Diamond Bar Municipal Code Div. 2 Highway Permits

Footnotes:

--- (3) ---

Cross reference— Business licensing, tit. 5.

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

(Ord. No. 14(1989), § 2(16.02.010), 6-27-89)

Unless the provision or the context otherwise requires, the general provisions, rules of construction and definitions set out in this subdivision shall govern the construction of this division.

(Ord. No. 14(1989), § 2(16.02.030), 6-27-89)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Base means that portion of the highway located between the pavement and the native soil.

Director means the director of public works of the city, or his authorized deputy agent, representative or inspector.

Driveway approach means that portion of the road right-of-way between the property line and curb, or between the property line and the pavement if no curb exists, where vehicles enter or leave the highway onto adjacent property.

Encroachment means and includes any obstruction, tower, pole, pole line, pipe, fence, wire, cable, conduit, stand or building, or any structure or object of any kind or character not particularly mentioned in this division, which is placed in, along, under, over or across the highway. This section does not apply to the temporary use of the highway for ordinary maintenance of any existing authorized or permitted encroachment; nor to the suspension or stringing on existing pole lines of additional cables, wires, transmission lines, conduits or service connections solely for telephone or electric power purposes.

Facilities or pipelines, as used in sections 12.04.140(a)(3), 12.04.210, 12.04.1410—12.04.1490(a), (c), 12.04.1500, 12.04.1510, 12.04.1540 mean pipes, pipelines, valves, tanks, mains, service lines, conduits, duct banks, cables, wires, poles, tunnels, obstructions and other apparatus, both aerial and underground.

Hazardous substance means one having the potential for an immediate disaster, such as, but not limited to, gasoline, fuel oil, butane, propane, chemicals, or chlorine, and natural gas transported at pressures greater than 60 psi; and, for the purposes of this division, electrical facilities shall comply with the requirements applicable to hazardous substances.

Height means that dimension measured from the level surface upon which the vehicle stands to the highest protrusion in a vertical line.

Highway means any public highway, public street, public way or public place in the city, either owned by the city or dedicated to the public for the purpose of travel. The term includes all or any part of the entire width of right-of-way, and above and below the same, whether or not such entire area is actually used for highway purposes.

Load means any object or thing which, when transported by a vehicle or combination of vehicles over, upon, along or across any highway, would be required to have a special permit in accordance with provisions of the Vehicle Code, and includes, but is not limited to, any house, vessel, machine, equipment, transformer, tree, girder, boat or airplane.

Moving contractor means any person who, for himself or for another, moves or causes to be moved any load over, upon, along or across any highway.

Native soil means the compacted native material.

Newsrack means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers or news periodicals.

One call notification system or system means an association providing for mutual receipt of notification of construction activities in the city.

Overhead structure means any structure other than franchise utility poles and their facilities extending over the dedicated portion of a highway, including canopies, but excluding such projections from buildings as are enumerated in the building code.

Pavement means the surfaced portion of the highway which is composed of various size aggregates mixed with Portland cement and/or asphaltic compounds.

Person includes any individual, firm, copartnership, joint venture, association, corporation, estate, trust, business trust, any district, any city, any county including this county, and all departments and bureaus thereof except the department responsible for maintenance of roads in the city.

Public means any person as defined by this section other than the department responsible for maintenance of roads in the city and includes the United States and this state.

Roadway means that portion of a highway improved, designed or ordinarily used for vehicular travel.

Vehicle means a vehicle or combination of vehicles as described in the Vehicle Code which:

(1) Whether laden or unladen is required by the Vehicle Code to have a special permit to be on any highway; or

(2) Is so laden that it is required to have such special permit.

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

(Ord. No. 14(1989), § 2(16.04.020—16.04.200, 16.04.230, 16.04.250), 6-27-89)

Cross reference— Definitions generally, § 1.00.070.

(a) Every person, except as otherwise provided in this division, is required to obtain a permit from the director of public works before he:

(1) Moves or causes to be moved over, along or across any highway any load or vehicle;

(2) Makes or causes to be made any excavation or encroachment in any highway;

(3) Places, changes, renews or abandons a facility or encroachment;

(4) Places, constructs or repairs any curb, gutter, sidewalk, driveway, pavement, base course, retaining wall, storm drain, culvert, or other work of similar nature in, over, along, across or through any highway;

(5) Constructs, reconstructs or repairs any highway light or highway lighting system in any highway or in any privately owned thoroughfare which is open to public travel; this subsection does not apply if any agreement with the city exists for the construction, reconstruction or maintenance of such installation;

(6) Constructs, reconstructs, repairs or maintains any overhead structure or other appurtenant facility; and

(7) Places or leaves any impediment to travel upon any highway.

(b) Any person who does any of the acts specified in this section, without the authority of such a permit, is guilty of a misdemeanor.

(Ord. No. 14(1989), § 2(16.06.010), 6-27-89)

Any person who shall commence any work for which a permit is required by this division without first having obtained a permit therefor shall stop work and apply for such permit.

(Ord. No. 14(1989), § 2(16.06.020), 6-27-89)

Every permit issued under this division for activity or work, in, along, on, over, across or under the highway shall be granted subject to the right of the city or of any other person entitled thereto, to use that part of such highway for any purpose for which such highway may lawfully be used. Proof of the applicant's right to use the highways for the purposes set forth in the application shall be filed with the director of public works.

(Ord. No. 14(1989), § 2(16.06.030), 6-27-89)

The permittee shall make the permit available for inspection by the director of public works or his representative or by any peace officer or other person having responsibility for safety or maintenance of the highway. Each permit for moving must be in or on the vehicle or combination of vehicles to which it refers.

(Ord. No. 14(1989), § 2(16.06.040), 6-27-89)

The director of public works may cancel a permit unless the activity therein permitted is commenced within the time specified and is diligently prosecuted to completion.

(Ord. No. 14(1989), § 2(16.06.050), 6-27-89)

(a) Compliance with regulations and code provisions required. Every person who commences any activity or work regulated by this division must comply with the provisions of this division, the provisions made part of any permit, and the provisions of the specifications and all codes referred to by this division.

(b) Standard specifications for public works and other specifications applicable. All work shall be performed in accordance with the Standard Specifications for Public Works Construction, or according to the plans and specifications referred to in the permit and, in addition, to any special requirements and/or specifications which are made a part of the permit. In case of conflict between two specifications, the higher specification shall apply.

(c) Safeguarding, restoration, completion and cleanup. Every person who commences any activity or work regulated by this division shall safeguard and complete the activity or work within a reasonable time. Any part of the highway facility of any nature removed or disturbed shall be repaired, restored and replaced in a condition satisfactory to the director of public works. All surplus material of any kind shall be removed from the highway.

(d) Warning signs, lights and barricades; requirements. Any person engaged in performing work regulated by this division which interferes with or endangers the safe movement of traffic shall have the work safeguarded by adequate warning signs, barricades, lights and devices. He shall be responsible for placing and maintaining adequate warning signs, lights, barricades and devices during all periods of his activity in order to promote the safe movement of traffic, including, but not limited to, periods of twilight, nighttime, fog and/or rain. All warning signs, barriers, barricades, flags and other devices shall comply with or exceed the standards required in the Vehicle Code.

(Ord. No. 14(1989), § 2(16.06.060—16.06.090), 6-27-89)

Whenever the provisions of this division require a permittee to perform any work, take any action or be liable for any fees or costs, such requirement also applies to any person who commences any work for which a permit is required by this division, whether such person obtains such a permit or not.

