Larkspur Municipal Code Ch. 15.24 Hauling Excavated Material

It is unlawful for any person, firm or corporation to strew, place or litter upon or across any public street, sidewalk or other public place within the City, or upon or within any gutter, drain or watercourse, any debris, rock, dirt, garbage or other substance which shall in any manner interfere with or impede the flow of pedestrian or vehicular traffic thereon or thereover, or the flow or movement of rain or other surface waters therein and thereon or which shall or may disfigure or render unsightly any public place or watercourse or which shall or may result in the placement of any such debris, rock, dirt or other substance upon any such street or sidewalk which shall in any case exceed a depth of one-sixteenth of an inch or which shall or may render the surface thereof slippery or diminish the normal traction or friction available to pedestrians or vehicles using the same in either dry or wet weather. (Ord. 1005 § 5, 2015; Ord. 696 § 2 (part), 1983; Ord. 215 § 1, 1952)

It is a fact that all excavations of earth or dirt exceeding fifty (50) yards in amount and within fifty (50) feet of any public road or sidewalk threaten to litter and otherwise endanger public property and to cause a violation of Larkspur Municipal Code Section 15.24.010 and Larkspur Municipal Code Chapters 9.11 and 9.12. It is also a fact that the normal seasonal rainflow tends to and commonly does cause disturbed earth arising from such excavation to be washed and to go upon such public streets and highways, and thereby to endanger traffic thereon. Furthermore it is a fact that the removal of earth and dirt through excavation and through hauling in trucks and other conveyances, upon or along public streets, tends likewise to litter such public streets and to cause or bring about a violation of Larkspur Municipal Code Section 15.24.010 and Larkspur Municipal Code Chapters 9.11 and 9.12. (Ord. 1005 § 5, 2015; Ord. 696 § 2 (part), 1983; Ord. 215 § 2, 1952)

It is unlawful for any person, firm or corporation to excavate or remove any dirt or rock from any location or place, either without or within the City of Larkspur, and to cause the same to be hauled along or upon any public street within the City of Larkspur, if such dirt shall exceed in quantity fifty (50) cubic yards and if the same is hauled along, upon or over such public street or streets within any consecutive period of ten (10) days, without first having procured from the City of Larkspur a permit therefor under the provisions of Larkspur Municipal Code Section 15.24.040. The issuance of the permit is contingent upon complying with Larkspur Municipal Code Chapter 9.11. (Ord. 1062 § 14, 2022; Ord. 1005 § 5, 2015; Ord. 696 § 2 (part), 1983; Ord. 215 § 3, 1952)

Any person desiring or proposing to haul along, upon or over any public street in the City of Larkspur any dirt or fill material exceeding in quantity fifty (50) cubic yards, within or during any consecutive period of ten (10) days, is required and shall apply to the Director of Public Works of the City of Larkspur, prior to the commencement of any such hauling, for a permit to so haul or move the same. Upon making application for such permit the applicant shall state the location of the source of the dirt, earth or fill material and the point which it is intended to haul the same, and shall likewise state in writing the character of the trucks or other facilities which they propose to use in such operation. The application shall address erosion and sediment control requirements including the development of an ESCP as required by Larkspur Municipal Code Section 9.11.100. With such application such applicant shall file a bond in favor of and running to the City of Larkspur, in the amount of not less than one thousand dollars ($1,000.00), under and pursuant to which the applicant shall guarantee to clean up and to remove from all public streets and other public places all litter, rock, dirt and other debris which may be placed upon such public streets or public places in connection with such operation, and likewise to repair all other injury which such hauling operation may cause to such public streets and public places in the City of Larkspur in connection with such operation. Said bond shall be subscribed by the applicant and by a corporate surety or by two (2) personal sureties found satisfactory by the Director of Public Works. Such bond shall be in the sum of one thousand dollars ($1,000.00) or more, and shall provide that in the event such clean up and repair work shall not be performed within a period of thirty (30) days after the completion of such hauling, or within a period of sixty (60) days after the commencement thereof, whichever shall be sooner, then and in such event the whole principal amount of such bond shall be forfeited and shall be paid to the City of Larkspur for use by such City in accomplishing such clean up and repair work. The Director of Public Works of the City of Larkspur is authorized and directed to issue such permit upon receiving such application and bond. (Ord. 1062 § 14, 2022; Ord. 1005 § 5, 2015; Ord. 696 § 2 (part), 1983; Ord. 215 § 4, 1952)

