Indio Municipal Code Ch. 97 Streets; Parkways; Public Places

[1961 Code, § 18.1; Ord. 702]

This chapter shall be known and may be cited as the “Indio Streets, Parkway and Public Places Ordinance.”

[1961 Code, § 18.2; Ord. 702]

The purpose of this chapter is to develop procedures and regulations and to assign responsibility for the use and maintenance of the public streets, parkway and public places.

[1961 Code, § 18.3; Ord. 702]

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AUTHORITY, ADMINISTRATIVE

The Director of Public Works or his designated representative, unless otherwise specified in the various sections.

BANNER

Any device made of cloth, plastic, or any other material, including any article of display, advertising or decorative matter whose purpose is to advertise special civic events, seasons, holidays or activities of service clubs, or youth groups that conform to the Unified Development Code and are made to be extended over and/or along or across a public place.

ENCROACHMENT

The entry upon, over, under, or placing any facility upon, across, over or under, or the use of any public place in such a manner as to interfere temporarily or permanently with the normal use thereof.

EXCAVATION

Any opening in, under, or across the surface of a public place in any manner except a lawful opening into substructure below the surface of the public place.

FACILITIES

Any pipe, pipeline, tube, service line, vault, manhole, meter gauge regulator, valve, conduit, wire, power pole, pole line, anchor, cable, junction box, transformer, curb, gutters, sidewalks, paving, irrigation and landscaping, or any other object including buildings, portions, or any other material substance whether natural or manmade, constructed, left, placed in, upon, along, over, under or across, or maintained temporarily or permanently in any public place.

IMPROVEMENTS, OFFICE

Facilities constructed in public streets, parkways and public places and included, but not limited to sidewalks, curbs and gutters, planters, landscaping, irrigation systems, street lighting and ornamental lighting.

PARKWAY

That portion of the street right-of-way lying outside the curbline, existing or proposed, whether improved or not.

PERMITS (ENCROACHMENT, BANNER, CONSTRUCTION)

A form provided by the city. The form will be two-fold; it will be an application when filled out by the permittee and a permit when approved by the Administrative Authority. All permit forms are obtained at the office of the Department of Public Works.

PERSON

Any individual, owner, lessee, tenant, occupant, private company, firm, partnership, corporation, governmental agency or organization of any kind.

PUBLIC PLACE

Any street, alley, square, plaza, park, mall, parking lot or other property owned by the city and dedicated for public use.

SIDEWALK

That portion of the sidewalk area that has been improved with a concrete or asphaltic surface.

SIDEWALK AREA

A portion of or all of a parkway that is unimproved (no concrete or asphaltic concrete sidewalks), but is maintained for pedestrian purposes.

STREET

Any dedicated right-of-way for street, alley, or utility purposes, whether improved or not.

SUBSTRUCTURE

Any pipe, conduit, duct, tunnel, cable, wire, vault, manhole or any other similar structure located below the surface of any public place.

UTILITY

Any individual, private company, partnership, corporation, and the like, operating under the public utility commission or a municipality, county district, or other governmental agencies engaged in providing a particular service to the general public.

[1961 Code, § 18.4; Ord. 702]

The purpose of this chapter is to establish regulations to control encroachments into public places by requiring encroachment permits and to establish measures for the protection of life and property, including traffic and pedestrian safeguards. Additionally, this chapter regulates backfilling and resurfacing of excavations, prescribes application procedures for permit issuance, establishes bonding and liability requirements and prescribes penalties for violations of its provisions.

[1961 Code, § 18.5; Ord. 702]

(A) No person shall establish or cause any encroachment in any public place unless there has been first obtained an encroachment permit therefor from the Administrative Authority, except as may be otherwise provided in this chapter.

(B) The Administrative Authority may issue an annual blanket permit to utilities for purposes of placing, replacing or repairing facilities within a public place in an unimproved area or where the opening or excavation in a paved area does not exceed two feet in width and three feet in length.

[1961 Code, § 18.6; Ord. 702]

(A) An application form provided by the Administrative Authority shall be submitted before any encroachment permit is issued. The application shall state the name and address and principal place of business of the applicant, the purpose of the facility, the location and dimensions (where applicable) of the installation or removal, the size of any excavation to be made, the approximate time when work will begin, and the approximate time required to complete the work, including removing all obstructions, material and debris, backfilling, compacting and placing permanent resurfacing and/or replacing improvements. A permit expiration date may be established by the Administrative Authority. Additionally, the permittee shall give the Administrative Authority 24 hours' advance notice when work will be started.

(B) Conditions may be added at the time of the issuance of the permit consistent with and in implementation of the requirements of this chapter.

(C) When approved and signed by the Administrative Authority, the application constitutes a permit. Whenever significant changes or modifications are to be made to existing facilities, the permittee shall secure written approval from the owner of the facility and an addendum to the original encroachment permit from the Administrative Authority.

[1961 Code, § 18.7; Ord. 702]

The Administrative Authority may collect a permit fee to cover the cost incurred by the city pursuant to the provisions of this chapter. Recoverable costs include administrative expenses involved in the issuance of an encroachment permit, checking plans for compliance with this and other ordinances, and field inspections conducted to insure compliance with the terms and conditions under which the encroachment permit was issued. Fee schedules may be established by resolution of the city.

[1961 Code, § 18.8; Ord. 702]

All encroachment work shall be performed in accordance with State of California Department of Transportation Standard Specifications and Standard Details, most recent edition, or according to the plans and specifications referred to in the permit, and in addition to any special requirements and/or specifications which may be made a part of the permit.

[1961 Code, § 18.9; Ord. 702]

(A) The permittee shall indemnify, defend and save the city, its authorized agents, officers, representatives and employees harmless from and against any and all penalties, liabilities or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or property happening or occurring as approximate result of any work undertaken under the permit granted pursuant to this chapter.

(B) Additionally, the permittee shall be responsible for all liability imposed by law for personal injury or property damage caused by work performed under the encroachment permit or caused by failure on permittee's part to perform his maintenance obligations under such permit.

(C) If any liability claim is made against the city, its officers or employees, the permittee shall defend, indemnify and hold them and each of them harmless from such claim insofar as permitted by law. The Administrative Authority may require proof of financial responsibility to meet the permittee's obligation under this section. An insurance policy acceptable to the city and naming the city as an additional insured may meet the requirements of this section.

[1961 Code, § 18.10; Ord. 702]

If required by the Administrative Authority, the permittee shall provide a cash surety bond or owner acceptable security in the amount determined by the Administrative Authority as sufficient to reimburse the city for the cost of restoring the public place to its original position in the event the permittee fails to do so.

[1961 Code, § 18.11; Ord. 702]

(A) It shall be the duty of every person undertaking any construction, including making an excavation in or upon any public place, to place and maintain barriers and warning devices necessary for safety of the general public.

(B) For excavations over five feet in depth, blasting operations and tunneling work, the permittee shall, when required by law, obtain a permit from the California Division of Industrial Safety and/or any other permit required by state or federal safety regulations.