(Ord. No. 14(1989), § 2(16.06.100), 6-27-89)

(a) Work restrictions generally. The permittee shall investigate and be aware of all existing facilities lawfully within the highways which are within the limits of his activity. The permittee shall not interfere with any existing public or private facility without the consent of its owner. If it becomes necessary to relocate an existing facility, this shall be done by its owner or to the satisfaction of its owner.

(b) Costs of work borne by permittee; exceptions. The cost of locating, exposing, moving or relocating publicly and privately owned facilities shall be borne by the permittee unless he makes other arrangements with the owner of the facility or unless the owner is required by his franchise or agreement to relocate his facility without cost.

(c) Protection; repair of damages. The permittee shall support and protect all facilities by a method satisfactory to the owner. The owner has the right to support or protect any of its facilities at the sole expense of the permittee. In case any of the facilities should be damaged, and for this purpose, pipe coating or other encasement of devices should be considered as part of a structure, they may be repaired by the owner at the expense of the permittee or, if authorized by the owner, may be repaired by the permittee under the supervision of the owner. The expense of repairs to any damaged facilities shall be borne by the permittee.

(d) Underground facilities and excavations. Except in emergency work to protect the public and property, any permittee proposing to excavate in any highway shall make a search of available records of underground facilities and shall notify owners or operators known to have such facilities in the vicinity of the proposed excavation by telephone or other acceptable means of communications at least 48 hours prior to time of proposed excavation, exclusive of weekends or legal holidays. At such time as a one-call notification system is operational in the city, the permittee shall notify those owners or operators who are members of the system by notifying the system by telephone at least 48 hours prior to time of proposed excavation, exclusive of weekends or legal holidays. The permit shall not be valid until permittee receives a ticket number from the system acknowledging the notification, which number the permittee shall enter upon the face of the permit. Such notification is an additional method to be used in determining underground facilities, and does not relieve the permittee from the responsibility to ensure that the owners or operators of such facilities are notified. Any permittee shall likewise notify nonmembers of the system who are owners or operators of facilities in the vicinity of the proposed excavation. Any person receiving notice pursuant to this division shall, not less than one working day in advance of the proposed construction, unless otherwise agreed between such person and the permittee, inform the permittee of or field mark the location of any underground facility in the proposed area of excavation.

(e) Pipelines carrying hazardous substances; location. Any permittee, prior to making any excavation within the construction area where a pipeline known to carry a hazardous substance exists, shall not excavate until the pipeline has been located by potholing or other proven acceptable methods at intervals sufficient to determine its exact location. The permittee shall arrange with the owner to locate or expose private and public facilities. Abandoned or inoperative pipelines designed to carry hazardous substances shall be considered as carrying a hazardous substance until determined otherwise by the owner. In no case shall the intervals between potholes or the location by proven acceptable methods exceed the distances set forth as follows:

(1) Excavations for highway construction. The pipeline shall be located at intervals not greater than 25 feet for lines less than eight inches in diameter, 50 feet for lines of eight inches through 24 inches in diameter, and 200 feet for lines greater than 24 inches in diameter.

(2) Trench excavation. Trench excavation shall be as follows:

a. Longitudinal pipelines. All longitudinal pipelines in the construction area of the highway shall be located at intervals not greater than 500 feet. If determined to be within six feet of the excavation, it shall be further located at intervals not greater than 25 feet for lines less than eight inches in diameter, 50 feet for lines of eight inches through 24 inches in diameter, and 100 feet for lines greater than 24 inches in diameter.

b. Transverse pipelines. If the location of the pipeline is above or less than six inches below the facility being installed, it shall be carefully hand-tool exposed before excavating. If its location is six inches or more below the facility, it need only be located.

(f) Pipelines carrying hazardous substances; excavation restrictions. After it is determined that the horizontal or vertical clearance between the pipeline known to carry hazardous substances and the construction limits is less than 12 inches (18 inches if scarifying), the permittee shall confer with the owner. Unless the owner elects to relocate, abandon or take the pipeline out of service, the permittee shall not excavate until the pipeline has been completely hand-tool exposed within the limits of construction. Once the physical location of pipelines known to carry hazardous substances has been determined, as described in this subsection, the permittee doing the excavating, in cooperation with and with the concurrence of the owner, shall determine how to protect the pipeline from damage before proceeding with his work.

(g) Notice when unidentified utilities are located. Each permittee excavating in the highway shall notify the public agency maintaining records for the jurisdiction and the owner, if known, whenever previously unidentified or unknown utilities or underground facilities are encountered so that the location can be accurately established and made a part of the permanent substructure records.

(h) Moving contractors and utility facilities. No moving contractor, as defined in section 12.04.130, shall interfere in any manner whatsoever with any property of any public utility. When any load requiring a special permit is moved along or across any highway, and it is determined that the height, width or weight of the load exceeds the height, width or weight as stated in the permit, and property damage results therefrom, the director of public works is authorized to withhold any other moving permit from the violator until he produces evidence satisfactory to the director that each additional permit load complies with all dimensions and weights as shown upon the application and the load will not interfere with any public utility. The permittee violating this section may also be prosecuted under the provisions of sections 12.04.270 and 12.04.280.

(i) Liability for damage or injury. The permittee shall save harmless the city, its officers, agents, and employees of and from any and all liability or responsibility for any property damage or loss, or injury or death to any person arising out of or occurring as the proximate results of any of the work undertaken.

(Ord. No. 14(1989), § 2(16.06.110—16.06.190), 6-27-89)

(a) Upon completion of the permittee's activity, the director of public works, at his option, may require the permittee to restore that portion of the highway facilities damaged by the permittee's activity, or the director may elect to do such restoration himself.

(b) Where the pavement or surface has been removed, the permittee shall replace it to a thickness one inch greater than that of the surrounding pavement or surface, and in no event to a thickness less than two inches.

(c) The base removed shall be replaced to the same thickness as that of the surrounding base.

(d) When the street surface has been treated with a seal or slurry prior to the work under permit, the seal and/or slurry shall be replaced upon the portion repaired.

(e) When the structural section removed varies from or exceeds the average existing section, the director may elect to require the replacement of an equivalent section which would meet the average structural section requirements.

(f) In those instances where the permittee's excavation is within an area of highway to be reconstructed by the city and the resurfacing of the excavation is an integral part of the general city improvement, the director may waive such resurfacing.

(Ord. No. 14(1989), § 2(16.06.200), 6-27-89)

All persons shall obey and comply with every order, decision, direction or rule made or presented by the director of public works in the matters specified on the permit or by attachments, or by any other matter in any way relating to or affecting their use of the highway, and shall do everything necessary or proper to secure compliance therewith by all of its officers, agents and employees, except in the case of a public utility regulated by the state public utilities commission when such order, decision, direction or rule is contrary to or in conflict with any order, decision, direction or rule made or prescribed by the state public utilities commission applicable to such public utility.

(Ord. No. 14(1989), § 2(16.06.210), 6-27-89)

A person shall not obstruct the director of public works, or his duly authorized representative, in making any inspection authorized by this division or in taking any sample or in making any test.

(Ord. No. 14(1989), § 2(16.06.220), 6-27-89)

When paving, excavated material, barricades, lights or other devices are not properly placed or maintained; when the work started is not completed; when the work does not comply with the specifications or any special requirement; when the person fails or refuses to remove any obstruction; when any highway facility has been damaged and the person fails or refuses to repair or restore; then the director of public works with his own forces or otherwise may cause such to be placed, erected, completed, repaired, restored, removed and/or maintained. The person shall pay for any and all costs.

