintain any obstruction in, upon, along, across, under or over any street.

F. Drive or operate any vehicle over any curb, parkway, or sidewalk located upon any street at a point other than where a driveway has been constructed.

G. Maintain any building material or debris of any kind whatsoever on any street, parkway, sidewalk, or other public way without special permit to do so from the Division.

H. All material or debris stored by the permittee in the street shall be barricaded and illuminated, in accordance with § 9.08.390 A. of this Subchapter and to the satisfaction of the City Engineer.

I. No person other than one having a State License as General Engineering Contractor Class A, Pipe Line Contractor Class C-34, or Sewer Contractor Class C-42, shall be permitted to do any sewer repair, sewer connections or sewer construction in the public way, except with a special permit issued by the Division.

J. Every permit granted under this Subchapter shall be granted upon the condition that the person to whom the permit was granted shall comply in every respect with the provisions of this Subchapter.

K. The Division retains the right to refuse a permit for the storage of any material or debris on any street, parkway, sidewalk or other public right of way, at the discretion of the City Engineer.

('65 Code, § 30-23)

A. In order to protect the public health, safety and welfare, the City Council shall adopt by resolution a “Rights-of-Way Management Plan,” establishing procedures, fees and standards for access to the public rights-of-way.

B. The Rights-of-Way Management Plan may be amended from time-to-time to conform to then current standards, taking into consideration developing technologies affecting use of the public rights-of-way.

C. In accordance with §§ 9.08.330 and 9.08.335 of this Code, the fees for such permitting shall be adopted as part of the Schedule of Charges.

D. In the event of any inconsistency between elements within CCMC Chapter 9.08 and the Rights-of-Way Management Plan, the Rights-of-Way Management Plan shall control.

(Ord. No. 2000-014, §1)

A. Any person maintaining any pipe, conduit, or pole in any street by virtue of any law, ordinance or franchise, may proceed with an excavation without a permit as herein required when emergency circumstances require the work to be done immediately for the preservation of the public peace, health, safety or welfare, provided the permit could not reasonably and practically have been obtained beforehand. Such person shall thereafter apply for a permit on the first day on which the office of the Division is open for business, and such permit shall be retroactive to the date when the work was begun.

B. Any division, department, officer or employee of the City may perform work without a permit as herein required when such work is a normal function of or is within the responsibility or jurisdiction of such division, department, officer or employee.

('65 Code, § 30-24)

The Division may issue to any person operating under a franchise granted by the State of California or the City, an annual blanket permit to place or to repair any facility which does not interfere with, disturb, destroy or remove any street improvement or street betterment, or involve the making of any excavation in or below the surface of the street or interfere with any installation owned by any other person.

('65 Code, § 30-25)

No permit shall be issued under this Subchapter until and unless the applicant shall have first complied with the provisions of the laws of the State of California and the Ordinances of this City requiring the possession of licenses.

('65 Code, § 30-26)

Application for permit shall be made to the Division and shall describe specifically the location, nature and extent of the proposed work, the purposes thereof, and the right, if any, of the applicant to do such work. The application shall be accompanied by a plat, in duplicate, showing the location of each proposed excavation, the dimensions thereof, and such other details as the Division may require. Where, in the opinion of the City Engineer, the work to be done is of a minor nature, the requirement for duplicate plats may be waived and a sketch on the application form shall be submitted in lieu thereof. Applications for annual blanket permits need not be accompanied by a plat or sketch. If the applicant is lawfully entitled to do such work, or any portion thereof, at the place and in the manner proposed, the Division shall issue a permit for the doing of such work, or any portion thereof, as the case may be; provided, however, that no permit shall be issued by the Division until the applicant has paid the prescribed fee and deposited security for completion of the work as hereinafter provided.

('65 Code, § 30-27)

A. Permit fee and deposit. Prior to the issuance of a permit under the provisions of this Subchapter, each applicant shall:

1. Pay to the City an excavation permit fee and additional charges in accordance with the Schedule of Charges adopted by the City Council as per § 9.08.335, except that no fee shall be required of the United States, State of California, or any political subdivision, governmental agency, department or contractor thereof, if in the opinion of the City Engineer the City will benefit from the act to be performed.

2. Deposit or file with the City a sum of money, certified check payable to the order of the City, or surety bond, in an amount sufficient to cover the cost of inspection and other incidental expenses and to guarantee restoration of the street to as good or better condition than it was before the work was begun, as determined by the City Engineer. The amount of such deposit or surety bond shall be determined from a schedule which will be prepared and filed as set forth in § 9.08.335 of this Subchapter.

3. Each applicant for a permit under § 9.08.305, Subsection G., shall pay the permit fee and deposit as established by resolution.

('65 Code, § 30-28)

B. Exceptions. Persons operating under a franchise granted by the State of California or the City may be granted a permit exempt from the provisions of Subsections A.2. and A.3., provided that in such cases permittees shall be liable for the actual cost of any work required to be done by the Division or its authorized representative in repairing damaged improvements to meet current construction standards and specifications to the satisfaction of the City Engineer. Such permittees also shall be liable for the cost of inspection and other incidental expenses incurred by the Division in connection with the work. The City Engineer may require deposits, as provided for in Subsections A.2., in the event the work is to be performed by a contractor retained by the City.

('65 Code, § 30-29) (Ord. No. 92-009 § 2; Ord. No. 2007-002 § 8)

The Division shall and it is hereby authorized to establish, subject to the approval and adoption by the City Council, a schedule of charges from which will be computed the amounts of deposits or bonds required under § 9.08.330 A. of this Subchapter and to change such schedule from time to time, subject to the approval of the City Council, in order to conform to the prevailing prices for materials and labor. The schedule shall be open to public inspection in the office of the Division, upon the demand of any person interested therein.

('65 Code, § 30-29.1)

For any work not contemplated in the Schedule of Charges, the applicant shall deposit a sum sufficient to guarantee restoration of the street and to reimburse the City for the actual cost of the inspection and similar services to be rendered by the City. This sum shall be computed by the Division and approved by the City Engineer, and upon deposit thereof a permit for the work may be issued by the Division.