(C) Barrels, warning signs, lights, and the like, shall conform to the requirements of the Manual of Warning Signs, Lights and Devices for Use in Performance of Work Upon Highways, issued by the state of California, Department of Transportation and to any additional requirements specified by the Administrative Authority. Warning signs shall be placed as described in Article 402 of the Traffic Manual, issued by the State Department of Transportation.

(D) The permittee shall take appropriate measures to assure that during the performance of construction work on streets, traffic conditions as near normal as practicable shall be maintained at all times so as to minimize inconvenience to the occupants of the adjoining property and to the general public.

(E) When traffic conditions permit, the Administrative Authority may, by written approval, permit the closing of streets and alleys to all traffic for a period of time prescribed by him. The written approval of the Administrative Authority may require that the permittee provide approved detours and give notification to various public agencies and to the general public. In such cases, the written approval shall not be valid until notice is given.

[1961 Code, § 18.12; Ord. 702]

The construction work shall be performed and conducted so as not to interfere unreasonably with access to fire hydrants, fire stations, fire escapes, watergates, underground vaults, valve housing structures, and all other vital equipment designated by the Administrative Authority.

[1961 Code, § 18.13; Ord. 702]

(A) Permittees shall inform themselves as to the existence and location of all facilities likely to be encountered by their operations.

(B) Unless the law otherwise provides, relocation of an existing facility shall be performed in accordance with a plan approved by the owner. No facility owned by the city shall be moved to accommodate the permittee unless the cost of such work is borne by the permittee.

(C) All facilities affected by any excavation or other construction work shall be supported and protected by the permittee with methods approved by the owner of the facility. Should an existing facility be damaged by the permittee's operations, and for this purpose pipe coating or other encasement or devices are to be considered as part of a facility, the permittee shall promptly notify the owner of the damaged facility. All facilities damaged by the permittee's operations shall be repaired as directed by the owner and the expense of such repairs shall be charged to the permittee.

[1961 Code, § 18.14; Ord. 702]

(A) Whenever a substructure is abandoned, except the abandonment of service lines designed to serve single properties, the person owning, using, controlling or having an interest therein shall file with the Administrative Authority a drawing or written statement indicating, in detail, the location of the substructure so abandoned. At the time of such abandonment, the Administrative Authority may determine what portion, if any, of the abandoned substructure shall be removed or otherwise treated.

(B) Whenever a driveway approach is abandoned or can no longer be justified by the use made of the abutting property, the Administrative Authority may require removal of any associated driveway, apron or curb depression, and restoration of any existing curb, gutter or sidewalk across the driveway width.

[1961 Code, § 18.15; Ord. 702]

Where the confines of any area being excavated are too narrow to permit piling of excavated material beside the trench, the Administrative Authority may require the permittee to haul away the excavated material. The permittee shall be responsible for securing any necessary disposal sites. In addition, the permittee shall anticipate and make provisions for abatement of dust and dirt nuisances resulting from its operations.

[1961 Code, § 18.16; Ord. 702]

As the excavation or other construction work progresses, all streets shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from the work. All cleanup operations at the location of the construction shall be accomplished at the expense of the permittee to the satisfaction of the Administrative Authority.

[1961 Code, § 18.17; Ord. 702]

The permittee shall provide and maintain adequate waterways for all surplus water, including storm water, runoff pumped from excavations, flushings or other water resulting from the permittee's operations.

[1961 Code, § 18.18; Ord. 702]

(A) Asphalt pavement. Asphalt pavement shall be saw-cut unless an alternate method is approved by the Administrative Authority.

(B) Concrete sidewalk, curb, gutter and cross-gutter. All concrete facilities shall be saw-cut. The depth of cut shall be a minimum of one-third of the thickness of the material being cut. Sidewalks, curbs, gutters and cross-gutters shall be cut on and removed to the nearest joint or score line. In the absence of lines and joints, the area to be cut and removed will be determined in the field by the Administrative Authority or his agent.

[1961 Code, § 18.19; Ord. 702]

(A) The Administrative Authority may require boring and jacking of utility lines and conductor casings in public streets.

(B) All nonrigid, nonmetallic pipe larger than three inches shall be installed in a conductor casing.

(C) All metallic and nonmetallic pipe three inches and under may be installed without a conductor casing.

[1961 Code, § 18.20; Ord. 702]

Unless otherwise approved by the Administrative Authority, the minimum cover of substructures shall be as follows:

(A) Streets and alleys. 36 inches below the established flow line of the nearest gutter, or if a flow line is not established, then the depth shall be at a minimum of 48 inches below the surface of the nearest outermost edge of the traveled portion of the street, or, designed elevations, approved by the Administrative Authority;

(B) Parkways. 36 inches below established parkway elevation;

(C) Other public places. Twelve inches below the surface. Unless the law otherwise provides, nothing in this chapter shall impose a duty upon the permittee to maintain these minimum depth requirements upon subsequent changes of elevation in the surface unless the depth of the substructure interferes with the maintenance of, or travel on, a public street.

[1961 Code, § 18.21; Ord. 702]

Backfilling shall consist of placing and compacting excavated or imported backfilling material in an excavation. Compaction to a relative density of 90% up to the ground surface, or up to the base material if in a paved street, shall be achieved upon completion of the backfill. Base material shall be compacted to a relative density of 95%. Compaction tests by an approved soils laboratory or engineer may be required at the permittee's expense to assure compliance with this section.

[1961 Code, § 18.22; Ord. 702]

(A) Concrete sidewalk, curb, gutter and cross-gutter. All concrete facilities shall be replaced at the same cross-section thickness as that removed except that sidewalks shall be a minimum of four inches thick and driveways, gutters and cross-gutters shall be a minimum of six inches thick or as required by the adopted standards of the Administrative Authority.

(B) Asphalt pavement. All trenches within existing paved roads shall be provided with temporary surfacing unless the permittee immediately installs permanent resurfacing. Temporary paving shall be properly maintained until permanent surfacing is placed.

(1) Prior to placing of permanent pavement, edges shall be trimmed to a vertical face. Permanent pavement shall be the thickness of the existing pavement plus one inch. The pavement shall be placed so that the finished surface after compaction is level with or does not exceed a maximum of one-quarter inch above the existing pavement and does not overlap onto the existing pavement. If the pavement is to overlap the trench cut, it shall be brought up in two lifts; the first lift to be level with the existing pavement when completed.

(2) If over 50% of a street is destroyed, the Administrative Authority may require a structural overlay of the entire street.

(C) Lawn areas. Whenever it may be necessary for the permittee to trench any lawn area, the area shall be reseeded or the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required in this chapter. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clear of earth and debris and in a condition as near as practicable to that which existed before the work began. The permittee shall not remove, even temporarily, any trees or shrubs which exist in parkway areas without first obtaining the consent of the Administrative Authority.

[1961 Code, § 18.23; Ord. 702]

The maximum amount of open trench to be allowed shall be determined by the Administrative Authority.

[1961 Code, § 18.24; Ord. 702]

After the project is commenced, the permittee shall diligently pursue all work covered by the encroachment permit, promptly complete all work and restore the street, as near as practicable, to its original condition to avoid obstructing the public place more than is reasonably necessary.