(Ord. No. 14(1989), § 2(16.06.230), 6-27-89)

The director of public works may restrict the use of, or close, any city highway whenever he considers such closing or restriction of use necessary:

(1) For the protection of the public;

(2) For the protection of such city highway from damage during storms or other natural disasters or an act of God; and

(3) During construction, improvement or maintenance operations thereon.

(Ord. No. 14(1989), § 2(16.06.240), 6-27-89)

Every person who performs any work regulated by this division, either without first obtaining a permit therefor from the director of public works or who, having a permit, fails or refuses to comply with any applicable provisions of this division or with any condition of the permit or who performs work contrary to any of the general or special requirements or specifications of the permit, is guilty of a misdemeanor.

(Ord. No. 14(1989), § 2(16.28.010), 6-27-89)

Anyone who violates any provision of this division is guilty of a misdemeanor, punishable as provided in section 1.04.010.

(Ord. No. 14(1989), § 2(16.28.020), 6-27-89)

(a) Form. Application for a permit shall be made in writing to the director of public works, on the forms provided by the director.

(b) Information required. An applicant for a permit shall state in his application his: name and address, such other information as is required by this division, and such other information as the director of public works may require.

(c) Liability statement required. On each application the applicant or his agent shall sign a statement that he agrees to preserve and save harmless the city, and each officer and employee thereof from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring as a proximate result of his activities pursuant to the permit applied for.

(d) Changes and additions authorized. The director may make such changes or additions in any application for a permit as in his opinion are necessary for the protection of the highways, for the prevention of undue interference with traffic, for the safety of persons using such highways, as to the route over which to move any over height, width, length or weight load; as to the location, depth, dimensions, character and number of excavations; as to encroachments made or placed; and as to other permits issued pursuant to this division.

(Ord. No. 14(1989), § 2(16.08.010—16.08.040), 6-27-89)

The director of public works may establish additional requirements for the work to be done under the permit, including equipment to be used, type of backfill, compaction, paving, traffic regulations, hours of work, flagmen, lights, inspection, and other similar requirements. He also may require whatever advance notice he deems proper for requests for inspection. The director may add these requirements and conditions by rubber stamp or attachments to the permit, or both, and they shall be an integral part thereof. If any of the requirements of the permit are violated, the director may revoke the permit and require that a new permit be secured before further work is done.

(Ord. No. 14(1989), § 2(16.08.050), 6-27-89)

The director of public works may require the permittee to make proper arrangements for and bear the cost of the relocation of any structure, publicly owned facility, tree or shrub where such relocation is made necessary by the proposed work for which a permit is issued. The director may elect to do the necessary relocation at the permittee's expense.

(Ord. No. 14(1989), § 2(16.08.060), 6-27-89)

The director of public works may require that evidence be submitted with the application to satisfy him that the proposed overhead structure or encroachment will not, insofar as he can foresee, create a hazard of any kind.

(Ord. No. 14(1989), § 2(16.08.070), 6-27-89)

If the applicant complies with every applicable provision of this division and all applicable provisions of all other ordinances and statutes, the director of public works may issue to the applicant a written permit to perform the work set forth in the application. The director may refuse to issue a permit if he finds that it is not in the best interest of the general public to do so.

(Ord. No. 14(1989), § 2(16.08.080), 6-27-89)

Blanket permits, renewable annually, may be issued subject to compliance with all applicable provisions of this division. The director of public works may revoke any such blanket permit if the permittee fails to comply with any of the provisions of this division. The issuance of a blanket permit does not relieve the permittee from making such reports of activity under the blanket permit as may be required by the director and for paying for inspection, repairs and other costs incurred by the director due to the permittee's activity.

(Ord. No. 14(1989), § 2(16.08.090), 6-27-89)

Permits issued under the authority of this division are nontransferable.

(Ord. No. 14(1989), § 2(16.08.100), 6-27-89)

Each permit shall specify the time the permit shall become null and void, and the permit shall become null and void on the date so specified unless the director of public works extends the time. The director may extend the time if, in his opinion, the work for which the permit was issued was delayed in completion because of inclement weather, strikes, an act of God, or other causes not within the control of the permittee.

(Ord. No. 14(1989), § 2(16.08.110), 6-27-89)

The director of public works may refuse to issue permits or may revoke any outstanding permits heretofore or hereafter issued, or any portion thereof, when the work has not been started, when the work authorized by the permits or such portions thereof is included in the proposed work to be done by any proposed assessment district for which proceedings have been instituted by the city council.

(Ord. No. 14(1989), § 2(16.08.120), 6-27-89)

The director of public works, or his representative, for cause, may cancel the privilege granted by the permit and may remove the permit from the job location. If removed or cancelled by other means by anyone other than the director, it shall be delivered to the office of the director within 24 hours, accompanied by a written report regarding the incident.

(Ord. No. 14(1989), § 2(16.08.130), 6-27-89)

Footnotes:

--- (4) ---

Cross reference— Revenue and finance, tit. 3.

(a) Required. All persons, except as otherwise specified in this division, shall pay an issuance fee and all other costs and charges as established for the work covered in this division.

(b) Established by council order. The issuance fee shall be established by order of the city council. The fee shall not exceed the amount determined by the city council to be sufficient to defray the cost of handling by the city.

(c) Agencies exempt from payment. The following shall be exempt from paying the issuance fee: the United States, this state, all county departments, any municipal corporation, any school district, and any special district organized under state law.

(d) Exemption for county or city public works. The director of public works may grant a permit without issuance fee if he finds that the work to be done has been requested by the county or this city in connection with proposed public works.

(Ord. No. 14(1989), § 2(16.10.010—16.10.050), 6-27-89)

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

(Ord. No. 14(1989), § 2(16.10.030), 6-27-89)

If the director of public works determines that the waiver of any part of the fees is necessary to promote the safety and public welfare, he may in specific instances waive all fees and deposits.

(Ord. No. 14(1989), § 2(16.10.060), 6-27-89)

The city council may establish unit fees for inspection, transportation, tests, or any other costs incurred by the director of public works due to the permittee's activity.

(Ord. No. 14(1989), § 2(16.10.090), 6-27-89)

The permittee is liable for and shall pay for all the director of public works' costs related to the permit, including, but not restricted to the following:

(1) The permit issuance fee if that has not otherwise been paid;

(2) Engineering, which includes design, inspection, survey and tests;

(3) The cost of any inspection, transportation, or test made;

(4) The cost of repairing or restoring the highways and all appurtenant facilities to the same or equal condition that they were in before being cut or damaged as a result of the permittee's activities;

(5) The cost of furnishing and/or maintaining any lights, barricades or warning devices;

(6) The cost of alteration, removal, replacement and/or repair to traffic signals and devices, the removal of temporary and/or permanent traffic stripes, and any other expense for traffic control;

(7) The cost of removing or remedying any hazardous condition;

(8) The cost of tree trimming; and

(9) Any other cost to the city caused by the permittee's activity.

(Ord. No. 14(1989), § 2(16.10.100), 6-27-89)

The director of public works may issue a permit without any inspection fee or deposit for work which will be inspected by a qualified governmental agency which will furnish evidence to the effect that the work will be inspected and will comply with minimum standards required by the city.

