Lomita Municipal Code Ch. 12 General Hazards

Footnotes:

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Editor's note— Chapter 12, §§ 3-12.01—3-12.37, was added by § I of Ord. No. 443, adopted June 5, 1989. In many cases, the word "article" is used; however, since the chapter is not divided into articles, the editor has changed that word to "chapter" except in the definition given in § 3-12.01(b). As in other places in this Code of Ordinances, the word "ordinance" has been changed to "chapter."

(a) In General. Unless the provision or the context otherwise requires, the definitions in this section shall govern the construction of this chapter.

(b) Article. "Article" means an article of this chapter unless some other ordinance or statute is mentioned.

(c) Council. "Council" means the city council of the City of Lomita.

(d) City engineer. "City engineer" means the city engineer of the City of Lomita.

(e) Excavation. "Excavation" means any hole or depression in the ground or body of water created wholly or in part by artificial means, including excavation, dam, fill, or combination thereof.

(f) Parcel of Land. "Parcel of land" means a contiguous quantity of land, in the possession of, or owned by, or recorded as the property of, the same claimant or person.

(g) Party Concerned. "Party concerned" means the person, if any, in real or apparent charge and control of the object or premises involved, the person who, by the last-equalized assessment roll, appears to be the owner of the premises involved, the record owner, the holder of any mortgage, trust deed, or other lien or encumbrance of record, the owner or holder of any lease of record, the record holder of any other estate or interest in or to the object or premises.

(h) Person. "Person" means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, or any other group or combination acting as a unit.

(i) Shall and May. "Shall" is mandatory; "may" is permissive.

(j) Section. "Section" means a section of this chapter unless some other ordinance or statute is specifically mentioned.

(k) Police. "Police" means the city law enforcement organization.

(l) Superintendent. "Superintendent" means:

(a) The city engineer of the City of Lomita while enforcing sections 50241, 50242, 50243, 50244 and 40254 of the Government Code.

(b) The police while enforcing sections 50234 and 50236 of the Government Code.

(Ord. No. 443, § I, 6-5-89)

Every person making, maintaining or using, and every person owning or in control of the premises on which there exists, an oil well sump of any depth, or a sand and gravel pit, clay pit or similar excavation exceeding three (3) feet in depth shall erect and continuously maintain around such excavation at all places, if an oil well sump, and in other cases at all places where the slope exceeds one (1) foot vertical to one and one-half (1½) feet horizontal if not under water, or one (1) foot vertical to four (4) feet horizontal if under water, a fence complying with the requirements of this chapter.

(Ord. No. 443, § I, 6-5-89)

This chapter does not apply to:

(a) An oil well sump constantly and immediately attended while drilling operations are continuously proceeding.

(b) Harbors, marinas and artificial lakes exceeding one (1) acre in surface area used for recreational purposes.

(c) A temporary excavation for the installation of a public utility, if not abandoned.

(Ord. No. 443, § I, 6-5-89)

Note— See also § 3-12.10.

Fences required by this chapter shall be not less than six (6) feet high mounted on one and one-quarter (1¼) inch diameter galvanized steel posts with not less than three (3) strands of barbed wire mounted at a forty-five-degree angle from the top of the fence. The fence shall be constructed of chain link or other industrial type fencing of not less than eleven-gauge wire and of not greater than two-inch nominal mesh. The posts supporting the fence shall be set thirty-six (36) inches in a concrete base and shall be spaced approximately ten (10) feet apart. Tension wires of at least No. 9 gauge coil spring wire, or equivalent, shall be stretched at the top and bottom of the fence fabric and shall be fastened to the fabric at twenty-four-inch intervals. There shall be no aperture below the fence large enough to permit any child to crawl under the fence.

(Ord. No. 443, § I, 6-5-89)

Gates shall be of a structure of substantially the same dimensions, construction and design as the required fence and shall be kept locked when not attended by an adult.

(Ord. No. 443, § I, 6-5-89)

If the city engineer finds that any other type of construction has resulted in, or will result in, a fence or wall in all respects the equivalent in protection, strength and durability to a fence constructed as provided in section 3-12.04, such alternate type of construction may be used.

(Ord. No. 443, § I, 6-5-89)

Every person operating or maintaining an oil well shall cause all sumps, cellars and ditches which were used, or installed, or maintained for use in connection with any well and which have not been used for ninety (90) days for the operation of, or the drilling of, such well or any other well in the vicinity, to be cleaned out and all oil, rotary mud and rubbish removed therefrom.