[1961 Code, § 18.25; Ord. 702]

When, in the judgment of the Administrative Authority, the safety or convenience of the traveling public or the public interest requires that encroachment work be performed as emergency work, the Administrative Authority shall have full power to order at the time the permit is granted that a crew of men and adequate facilities be employed by the permittee 24 hours a day to the end that such work may be completed as soon as practicable.

[1961 Code, § 18.26; Ord. 702]

Nothing in this chapter shall be construed to prevent the making of excavations or the performance of work necessary for the preservation of life or property or for the location of trouble in conduit or pipe, or for making repairs; provided that the person undertaking such work shall apply to the Administrative Authority for a permit on the first working day after the work is commenced.

[1961 Code, § 18.27; Ord. 702]

Each permittee shall carry out encroachment work in a manner which will avoid unnecessary inconvenience to the general public and occupants of neighboring property, and the permittee shall take all practicable measures to reduce noise, dust and debris. Hours of restricted operation, if any, may be established by resolution of the city.

[1961 Code, § 18.28; Ord. 702]

(A) No monument set for the purpose of locating or preserving the lines of any street or property subdivision, including precise survey reference points or permanent survey benchmarks within the city shall be removed or disturbed by any person who has not first obtained written permission from the Administrative Authority.

(B) Permission to remove, disturb or replace monuments shall only be granted upon the condition that the removal, disturbance or replacement of any monument be done under the supervision of a registered engineer or licensed land surveyor. Any expenses incurred by the Administrative Authority for the proper placement of monuments shall be paid by the permittee.

[1961 Code, § 18.29; Ord. 702]

The Administrative Authority shall make inspections and may establish rules and regulations reasonably necessary to enforce and carry out the intent of this chapter.

Subchapter 2. Banners

[1961 Code, § 18.30; Ord. 702]

The purpose of this subchapter is to establish uniform regulations and procedures for the installation and maintenance of banners in, along, or over any public place.

[1961 Code, § 18.31; Ord. 702]

No permit will be issued until after the applicant has obtained a temporary sign permit from the Department of Planning and Development.

[1961 Code, § 18.32; Ord. 702]

The duration of the permit shall be the same as the sign permit.

[1961 Code, § 18.33; Ord. 702]

The banners shall be installed in a safe manner. The installation shall be inspected by the Administrative Authority. If, in the opinion of the Administrative Authority, the installation is unsafe, it shall be repaired or removed.

[1961 Code, § 18.34; Ord. 702]

The applicant shall submit proof of public liability and property damage insurance in the following amounts:

(A) $1,000,000 combine single; and

(B) $50,000 property damage.

[1961 Code, § 18.34; Ord. 702]

A permittee shall remove any banner for which a permit has been issued within 24 hours after the expiration date of the permit. The removal includes all cleanup of debris and fixtures.

[1961 Code, § 18.36; Ord. 702]

All banners require signed permit. Removal of illegal banners shall be in accordance with the Unified Development Code.

[1961 Code, § 18.37; Ord. 702]

The banner permit fee shall be as established by resolution of the City Council.

Subchapter 3. Off-Site Improvements

[1961 Code, § 18.38; Ord. 702]

(A) The provisions of this subchapter are to assign responsibility for the improvement and maintenance of parkways and sidewalks and to establish uniform guidelines and standards for the construction of off-site improvements required by city code regulations or being installed by a property owner or occupant on his own initiative.

(B) The improvements include, but are not limited to connecting pavement, curb and gutter, sidewalks, street lighting, landscaping, planters, irrigation systems and decorative lighting.

[1961 Code, § 18.39; Ord. 702]

It is unlawful for any person, whether owner, lessee, tenant or occupant to fail to keep the parkway and sidewalk or sidewalk area in and along any or all street frontages of any property under his control in a safe and clean condition.

[1961 Code, § 18.40; Ord. 702]

(A) It is unlawful for any person having charge or control of any lot or premises, either as owner, lessee, tenant, occupant or otherwise to allow or permit any soil, trash, rubbish, garden refuse, tree trimmings, ashes, in cans or other waste or refuse to remain upon or in any public street, alley, or upon any sidewalk abutting on such lot or premises, or to interfere with or obstruct the free passage of pedestrians or vehicles along such sidewalks, alleys, or streets, or to allow or permit the same to be moved or transported by wind or otherwise onto or upon any public street or alley or sidewalk, or upon any private property without the consent of the owner.

(B) It is unlawful for any person owning or operating any vehicle to allow any of the items mentioned in division (A) to spill, fall off or blow onto any public street or alley or sidewalk abutting such street or onto any private property without the consent of the owner.

[1961 Code, § 18.41; Ord. 702]

(A) No barbed wire fences will be allowed in any parkway, street, alley or public place.

(B) No fences or walls will be allowed in the street or alley or in the parkway of any land zoned for commercial or industrial uses. Decorative fences and walls will be allowed by encroachment permit in the parkway of land zoned for residential uses. The fence or wall shall be located between the sidewalk and the property line. If no sidewalk exists, the construction of the wall or fence will be conditioned upon the installation of the sidewalk. The maximum height of walls and fences shall be 36 inches within the parkway, except the corner lot where the end 20 feet on each street shall be reduced to 24 inches for visibility. All walls and fences have to provide four-foot clearance around fire hydrants, water meters, and all other utility structures. If a wall or fence is constructed over underground utility lines, the utility company may remove such fence or wall as necessary to repair and maintain its facilities, and it will be the property owners' responsibility to replace the same.

(C) All walls and fences that are not maintained properly shall be declared a nuisance and abated in accordance with Chapter 95A.

[1961 Code, § 18.42; Ord. 702]

(A) Landscaping consisting of approved shrubs, trees, irrigation systems, including decorative lighting, may be constructed in that portion of the parkway not included in sidewalk areas. The landscaping shall be in accordance with the requirements of the zoning regulations in the Unified Development Code. The material and design of the sprinkler system and decorative lights shall be in accordance with the city policy and approved by the Public Works Department. All shrubs shall be maintained at a height not to exceed 36 inches except where a lesser height of 24 inches is required on comer lots and at driveways for visibility.

(B) All landscaping that is not properly maintained in the parkway shall be declared a hazard and nuisance and abated in accordance with Chapter 95A.

[1961 Code, § 18.43; Ord. 702]

It is unlawful for any person to display or store any merchandise, materials and the like in or on any parkway, sidewalk, street or alley except as provided by the zoning regulations and except during shipping, loading and/or delivery.

[1961 Code, § 18.44; Ord. 702]

It is unlawful for any person having control of any lot or premises to allow any water or other liquids used to clean a premises or in conjunction with the service provided or the product produced, including irrigation and air conditioning water of all types, to be deposited upon any sidewalk, street, alley or public place. Water from roof drains is prohibited from being deposited directly upon sidewalks or parkways.

[1961 Code, § 18.45; Ord. 702; Ord. 1060]

(A) The owner of lots, or portions of lots, fronting on any portion of a public street shall clean, repair and maintain sidewalk areas. The sidewalk area shall be maintained in a safe condition such that it does not endanger persons or property during reasonable use. The failure to maintain the sidewalk area in a safe condition is negligence. Liability for any injuries occurring from such negligence is assigned to the owner of the lot fronting the sidewalk.