(Ord. No. 14(1989), § 2(16.10.110), 6-27-89)

If an applicant receives a permit pursuant to the provisions of section 12.04.660 and the governmental agency fails to make the inspection or fails to file evidence as required, the director of public works may inspect the work and the permittee shall pay the actual cost of such inspection to the director.

(Ord. No. 14(1989), § 2(16.10.120), 6-27-89)

Whenever in the provisions of this division any costs are to be charged to any permittee and no other method for the calculation of such costs is specified, such costs are the actual costs, including overhead and depreciation, in accordance with current practice in charging for work performed for the public.

(Ord. No. 14(1989), § 2(16.10.130), 6-27-89)

In order to promote the welfare, well-being and safety of the public traveling along or across any highway, the director of public works may do any work within the highways of whatever nature is required in his opinion to reestablish conditions as they existed prior to commencement of work done by any person within the highways and for which a permit has been obtained. The director shall charge the cost of this rehabilitation to the person doing the unauthorized work.

(Ord. No. 14(1989), § 2(16.10.140), 6-27-89)

(a) The director of public works' costs of repairing and restoring the highway surface may be charged to a permittee on the square-foot-thickness method or an actual-cost basis.

(b) Under the square-foot-thickness method, the charge shall be computed as follows: The square feet of surface repaired, multiplied by the number of inches of depth plus one inch, multiplied by the rate set by order of the city council.

(Ord. No. 14(1989), § 2(16.10.150), 6-27-89)

Whenever a permittee fails to comply with the conditions established for the exercise of a privilege granted under a permit, the director of public works may revoke the privilege. Upon such revocation, the permittee shall immediately restore the highway to the director's satisfaction. If the permittee fails to do so, the director may restore the highway at the expense of the permittee or charge the permittee a fee in accordance with a fee schedule adopted by the council.

(Ord. No. 14(1989), § 2(16.10.160), 6-27-89)

Footnotes:

--- (5) ---

Cross reference— Revenue and finance, tit. 3.

(a) Every applicant for a permit, unless exempt by law, other than the United States, this state, departments of the county, municipalities, and special districts, shall be required to provide a cash deposit or other adequate security, as determined by the director of public works, to guarantee payment of charges due under this division. The amount of the deposit or security shall be sufficient to recover all costs of any nature which the director estimates he will incur if the permittee does not fulfill his permit requirements.

(b) A cash deposit or other adequate security is not required in the case of construction under contract with the city where a faithful performance bond is posted or other surety is deposited and assigned to the city which guarantees to the city the repair of the highway, including construction financed in whole or in part by special assessments.

(Ord. No. 14(1989), § 2(16.12.010), 6-27-89)

A cash deposit may be in the form of a special deposit for each permit, or in the form of a general deposit to be maintained as security for all the permits issued to an applicant. If an applicant maintains a general cash deposit, it shall be with the understanding that he will pay all bills sent him by the director of public works for work covered by this division.

(Ord. No. 14(1989), § 2(16.12.020), 6-27-89)

In lieu of a general cash deposit, the director of public works may accept from an applicant other types of security as specified in this section:

(1) Surety bond. The director may accept a surety bond in a sum of not less than $1,000.00 on a form supplied by the director and executed by a corporation incorporated for the purpose of making, guaranteeing or becoming a surety upon bonds complying with Code of Civil Procedure § 1056. It shall guarantee the payment of all fees and other charges required by this division which may become due because of any permits issued during the life of the surety bond.

(2) Savings and loan association shares. The director may accept the assignment of savings and loan certificates or shares subject to Code of Civil Procedure § 995.710.

(3) Insurance. As security on moving permits only, the director may accept a certificate of insurance and endorsement on the standard forms provided by the director. Such certificate and endorsement shall show that an insurance policy of not less than $10,000.00 has been issued to the applicant and is in full force and effect, and in which policy the insurer directly agrees to reimburse the city for all sums due it from the permittee for damage to highway facilities.

(4) Additional securities. The director may require any type of security that has, in his opinion, become insufficient for protection of the public interest to be increased to such an amount as he has determined will be sufficient to protect the public interest. He may require special deposits or other security.

(Ord. No. 14(1989), § 2(16.12.030), 6-27-89)

The director of public works may accept negotiable paper in payment of any permit fee, including engineering and inspection fees, deposit or other payment required by this division, as provided in Code of Civil Procedure § 995.710.

(Ord. No. 14(1989), § 2(16.12.040), 6-27-89)

The director of public works shall bill the permittee or deduct from the deposit made or maintained by the permittee for all fees and costs chargeable under this division.

(Ord. No. 14(1989), § 2(16.14.010), 6-27-89)

If, within 30 days after a bill has been sent, the permittee does not pay the bill in full, such amount may be deducted from his general deposit, or the director of public works may recover the amount due from any security the permittee has filed under subdivision IV of this division. If the deposit or security is insufficient to pay the amount due, the city may enforce collection by legal means.

(Ord. No. 14(1989), § 2(16.14.020), 6-27-89)

At the request of a permittee who maintains with the director of public works adequate security, as provided in subdivision IV of this division, and to whom ten or more permits have been issued monthly for three consecutive months, the director may waive the requirement covering prepayment of the issuance fees, and bill the permittee for issuance fees covering permits issued subsequent to such request. The director may revoke such waiver at any time.

(Ord. No. 14(1989), § 2(16.14.030), 6-27-89)

If at any time subsequent to the first repair of a surface of a highway damaged or destroyed by any excavation, encroachment or moving operation in such highway it becomes necessary again to repair such surface due to settlement or any other cause directly attributable to such excavation, encroachment or moving operation, the permittee shall pay to the director of public works the cost of such additional repair; provided, however, that the director shall have the option of either making the repair or requiring the permittee to make the repair.

(Ord. No. 14(1989), § 2(16.14.040), 6-27-89)

The director of public works may elect not to issue further permits to the permittee and may hold any deposits, guarantees, or bonds of the permittee as long as any bill remains unpaid.

(Ord. No. 14(1989), § 2(16.14.050), 6-27-89)

(a) Remainder of deposits. The remainder of any deposit, if there is any remainder, shall be refunded to the person making such deposit, or to his assigns.

(b) Permit issuance fees. An issuance fee may be refunded when a permit has been issued as the result of an error not made by the permittee.

(c) Driveway inspection or other unit fees. The fee deposited for driveway inspection or any other unit fee established may be refunded if it was erroneously collected or if the work was not constructed by the permittee.

(Ord. No. 14(1989), § 2(16.14.060—16.14.080), 6-27-89)

The provisions of this subdivision apply to permits for the laying, constructing, reconstructing or repairing of curbs, sidewalks, gutters, driveways, highway surfaces, retaining walls, storm drains, culverts, highway lights or lighting system, or other appurtenant structures.

(Ord. No. 14(1989), § 2(16.16.010), 6-27-89)

If, in the opinion of the director of public works, the work proposed to be done requires the making of plans or the setting of stakes, or both, the director may require the application be accompanied by the necessary plans, which plans shall be prepared by a competent engineer.

(Ord. No. 14(1989), § 2(16.16.020), 6-27-89)

Before a permittee performs any work covered by this chapter he shall obtain from the director of public works the approved lines and grades therefor.

(Ord. No. 14(1989), § 2(16.16.030), 6-27-89)

(a) Concrete construction required when. Driveway approaches shall be constructed of cement concrete where a cement concrete curb exists.