('65 Code, § 30-30)

Any person making application for a permit to conduct any operations regulated by this Subchapter shall furnish to the City, and maintain, a certificate of public liability and property damage insurance as issued by an insurance company approved by the City Engineer, with minimum limits of One Hundred Thousand Dollars/Three Hundred Thousand Dollars ($100,000.00/$300,000.00) personal injury liability and Fifty Thousand Dollars ($50,000.00) property damage, to cover any liability created by the permittee in his operations permitted hereunder and to insure the City from any and all liability of any nature whatsoever connected directly or indirectly with said work. Public utilities operating under the supervision of the Public Utilities Commission, public utilities holding a franchise from the City, City Departments and other governmental agencies, may be relieved of the obligation of submitting such a bond by the City Engineer. No provision of this Section shall be construed to impose upon the permittee or any of said permittee's agents, servants or independent contractors, a greater or different duty of care to third persons than would otherwise be involved by law in the absence of such provision.

('65 Code, § 30-30.1)

Any deposit or bond made pursuant to this Subchapter shall remain in effect and shall be held by the City for a period of one year after the work is completed; provided, however that when in the opinion of the City Engineer the permittee's work is of such a nature that the damages, if any, may be immediately determined, the deposit may be refunded or the bond may be cancelled when the work is completed or at any time within one year thereafter, subject to the condition that before such deposit is refunded or such bond cancelled, there first shall have been paid to the City an amount sufficient to cover the City's cost for inspection and other incidental expenses.

('65 Code, § 30-31)

The decision of the City Engineer as to the cost of any work done or repairs made by the Division or under its directions, pursuant to the provisions of this Subchapter, shall be final and conclusive as to such cost.

('65 Code, § 30-32)

The Division shall maintain for each special or general deposit made under the provisions of this Subchapter, a full and accurate account thereof showing the amount of any such deposit received and all deductions made therefrom. All moneys refunded pursuant to the provisions of this Subchapter shall be paid upon demands approved by the City Engineer, and audited and paid in the same manner as other demands against the City.

('65 Code, § 30-33)

A. Whenever an excavation or obstruction obstructs, or is likely to obstruct, the use of a street or access to any fire hydrant in such a manner as to deter or hinder the operation of the Fire Department in extinguishing or controlling fire, the person making such excavation, street improvement, street betterment, facility, equipment or obstruction shall promptly notify the Fire Department, giving the exact location. This provision shall appear on or be attached to every permit issued under this Subchapter.

B. No firm or person shall deposit or maintain any building material of any kind whatsoever or any debris from any building or excavation in or upon any street:

• 1. Within 25 feet of any fire hydrant.
• 2. Within 11 feet of the nearest rail of any railroad tract on such street.
• 3. Where no railroad track exists, not more than 5 feet from curb into the street.
• 4. In any manner as to prevent the passage of any vehicle.

5. In any manner as to obstruct the gutter space of the street, per § 9.08.400 of this Subchapter.

6. No building material, debris, or excavated material shall be stored, stockpiled or maintained on any street, parkway, or sidewalk other than immediately in front of the building in actual course of construction, alteration, repair or demolition.

7. No person shall mix, make, place, or pile any mortar, plaster, asphalt, tar, lime, concrete, or any similar substance or mixture upon any surface of any street, parkway, sidewalk, or other public right of way; nor shall any person wash any plaster mixer, mixing box, plaster tools, ar any plastering equipment whatsoever onto any street, parkway, sidewalk or other public right of way, nor shall any person cause to be washed or emptied in any manner any concrete mixer or box, mixing truck, wheelbarrow or any tools, or any other concrete equipment whatsoever; nor wash or empty any paint buckets, paint-spraying equipment, tools or brushes onto any street, parkway, and the like, nor allow any of the above-mentioned materials to leak or run onto any street, alley, parkway or sidewalk, or remain to seep into or become bonded to any paved street, alley or sidewalk. Any violation of this Subsection will cause a Stop Work Order to be issued and the Division to have the necessary clean-up work done, with all costs therefor to charged to the violator and paid for before any Stop Work Order will be removed from any job where such violation was committed.

('65 Code, § 30-34)

Every person holding a permit under this Subchapter and engaged in the making or failing of any excavation, in any street, shall, on demand, while work is in progress, exhibit to the representative of the Division the permit issued for such work.

('65 Code, § 30-35)

A. All acts regulated by this Subchapter shall be commenced within (60) days after the issuance of a permit therefor, except that such time may be extended by the Division. If not so commenced, the permit shall be revoked. Permits thus revoked may be renewed for an additional sixty (60) day period upon the payment of an additional permit fee as originally required. The doing of such work and the repairing and restoring of the street to its original condition shall be performed and prosecuted with diligence so as not to obstruct the street or travel thereon any more than is absolutely necessary. When traffic conditions, the safety or convenience of the traveling public or the public interest require that the excavation work be performed as emergency work, the Division shall have full power to order, at any time during the work, that a crew of men and adequate facilities be employed by the permittee twenty-four (24) hours a day to the end that such excavation work may be completed as soon as possible.

B. The Division may revoke any permit granted under this Subchapter for violation of any Section thereof. If, upon the investigation of a reported violation of any part of this Subchapter, a violation is found to exist, a minimum investigation fee, as established by resolution, shall be charged the permittee for each investigation.

C. No person or firm shall continue to perform any work under any permit after the permit has been revoked or an order to stop work has been issued against a job by the Division.

('65 Code, § 30-36) (Ord. No. 2007-002 § 9)

A. Where existing street improvements have been excavated or damaged as the result of underground installations or other work for which a permit has been issued under this Subchapter, or when the repairs made by the permittee are found by the Division to be unsatisfactory, the Division may elect to have the City restore said improvements at the permittee's expense, in which event the restoration of said improvements shall be made by the Division and the cost thereof charged to holder of the permit.

B. No person shall fail to remove all building material or debris of any kind whatsoever deposited or maintained on any street, parkway or sidewalk under permit, within five (5) days after the completion of the construction, alteration, repair or demolition of any building or any other work, nor fail to leave the street, parkway or sidewalk in as good or better condition, as the same was prior to the depositing of such material or debris therein. Upon failure of the permittee to remove such material, the Division shall proceed to do such work or have the same done, and the cost thereof shall be paid by the permittee.