(B) The owner is not liable for conditions created or maintained upon or in connection with the sidewalk area by any person other than the owner under any permit or right granted by law and by the city. During the period of the permitted activity, the permit holder assumes the duties and obligation of division (A) of this section. It is the duty of the permit holder to leave the sidewalk area in a safe condition during periods of inactivity and upon the completion of the permitted activity.

(C) It is the duty of the city to notify the owner or person in possession of the property when any portion of the sidewalk area presents a condition which endangers persons or property during reasonable use. The notice shall be in writing and be delivered in person or by certified mail to the occupant of the premises, and also to the owner of the property if not the same as the occupant. The notice shall describe the property by a recorded map, metes and bounds, assessor's parcel number, and shall include the street address of the property. The notice shall describe the hazardous condition and the repairs required. The repair must begin within 14 days from the date of the notice and be completed without unreasonable interruption or delay. If the work is not begun within 14 days, the city will cause the work to be done and the cost to be assessed against the property owner in accordance with Chapter 22 of the Improvement Act of 1911.

(D) For purposes of this section, “maintenance and repair of sidewalk areas” shall include but not be limited to removal and replacement of sidewalks; removal and filling or replacement of parking strips; removal of weeds and/or debris; and trimming of trees, shrubs, hedges and/or ground cover.

(E) Nothing in this section shall be deemed to diminish any rights of the city to seek indemnification from abutting landowners.

(F) For purposes of this section “conditions of sidewalk areas which are deemed likely to endanger persons or property during reasonable use” shall include but not be limited to: broken, cracked or spilled concrete or asphalt surfacing; litter, debris; holes; rough or uneven surface; or otherwise hazardous conditions of improved or unimproved sidewalk areas.

[1961 Code, § 18.46; Ord. 702]

(A) It is unlawful for any person to construct, replace or otherwise modify off site improvements without first obtaining a construction permit from the Administrative Authority, except work orders by the Administrative Authority to abate a hazard or those required as a condition of a subdivision map. The permit will be on a form provided by the Administrative Authority and filing and inspection fees will be adopted by City Council resolution.

(B) All off-site improvements shall be constructed in accordance with the city's standard specifications. Fees shall be set at the discretion of the City Council.

[1961 Code, § 18.47; Ord. 702]

(A) Moving permits for buildings shall be in accordance with § 151.120 et seq.

(B) Moving permits for overweight and overwidth equipment shall be issued by the Administrative Authority. It shall be on a form provided by the city, and it shall contain a description of the equipment and method of moving. The Administrative Authority, upon filing of the permit, will determine which street it may move upon, time of day it may be moved, signs, lights and/or if a convoy is required.

(C) The permittee shall be responsible for any and all damage to public streets and facilities. The Administrative Authority may require a cash or surety bond in an amount not less than $1,000, or the estimated cost of probable damage, if any, whichever is greater. Permit fees shall be established by resolution of the City Council.

[Ord. 1248, 6-2-1999]

(A) Purpose of provisions: From time to time city and private development installed the public improvements including water lines, sewer lines, other underground utilities, connecting pavements, curbs, gutters, sidewalks, median islands, and similar public right-of-way improvements appurtenant to parcels yet to be developed. These improvements cause the value of these parcels to increase. When these developed parcels develop, the city for the most part does not receive property tax revenues to reimburse for the public improvements that have directly benefited these parcels. In addition, the private developer installing these improvements is not reimbursed for the benefit bestowed on adjacent property. This section is intended as a procedure for reimbursement of public improvements made of moneys from the treasury of the city for such public improvements and to reimburse private developers for installation of public improvements of benefit to adjacent private landowners.

(B) Recovery of costs:

(1) Whenever the City Council determines that the public interest and necessity demand the construction and completion of public projects including but not limited to street improvements including; water lines, sewer lines, other underground utilities, connecting pavements, curbs and gutters, sidewalks, median islands and similar public right-of-way improvements, to undeveloped areas of the city, not adequately improved, and appropriates moneys out of the treasury of the city for such public improvements, no person shall be permitted to develop such property until such property owner has paid to the city the proportionate share of the cost of the street improvements as established by the City Council with respect to the property; and no application, either by petition or otherwise, shall be approved by the City Council for the building and or development of such property until the property owners to be benefited or a significant number thereof shall have paid to the city, or agreed to pay such proportionate share of the costs of the street improvements as in the opinion of the Council insures the payment of the cost of the public street improvements. Such payments include a development fee or license tax fee on new construction obligation and shall be in addition to any other fee prescribed by any ordinance of the city.

(2) Whenever a public project is financed in any part by the general fund of the city, the City Engineer shall determine if there are any parcels directly benefited by the installation of the public project. Whenever the City Engineer determines that a parcel is directly benefited from a public project, the City Engineer shall recommend to the City Council, as part of the documents to be approved by the Council for the public project. The amount of reimbursement to be apportioned to any such parcel. Reimbursement may be in the form of a lump sum payment to the city or payment of a development fee or license tax on new construction. The owner of any such parcel as designated upon the latest records of the County Assessor shall be notified of the Council's hearing for the consideration of the public project. At said hearing, if the City Council approves the public project, the City Council shall also consider the apportionment of the cost of said improvements among the parcels directly benefited from the project. If a parcel is required to reimburse the City for any portion of the public project, a recorded document will be filed with the County Recorder's office, stating the obligation that is due and payable upon issuance of any permit for the development upon the parcel.

(3) As referred to herein "permit" refers to any permit issued by the city and "development" shall refer to any improvement upon real property for which any permit is required.

(4) A temporary waiver of payment of lots may be requested, in writing, to the City Manager. A waiver request may only be submitted for a permit of improvements upon a parcel already occupied with a resident's structure. The City Manager may waive, for a designated period of time, all or a portion of the reimbursement.

(C) Reimbursement for utility undergrounding: When utility undergrounding, and the total estimated development fee for license, tax, collections for utility undergrounding is required by the city to accommodate a street widening, the developer shall receive a partial reimbursement from the city if the cost of utility undergrounding exceeds the amount estimated to be collected for utility undergrounding as part of the development fee or license tax payments over the duration of the construction project. The partial reimbursement shall be limited to the difference between the cost of undergrounding. Reimbursement by the City shall only be paid from designated utility undergrounding accounts, subject to the variability of funds.

(D) Private projects-reimbursement by benefited property owner.

(1) Whenever the City Council determines that the public interest and necessity demand the construction and completion of public right-of-way improvements including, but not limited to water lines, sewer lines and other underground utilities, connecting pavement, street improvements, including curbs, gutters, paving and sidewalks and related improvements, including median island improvements and utility undergrouding, adjacent to undeveloped areas of the city not adequately improved and places conditions of approval upon a private project for construction of such public improvements, no person shall receive a permit to develop the benefited property until such property owner has paid to the city a proportionate share of the original costs of the public right-of-way improvements as previously required by the City Council with respect to the property so benefited.

(2) In making this determination, the City Engineer shall determine the percentage of benefit to the benefited parcel. Such payment by the benefited parcel shall then be paid by the city to the original private developer having installed such improvements. If the city record fail to include the identity of that developer or the developer no longer exists or for any reason the payment cannot be made after reasonable effort by the city, the City Council may order the payment returned to the payor.