(b) Location restrictions. A driveway approach shall not be constructed or maintained where fences, buildings, natural grade or any other obstacle will prevent a vehicle from being stored entirely off the public right-of-way after entering such driveway approach.

(c) Width specifications. The width of an individual driveway approach shall be considered as being the net width thereof, exclusive of side slopes and returns, measured along the line of the curb or centerline of the highway approaches. The width of an individual driveway approach shall be not less than ten feet and shall not exceed in width:

(1) Twenty feet if the driveway approach serves only residences or apartments;

(2) Twenty feet for lots or parcels of land less than 100 feet wide; and

(3) Thirty feet or 20 percent of the front frontage of the lot or parcel of land, whichever is greater, but not to exceed 60 feet, when the driveway approach serves other than residences or apartments on a lot or parcel of land not less than 100 feet wide.

(d) Aggregate width limitations. The aggregate width of the total number of driveway approaches serving any single lot or parcel of land from any one highway approaches shall not exceed:

(1) Forty percent of the frontage, if the driveway serves only residences or apartments;

(2) Sixty percent of the frontage in other cases.

(e) Minimum intervening distance. The minimum intervening distance between the side slopes or returns of adjacent driveway approaches serving the same lot or parcel shall be 22 feet. In the case of adjacent driveway approaches serving two adjoining lots or parcels, the intervening distance between the side slopes or returns shall be at least one foot; otherwise, a common or continuous driveway approach will be required.

(f) Prohibited in certain locations. A driveway approach, including the side slopes, shall not be constructed:

(1) Between the prolonged intersecting property lines of any highways; or

(2) Between the points of curvature of any curb return having a radius of 20 feet or less.

In applying the provisions of this subsection, the condition producing the greater length of curb between the specified control points in the particular case shall govern.

(g) In curb return curvature; limitations. A driveway approach, including the side slopes, shall not be constructed between the points of curvature of any curb return except:

(1) In the case of a curb return having a radius of 25 feet or more, driveway approaches may encroach at each end thereof for a distance not greater than one-eighth of the total arc length of return, leaving in the clear at least three-quarters of such arc length, if such encroachment does not conflict with other requirements of this section.

(2) In the case of a curb return having a radius of less than 25 feet but more than 20 feet, the maximum permissible encroachment at each end of the return, subject to other requirements of this section, shall be that proportion of one-eighth of the total arc length that the difference between the length of the radius and 20 feet bears to five.

Notwithstanding any of the foregoing provisions, a driveway approach shall not encroach on any curb return beyond or ahead of any traffic-regulating device located on or adjacent thereto.

(h) Deviation from requirements authorized when. Where topographical or traffic conditions are such that a modification of the provisions of this section are necessary for the promotion of traffic safety, and the director of public works so finds, he may permit a deviation from the provisions of such sections to the extent which he finds necessary.

(Ord. No. 14(1989), § 2(16.16.040—16.16.110), 6-27-89)

If the director of public works, by survey or by inspection or by both, ascertains that the work has been completed according to the requirements of the permit issued therefor, and of all the provisions of this division, he shall issue, if requested so to do by the permittee, a certificate of acceptance which shall contain a statement of the location, nature, and extent of the work performed under the permit.

(Ord. No. 14(1989), § 2(16.16.120), 6-27-89)

(a) Investigation before dedication to city. If any person offers to dedicate as a highway any land upon which any highway light or highway lighting system has been installed, the clerk of the city council, before presenting such offer to the city council, shall refer such offer to the director of public works for investigation and report as to whether such highway light or highway lighting system conforms with the requirements of this division and with the standard specifications.

(b) Report of investigation; conditions for acceptance by city. Upon reference to him, the director of public works shall make an adequate investigation of such highway light or highway lighting system, and the construction and installation thereof, and shall report, in writing, to the city council advising it as to whether or not such highway light or highway lighting system so complies, and if not, what changes or alterations are necessary so that such light or system will conform. If such light or system does not conform, the city council shall not accept such offer of dedication unless and until such light or system shall have first been made to conform to the provisions of this division and to the specifications.

(Ord. No. 14(1989), § 2(16.16.130, 16.16.140), 6-27-89)

If any stakes set for any work covered by this subdivision are disturbed or destroyed by cause directly attributable to the permittee's delay in making use of the stakes, the director of public works shall set the additional stakes and shall charge the cost thereof to the permittee.

(Ord. No. 14(1989), § 2(16.16.150), 6-27-89)

The provisions of this subdivision apply to permits for the making, or causing to be made, in any highway, of excavations, and for the placing, constructing, testing, repairing, changing, monitoring, removing or abandoning of facilities or encroachments. The provisions of this subdivision also apply to written emergency plans for owners or operators of pipelines used to convey toxic, corrosive or flammable liquids, and mandatory membership in a one-call notification system.

(Ord. No. 14(1989), § 2(16.18.010), 6-27-89)

When a one-call notification system is operational in the city, no person shall maintain and operate a pipeline designed to carry hazardous substances below the surface of a highway unless the person is a member of the system. Such person shall provide to the director of public works such proof as required that such person is a member of the system in the city. For the purpose of this section, electrical facilities shall not be considered hazardous.

(Ord. No. 14(1989), § 2(16.18.020), 6-27-89)

Each applicant for an excavation or encroachment permit shall file with the application a plat in quintuplicate showing the highways in which the proposed excavation, facility or encroachment will be placed, together with the exact location and dimensions of the proposed excavations, or the specifications and characteristics of the facility or encroachment, together with any other details which the director of public works requires. When excavations are made for service connections or for the location of trouble in conduits, cable or pipe, or for making repairs thereto, the director may waive the filing of a plat. Approved plats shall become public records.

(Ord. No. 14(1989), § 2(16.18.030), 6-27-89)

Except as provided in section 12.04.1450, the following minimum depths of cover below existing, finished or proposed gutter grade shall be required for all underground pipelines within the roadway area:

(1) Local streets. Minimum depths for local streets are as follows:

a. Twenty-four inches for service pipelines;

b. Thirty inches for all pipelines transporting nonhazardous substances;

c. Thirty inches for electrical facilities; and

d. Forty-two inches for all pipelines transporting hazardous substances.

(2) Arterial and collector streets. Minimum depths for arterial and collector streets are as follows:

a. Twenty-four inches for service pipelines;

b. Thirty-six inches for pipelines transporting nonhazardous substances;

c. Forty-two inches for electrical facilities; and

d. Forty-two inches for pipelines transporting hazardous substances.

(Ord. No. 14(1989), § 2(16.18.040), 6-27-89)

A minimum depth of cover of 18 inches below existing or proposed edge of gutter grade shall be permitted for cable TV and telephone conduits designed pursuant to special requirements of the director of public works, and to be placed in existing roadways as follows:

(1) Mainline cable conduit in a four- to five-inch-wide trench located adjacent to the concrete gutter, three from the edge of curb if no gutter exists; and

(2) Service cable conduits crossing the roadway from the mainline to serve users on the opposite side of local streets when installed by an acceptable boring method.

(Ord. No. 14(1989), § 2(16.18.041), 6-27-89)

(a) After initial installation under this division of any pipeline used or to be used to carry toxic, corrosive or flammable liquids, such pipeline shall be subject to a hydrostatic pressure test as provided in this section before it is placed in operation. The duration of the hydrostatic test for this purpose shall not be less than 24 hours.