('65 Code, § 30-37)

Whenever it shall appear necessary to the Division to close any streets for construction or repair work, the Division may close or authorize the closing of such street, or any portion thereof, from public travel; provided, however, that the Division shall first notify the Police Department and the Fire Department of such closing.

('65 Code, § 30-38)

A. Barrier, lights and signs. The following barriers, lights and signs shall be required:

1. Excavations. Every person excavating any street shall place and maintain barriers at each end of such excavation and at such other places along the excavation as may be necessary to prevent accident, and shall also place and maintain lights at each end of such excavation and at distances of not more than fifty (50) feet along the line thereof, from sunset of each day to sunrise of the next day, until such excavation is entirely refilled. The person doing the work of excavating may place or post signs directing traffic around the excavation and any materials or equipment used in connection therewith. It shall be unlawful for any person to fail, refuse or neglect to comply with any requirement contained herein.

2. Street closing. Every street, or portion thereof, which is closed to public travel, shall be barricaded. Warning lights shall be placed on the barricades, as may be reasonably necessary, from sunset of each day to sunrise of the following day. Signs or notices to the effect that the street is closed shall be of a type approved by the City Engineer. Signs which direct traffic in such cases may be placed or posted only by or with the approval of the Division.

('65 Code, § 30-39)

B. Wrongful removal. No person shall willfully remove, injure, destroy or extinguish any barrier, warning light, sign or notice erected, placed, or posted in accordance with the provisions of this Subchapter.

('65 Code, § 30-40)

Every person excavating in any street shall, as may be necessary and/or in compliance with any order of the Division, maintain safe crossings for vehicles and pedestrians at street and alley intersections; safe crossings for pedestrians at intervals of not more than 300 feet; safe passage for vehicles and pedestrians when the excavation runs across the width of a street, and free access to all fire hydrant and water gates. Whenever routing traffic over the center line of the street is necessary, the Division shall be notified and it shall cause traffic lanes to be marked by means of barriers, rubber cones, striping, signs or similar devices, so as to leave no doubt as to where it is intended that traffic should flow past the obstruction. All materials for excavation shall be laid compactly along the side of the trench and kept trimmed up so as to cause as little inconvenience as possible to traffic. If the street is not of sufficient width to handle the excavation material without using a portion of the adjacent sidewalk, the person making the excavation shall erect a tight board fence upon and along such sidewalk and keep a passageway of at least two and one-half (2½) feet in width open upon and along said sidewalk, provided that the City Engineer may require wider portions of such sidewalk to be kept open in cases where such wider portions are considered necessary for public safety, convenience or welfare. All gutters shall be maintained free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of such curb at the gutter line. Whenever a gutter crosses an intersecting street, an adequate water way shall be provided and maintained at all times.

('65 Code, § 30-41)

Every holder of a permit for doing work in the public way under this Subchapter is authorized to place materials necessary for doing such work in the street, provided that such materials are barricaded and lighted as required by § 9.08.390 A. or any ordinance of the City or law of the State. It shall be unlawful for any person to haul any dirt, sand, gravel or similar material upon or along any City street unless contained in a box or receptacle sufficiently tight to prevent the same from sifting or dropping or spilling over the top of such receptacle onto any street.

('65 Code, § 30-42)

All workmanship, materials, equipment, methods and conditions for doing work authorized by this Subchapter shall be in accordance, unless otherwise specified herein, with specifications therefor on file in the office of the Division, provided, however, that such specifications shall have been approved and adopted by the City Council.

('65 Code, § 30-43)

A. The maximum width of any driveway installed under the provisions of this Subchapter shall not exceed thirty (30) feet in the flat and all driveways and sidewalks so installed shall otherwise conform to the driveway specifications on file in the office of the City Engineer. Provided, however, that the City Engineer, at his discretion, may approve exceptions to these provisions.

B. Driveways or depressed curbs abandoned and no longer in use shall be removed and replaced with full height curb and sidewalk on standard slope without any cost to the City. No new driveway shall be constructed to serve any lot until any existing unused driveway or depressed curb abutting or in front of said lot is so removed and replaced.

C. Upon the completion of any building, addition or remodeling of any building, structure, or swimming pool, and before calling for any final building inspections, the owner or his contractor shall (without cost to the City) cause the repair or replacement of any defective, damaged, off-grade, or for any reason non-conforming sidewalk, drive approach, or non-conforming conditions that may exist in the public way and be considered hazardous by the City Engineer, or in the opinion of the City Engineer may become hazardous.

D. Requirements for temporary driveways:

1. Before any vehicle shall be driven or operated over any curb or sidewalk at any point other than where a driveway has been constructed, a permit to construct a temporary driveway shall be obtained from the Division.

2. Where said vehicle is to be operated over said sidewalk, planking of a minimum thickness of not less than 1-5/8 inches shall in such a way as to fully protect said sidewalk from damage. The outside ends of all planks so used shall be evenly adjusted and beveled in such a manner as to render passage thereover as easy and safe as possible.

3. Where said vehicle is to be operated over said curb, the gutter shall be maintained free and unobstructed for the full depth of curb and at least one foot in width from the face of such curb at the gutter line.

4. All portions of the sidewalk or curbing so protected shall be kept open, clean and passable at all times, and lights and proper barricades shall be maintained from sunset of each day to sunrise of the next day.

5. Such driveway shall be maintained only during the life of the permit issued therefor. The maintenance of said driveway over said curb and sidewalk after the expiration of said permit shall be unlawful and is hereby declared a public nuisance and may be abated by the City at any time thereafter by removing same without notice to the permittee, and the cost of removal shall be collected from the permittee in any manner authorized by law.