[Ord. 1297, 6-20-2001]

Unless expressly stated otherwise, any violation of this chapter constitutes a public nuisance and is subject to all civil, administrative and criminal remedies, and all abatement procedures set forth in Chapter 95A of this code, pertaining to the abatement of public nuisances.

[Ord. 1297, 6-20-2001]

Within 15 days of receiving a notice of hazardous condition or within 15 days of any other action taken by the Public Works Superintendent or authorized city agent, a property owner or any person having possession or control of the lot or premises, either as owner, lessee, tenant, occupant or otherwise, can appeal from such notification or action to the Board of Appeals created by § 95.112A of this code. Such appeal shall be subject to the rules and procedures applicable to the Board of Appeals as set forth in §§ 95.113A through 95.120A of this code. The decision of the Board of Appeals shall be final and conclusive.

[Ord. 1297, 6-20-2001]

If the condition described in the notice of hazardous condition is not remedied within the time prescribed in the notice for which an appeal is not sought or within the time set forth in the decision of the Board of Appeals, then the City Manager or designee can cause the hazardous condition to be abated by the city forces or by private contract, and the cost of such remedial actions can be recovered in accordance with §§ 95.122A through 95.127A of this code.

Subchapter 4. Mapped Streets

[1961 Code, § 18.48; Ord. 702]

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

APPLICANT

Any person applying for a building permit within this city.

GENERAL PLAN

The general plan of the city.

LINE, BUILDING

That certain line established by the City Council as provided in this subchapter. Within the area of a lot between such building line and an abutting street right-of-way no structure shall be erected, constructed or maintained except as set forth in this subchapter.

LOT

Any lot, parcel or other real property situated within the city.

NOTICE OF APPEAL

A written statement, filed on a prescribed form, appealing to the City Council an action or decision of the Planning Commission hereunder.

NOTICE, WRITTEN

A written notice deposited by United States mail, postage prepaid, addressed to the last-known address of the designated addressee.

OWNER

Any person entitled to the possession of real property.

PERSON

Any person, firm, partnership, association, corporation, company or organization of any kind, including public agencies.

SETBACK AREA, BUILDING

The area of a lot between the building line and abutting street right-of-way extending the full width of such lot.

STREET

Any street, highway, avenue, boulevard, road, walk, alley, right-of-way, lane, place, square or other public way which heretofore has been, or may hereafter be dedicated or otherwise acquired by this city or other governmental agency for public street purposes.

STREET, MAPPED

A future street which is laid out and delineated on the general plan and on an addendum map of such size, scale and detail that the precise alignment of such street is ascertainable.

STRUCTURE and BUILDING

Anything constructed or erected from an assembly of materials or component parts and which is attached or affixed to realty, or which is intended to rest other than temporarily thereupon, or which is attached to something having a fixed location on or below the ground.

[1961 Code, § 18.49; Ord. 702]

Where a lot abuts a public street, a building line is established on such lot parallel to the front lot line thereof and located, measured from the existing center of the street, a distance equal to the required depth of the front yard of the lot (as prescribed by the zoning regulations in the Unified Development Code), plus a distance equal to one-half of the ultimate width of the abutting street, as the ultimate width is shown on the general plan.

[1961 Code, § 18.50; Ord. 702]

(A) Establishment of future streets. In accordance with applicable provisions of state law, the City Council may designate and delineate mapped streets and make the same as part of the general plan. When any such mapped street has been so established, no person shall construct, install or maintain any structure within the right-of-way thereof, except as specifically provided in this subchapter.

(B) Building lines on partially dedicated streets. With regard to lots abutting a street or streets upon which there has been a previous determination by the Planning Commission and City Council that only a portion of the ultimate street width has been acquired, the City Council shall determine the precise ultimate street width and shall adopt the same as a mapped street on the general plan, and thereafter such alignment shall be the basis for the establishment of a building line, as provided in § 97.086.

(C) Proceedings for building permit. Proceedings for amendment of the general plan by the designation of mapped streets for proposed widenings along any existing street or portion thereof or for any future street may be initiated by the Planning Commission, by the City Council, or by any person filing a petition therefor with the Planning Commission. The Planning Commission shall thereupon process the matter as an amendment to the general plan.

(D) Upon receiving such recommendation of the Planning Commission and whenever the public peace, health, safety, interest or welfare is found to so require, the City Council may establish the proposed width of such street or streets, and the alignment of such future streets, and thereupon shall cause the general plan to be amended accordingly, as provided by state law.

[1961 Code, § 18.51; Ord. 702]

No building permit shall be issued for construction of any structure in any building setback area or in the right-of-way of any mapped street. Temporary structures such as walls, fences, signs or other easily removable structures, involving a cost of not to exceed $1,000 may be permitted in such areas.

[1961 Code, § 18.52; Ord. 702]

(A) Hearings. Any applicant aggrieved by the denial or conditional approval of a building permit pursuant to§ 97.088 may by written notice request a hearing on such matter before the Planning Commission. The Planning Commission shall thereupon and within 30 days thereafter hold a hearing at which the applicant and other interested persons shall be given the opportunity to be heard. At least ten days prior to the date fixed for the hearing, the Planning Commission shall cause notice of the time and place thereof to be mailed to the applicant and to any other person requesting such notice.

(1) The Planning Commission shall direct the issuance of the requested building permit if it finds either of the following facts to be true:

(a) The denial of the building permit, because of the nature of the land or other unique circumstances, will cause substantial damage to the applicant; or

(b) In balancing the interest of the public in preserving the integrity of mapped streets against the private interest of the owner of the land in using his property, it is determined that issuance of the building permit is required in the interest of justice and equity.

(2) The Planning Commission shall not direct the issuance of the requested building permit if it finds either of the following facts to be true:

(a) The applicant will not be substantially damaged by relocating the proposed structure on the lot elsewhere than in the building setback area, or in the mapped street; or

(b) In balancing the interest of the public and preserving the integrity of mapped streets against the private interest of the owner of the land in using his property, the resulting loss and disadvantage to the public would be unreasonable and disproportionate to the private benefits the owner would accrue from so using the property.

(3) The Planning Commission may attach reasonable conditions to its decision.

(4) The applicant and City Council shall be given written notice of the action taken by the Planning Commission.

(B) Appeals. Any person dissatisfied with the decision of the Planning Commission may appeal such decision to the City Council by filing a written notice of appeal with the City Clerk within 15 days after the date of the mailing of the notice of the decision of the Planning Commission. The City Council shall set the matter for hearing before it within 30 days, and shall, at least ten days prior to the date fixed for the hearing, cause written notice of the time and place thereof to be given to the appellant, the applicant and to any person requesting the same. The procedure before the City Council shall be the same as for the Planning Commission, and the applicant shall be notified of the decision of the City Council.

[1961 Code, § 18.53; Ord. 702]

After exhaustion of administrative relief as provided in § 97.100, any applicant dissatisfied with the final decision may, by written notice filed within 15 days thereafter, demand that the City Council acquire by eminent domain or other available proceeding the land belonging to applicant and located within the right-of-way of the mapped street. Upon failure of the City Council within six months thereafter to commence such acquisition proceedings, or thereafter with reasonable diligence to prosecute the same to completion, the applicant may reapply for such building permit and thereupon such building permit shall be issued.