(Ord. No. 443, § I, 6-5-89)

Every person who digs, drills, excavates, constructs, owns or controls, and every person owning or having possession of any premises on which exists, any oil or water well, test hole, cesspool, cistern, septic tank, seepage pit or similar excavation shall cap, close or otherwise protect the pit, or similar excavation in such a manner as to prevent persons from falling therein, and in such a manner that such capping, closing or other protection cannot be removed by accident or inadvertence, or such persons shall fill such well, cesspool or pit.

(Ord. No. 443, § I, 6-5-89)

Whenever any person fails or refuses to perform any act required by this chapter, the city may itself cap, cover or fill such well, or the city may follow the procedure provided for in sections 3-12.31 through 3-12.37.

(Ord. No. 443, § I, 6-5-89)

This chapter does not apply to:

(a) Wells, cesspools, cisterns, septic tanks, or seepage pits under construction when constantly and immediately attended by workers or other adult persons.

(b) Wells, pits or shafts less than three (3) feet in depth or with an opening not exceeding six (6) inches in diameter.

(c) Abandoned excavations covered by sections 24400, 24401 or 24402 of the Health and Safety Code.

(Ord. No. 443, § I, 6-5-89)

Note— See also § 3-12.03.

Every person who shall own or be in possession of any premises on which there is situated a swimming pool, fish pond, or other outside body of water created by artificial means, designed or used for swimming or other immersion purposes, by men, women, or children, any portion of which is two (2) feet deep or more and the surface area of the water in which does not exceed ten thousand (10,000) square feet shall erect and maintain on such lot or premises, and completely surrounding such body of water, lot or premises, a fence, wall or other structure, which fence, wall or other structure complies with the provisions of this chapter.

(Ord. No. 443, § I, 6-5-89)

Every person who owns, operates or maintains a private swimming pool for the use of himself, his family or friends in the City of Lomita shall post or display a sign or poster which is clearly visible from any point immediately adjacent to such pool, which is protected against the elements, and which describes and illustrates the proper procedures for giving both mouth-to-mouth and manual artificial respiration. Every such sign or poster shall also contain the following statements or information:

(a) A statement that in case of need, mouth-to-mouth or manual artificial respiration should be started immediately and should be continued until a physician arrives or until mechanical resuscitators are applied;

(b) The words "FIRE DEPARTMENT PARAMEDIC RESCUE UNIT" followed by the telephone number of the nearest fire department dispatcher serving the area;

(c) The location and telephone number of the nearest emergency hospital or other emergency treatment facility and of the nearest physician; and

(d) The telephone number of the nearest ambulance service.

(Ord. No. 443, § I, 6-5-89)

Every contractor or other person, firm, copartnership, association or corporation constructing any private swimming pool which is subject to the provisions of section 3-12.12 of this chapter, shall, upon completion of such swimming pool, erect a sign or poster which in all respects complies with the requirements of section 3-12.12.

(Ord. No. 443, § I, 6-5-89)

The fence, wall or other structure required by this chapter for swimming pools shall be not less than six (6) feet high, measured from the existing surface to the top of the fence or wall on the side of the fence or wall opposite the side towards the pool, with no openings except doors or gates, with an area greater than fifty (50) square inches, except that a rectangular opening having no horizontal dimension exceeding four (4) inches may have a greater area.

(Ord. No. 443, § I, 6-5-89)

Wood fences shall have posts not less than three (3) inches by three (3) inches, spaced not over ten (10) feet on centers, and embedded at least eighteen (18) inches into the ground. Posts, other than redwood, shall be treated with a preservative. Fencing shall be at least one-half inch in thickness and fastened securely to at least two (2) rails not less than two (2) inches by three (3) inches in cross section.

(Ord. No. 443, § I, 6-5-89)

Wire fences shall be constructed of wire mesh of not less than eleven-gauge galvanized steel wire supported on one and one-fourth (1¼) inch diameter galvanized pipe spaced not over ten (10) feet on center. Posts shall be embedded at least twelve (12) inches into concrete fill-in holes not less than six (6) inches in diameter and eighteen (18) inches in depth.

(Ord. No. 443, § I, 6-5-89)

Masonry fences shall be supported on a foundation of concrete extending not less than twelve (12) inches below grade, not less than twelve (12) inches in width, and not less than six (6) inches in thickness. Wall steel, when required, shall be embedded sixteen (16) diameters into the footing.

(Ord. No. 443, § I, 6-5-89)

If the city engineer finds that any other type of construction has resulted in, or will result in, a fence in all respects the equivalent in strength and durability to a fence constructed as provided in section 3-12.15, 3-12.16, 3-12.17 or 3-12.19, such type of construction may be used.

(Ord. No. 443, § I, 6-5-89)

All fences or walls exceeding six (6) feet in height shall comply with any applicable provisions of the city building and zoning codes.