('65 Code, § 30-44)

A. Filing maps. Every person owning, using, controlling, or having an interest in pipes, conduits, ducts, tunnels, or other structures under the surface of any street, used for the purpose of supplying or conveying gas, electricity, communication impulses, water, steam, ammonia, gasoline, or oil, in, to, or from the City or to or from its inhabitants, or for any other purpose, shall file with the Division the following:

1. Complete map. On demand, a map or set of maps, each drawn to a scale of not less than 200 feet to one inch, showing in detail the exact location, size, description and date of installation, if known, of all mains, laterals, valves, pressure regulators, drips, manholes, hand holes, transformers, chambers or other appliances installed beneath the surface of the street belonging to, used by, or under the control of such person, or in which such person has any interest.

2. Corrected map. Before the first day of March of each and every year, a corrected map or set of maps, each drawn to a scale of not less than 200 feet to one inch, showing the complete installation of all such pipes, conduits, ducts, tunnels, or other structures, including all installations made during the previous year, to and including the last day of such year.

3. Portion of map. Within twenty-four (24) hours after the receipt of a written request to do so, copies of any portion of any map or maps of such installation.

4. Affidavit. Each map herein required shall be accompanied by an affidavit endorsed thereon to the effect that the same correctly exhibits the details required to be shown by this Section. Such affidavits are not required where prints of current engineering maps are filed.

('65 Code, § 30-45)

B. Abandonment.

1. Whenever any pipe, conduit, duct, tunnel, or other structure located under the surface of any street, or the use thereof, is abandoned, the person owning, using, controlling or having an interest therein shall within 30 days after such abandonment, file with the Division a statement, in writing, giving in detail the location of the pipe, conduit, duct, tunnel, or other structure so abandoned. Each map, or set of maps filed pursuant to the provisions of this Subchapter shall show in detail the location of all such pipes, conduits, ducts, tunnels, or other structures abandoned subsequent to the filing of the last preceding map or set of maps. If such lines are in the way, or subsequently become in the way of an installation of the City or any other public body, which installation is pursuant to a governmental function, the owner shall remove such abandoned lines when exposed or pay the cost of removal thereof, as required by the installation of a facility by the City or any other public body.

2. The requirements herein shall not apply to abandoned service lines designed to serve a single property owner.

('65 Code, § 30-46)

A. Notice to owner.

1. Whenever the City Engineer shall determine that it is reasonable and necessary that any property or facility located in, upon, over or under any street be temporarily disconnected and reconnected or permanently moved, relocated or removed from any street in order that the City or other governmental agency or instrumentality may, in its governmental capacity, most economically under modern engineering and construction methods, install, construct, build or erect any public improvement or works in, on, over, under or along such street, or any other street, the City Engineer shall notify the person owning, maintaining or controlling such property to move, relocate or temporarily disconnect the same, as may be determined by the City Engineer.

2. No one doing excavation work in a City street shall interfere with any existing utility facilities without prior arrangements with the City Engineer and the Public Utility. Where existing public utility facilities would be intersected by new City owned installations or must be relocated to accommodate such work, when related to governmental function, the cost of relocation shall be borne by the Public Utility. Where existing public utility facilities are temporarily cut and reconnected by the Public Utility solely for the convenience of making new installations, the contractor making said new installations shall make arrangements with and reimburse the Public Utility for such work. Nothing in this Section is intended in any way to supersede or override the terms and provisions of any applicable franchise, or prior rights that otherwise exist in favor of said Public Utility.

('65 Code, § 30-47)

B. Contents of notice. Such notice shall identify and refer to the property or facility to be moved, relocated or temporarily disconnected.

('65 Code, § 30-48)

C. Removal by owner or division. Every person given such notice shall, within thirty (30) calendar days thereafter, begin the work of moving, relocating or disconnecting his property or facility as designated therein and shall prosecute such work diligently to completion; otherwise the Division shall have the power to do the same and the cost necessarily incurred to do such work may be recovered by the City from the person owning, maintaining or controlling such property or facility.

('65 Code, § 30-49)

Whenever any damage to grass, plants or trees in the street is caused by any permittee in the performance of work authorized by this Subchapter, it shall be the duty of the permittee to repair such damage to the satisfaction of the Park Superintendent. If such repairs are not made, the Park Superintendent shall cause notice thereof to be served, in person or by mail, upon the permittee and if such damage is not satisfactorily repaired within ten (10) days from service of said notice, the Park Superintendent shall repair the same and notify the Division of such repair and the cost thereof. The Division thereupon shall deduct from the deposit made by the permittee, or withhold cancellation of the permittee's bond until paid, the amount so expended and reported for repairing said damage.

('65 Code, § 30-50)

A. Nothing in this Subchapter contained shall affect any ordinance or requirements in this City now or which hereafter may be in effect, in regard to inspection of plumbing, gas or electric construction, or as to making connection with public sewers or other mains or conduits in said City, or as to the payment required for the making of connections with public sewers financed by public funds, or which funds are raised from the sale of bonds of said City.

B. Nothing in this Subchapter contained, and no fact, circumstances or inference arising therefrom shall be deemed or considered to grant any franchise or privilege in, over or under any public streets, alleys or other public places in this City.

('65 Code, § 30-50.1) (Ord. No. CS-529)

USE OF STREETS FOR BUS BENCHES

For the purpose of this Subchapter, certain terms used herein are defined as follows:

BENCH. A seat for the accommodation of persons awaiting transportation;

PUBLIC RIGHT-OF-WAY. Any public thoroughfare or way including the sidewalk, the parkway, curb, and any other public or quasi public property or easement bordering a public street or roadway.

('65 Code, § 30-52) (Ord. No. CS-736 § 1 (part))

It shall be unlawful for any person to place, install, relocate or maintain any bench on any public right-of-way without authority therefor obtained from the City Council following acceptance of a bid or an agreement for such services and location permits approved by the Director of Transportation. A blanket location permit shall be obtained, listing location of each bench, and shall be applicable for designated locations only.

('65 Code, § 30-53) (Ord. No. CS-736 § 1 (part))

A contract governing the exclusive placing and maintaining of benches within the City shall be awarded to that individual proposer submitting the best proposal for the rendering of such service. Such contract shall require an agreement as to the following regulations:

A. No bench shall be placed, located or maintained within the City without a location permit obtained from the Director of Transportation.

B. No bench shall be more than forty-two (42) inches high nor more than two (2) feet six (6) inches wide nor more than seven (7) feet long, over all.