[1961 Code, § 18.54; Ord. 702]

Structures existing in building setback areas and in mapped streets on the date of the adoption of this subchapter shall be deemed to be legal nonconforming structures, subject to the regulations, limitations, abatement and amortization provided in the zoning regulations in the Unified Development Code.

[Ord. 1150, 2-16-1994]

The City Clerk is hereby designated to accept, on behalf of the city, streets and roads or portions thereof, into the city street system and to record conveyances to the city of real property interests for street and road uses and purposes. The City Clerk shall, prior to recording any conveyances, affix a certificate to the instrument stating the acceptance into the city street system and designating the name or number, or both, of the city street or road.

Subchapter 5. Parades, Processions, Marches

[1961 Code, § 18.55; Ord. 702]

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CHIEF OF POLICE

The Chief of Police of the city.

PARADE

Any parade, march, ceremony, show, exhibition, pageant, or procession of any kind, or any other similar display, in or upon any street, park, or other public place in the city.

[1961 Code, § 18.56; Ord. 702]

The provisions of this subchapter shall not apply to:

(A) Funeral processions;

(B) Students of the schools going to and from classes or when constituting a part of their educational activities and under the immediate direction and supervision of the proper school authorities; nor

(C) A governmental agency within the scope of its functions.

[1961 Code, § 18.57; Ord. 702]

It is unlawful for any person to hold, manage, conduct, aid, participate in, form, start or carry on, any parade, or procession of any kind or cause or permit the same upon any public street, alley, park, or any other public grounds in the city unless there has first been obtained from the Chief of Police a permit to do so. Such permit shall be carried by the person in charge of, heading or leading such activity.

[1961 Code, § 18.58; Ord. 702; Ord. 997]

(A) Any person desiring to conduct or manage a parade shall, not less than ten days before the date on which it is proposed to conduct such parade, file with the Chief of Police a verified application on a form furnished by the Chief of Police, setting forth the following information:

(1) The name of the person or organization wishing to conduct such parade;

(2) If the parade is proposed to be conducted for, on behalf, or by an organization, the name, address and telephone number of the headquarters of the organization, and the authorized and responsible head of such organization;

(3) The name, address and telephone number of the person who is the parade chairperson and will be responsible for its conduct;

(4) The name, address and telephone number of the person or organization to whom the permit is desired to be issued;

(5) The date when such parade is to be conducted;

(6) The route to be traveled, the starting point and the termination point;

(7) The approximate number of persons, animals and vehicles constituting such parade, the type of animals, and a general description of the vehicles;

(8) The time when such parade will start and terminate;

(9) Whether such parade will occupy all or a portion of the width of the streets proposed to be traveled;

(10) The location by streets of any assembly area or areas for such parade;

(11) The time at which units of the parade will begin to assemble at any such assembly area or areas.

(B) In the event the above-referenced investigation can be accomplished in a more timely fashion than set forth above, the Chief of Police may waive the ten-day filing requirement.

[1961 Code, § 18.59; Ord. 702; Ord. 997]

The Chief of Police shall issue a permit as provided for in this subchapter when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that:

(A) The conduct of such parade will not substantially interrupt the safe and orderly movements of other trains contiguous to its route;

(B) The conduct of such parade will not require the diversion of so great a number of police officers of the city to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the city;

(C) The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas;

(D) The conduct of such parade will not unduly interfere with the movement of firefighting equipment en route to a fire or other emergency equipment;

(E) The conduct of such parade is not reasonably likely to cause injury to persons or property; and

(F) Such parade is not to be held for the sole purpose of advertising the goods, wares, or merchandise of a particular business establishment or vendor.

[1961 Code, § 18.61; Ord. 702]

The permit to be issued by the Chief of Police shall prescribe the following:

(A) The name of the person or organization wishing to conduct such parade;

(B) If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization and of the authority and responsible head of such organization;

(C) The name, address and telephone number of the person who will be the parade chairperson and will be responsible for its conduct;

(D) The name, address and telephone number of the person or organization to whom the permit is desired to be issued;

(E) The date when such parade is to be conducted;

(F) The route to be traveled, the starting point and the termination point;

(G) The approximate number of persons, animals and vehicles constituting such parade, the type of animals and general description of the vehicles;

(H) The time when such parade will start and terminate;

(I) Whether such parade will occupy all or only a portion of the width of the streets proposed to be traversed;

(J) The location by streets of any assembly area or areas for such parade; and

(K) The time at which units of the parade will begin to assemble at any such assembly area or areas.

[1961 Code, § 18.62; Ord. 702; Ord. 997]

The Chief of Police shall act upon the application for a parade permit within two days after the filing thereof. If the Chief of Police disapproves the application, he shall immediately notify the applicant of his action, stating the reasons for his denial of the permit. Such notice shall be mailed to the applicant at his address as given therein.

[1961 Code, § 18.63; Ord. 702]

Any person who has been denied a permit by the Chief of Police may appeal to the City Council by filing a written notice of such appeal within five days after the mailing by the Chief of Police of the notice of rejection.

[1961 Code, § 18.64; Ord. 702]

The Chief of Police in denying an application may authorize the conduct of such parade on a date, at a time, or by a route different from that named by the applicant. If the applicant desires to accept the proposed date, time, and route, be shall, within two days after notice of the action of the Chief of Police, file a notice of acceptance with the Chief of Police. The Chief of Police shall thereupon issue a permit. Such permit shall conform to the requirements of this subchapter.

[1961 Code, § 18.65; Ord. 702]

Immediately upon the granting of a parade permit, the Chief of Police shall send a copy thereof to the following:

(A) The City Manager;

(B) The Fire Chief;

(C) The Director of Public Works;

(D) The Director of Planning;

(E) The State Highway Patrol;

(F) The County Sheriff's office;

(G) Any other public officials responsible for functions deemed likely to be affected by the parade;

(H) Any public transportation or other utility, the regular routes of whose vehicles will be affected by the route of the proposed parade.

[1961 Code, § 18.66; Ord. 702]

No person shall without the consent of the permittee join or participate in a parade, nor in any manner interfere with its progress or orderly conduct.

Subchapter 6. Regulation of Newspaper Racks

[Ord. 1216, 9-3-1997]

(A) The City Council hereby finds that newsracks, stands, containers and similar newspaper and vending devices have proliferated and increased in areas of the city to the extent that in some instances they constitute a threat to the public health, safety and welfare by impending pedestrian traffic and interfering with ingress and egress to and from buildings, vehicles and public modes of transportation.

(B) The purpose of this chapter is to promote the public health, safety, and welfare through the regulation of placement, appearance, number, size, and servicing of newsracks on public rights-of-way so as to:

(1) Provide for pedestrian and vehicular safety.

(2)

(a) Protect the right to distribute information protected by the state and federal constitutions through the use of newsracks.

(b) Avoid interference with the emergency activities of public safety agencies.

(3) Insure no unreasonable interference with the flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles.

