Lomita Municipal Code Art. 1 In General

The following regulations, in addition to any other regulations imposed by this Code or by state law, shall apply to all business licenses and trades licensed under the provisions of the business license law.

An ambulance operator shall keep in full force and effect at all times (and file a certificate of that fact with the city clerk) a policy of liability insurance not less than the sum of one hundred thousand dollars ($100,000.00) for injury to any one (1) person or the death of any one (1) person in any one (1) accident, and the sum of three hundred thousand dollars ($300,000.00) for the injury of two (2) or more persons, or death of two (2) or more persons, or the injury to one (1) person or more in any one (1) accident and in the sum of twenty-five thousand dollars ($25,000.00) for injury or destruction of property in any one (1) accident. The insurance policy required before an ambulance permit is issued shall provide that the same shall not be cancelled unless a five-day written notice thereof shall be first given to the city clerk.

An ambulance operator shall not give directly or indirectly or cause to be given any rebates, commissions, reserve rebates, or any reduced rates or cash discounts to any person or persons or groups of any nature.

An ambulance operator shall charge those rates specified in the permit for services rendered.

The words "ambulance operator" do not include a person who maintains ambulances for the use of his own employees in connection with the operation by such person of a plant, hospital or first aid station for such employees.

"Automobile repair shop" does not include any place where only the following work is done:

(a) Tire changing or tire repairing.

(b) Lamp globe or lamp changing.

(c) Fan belt changing.

(d) The charging or changing of batteries.

(e) Work only for an automobile repairer and not the owner of the motor vehicle.

(f) Fitting and replacing glass in motor vehicle windows.

(g) Cutting and fitting seat covers.

(h) Installation of such minor parts or the making of such trivial repairs as is customarily done as an incident to the business of selling motor fuel, oil, or accessories.

Every repairer shall keep a record upon forms prescribed by the law enforcement agency, of the repairs on every motor vehicle where there is physical evidence of a wreck or collision.

Every repairer shall keep a record upon forms prescribed by the law enforcement agency, of every repair of a motor vehicle for which a charge of five dollars ($5.00) or more is made.

Every repairer shall keep a record upon forms prescribed by the law enforcement agency of the name and address of every person from whom secondhand parts were obtained. Such persons shall sign such records. The repairer shall require such persons to sign such records.

Every repairer shall keep a record on forms prescribed by the law enforcement agency, of all motor changes, frame changes, body changes, and the serial and factory numbers of all radios which he installs.

For a period of not less than one (1) year after the completion of the work, a repairer shall make available to inspection by the law enforcement agency or by any other peace officer during business hours all records required by this article.

Upon the demand of such person, a repairer shall furnish an itemized statement of parts and labor used in repairing any motor vehicle and of the charges made therefor, to:

(a) The legal owner of such motor vehicle.

(b) The registered owner of such motor vehicle.

(c) The insurer of such motor vehicle or of the legal or registered owner or operator thereof.

Whenever a repairer uses any secondhand parts in repairing or altering any motor vehicle, such repairer shall so inform the person for whom he is performing such repair or alteration, and shall so state upon any bill rendered and upon any record required by this ordinance.

Every repairer shall maintain upon the front of his place of business, a sign displaying in plainly legible letters his name or any fictitious name under which he conducts his business.

Every auto wrecker shall keep records upon forms prescribed by the law enforcement agency and made and given in the manner prescribed by the law enforcement agency of the required information relative to automobiles wrecked, dismantled, purchases, pledges or consignments.

No owner, manager, proprietor or other person having charge of any billiard room or pool hall shall keep the same open or allow or permit the same to be kept open or allow or permit any game to be played therein from 2:00 a.m. until 6:00 a.m. of any day, or allow or permit any person except such owner, manager, proprietor or person in charge thereof, or the servants regularly employed in and about the same, to be or remain therein between the hours aforesaid.

No owner, manager, proprietor or other person in charge of any billiard room or pool hall shall allow or permit any intoxicated, quarreling or disorderly person or persons to be or remain in such place.

No owner, manager, proprietor or other person in charge of any billiard room or pool hall shall allow or permit any person under the age of eighteen (18) years to be, remain in, enter or visit such place unless such minor person is accompanied by one (1) of his parents, or by his legal guardian if he has no parent living.

A person under the age of eighteen (18) years shall not be, remain in, enter or visit any billiard room or pool hall unless such minor is accompanied by one of his parents, or by his legal guardian if he has no parents living.

Minors over the age of eighteen (18) years, unless otherwise prohibited by state law may remain in, enter or visit any public billiard room or pool hall in which any alcoholic beverage is sold or dispensed or offered for sale provided however that no person under the age of eighteen (18) years shall be in, remain in, or enter or visit any such public billiard room or pool hall in which any alcoholic beverages are sold or dispensed or are offered for sale.