C. Each bench shall have conspicuously displayed thereon the name of the permittee.

D. No advertising matter of any kind shall be displayed upon any bench within the City.

E. No bench shall tend to obstruct passage along any right-of-way or to create a hazard, inconvenience, or be detrimental to the public safety and welfare.

F. No bench shall be placed or maintained at a point less than eighteen (18) inches or more than thirty (30) inches from the face of the curb and each bench must be kept parallel with the curb.

G. It shall be the duty of the permittee to maintain each bench at all times in a safe, clean and painted condition and at its proper and lawful location, and to inspect each bench periodically and to immediately remove any bench which the Director of Transportation determines should be removed in the public interest for any reason;

H. The City reserves the right to terminate any agreement entered into pursuant to this Subchapter at its discretion upon giving thirty (30) days written notice to the permittee within which thirty (30) day period the permittee shall remove all benches required by the City to be removed.

I. In the event a permittee neglects or refuses to remove any bench pursuant to such notice, the City may remove it and charge the permittee or owner thereof a minimum charge performed by City crews for removal and storage, as set forth by resolution, and at the end of sixty (60) days of storage, sell or otherwise dispose of any benches remaining unclaimed.

J. The City Council may impose additional regulations and requirements or modify the herein regulations by its resolution.

K. The permittee shall agree to indemnify and save harmless the City, its agents, officers and employees from any and all loss, costs, damages, expenses or liability which may result from or arise out of the granting of any permit or the installation or maintenance of any bench. In connection herewith, permittee shall at all times keep and maintain public liability insurance in the sum of One Hundred Thousand Dollars/Three Hundred Thousand Dollars ($100,000.00/$300,000.00) and Ten Thousand Dollars ($10,000.00) property damage.

('65 Code, § 30-54) (Ord. No. CS-736 § 1 (part); Ord. No. CS-809 § 3; Ord. No. 2007-002 § 10)

A contract shall be awarded to that responsible proposer who submits the best proposal for the placing and maintaining of benches within the City in accordance with the terms and requirements of the herein ordinance and such additional terms as may be required by the City Council. The City Council may accept or reject proposals in its discretion. In the event a proposal is accepted, a contract, including the terms and requirements hereof, shall be executed granting such successful proposer a license for the exclusive placing and maintaining of benches within the City for such term as is determined by the City Council and subject to revocation at the discretion of either party.

('65 Code, § 30-55) (Ord. No. CS-736 § 1 (part))

Upon awarding a contract in accordance with the provisions hereof, the proposer shall be required to apply for and duly receive location permits for benches to be placed and installed within the City. All applications for location permits shall contain the following:

A. Detailed plans and specifications of benches to be installed.

B. Name and address of owner of benches.

C. A statement by applicant that applicant is familiar with the provisions of this Subchapter as same exists at the date of said application, and, if granted the permit applied for, will observe, and abide by, and be bound by such provisions.

D. The application shall be filed with the Director of Transportation who shall grant the application or deny same within ten (10) days from filing of the application.

E. All location permits shall be issued on an annual basis and shall be revocable upon the determination of the Director of Transportation that the public interest is served thereby.

F. A list showing location of each bench.

G. The permittee hereunder shall, in addition to the other fees required herein, pay a license fee in the form and manner required by Chapter 11.01 of this Code.

H. A semi-annual report on number of bus benches with advertisements on them.

('65 Code, § 30-56) (Ord. No. CS-736 § 1 (part))

All benches which have been placed and remain at any location on the streets of the City at the time of the adoption of this subchapter shall be removed within sixty (60) days from and after the effective date hereof unless, prior to said removal date, a permit shall have been duly obtained in the form and manner as required herein.

('65 Code, § 30-57) (Ord. No. CS-736 § 2)

NEWSRACKS

For the purpose of this Subchapter, certain words and phrases shall be construed as set forth in this Section, unless it is apparent from the context that a different meaning is intended.

BLOCK. One side of a street between two intersecting streets. For purposes of this definition “street” does not include an alley or other right-of-way unless it is of the same width as a regular residential minimum-width street approved as part of a master plan of circulation.

CUSTODIAN. That person, or persons, who places, maintains or services a newsrack by, but not limited to, depositing and/or removing materials from such newsrack and/or collecting monies from such newsrack.

EXPLICIT SEXUAL ACTS. Depiction of sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, sadism, masochism, or excretory functions in conjunction with sexual activity, masturbation, or lewd exhibition of the genitals, whether any of the above conduct is depicted or described as being performed alone or between members of the same or opposite sex or between humans and animals, or other act of sexual arousal involving any physical contact with the person's genitals, pubic region, pubic hair, perineum, anus or anal region or breast.

NEWSRACK. Any self-service or coin-operated box, case, container, storage unit or other dispenser, exclusive of any tray or base mount, installed, used or maintained for the display or sale of any written or printed material, including but not limited to, newspapers, news periodicals, magazines, books, pictures, photographs and records.

PARKWAY. That portion of a street other than a roadway or sidewalk.

ROADWAY. That portion of a street improved, designed, or ordinarily used for vehicular travel.

STREET. All that area dedicated to public use for public right-of-way purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.

('65 Code, § 22-30) (Ord. No. CS-807 § 1 (part); Ord. No. CS-998, § 1 (part))

Cross-reference:

Nuisances, see Ch. 9.04

A. No person shall install, use or maintain any newsrack which projects onto, into or over any part of the roadway or alley of any public street or which rests, wholly or in part, upon, along, or over any portion of the roadway or alley of any public street.

B. No person shall install, use or maintain any newsrack which, in whole or in part, rests upon, in or over, any public sidewalk or parkway:

• 1. When such installation, use or maintenance endangers the safety of persons or property; or
• 2. When a site or location is used for public utility purposes or public transportation purposes; or
• 3. When such newsrack unreasonably interferes with or impedes:

a. The flow of pedestrian or vehicular traffic, including (i) any legally parked or stopped vehicle, or (ii) the ingress into or egress from any residence, place of business or legally parked or stopped vehicle; or

b. The use of poles, posts, traffic signs or signals, hydrants or trash containers, mailboxes, or other objects permitted at or near said location; or

c. The cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery.