(4) Provide reasonable access for the use and maintenance of sidewalks, poles, posts, traffic signs or signals, hydrants, mailboxes, and access to locations used for public transportation services.

(5) Reduce exposure to the city to personal injury or property damage claims and litigation.

(6) Reduce visual blight on the public rights-of-way, and protect the aesthetics of store window displays, public landscaping and other improvements.

(7) Maintain and protect the value of surrounding properties.

(C) It is not the intent of this chapter to in any way discriminate against, regulate or interfere with the publication, circulation, distribution, or dissemination of any newspapers or other written materials.

[Ord. 1216, 9-3-1997]

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CITY

The City of Indio.

DIRECTOR

The Director of Development Services of the city, or his or her successor or his or her designee.

EXPLICIT SEXUAL ACTS

Depictions 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 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 acts of sexual arousal involving any physical contact with a person's genitals, pubic region, pubic hair, perineum, anus or anal region.

NEWSRACK

Any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display, sale or distribution of any publication.

OWNER

Any person or company whose name appears as an owner on a newsrack as required by § 97.134(H) of this chapter, for which a permit is sought or obtained.

PARKWAY

The area between the sidewalks and the curb of any street, and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. "Parkways" shall also include any area within a roadway which is not open to vehicular travel.

PUBLIC RIGHT-OF-WAY

Any place of any nature which is dedicated to use by the public for pedestrian and vehicular travel, and includes, but is not limited to, a street, sidewalk, curb, gutter, public easement, crossing, intersection, parkway, highway, alley, lane, mall, court, way, thoroughfare, a park, square and any other similar public way.

ROADWAY

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

SIDEWALK

Any surface provided for the use of pedestrians.

STREET

All that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.

[Ord. 1216, 9-3-1997]

(A) A newsrack permit issued in accordance with this chapter shall be required prior to the installation, placement or maintenance of any newsrack which in whole or in part rests upon, in or over any public right-of-way. Each permit shall be valid for one year unless sooner terminated as provided herein, and may be renewed annually. Each permit shall designate the number and location or locations of newsracks for which the permit has been issued.

(B) A written application far a newsrack permit shall be filed with the Director and shall contain the following:

(1) The name, address and telephone number of the applicant and of the owner of the newsrack(s).

(2) The name, address and telephone number of a representative or other responsible person whom the city may notify or contact at any time concerning the applicant's newsrack(s).

(3) The number of newsracks at the street address of each proposed location as shown on a scaled drawing.

(4) A diagram of the locations proposed for the installation of the newsrack(s).

(5) Names of newspapers or other written material to be contained in each newsrack.

(6) Type or brand of newsrack, including a photograph or scaled drawing of the newsrack and mount.

(7) A written statement satisfactory to the City Attorney whereby the owner agrees to indemnify, defend and hold harmless the city, its officers, officials and employees, from any loss or liability or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person, as a result of the installation, use or maintenance of a newsrack or newsracks within the city.

(C) Each application shall be accompanied by a non refundable fee in an amount set by resolution of the City Council, which shall not exceed the actual cost of investigating the facts contained in the application and processing of the application.

(D) Upon a finding that the applicant and the owner are in compliance with the provisions of this chapter, the Director shall issue a newsrack permit applicable to the location or locations approved by the traffic engineer. If a permit is denied, the applicant shall be notified in writing of the specific cause of such denial by the Director and of the right to appeal in accordance with § 97.142.

(E) A newsrack permit shall not be required prior to the installation, placement or maintenance of a newsrack which does not rest in whole or in part in or upon a public right-of-way. Such newsrack may not, however, be placed within any required setback area, or where otherwise prohibited by the zoning ordinance of the city. For purposes of application of the zoning ordinance to newsracks, a newsrack shall be deemed to be a structure.

(F) Termination of permit for failure to maintain current information. The applicant and the owner have a continuing duty to maintain current information enabling the Director to contact the applicant and the owner, and any representative or other responsible person, during the term of the permit. Any failure by the applicant or the owner to maintain current the information set forth in divisions (B)(1) and (B)(2) above shall constitute grounds for termination of the permit. Upon termination of any permit because of such failure to maintain current contact information, all newsstands for which the permit had been issued shall be deemed abandoned.

[Ord. 1216, 9-3-1997]

(A) No person shall install, use or maintain, or cause to be installed, used or maintained, any newsrack which projects onto, into or over any part of the roadway of any public street, or which rests, wholly or in part, upon, along or over any portion of the roadway of any public street.

(B) No person shall install, use or maintain, or cause to be installed, used or maintained, any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway when such installation, use or maintenance:

(1) Would endanger the safety of persons or property;

(2) Is on a site or location used for public utility purposes, public transportation purpose or other governmental purpose;

(3) Would interfere unreasonably with or impede the flow of pedestrian or vehicle traffic, including access to any legally parked or stopped vehicle;

(4) Would interfere unreasonably with or impede ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near the location; or

(5) Would interfere with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery.

[Ord. 1216, 9-3-1997]

Any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway shall comply with the following standards:

(A) No newsrack shall exceed 40 inches in height, 30 inches in width or 24 inches in thickness.

(B) Newsracks shall only be placed near a curb or adjacent to the wall of a building. Newsracks placed near the curb shall be placed no less than 18 inches nor more than 24 inches from the edge of the curb. Newsrack placed adjacent to the wall of a building shall be placed parallel to the wall and not less than six inches nor more than 18 inches from the wall. No newsrack shall be placed or maintained on a sidewalk or parkway opposite a newsstand or another newsrack.

(C) No newsrack shall be chained, bolted or otherwise attached to any property without the express written permission of the owner of such property. No newsrack shall be bolted or affixed to any city-owned sidewalk, utility pole or signpost whatsoever.

(D) Notwithstanding the provisions of § 97.133, no newsrack shall be placed, installed, used or maintained:

(1) Within ten feet of any marked mid-blocked crosswalk;

(2) Within 30 feet of any street or alley curb return;

(3) Within eight feet of any fire hydrant, fire call box, curb bordering any fire access lane, police call box or other emergency facility;

(4) Within ten feet of any driveway;

(5) Within five feet in front of or 25 feet behind any sign marking a designated bus stop;

(6) Within six feet of any bus bench or bus shelter;

(7) At any location whereby the clear space for the passage of pedestrians is reduced to less than four feet; or

(8) Within three feet of any area improved with lawn, flowers, shrubs or trees, or within three feet of any display window of any building abutting the sidewalk or parkway or in such manner as to impede or interfere with the reasonable use of such window for display purposes.

(E) No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or printed material sold therefrom.

(F) Each newsrack shall be maintained in a clean and neat condition and in good repair at all times.

(G) Each newsrack shall be constructed and located in compliance with this chapter and in such manner as to comply with all state and federal regulations concerning access by disabled persons.

(H) Each newsrack shall have affixed thereto in a place such information may be easily seen, the correct name, address and telephone number of the owner thereof. Upon acceptance of a newsrack permit, each permit shall be deemed to have consented to receive any notices given pursuant to this chapter, by mail, at the address affixed to such permitted newsrack(s).

(I) No newsrack permit shall be transferable without ten working days' prior notification to the city, complete contact information regarding the proposed transferee and continued compliance with the provisions of this chapter.