No employee or independent contractor who shall excavate upon or remove or disturb any rock, dirt or fill material upon any private property, or who shall place any rock, dirt or fill material upon any private property, shall be deemed to have thereby violated any of the provisions of this chapter if and so long as they shall have complied with the directions and instructions of any owner, tenant or other person having any interest in said property, in such activities. In such case the only person who shall be held liable or responsible for such activity shall be the owner, tenant or other person having an interest in such realty who shall have ordered, procured or directed the same. Nothing contained in this section shall be deemed or construed to relieve any employee or independent contractor from liability or responsibility for littering any street or other public place or for causing any such material to go or be upon any street or other public place, if such littering or movement onto such street or other public place shall occur at any time while such employee or independent contractor is engaged in such excavation, fill or other work or activity. (Ord. 1062 § 14, 2022; Ord. 696 § 2 (part), 1983; Ord. 215 § 5 (a), 1952)

If and when any bond is filed under the provisions of Larkspur Municipal Code Section 15.24.040, any person obligated thereon may apply to the Director of Public Works of the City of Larkspur at any time after the completion of the work or movement of material, for a release of such bond and for the discharge of the persons obligated thereon. The Director of Public Works is hereby authorized, after having made a personal inspection thereof, to release such bond and to discharge the persons obligated thereon. The Director of Public Works shall not so release or discharge unless and until they are satisfied that there has been no violation of this chapter in connection with the operations referred to in the bond. The finding and determination of the Director of Public Works upon such matters, and their action in giving any release or discharge, shall be final and conclusive on all parties; provided, however, that any person dissatisfied with the determination of the Director of Public Works upon such matters may at any time within sixty (60) days thereafter appeal such determination to the City Council of the City of Larkspur, and in such case shall be entitled to a public hearing thereon, together with and including the right to present evidence and have a determination of fact made by said City Council. In any such case the City Council may affirm or reverse the action of the Director of Public Works and may adhere to their decision and require enforcement of the bond, or discharge the bond and the persons obligated thereon, as the evidence and facts may justify. (Ord. 1062 § 14, 2022; Ord. 696 § 2 (part), 1983; Ord. 215 § 5 (b), 1952)

If and whenever the City of Larkspur has recourse to any such bond, the sum to be forfeited to the City shall not be deemed a penalty, nor shall any portion of the principal amount of the bond or of the payment to the City, be retained beyond the actual cost and expense of performing or correcting the default or violation, cleaning the streets or public places and repairing the damage or injury done thereby. Any surplus remaining on hand after accomplishing these things shall be returned to the person or persons who shall have made the deposit or forfeiture. The City Council shall in any such case find and determine the amount of such cost and expense, and shall direct such refund to be made. For this purpose the Director of Public Works shall make a written report to the City Council upon completion of any such cleaning or performance or repair work, and the City Council shall make its determination thereon at the earliest practical time after receiving such report. Any person dissatisfied with any decision or finding of the Director of Public Works or City Council pertaining to this section shall be entitled to a public hearing thereon upon making written demand therefor and shall be heard and entitled to present evidence upon each and all of such matters at the next succeeding regular meeting of the City Council. After the presentation of such matters upon any such public hearing, the finding and decision of the City Council thereon shall be final and binding upon all persons. (Ord. 696 § 2 (part), 1983; Ord. 215 § 5(c), 1952)

No person shall dump, move or place any earth, sand, gravel, rock, stone or other excavated material so as to cause the same to be deposited upon or to roll, flow or wash upon or over the premises of another without the express consent of the owner of such premises so affected, or upon or over any public place or way. (Ord. 696 § 2 (part), 1983; Ord. 662 § 4, 1981)

Any person, firm or corporation who shall violate any provision of this chapter is guilty of an infraction and, upon conviction thereof, shall be punished as specified in Larkspur Municipal Code Section 9.24.070. (Ord. 1069 § 2, 2023; Ord. 723 § 13, 1985; Ord. 696 § 2 (part), 1983; Ord. 662 § 3, 1981; Ord. 215 § 6, 1952)