('65 Code, § 22-31) (Ord. No. CS-807 § 1 (part); Ord. No. CS-998 § 1 (part))

A. Prior to any placement, the owner or custodian must file with the Director of Public Works, or his or her designee, satisfactory to the liability and property damage insurance in the amount of One Million Dollars ($1,000,000) to indemnify the City against any personal injury, death, loss or damage resulting from the permittee's activities. The City and its officers shall be named as additional insureds. The policy must include a statement by the insurance carrier that thirty (30) days written notice will be given to the City before any cancellation or modification of coverage. The permittee must maintain such insurance for as long as the permittee maintains a newsrack in the public right-of-way; any lapse in coverage shall be grounds for removal. Said policy shall be issued by a California company by an issuer rated in Best's Insurance Guide with a rating of AAA or better.

B. The owner shall also execute a hold harmless agreement as provided by the City prior to placement.

('65 Code, § 22-32) (Ord. No. 96-010 § 1 (part))

A. No person shall install, use or maintain any newsrack which projects onto, into or over any part of the roadway or alley of any public street or which rests, wholly or in part, upon, along, or over any portion of the roadway or alley of any public street.

B. No person shall install, use or maintain any newsrack which, in whole or in part, rests upon, in or over, any public sidewalk, public easement or parkway, except as provided herein.

C. The specific location of newsracks shall comply with the following requirements:

1. Where placement is next to a building, it shall be placed adjacent and parallel to and within six (6") inches of the wall of the building;

2. Where placement is next to a curb it shall be situated parallel to and no less than eighteen (18") nor more than twenty-four (24") inches from the edge of the curb;

3. No more than six (6) newsracks shall be located on any public right-of-way within a space of two hundred (200') feet in any direction within the same block of the same street;

4. No more than sixteen (16) newsracks shall be allowed on any one block;

5. No newsracks shall be placed on a sidewalk or parkway facing another publication vending machine, group of such machines or newsstand, divided by only the width of a sidewalk or pedestrian walk.

D. 1. In determining which newsracks shall be permitted to remain, the Director of Public Works, or his or her designee, shall be guided solely by the following criteria set forth herein. In the event there are six (6) or more newsracks located on the public right-of-way within a space of 200 feet in any direction within the same block of the same street in the aforementioned locations on the effective date of this chapter, no additional newsracks shall be approved until such time when there are fewer than six (6) newsracks within a space of 200 feet in any direction within the same block of the same street at such location. The applicant, upon request, may be placed on a waiting list for such location. The waiting list shall be administered on a first come, first served basis.

2. Priority system. In determining which newsracks shall be permitted to remain, the Director of Public Works, or his or her designee, shall be guided solely by the following criteria.

a. First priority. First priority shall be given to newsracks used for the sale of publications which have been adjudicated to be newspapers of general circulation for Los Angeles County, pursuant to the procedure set forth in Cal. Gov't Code§§ 6020 et seq.

b. Second priority. Second priority shall be given to newsracks used for the sale of daily publications (those published on five (5) or more days in a calendar week) which have not been adjudicated to be newspapers of general circulation of Los Angeles County.

c. Third priority. Third priority shall be given to newsracks used for weekly publications (those published on at least one but less than five (5) days in a calendar week) which have not been adjudicated to be newspapers of general circulation for Los Angeles County.

d. Conflict within priority categories. As between newspapers included within any single category of priority above, the Director of Public Works, or his or her designee, shall also be guided by the following criteria of priorities whenever more than six (6) newsracks are proposed within 200 feet of one another or more than sixteen (16) newsracks are proposed for any one block:

(1) First priority shall be daily publications (published five (5) or more days per week).

(2) Second priority shall be publications published two (2) to four (4) days per week.

(3) Third priority shall be publications published one day per week.

(4) In the event that there is a conflict between newspapers within the same priority seeking the same location, and there are insufficient newsrack spaces remaining to accommodate the competing newspapers after first filling as many spaces as possible by utilizing the criteria set forth above, then the Director of Public Works, or his or her designee, shall assign the space or spaces at random by placing the names of all applicants for the remaining spaces at a location into a container from which the names shall be drawn, one at a time until the particular spaces remaining of unfilled newsracks have been filled. Such drawing shall be open to the public at a time and date designated by the Director of Public Works, or his or her designee.

E. No newsrack shall be placed, installed, used or maintained:

1. Within five (5') feet of any marked crosswalk;

2. Within fifteen (15') of the curb return of any unmarked crosswalk;

3. Within five (5') feet of any fire hydrant, fire callbox, police callbox, trash container, utility box, traffic signal controller, street light controller, or other emergency facility;

4. Within five (5') feet of any driveway;

5. Within five (5') feet ahead of, and twenty-five (25') to the rear of any sign marking a designated bus stop;

6. Within six feet (6') of any bus bench;

7. At any location whereby the clear space for the passageway of pedestrians is reduced to less than six (6') feet;

8. On or within three (3') feet of any area improved with lawn, groundcover, flowers, shrubs or trees;

9. Within three (3') feet of any display window of any building, abutting the sidewalk or parkway or in such a manner as to impede or interfere with the reasonable use of such window display purpose;

10. Within two (2) feet of any utility meter or ground level access thereto; and

11. At any location where the newsrack unreasonably obstructs, interferes with access to or the use and enjoyment of the abutting property.

('65 Code, § 22-33) (Ord. No. 96-010 § 1 (part); Ord. No. 99-003, § 1)

In the event of violations of § 9.08.615, the Director of Public Works, or his or her designee, as an alternative to removal under the provisions of §§ 9.08.630 through 9.08.640, may move such machines in order to restore them to a legal condition.

('65 Code, § 22-34) (Ord. No. 96-010 § 1 (part))

Newsrack installation shall comply with the following requirements:

A. Newsracks shall be the standard “K-Jack” model, standard KJ-100 Mini View model or an equivalent model approved by the Director of Public Works, or his or her designee, which shall be securely bolted to the sidewalk. Newsracks that are in place as of June 1, 1996 and not in compliance with this Subsection shall be replaced with conforming newsracks within four (4) months of June 1, 1996.