Every owner, manager, proprietor or other person in charge of any billiard room or pool hall in which any alcoholic beverage is sold or dispensed or offered for sale shall prohibit and prevent every person under the age of eighteen (18) years from being in, remaining in, entering or visiting such public billiard rooms. This section shall not pertain to minors between the ages of eighteen (18) and twenty-one (21) years unless said activity is otherwise prohibited by state law.

A person shall not maintain any billiard room or pool hall, or similar place of business to which the public is invited, or any social billiard club, where there is placed, constructed or maintained any screen, partition, barrier, closet, alcove or object which may obstruct the visibility of any part of such establishment except rest rooms:

(a) From the street or sidewalk, if such establishment is located on the ground floor.

(b) From the entrance of any establishment which is located either entirely below the level of the street or sidewalk or on the second or higher floor of any building or other structure.

No cafe, food establishment, public eating place or hawker shall remain in business or operate any business or cafe or food establishment or public eating place or hawking business within the City of Lomita unless he has in effect a permit from the city health officer for conducting the same.

(a) Attendance of minors—To be accompanied by parent or guardian. A minor person under eighteen (18) years of age shall not enter, be or dance in any public dance or club dance unless accompanied by his parent or legal guardian. Every parent or guardian of a minor under eighteen (18) years of age, and the proprietor or person in charge of any public dance or club dance shall prevent any such minor person from entering, being or dancing in any public or club dance unless accompanied by his parent or legal guardian.

(b) Same—Exception when in combination with eating places. The foregoing subsection (a) does not prevent a minor person under the age of eighteen (18) years from being in a bona fide hotel, cafe or other place where meals are regularly served, where a public dance is being held, in the event that such minor does not participate in the dancing therein.

(c) Same—Additional exceptions. Subsection (a) does not apply to:

(1) Any place wherein classic dancing is the principal subject taught.

(2) Any teen-age dance for the holding of which a license has been granted pursuant to the provisions of this chapter and which is conducted in full compliance with the provisions of this chapter.

(d) Attendance of intoxicated persons. Any person who is intoxicated or in an intoxicated condition shall not appear in or be in any place in which there is any dancing while such dancing is in progress pursuant to any license issued pursuant to this chapter. A person who conducts or assists in conducting any such dance shall not permit any intoxicated person, or person in an intoxicated condition, to appear, be or remain at such place while such dance is in progress.

(e) Hours. A person shall not conduct or assist in conducting any public dance, public dance hall or club dance between the hours of 2:00 a.m. and 6:00 a.m. on any day.

(f) Sale or service of alcoholic beverages—Responsibility of permittee relative to minors. A permittee shall not permit or allow any person under the age of twenty-one (21) years to be in any public dance hall or any public dance or club dance when alcoholic beverages are sold or served in the building or on the premises where such public dance or club dance is being held or in which such public dance hall is situated, except when such person is accompanied by a parent or spouse over twenty-one (21) years of age.

(g) Same—Minors prohibited; exception. A person under the age of twenty-one (21) years shall not be in any public dance hall or any public dance or club dance when alcoholic beverages are sold or served in the building or on the premises where such public dance is being held or in which such public dance hall is situated, except when such person is accompanied by a parent or spouse over twenty-one (21) years.

(h) Report by owner or lessor of premises. The owner, lessor, agent or other person who rents or leases any premises for the purpose of conducting any dance therein, except a dance for the conduct of which a permit has been issued pursuant to this chapter, before such dance, shall file a report to the city law enforcement office showing:

(1) The name and address of the lessor of such premises.

(2) The name and address of the person who is giving such dance and who is responsible for the conduct of such dance.

(3) If the dance is to be given by an organized group, the name and address of such group, firm, corporation or other organization.

(i) Teen-age dances—Persons over twenty-one not to attend; exception. A person twenty-one (21) years of age or over shall not attend any teen-age dance as a participant. This section does not prohibit the attendance of chaperons or sponsors who do not participate in dancing.

(j) Same—Adult sponsor required. A permit for a teen-age dance shall be issued only to an adult-sponsoring group which has been approved by the city council and/or city clerk.

(a) Signs—Required; visibility from street; contents and changes thereof. Every person, firm, partnership, association, trustee or corporation which owns, operates, manages, leases or rents a gasoline service station or other facility offering for sale, selling or otherwise dispensing gasoline or other motor vehicle fuel to the public from such a facility abutting or adjacent to a street or highway shall post or cause to be posted or displayed and maintain at said premises at least one (1) sign, banner or other advertising medium which is clearly visible from all traffic lanes in each direction on such street or highway.