(b) After repair or replacement of any pipeline used or to be used to carry toxic, corrosive or flammable liquids, made necessary to repair leaks or breaks, or replacements made necessary for changes required by improvements within the roadway, the affected portion of the pipeline shall be subjected to a hydrostatic pressure test, as provided in this section before placing it in operation. The duration of the hydrostatic test for this purpose shall be not less than 24 hours. However, no such test is required for a minor repair which does not require removal of the pipeline from operation. If the affected section is isolated and tested hydrostatically, pressure test of the tie-in welds is not required; however, tie-in welds shall be examined by radiographic means.

(c) No pipeline subject to this division used or to be used to carry toxic, corrosive or flammable liquids and over ten years of age shall be operated beyond the successive ensuing 12-month period of time unless retested annually by a hydrostatic pressure test or other test means acceptable to the director of public works. The duration of the periodic test for this purpose shall not be less than four hours.

(d) Each pressure test, either initial or retest, shall be in accordance with the American National Standard Institute's Code for Pressure Piping, Liquid Petroleum Transportation Piping Systems (ANSI B 31.4) in its latest revision. The director may authorize the use of a liquid petroleum that does not vaporize rapidly (i.e., flashpoint over 150 degrees Fahrenheit or 66 degrees Celsius) as a test medium. Pressure tests after initial installation of pipelines and before they are placed in operation shall show no unexplained loss. Annual or retest pressure tests shall not show an hourly loss, for each section of the pipeline under test at the time, in excess of either ten gallons, or the sum of one gallon and an amount computed at a rate in gallons per mile equivalent to one-tenth of the nominal internal diameter of the pipe.

(e) The director may grant administrative waiver or other relief to an owner or operator under this division as to the periodic pressure testing of any pipelines as provided in this section if the owner or operator can demonstrate that such testing will cause the unreasonable unscheduled shutdown of plants, terminals, refineries or other facilities of which such pipelines constitute an integral part.

(f) In addition to the requirements of subsections (a)—(d) of this section, any pipeline authorized by this division and subject to pressure testing shall be subjected to a pressure test by the owner or operator at any time as may be required by the director in the interest of public safety.

(g) Within 30 days after completion of any test made pursuant to the provisions of this division, the owner or operator shall submit a certified report of such text for the director'sreview. The report shall show the date of test, description of portion of pipeline tested, identified with respect to city highways, and the test data. The report shall be sufficient in detail to permit analysis of test results and determination of compliance with the applicable provisions of the ordinance codified in this division or any other applicable ordinance, rule or regulation. The report shall also contain any other test information as may be specifically requested by the director.

(Ord. No. 14(1989), § 2(16.18.050), 6-27-89)

Block valves shall be installed on each new main at locations along the pipeline system that will minimize damage from accidental product discharge. The location shall be appropriate for the terrain and the population density of the area.

(Ord. No. 14(1989), § 2(16.18.060), 6-27-89)

(a) Cathodic protection system required; specifications. As provided in the American National Standard Institute's Code for Pressure Piping, Liquid Petroleum Transportation Piping Systems (ANSI B 31.4) in its latest revision, a cathodic protection system shall be installed for all new ferrous pipelines used to carry toxic, corrosive or flammable substances other than utility gases in order to mitigate corrosion deterioration that might result in structural failure. The cathodic protection system for all new ferrous pipelines carrying utility gases shall be installed in accordance with General Order No. 112-C of the state public utilities commission. A test procedure shall be developed by the owner or operator to determine whether adequate cathodic protection has been achieved and submitted to the director of public works for approval. Reports of cathodic protection evaluation in accordance with such approved procedure shall be made available annually for review by the director.

(b) Emergency plan requirements. Each owner or operator of a pipeline used or to be used to convey toxic, corrosive or flammable liquids shall have a written emergency plan approved and on file with the county fire department. The plan shall be in accordance with the American National Standard Institute's Code for Pressure Piping, Liquid Petroleum Transportation Piping Systems (ANSI B 31.4) in its latest revision. The plan shall include but not be limited to the following elements:

(1) A liaison element for intercommunications between public agencies and pipeline owners or operators to provide for prompt coordinated remedial action, and the dissemination of information as to the location and ownership identification of pipelines based on the best available records and plans;

(2) A spill contingency element to limit the extent of accidental product discharge by which pipeline owners or operators shall involve themselves in a cooperative pipeline leak notification emergency action system;

(3) A leak detection element by which the pipeline owners or operators can monitor the flow of their product and can divert, reduce or stop the flow of such product at the first indication of a product leak; and

(4) A first-on-the-scene emergency containment element, in cooperation with other pipeline owners or operators, to be utilized until arrival of the affected pipeline owner's or operator's personnel. First-on-the-scene costs shall be borne by the owner or operator of the facility, and shall be reimbursed to the organization effecting the emergency containment.

(Ord. No. 14(1989), § 2(16.18.070, 16.18.080), 6-27-89)

(a) Restoration of area required. Immediately upon completion of the work necessitating the excavation, facility or encroachment permitted by any permit issued, the permittee shall promptly and in a workmanlike manner restore the area affected by his activity to a condition satisfactory to the director of public works.

(b) Method of refilling excavations. A permittee shall refill an excavation in a manner which is satisfactory to the director and is most effective to accomplish thorough consolidation and enable the highway to be restored to a condition equivalent to that in which it was prior to the excavation.

(c) Notice to director; as-built plat required. Upon completion of the refilling of the excavation, or completion of the cut or fill, the permittee shall so notify the director in writing on a form prescribed by the director. Whenever a plat was required by section 12.04.1430 and there were substantial deviations approved during the work from the dimensions or locations as shown on the plat, the permittee shall transmit to the director a concise as-built plat upon completion of his work, showing the accurate location, depth and size of the facility or encroachment so laid, removed or abandoned.

(Ord. No. 14(1989), § 2(16.18.090—16.18.110), 6-27-89)

Every application shall contain a statement, signed by the applicant, that if any facility or encroachment placed in the excavation or the facility or encroachment for which a permit is issued interferes with the future use of the highway by the general public, then the applicant and his successors or assigns will at his own expense remove or relocate such facility or encroachment to a location satisfactory to the director of public works. The statement signed by the applicant will not apply in cases when the applicant has an easement superior to the highway easement at the time of application and can furnish evidence when required of such superior easement.

(Ord. No. 14(1989), § 2(16.18.120), 6-27-89)

Nothing in this division prohibits any person from maintaining by virtue of any law, ordinance or permit, any facility or encroachment in any highway, or from making such excavation as may be necessary for the preservation of life or property if the person making such excavation applies for a permit not later than the next business day.

(Ord. No. 14(1989), § 2(16.18.130), 6-27-89)

The director of public works shall require all lines for the transmission and distribution of standard television or audio signals to be placed underground in highways when all power and telephone lines are underground, and shall also require underground installation in all instances except where the applicant provides satisfactory proof of permission to use existing pole lines or where the director finds that the remoteness of the area or other conditions render underground installation impractical or infeasible.

(Ord. No. 14(1989), § 2(16.18.140), 6-27-89)

The director of public works may establish such requirements as he may find necessary to apply to the work to be done by any person in order to prevent interference with users of the highway and with holders of other permits.