B. Newsracks which are required to conform to the requirements of this Subchapter shall carry no advertising, including rack cards, except that the name of the newspaper or periodical being dispensed may be displayed on the bottom one-third (1/3) of the hood on the front access side of the newsrack. Newsracks in place prior to December 24, 1994, may carry rack cards which exclusively advertise the newspaper or periodical being dispensed.

C. The current name, address and telephone number of a responsible person or entity who may be contacted at anytime concerning the newsrack shall be displayed on the hood of the newsrack in such a manner as to be visible and readable to a prospective customer.

D. Newsracks shall at all times be maintained in good working order, and their exterior surface shall be maintained in a clean, untarnished and attractive condition free of defects, physical damage, handbills, extraneous markings and graffiti.

E. Upon the removal of any pedestal mount base from the parkway or sidewalk, the person so removing shall be responsible for the repair of any resulting condition, including the filling in of any holes. Such work shall be done to the satisfaction of the Director of Public Works, or his or her designee; and

F. No base mount or tray shall be maintained on a public sidewalk or parkway unless there is attached thereto a newsrack as provided herein.

('65 Code, § 22-35) (Ord. No. 96-010 § 1 (part))

A. Except as provided in § 9.08.640 hereof, if any publication vending machine is installed or maintained in violation of any provision of this Subchapter, the Director of Public Works, or his or her designee, shall attach a notice of violation to said publication vending machine specifying the date and nature of the violation. The owner or custodian of the vending machine or the publisher of the publication contained therein, if the identity of such persons can be ascertained from the records of the City or from the vending machine, shall be sent notice of said violation by the Director of Public Works, or his or her designee, by certified mail, return receipt requested, within five (5) working days. Such notices shall specifically describe the offending condition or conditions. Compliance with these notification requirements shall constitute adequate notice of violation.

B. Upon receipt of notice of a violation of any provision of this Subchapter, the owner or custodian of the vending machine or the publisher of the publication contained therein, shall within ten (10) working days from the date on which notice of said violation was attached to the publication vending machine, either cause the violation to be corrected or file a written request for a hearing pursuant to § 9.08.655.

('65 Code, § 22-36) (Ord. No. 96-010 § 1 (part))

A. When a final determination has been made that the violation specified on the notice attached to such publication vending machine has in fact occurred, and the owner or custodian of the vending machine or the publisher of the publication contained therein has failed to correct such violation within ten (10) working days from the mailing of notice of such notice of determination, said publication vending machine shall be removed by the Director of Public Works, or his or her designee, and stored in a convenient place.

B. Failure to maintain any newsrack in compliance with the provisions of this chapter shall give the City the right to remove all newsracks of the newsrack vendor who is in violation.

('65 Code, § 22-37) (Ord. No. 96-010 § 1 (part))

A. If any publication vending machine is so located or maintained that it poses a danger to pedestrians or vehicles as specified in § 9.08.615, said publication vending machines shall be summarily removed by the Director of Public Works, or his or her designee, and stored in a convenient place.

B. If any publication vending machine has been abandoned, said publication vending machine shall be summarily removed by the Director of Public Works, or his or her designee, and stored in a convenient place. A publication vending machine shall be deemed abandoned when no new publication has been placed in such publication vending machine for a period of seven (7) days.

C. If any publication vending machine does not have the identification required by § 9.08.625 hereof, said publication vending machine shall be summarily removed by the Director of Public Works, or his or her designee, and stored in a convenient place.

D. 1. If any publication vending machine has had a notice affixed thereto of noncompliance with any Section of this Subchapter and the owner or custodian of the vending machine or the publisher of the publication contained therein has neither caused the violation specified on said notice to be corrected or requested a hearing pursuant to § 9.08.655 within the time permitted, said publication vending machine shall be summarily removed by the Director of Public Works, or his or her designee, and stored in a convenient place.

2. If a request for a hearing or appeal has been withdrawn by the owner or custodian of the vending machine or publisher of the publication contained therein, said publication vending machine shall be summarily removed by the Director of Public Works, or his or her designee, and stored in a convenient place. Such request shall be deemed withdrawn either by actual withdrawal or by the failure of the applicant to fully comply with § 9.08.655.

('65 Code, § 22-38) (Ord. No. 96-010 § 1 (part))

Whenever any publication vending machine is impounded pursuant to this Subchapter, the owner or custodian of the vending machine or publisher of the publication contained therein, if the identity of such persons can be ascertained from the records of the City or from the vending machine, shall be sent a notice of said action by the Director of Public Works, or his or her designee, by certified mail, return receipt requested, within five (5) working days thereafter. The owner or custodian of the vending machine or publisher of the publication contained therein may, within ten (10) working days after the mailing date of said notice, request a hearing as provided in § 9.08.655.

('65 Code, § 22-39) (Ord. No. 96-010 § 1 (part))

A. Return of impounded machines. Any publication vending machine, together with its contents, which has been impounded pursuant to this Subchapter shall be returned to the owner or the custodian of the vending machine or publisher of the publication contained therein:

1. Upon receipt of a fee established by resolution for removal and storage of such publication vending machine by City crews; or

2. Upon a determination after a hearing by the Municipal Code Appeals Committee, pursuant to § 9.08.655, that such impoundment was not authorized; or

3. Upon a decision by the City Council on appeal, pursuant to § 9.08.655, that such impoundment was not authorized.

('65 Code, § 22-40)

B. Sale or disposal of impounded vehicles. The Director of Public Works, or his or her designee, may process as unclaimed property and dispose of any impounded publication vending machine pursuant to the applicable provisions of this Code and the laws of the State:

1. Upon failure of the owner or custodian of the vending machine or publisher of the publication contained therein, to request a hearing pursuant to § 9.08.655, within the time permitted.

2. After a final determination that said publication vending machine was lawfully impounded and fees and costs assessed pursuant to Subsection A. have not been received within thirty (30) working days from the date of the final determination.