[Ord. 1216, 9-3-1997]

Publications offered for sale from newsracks placed or maintained on or projecting into or over a public right-of-way shall not be displayed or exhibited in a manner which exposes to public view from any public right-of-way any of the following:

(A) 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.

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

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

[Ord. 1216, 9-3-1997]

(A) Definitions. For purposes of this section, the terms "harmful matter," "matter," "person," "knowingly," "exhibit," and "minor" shall have the meanings specified in Cal. Penal Code § 313 or and successor provisions thereto. For purposes of this section, the term "blinder rack" shall mean opaque material placed in front of, or inside, the newsrack and which prevents exposure to public view.

(B) Prohibition. No person shall knowingly exhibit, display, or cause to be exhibited or displayed, harmful matter in any newsrack located in whole or in part in or on a public right of way or other public place from which minors are not excluded, unless blinder racks have been installed so that the lower two-thirds of the matter is not exposed to public view.

[Ord. 1216, 9-3-1997]

Whenever any newsrack is found to be in violation of this chapter, the Director shall cause a tag to be attached to such newsrack specifying the date and nature of the violation. Within three working days thereafter, a written notice of such violation shall be sent by first class mail be the Director to the owner whose name appears on the newsrack as required in § 97.137(H), specifying the nature of the violation and that the newsrack shall be impounded if corrections are not made. The owner shall, within ten working days from the date on which the notice of violation was mailed, either cause the violation to be corrected or request a hearing pursuant to § 97.141.

[Ord. 1216, 9-3-1997]

(A) If an owner fails to timely correct the violation(s) specified in the written notice, and fails to request a hearing within the time provided herein, the Director may impound such newsrack or newsracks.

(B) In the event a newsrack does not have the owner's name, address and telephone number affixed thereto as required by this chapter, then such newsrack may be impounded if, within ten working days of the date the violation tag was affixed, the owner has not requested a hearing as provided in § 97.141, in which case the newsrack shall be deemed to be abandoned.

(C) Where the installation, use or maintenance of a newsrack creates an immediate threat to the public health safety or welfare, it may be impounded, provided written notice is thereafter provided to the owner by first class mail pursuant to division (E) below.

(D) When such newsrack had been abandoned, it may be impounded. For purposes of this section, a newsrack shall be deemed abandoned when it has remained empty for 30 consecutive days or longer, or no new publication has been placed in the newsrack for 45 days longer. Upon abandonment, a newsrack may be impounded notice is given to the owner, if the owner can be identified, pursuant to division (E) below.

(E) Whenever any newsrack is impounded, the Director shall provide written notice by first class mail to the owner within three working days of such impoundment and of the rights of the owner to recover such impounded newsrack(s).

[Ord. 1216, 9-3-1997]

(A) Any newsrack, together with its contents, which has been impounded shall be returned to the owner:

(1) If a hearing is, not timely requested, upon receipt of an impound fee within 30 days of impoundment, amount of which has been set by resolution of the City Council;

(2) Upon a determination after hearing by the Director that the newsrack should not have been impounded and should be returned to the owner; or

(3) Upon a decision by the City Council on appeal that the newsrack should not have been impounded.

(B) In the event a hearing has not been requested within the time permitted, an impound fee, the amount of which has been set by resolution of the City Council, shall be imposed upon the owner.

[Ord. 1216, 9-3-1997]

The Director may sell or otherwise dispose of any newsrack, together with its contents, and retain the proceeds, on behalf of the city, from any such or other disposition and any moneys contained in the newsrack at the time of its impoundment, provided that either:

(A) Thirty days have elapsed since impoundment occurred, no hearing has been required within the time permitted and the owner has failed to pay all impound fees assessed; or

(B) A hearing and an appeal, if filed, have resulted in a final determination that the newsrack was properly impounded and fees assessed have not been received with in 30 days from the date of said final determination.

[Ord. 1216, 9-3-1997]

(A) Any newsrack owner may file a written request with the Director of a hearing within the time specified in § 97.137 for the purpose of demonstrating that a newsrack should not be impounded, was properly impounded, or that a violation as specified in the notice of violation has not in fact occurred.

(B) Within five working days from the date on which the request for hearing is received, the Director shall set a hearing date and shall notify the owner by first class mail of the date, time and place of such hearing. The hearing shall occur within ten working days of the date of mailing notice.

(C) Conduct of hearing. At the time set for the hearing or at the date to which the hearing is continued, the Director shall receive all evidence relevant to the occurrence or nonoccurrence of the specified violation(s), the compliance or noncompliance with any or all of the provisions of this chapter and any other relevant information. The hearing need not be conducted according to technical rules relating to evidence and witnesses.

(D) Within ten working days after the conclusion of the hearing, the Director shall find and determine, from the facts adduced at the hearing, whether the newsrack is in violation of this chapter. Any decision of the Director shall be in writing and shall contain findings of fact, a determination of the issues presented and the amount of the impound fee, if any, to be imposed. Thereafter, the Director may order the owner to remove such newsrack, of determined to be in violation of this chapter, within ten working days of the mailing date of the decision. If a notice of appeal is not timely filed during in ten day period, the Director may thereafter order the newsrack to be impounded without further notice to the owner.

(E) The Director shall send to the owner, a copy of the decision and order, by first class mail.

[Ord. 1216, 9-3-1997]

(A) Any newsrack owner may, within ten working days of the mailing state of the copy of the Director's decision and order, appeal; such decision to the City Council by filling a notice of appeal. If no hearing was timely requested and a newsrack was impounded, then the owner may appeal such impoundment provided a written request for appeal such is received by the Director with ten working days of such impoundment.

(B) An appeal shall set forth in writing specifically wherein the appellant believes there was error or abuse of discretion on the part of the Director. The Director shall, within ten working days, transmit the appeal, together with a copy of the file, decision and order, to be set for hearing.

(C) The City Council shall, upon receipt of the material specified in the preceding division from the Director, and after a hearing:

(1) Approve the decision and order of the Director;

(2) Reverse or modify the decision and order, and refer the matter back to the director; or

(3) Where no hearing before the Director was timely requested, sustain the impoundment or impose fees or order the newsrack returned with or without fees being imposed.

[Ord. 1216, 9-3-1997]

(A) In the event an owner removes any newsrack, or has a newsrack removed by the Director following hearing and/or appeal, if any, it shall be such owner's responsibility to restore the site of the newsrack to an undamaged condition. Undamaged condition shall mean a condition which is smooth, free of holes, fasteners, and physical devices of any nature such that another news rack may be located on that specific site without further restoration.

(B) In the event such newsrack permittee fails to restore the site as required herein, the city shall be authorized, at its discretion, to restore the site following the expiration of five working days' prior written notice to the owner stating his or her obligation to perform restoration. The cost of such restoration performed by the city shall be recoverable from the permit as a debt in a contract action.

Subchapter 7. Penalty

[1961 Code, § 18.67; Ord. 997]

Except as otherwise provided in the Vehicle Code, it is an infraction of §§ 97.100 through 97.110 for any person to violate or fail to comply with any local ordinance adopted pursuant to the Vehicle Code.