(Ord. No. 14(1989), § 2(16.18.150), 6-27-89)

(a) Each applicant for a permit to abandon in place or remove any facility or encroachment in the highway shall do so under terms and conditions prescribed by the director of public works. The permit application shall include a plat or other suitable means describing the facility or encroachment to be abandoned or removed, and indicating its exact location. Permission to abandon a facility or encroachment without removing shall be subject to removal within one year after the effective date of the abandonment if the facility or encroachment may interfere with a present or future public improvement. If it is determined that the facility or encroachment should be removed, the permittee or its successor in interest shall remove it at its expense or pay the city for the cost of such removal. Permittee shall leave any abandoned facility or encroachment in a safe condition.

(b) In addition to the provisions of subsection (a) of this section, abandonment in place of a pipeline used to convey toxic, corrosive or flammable liquids will be subject to the following requirements:

(1) The pipeline shall be thoroughly purged of liquids and vapors and filled with an inert material that will remain in a solid or semisolid state if any portion of the pipeline is cut or removed in the future.

(2) The permittee shall file a certificate with the director that the requirements have been complied with and the abandoned pipeline has been left in a safe condition.

(Ord. No. 14(1989), § 2(16.18.160), 6-27-89)

The director of public works may grant a permit to drill a hole not exceeding four inches in diameter in a public sidewalk or in that portion of a public highway not used for vehicular traffic for the purpose of inserting a flagpole therein upon which the flag of the United States, the flag of the state, the flag of the county or the flag of the city is displayed.

(Ord. No. 14(1989), § 2(16.20.010), 6-27-89)

Except when such hole is being used to support the flagpole of the flag of the United States, state, county or the flag of the city, the permittee or his successor or assign shall plug such hole with wood, metal, plastic or concrete plug, which shall be so constructed as to completely cover such hole level with the surrounding surface, or shall refill such hole and restore the highway to a condition equivalent to that in which it was prior to the excavation.

(Ord. No. 14(1989), § 2(16.20.020), 6-27-89)

The provisions of this subdivision apply to the use of the highway by a vehicle or load, or to any combination.

(Ord. No. 14(1989), § 2(16.22.010), 6-27-89)

(a) Relocation permit required for certain buildings. In all cases where the building code requires the owner of any premises to which it is proposed to move any building or structure to obtain a relocation permit, the director of public works shall not grant a permit to move such building or structure until the applicant furnishes to the director evidence that such owner has such relocation permit.

(b) Issuance conditions for overweight loads. The director shall not issue a permit to move any load when the weight of load, plus the weight of the vehicle or other equipment, exceeds the weight permitted by the Vehicle Code, except that if it appears to the director that the size, shape or physical characteristics of the load, or portion thereof, to be moved make it impossible or impracticable to keep within such weight limits, the director may issue a permit to move a load on a vehicle every wheel of which is equipped with pneumatic tires where the director has determined that such movement will not cause injury to the highways, bridges, and appurtenances installed therein or thereunder.

(c) Director's authority to issue and set conditions. The director is authorized to issue or withhold the permit at his discretion; or, if the permit is issued, to limit the number of trips, or to establish seasonal or other time limitations within which the vehicle described may be operated on the highways indicated, or otherwise to limit or prescribe conditions of operation of the vehicle when necessary to ensure against undue interference with traffic or damage to the road foundations, surfaces or structures, and may require the undertaking of other security measures as may be deemed necessary to protect the highways and bridges from injury, or to provide indemnity for any injury resulting from the operation of the vehicle.

(d) Copy of permit required on each part of shipment. If a building or structure is moved in more than one section, and more than one of such sections is moved at the same time, the moving contractor shall affix and maintain at all times in conspicuous places on each section on which the original permit is not affixed, true copies of such permit.

(Ord. No. 14(1989), § 2(16.22.020—16.22.040, 16.22.070), 6-27-89)

Any person lawfully operating or maintaining overhead facilities across any highway in the city who desires information pertaining to any moving permits issued for the moving of a building of 18 feet or more feet in height shall file a written request with the director. The director shall make such information available to the requesting person. The director shall not allow the moving of a building for a period of 48 hours after the filing of a permit application in order to allow such person time to inspect the route the permittee intends to take. If the permittee needs to make any change in the route set forth on the permit, the permit shall be void until the moving contractor has obtained an approved change in the route.

(Ord. No. 14(1989), § 2(16.22.050), 6-27-89)

When so required by the director of public works, a moving contractor shall place under each dolly or wheel used in moving a building or structure, or under each wheel of a vehicle, boards or planks of adequate width and strength to carry the load without being broken, to serve as a runway for such dolly or wheel during such moving along or across any portion of any highway which has a surface other than natural soil. The moving contractor shall prevent such dolly or wheel from ever revolving on or resting on such surface except upon such board, plank or runway.

(Ord. No. 14(1989), § 2(16.22.060), 6-27-89)

The director of public works may require that the moving of any load or vehicle be under the supervision of an inspector to be appointed by the director.

(Ord. No. 14(1989), § 2(16.22.080), 6-27-89)

Footnotes:

--- (6) ---

Cross reference— Peddlers and solicitors, § 5.92.010 et seq.; pornography and obscene matter, § 9.08.110 et seq.

(a) Required. No person, whether as a principal or agent, clerk or employee, either for himself or any other person, or as an officer of any corporation, or otherwise, shall place or maintain a newsrack on or projecting onto a highway unless and until a newsrack permit has been obtained from the director of public works.

(b) Application and issuance; only one permit required. Upon proper application on forms provided by the director, which may require any of the information described in subsections 12.04.410(a), (b) and (c), the director shall issue the applicant a newsrack permit. Notwithstanding any other provision of this division, the director may not refuse to issue a newsrack permit properly applied for. One permit shall permit the placement and maintenance of any number of newsracks on the highway in accordance with the provisions of this subdivision.

(c) No fee required. No fee shall be required for the issuance of a newsrack permit.

(d) Renewable annually. A newsrack permit shall be renewable annually.

(Ord. No. 14(1989), § 2(16.24.010—16.24.040), 6-27-89)

Every newsrack permittee shall permanently affix to each newsrack placed or maintained on or projecting over any portion of the highway:

(1) The permittee's name, address, and phone number as required by Business and Professions Code § 17570; and

(2) The permittee's permit number.

(Ord. No. 14(1989), § 2(16.24.050), 6-27-89)

(a) Prohibited where vehicles are permitted. No person shall place or maintain any newsrack on any portion of, or projecting onto, into or over any portion of the highway on which vehicles are lawfully permitted.

(b) Placement, maintenance and use. No newsrack shall be placed, installed, used or maintained in the following locations:

(1) Within three feet of any marked crosswalk;

(2) Within 15 feet of the curb return of any unmarked crosswalk;

(3) Within three feet of any fire hydrant, fire callbox, police callbox, or other emergency facility;

(4) Within three feet of any driveway approach;

(5) Within three feet ahead of, and 15 feet to the rear of any sign or pavement markings marking a designated bus stop, measured parallel to the flow of traffic;

(6) Within three feet of any bus bench;

(7) At any location where the newsrack causes, creates or constitutes a traffic hazard;

(8) At any location where the newsrack unreasonably obstructs or interferes with access to, or the use and enjoyment of abutting property;

(9) Where the newsrack will endanger persons or property;

(10) Where the newsrack will unreasonably interfere with or obstruct the flow of pedestrian or vehicular traffic on the highway; and

(11) At any location whereby the clear space for the passage of pedestrians is reduced to less than three feet.

The provisions of subsection 12.04.410(d) are hereby made specifically applicable to subsections (7) through (11) of this section.