('65 Code, § 22-41) (Ord. No. 96-010 § 1 (part); Ord. No. 2007-002 § 11)

A. Any owner or custodian of a publication vending machine or publisher of the publication contained therein may file a written request with the Director of Public Works, or his or her designee, for a hearing by the Municipal Code Appeals Committee for the purpose of demonstrating that a publication vending machine was illegally impounded, or that a violation as specified on the notice attached to a publication vending machine pursuant to § 9.08.630 has not in fact occurred.

B. Within five (5) working days from the date on which the request for hearing is received, the Director of Public Works, or his or her designee, shall notify the owner or custodian of the vending machine or publisher of the publication contained therein of the date, time and place of said hearing by certified mail, return receipt requested. Said hearing shall be set for a date within ten (10) working days of the mailing date of the notice.

C. At the time set for such hearing or at the date to which such hearing is continued, the Municipal Code Appeals Committee shall receive all evidence relevant to the occurrence or nonoccurrence of the specified violation(s), the compliance or noncompliance with any of the provisions of this Subchapter, and any other relevant information. Such hearing need not be conducted according to technical rules relating to evidence and witnesses. Oral evidence shall be taken only on oath or affirmation.

D. Within five (5) working days after the conclusion of the hearing, the Administrative Hearing Board shall issue, in writing, its decision and the Director of Public Works, or his or her designee, shall send by certified mail, return receipt requested, a copy of said decision to the owner or custodian of the vending machine or publisher of the publication contained therein.

E. A decision of the Municipal Code Appeals Committee may be appealed to the City Council. Appeals to the City Council shall be filed with the City Clerk within ten (10) working days of mailing of the decision and shall state the basis of such appeal. Appeals shall be acknowledged by the Clerk within five (5) days of receipt. The Council shall hear the appeal within thirty (30) days of receipt.

('65 Code, § 22-42) (Ord. No. 96-010 § 1 (part))

A. No newsrack shall be used for advertising signs or publicity purposes other than for purposes dealing with the display, sale or purchase of the publications sold therein.

B. No person shall offer for sale or permit to be offered for sale to the public on any public right-of-way by means of a newsrack any publication in such a manner as to expose to the public view any of the following:

1. Any statements or words describing explicit sexual acts, sexual organs, or excrement where such statements or words have as their purpose or effect sexual arousal, gratification or affront.

2. Any picture or illustration of genitals, pubic hair, perineums, anuses, or anal regions of any person where such picture or illustration has as its purpose or effect sexual arousal, gratification or affront.

3. Any picture or illustration depicting explicit sexual acts where such picture or illustration has as its purpose or effect sexual arousal, gratification or affront.

('65 Code, § 22-43) (Ord. No. 96-010 § 1 (part))

A. The provisions of this Subchapter shall apply to all newsracks, whether installed and maintained prior to or after the effective date of any of the provisions herein. Those newsracks installed prior to the effective date of the said provisions shall be brought into compliance with said provisions within one hundred twenty (120) days of the effective date, hereof. Any newsrack not brought into compliance within said compliance period shall be deemed to be in violation of this Subchapter, except that one extension, not to exceed one hundred twenty (120) days, may be obtained, in writing, from the Director of Public Works, or his or her designee. Such extension shall be granted only if the owner or custodian has made a good faith attempt to comply within the said compliance period.

B. Any costs incurred by an applicant for the installation and maintenance of any newsrack to comply with the provisions of this Subchapter of the Culver City Municipal Code shall be borne by the applicant.

('65 Code, § 22-44) (Ord. No. 96-010 § 1 (part))

A. Unless otherwise specified, a violation of any of the provisions of this Subchapter shall be deemed a misdemeanor, and shall be subject to a fine not to exceed One Thousand Dollars ($1,000.00), six (6) months in jail, or both.

B. Nothing in this chapter shall prevent the City Attorney from prosecuting a violation of this Subchapter as an infraction, at his/her discretion, as set forth in § 1.01.035 B. of this code.

C. Nothing in this chapter shall prevent the City Attorney from bringing a civil action, at his/her discretion, for violations of the provisions of this chapter, as set forth in § 1.01.050 of this code.

('65 Code, § 22-1) (Ord. No. 96-034 § 2)

If any section, subsection, subpart or provision of this Subchapter, or the application thereof to any person or circumstances, is held invalid, the remainder of the provisions of this Subchapter and the application of such to other persons or other circumstances shall not be affected thereby.

('65 Code, § 22-45) (Ord. No. 96-010 § 1 (part))

PARKWAY LANDSCAPING GUIDELINES

For the purpose of this Subchapter, certain terms used herein are defined as follows:

LANDSCAPING. Ornamental live plant materials (trees, shrubs, vines, groundcover or turf) in containers or at grade, and decorative hardscape areas.

PARKWAY. Land area between street curb and sidewalk.

RESIDENTIAL PARKWAY LANDSCAPING GUIDELINES. The City of Culver City Residential Parkway Landscaping Guidelines, established by resolution of the City Council.

TURF. Single bladed grass or sod.

(Ord. No. 2016-006 § 2 (part))

A. All landscaping of residential parkways in the City shall conform to the Residential Parkway Landscaping Guidelines adopted by resolution of the City Council, except as provided in § 9.08.710.C.

B. The Residential Parkway Landscaping Guidelines apply to all residential parkways of the City.

C. Non-conforming landscaping existing at the time of the adoption of the Residential Parkway Landscaping Guidelines may remain, until replaced with new landscaping, which must conform to this Section, unless the non-conforming landscaping causes or results in an unsafe or hazardous condition.

(Ord. No. 2016-006 § 2 (part))

No person shall plant or alter the landscaping in parkways located in non-residentially zoned properties without first obtaining a permit to do so from the City. Such permit shall state the variety of trees, shrubs, and plants to be planted and the location and size thereof.

(Ord. No. 2016-006 § 2 (part))

A violation of any provision of this Subchapter is unlawful and may be enforced by any remedies available in law or equity, including those provided in Chapters 1.01 and 1.02 of this Code.

(Ord. No. 2016-006 § 2 (part))

In the event of any conflict between this Subchapter and any other provisions of this Code or the Landscape and Lighting Act of 1972, this Subchapter shall control.

(Ord. No. 2016-006 § 2 (part))