(Ord. No. 443, § I, 6-5-89)

All gates or doors opening through the fence or structure protecting a swimming pool as required by this chapter shall be equipped with self-closing and self-latching devices not less than four (4) feet above grade capable of keeping such gate or door securely closed at all times when not in actual use.

(Ord. No. 443, § I, 6-5-89)

All doors or gates shall be of such size as to completely fill any opening in the fence or wall. The owner or person in possession of the premises on which such swimming pool exists shall keep such doors and gates closed and securely latched at all times when such swimming pool is not in use.

(Ord. No. 443, § I, 6-5-89)

This chapter does not apply to portable swimming pools which are so designed that the water in them can, at no time, exceed two (2) feet in depth but does apply to all other portable swimming pools.

(Ord. No. 443, § I, 6-5-89)

Any person owning, maintaining, operating or in possession of a pond or pool as defined in this chapter and who is in violation of this chapter, is guilty of a misdemeanor.

(Ord. No. 443, § I, 6-5-89)

The city council finds that there are numerous bodies of water, both natural and manmade, throughout the city which are a serious hazard to children and others because of their depth, size, vegetable growth therein, nature of soil, and for many other reasons. The council further finds that these bodies of water are attractive to children and that children will use them for boating, floating and bathing.

(Ord. No. 443, § I, 6-5-89)

Whenever any body of water, whether natural or manmade, or partially natural and partially manmade, is a hazard to children because of its size, depth, vegetable growth therein, nature of soil, or for any other reason, the council may declare by resolution such body of water to be a public nuisance and abate such hazard as provided in Article IX (beginning with section 50230) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code, the provisions of which article are incorporated by reference as a portion of this chapter.

(Ord. No. 443, § I, 6-5-89)

If such body of water occupies more than one (1) premises, the owner or person in possession of each such premises shall be responsible for the abatement of the nuisance which exists on the property.

(Ord. No. 443, § I, 6-5-89)

Gates shall be kept locked when not attended by an adult.

(Ord. No. 443, § I, 6-5-89)

Any person who discards or abandons or leaves in any place accessible to children any chest or box having a capacity of one and one-half (1½) cubic feet or more, which is no longer in use, which chest or box has an attached lid or door which may be opened or fastened shut by means of an attached latch, which has not had such door removed or the hinges and such portion of the lock mechanism removed to prevent latching or locking of the door, is guilty of a misdemeanor.

(Ord. No. 443, § I, 6-5-89)

This chapter does not apply to any refrigerator, icebox or deep freeze locker in current use. This article does not prohibit or cover any act prohibited by section 402(b) of the Penal Code of the State of California or by any other state statute.

(Ord. No. 443, § I, 6-5-89)

If the police find any chest or box in violation of the provisions of this chapter, they may remove the latch so that such chest or box cannot be fastened shut or remove such chest or box to a place not accessible to children. Neither of such actions bars a prosecution for violation of this chapter.

(Ord. No. 443, § I, 6-5-89)

Whenever any person fails or refuses to perform any act required by this chapter, the council may proceed as provided in Article IX (beginning with section 50230) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code.

(Ord. No. 443, § I, 6-5-89)

Whenever section 50236 of the Government Code or any other provision in that same article refers to "abandoned excavation," in the case of oil well sumps, excavations covered by this chapter but not abandoned, swimming pools, and water hazards, the appropriate word or words "oil well sump," "excavation," "swimming pool," "water hazard" or other appropriate word or words shall be substituted.

(Ord. No. 443, § I, 6-5-89)

Except in the case of an abandoned excavation as defined by section 50230 of the Government Code, the council may appoint a referee to hold any hearing required by this chapter.

(Ord. No. 443, § I, 6-5-89)

Where a referee has held a hearing pursuant to this chapter, the council may act upon the findings and recommendations of the referee.

(Ord. No. 443, § I, 6-5-89)

A person owning, having possession of, or in control of any oil well shall not maintain or allow to exist thereon any moving parts or machinery in use and/or operable at such oil well unless such machinery or moving parts are securely enclosed by a fence complying with the provisions of section 3-12.04 or 3-12.06 or screening or housing sufficient to prevent the entry of unauthorized persons. If a fence is equipped with gates, such gates shall comply with section 3-12.05. A single fence, screen or housing may be used to enclose more than one (1) oil well.

(Ord. No. 443, § I, 6-5-89)

The requirements of section 3-12.35 do not apply if a competent person is in constant attendance twenty-four (24) hours per day at each oil well.

(Ord. No. 443, § I, 6-5-89)

Any person owning, maintaining, operating or in possession of hazardous oil well machinery as defined in this chapter and who is in violation of this chapter is guilty of a misdemeanor.

(Ord. No. 443, § I, 6-5-89)