(Ord. No. 14(1989), § 2(16.24.060, 16.24.070), 6-27-89)

Publications offered for sale from newsracks placed or maintained on or projecting over the highway shall not be displayed or exhibited in a manner which exposes to public view from the highway any material which is obscene under state law.

(Ord. No. 14(1989), § 2(16.24.080), 6-27-89)

(a) No person shall knowingly display or cause to be displayed, in any public place where minors are not excluded, any harmful matter as defined in Penal Code § 313 unless such matter is displayed in newsracks equipped with devices commonly known as blinder racks affixed in such a manner that the lower two-thirds of the matter is not exposed to view.

(b) This section shall not apply to newsracks that are placed or projected upon public highways and which are subject to the provisions of section 12.04.2240.

(Ord. No. 14(1989), § 2(16.24.085), 6-27-89)

State Law reference— Authority, Penal Code § 313.1(d).

(a) The sheriff or the director of public works or their designates:

(1) May immediately correct any violation of section 12.04.2230(b), and shall do so without impounding if such correction can be accomplished simply, easily, quickly and without expense.

(2) May, notwithstanding any other provisions of this division, immediately remove and impound any newsrack in violation of this subdivision if the violation is creating a dangerous or hazardous condition which cannot be corrected simply, easily, quickly and without expense. Notice of such action and the right to request a hearing in accordance with this subdivision shall be mailed to the permittee or person, if known, maintaining such newsrack, within five working days after such action.

(3) May notify the permittee or person, if known, maintaining a newsrack found in violation of this chapter, either in person, by telephone or by mail, in their discretion, and/or by affixing a notice to the newsrack, that unless the violation is corrected or a hearing requested, within two working days if the notice is in person or by telephone, within five working days if the notice is by mail, or within seven working days if the notice is by affixing a notice to the newsrack, of the date of the notice, the newsrack will be impounded.

(4) May impound any newsrack in accordance with the decision of any hearing requested pursuant to this subdivision.

(b) If a hearing on the impounding of the newsrack is not timely requested or if the newsrack is not returned in accordance with the provisions of this subdivision, the sheriff or the director or their designates may sell or otherwise dispose of the newsrack, and its contents, and deposit the proceeds, if any, from any such sale or other disposition, and any moneys contained in the newsrack, in the city treasury, in the case of impounding by the sheriff, or in the road fund, in the case of impounding by the director.

(Ord. No. 14(1989), § 2(16.24.100), 6-27-89)

(a) Unless the newsrack and its contents are being held as evidence in a criminal prosecution, the permittee or if there is no known permittee a claimant who provides sufficient proof of ownership of an impounded newsrack may, at any time up to and including the 30th day after the impounding, and if a hearing pursuant to this subdivision is held concerning the newsrack, may, at any time up to and including the 30th day after the decision at such hearing becomes final, obtain a return of the newsrack and its contents, upon paying an impound fee of $25.00, plus the reasonable additional cost, if any, of impounding the newsrack in excess of $25.00.

(b) The director of public works or his designate may, after a hearing in accordance with this subdivision, order the newsrack returned without payment of any impound fee; or, if an impound fee has previously been paid, may order return of any such impound fee.

(c) A court before whom criminal charges concerning an impounded newsrack are pending, may, upon dismissal of the charges or a finding of acquittal, in its discretion order an impounded newsrack returned without payment of an impound fee or the return of the impound fee paid.

(Ord. No. 14(1989), § 2(16.24.110), 6-27-89)

(a) Request for hearing. Any permittee or person maintaining a newsrack found in violation of this subdivision may, at any time within 30 days of the alleged violation, request in writing a hearing before the director of public works or his designate.

(b) Stay pending decision. A timely request for a hearing made prior to any impounding shall operate to stay any impounding until five working days after the decision is rendered, unless further stayed pending any appeal therefrom.

(c) Conduct of hearing. A hearing shall be held, unless continued by agreement, within five working days of the request for a hearing. At the hearing, any person may present evidence or argument as to whether the newsrack was in violation of this subdivision or whether the newsrack should be returned without payment of an impound fee.

(d) Decision. A decision shall be rendered within five working days after the close of the hearing.

(e) Notice of decision. The director or his designate may give oral notice of the decision at the close of the hearing or may send notice of the decision by mail.

(Ord. No. 14(1989), § 2(16.24.120), 6-27-89)

(a) Appeal. Any person who requested a hearing may, within five days after notice of the decision therein is given pursuant to this subdivision, appeal such decision to the city council.

(b) Contents of appeal. The appeal shall be in writing, shall state the legal and factual basis upon which the appeal is to be based, and shall be filed with the director of public works or his designate, who shall forthwith forward the appeal, together with a copy of the decision, to the clerk of the city council.

(c) Stay pending appeal. A timely appeal of the decision shall operate to stay any impounding pending action taken on the appeal by the city council pursuant to this section.

(d) Action. Upon receipt of the appeal and decision, and as soon as practical, the city council may take any one of the following actions:

(1) Grant a stay of the decision or any impounding pending further consideration by the city council;

(2) Approve the decision and order;

(3) Refer the matter back to the director with or without instructions; or

(4) Set the matter for public hearing before itself. Such public hearing shall be held de novo as if no hearing previously had been held.

(e) Stay pending action by council. Action taken by the city council pursuant to subsections (d)(3) and (d)(4) of this section shall operate to stay the decision or any impounding pending final resolution of the issue of whether the newsrack was in violation of this subdivision or whether the newsrack should be returned without payment of an impound fee.

(f) Effective date of board action. Action taken by the city council pursuant to subsection (d)(2) of this section shall be effective two working days after the action is taken.

(Ord. No. 14(1989), § 2(16.24.130), 6-27-89)

Notwithstanding any other provision of this division, any person who violates section 12.04.2210(a), 12.04.2220 or 12.04.2230 shall be guilty of a misdemeanor and may be punished as provided in section 1.04.010.

(Ord. No. 14(1989), § 2(16.24.140), 6-27-89)

The provisions of this subdivision shall not limit any other remedies authorized by law.

(Ord. No. 14(1989), § 2(16.24.150), 6-27-89)

Each overhead structure which extends over the portion of the highway used by vehicles shall be not less than 15 feet above the highest portion of the highway surface. If the director of public works finds that traffic conditions are such that it is necessary for highway safety for such structure to be at a greater height, then such structure shall be at such greater height as specified by the director.

(Ord. No. 14(1989), § 2(16.26.010), 6-27-89)

Each overhead structure used primarily for a covered shelter for ingress and egress into a doorway shall not exceed ten feet in width and shall have a vertical clearance of not less than eight feet at every point. Each structure shall be supported by metal posts on a line two feet back from the face of the curb, if any, otherwise from the edge of the portion of the highway designed for use by motor vehicles, and shall be constructed in such a manner that no portion thereof shall extend toward the roadway more than six inches beyond the metal posts.

(Ord. No. 14(1989), § 2(16.26.020), 6-27-89)

Any permit to erect or maintain an overhead structure shall be treated as and deemed to be a permit to maintain such structure until expiration or revocation of the permit. This section does not apply to agencies operating under approved franchise.

(Ord. No. 14(1989), § 2(16.26.030), 6-27-89)

Upon the effective date of the expiration or revocation of the permit, the person maintaining the overhead structure shall remove same, and restore any highway facility damaged or removed.

(Ord. No. 14(1989), § 2(16.26.040), 6-27-89)