Each said sign, banner or other advertising medium shall be readable from said traffic lanes and shall indicate thereon the actual price per gallon, including all taxes, at which each grade of gasoline or other motor vehicle fuel is currently being offered for sale, sold or otherwise dispensed, if at all, at said facility on said date.

Each said sign, banner or other advertising medium shall accurately indicate thereon the minimum and maximum limits, if any, of gasoline or other motor vehicle fuel which will be sold thereat to any one (1) purchaser at any one (1) time for use in a motor vehicle, and a sign shall set forth the hours and days said service facility will be open to the public for said purpose, if fuel is available.

No changes in such availability of gasoline or other motor vehicle fuel shall be made with respect to the hours or days the facility will be open as above provided, or as to maximum or minimum limits on amounts to be sold, without such change or changes being first shown on such posted sign, banner or advertising medium.

(b) Same—False advertising. No person, firm, partnership, association, trustee or corporation which owns, operates, manages, leases or rents a gasoline service station or other facility offering for sale, selling or otherwise dispensing gasoline or other motor vehicle fuel to the public shall advertise, either in connection with any signs, banners or other advertising medium utilized to satisfy the requirements of this section, or otherwise, the price of any grade of gasoline or other motor vehicle fuel which is not immediately available to be sold or dispensed to the public at said premises.

(c) Same—Compliance with state law. Each sign, banner or other advertising medium posted, displayed or maintained pursuant to the requirements of this section shall not be inconsistent with the provisions of article 8 of chapter 7 of division 8 (section 20880 et seq.) of the State of California Business and Professions Code.

(Ord. No. 164, § 1, 3-18-74)

Editor's note— Ord. No. 164, § 1, adopted March 18, 1974, being nonamendatory of this Code, was included herein as § 6-4.07.5 at the discretion of the editors.

Hawkers and vendors of food products as defined in subsection 6-3.06(h) of this title, and not expressly excluded thereunder, shall not between the hours of 8:00 p.m. and 8:00 a.m. operate any sound-amplifying equipment within the City of Lomita. Sound-amplifying equipment as used herein means any machine or device for the amplification of the human voice, music or any other sound, including radios, horns, bells or other sound or musical devices used for the purpose of attracting customers to said vehicle or vendor.

Cross reference— Use of sound-amplifying equipment for commercial advertising regulated, §§ 4-1.25—4-1.27; noise regulations generally, title IV, ch. 4.

(a) Curb house numbers. No person shall place or cause to be placed or painted upon any public curb any house number unless a permit to do so has been first obtained from the city clerk and unless the consent of the owner or the occupant of the property immediately adjacent thereto has been first obtained and said house numbers so placed on the curb are in black paint in figures of the size of three (3) inches in height and impressed upon a white background of the size of five (5) by eleven (11) inches.

(b) Identification card. Every person so painting or placing numbers on curbs as allowed herein must at all times while engaged in said activity have in his possession a valid, unrevoked identification card issued by the city clerk stating his name and address, the name and address of the permittee or licensee and the date of expiration of said license.

Every locksmith must keep a book which shall be open to inspection of the law enforcement agency at all times in which the following must be entered:

(a) Name and address of every person for whom a key is made by code or number.

(b) Name and address of every person for whom a locked automobile, building, structure, house or store, whether vacant or occupied, is opened and a key provided therefor.

In addition, it shall be unlawful for any locksmith to fail to stamp the serial number of his permit upon any key made, repaired, sold or given away by him.

Editor's note— Ord. No. 648, § 1, adopted Sept. 16, 2002, deleted § 6-4.10, which pertained to massage of opposite sex prohibited. Similar provisions have been codified as title VI, ch. 8, §§ 6-8.02—6-8.90.

(a) Personnel. The operator of a patrol system shall neither employ nor utilize the services in any way of a patrolman whose name is not on the license of such operator or who does not possess a valid subsisting license.

(b) License not to be sold. The holder of a patrol system license shall not sell or offer to sell any transfer or relinquishment of the privilege to operate a patrol system in territory assigned to him or for any consideration whatever agree to advocate or not to oppose the granting of any other patrol system license.

(c) Change in personnel. The holder of a license to conduct a patrol system shall so inform the city clerk within five (5) days after any patrolman no longer is an owner, member or employee of such licensee, and shall return the license and badge of such patrolman to the law enforcement agency. The city clerk shall remove such patrolman's name from the license of such patrol system.

(a) Badge. Patrolmen shall wear such badge as shall be designated or issued by the law enforcement agency and shall pay in addition to all other fees under this title such fees under such arrangements as shall be designated by the law enforcement agency. A patrolman shall wear no badge other than that issued or approved by the law enforcement agency. A patrolman shall turn in his badge and license to his employer when his license has been revoked. A patrolman shall turn in his badge and license to his employer when his license has been revoked. A patrolman shall turn in his badge and license to his employer when he ceases to be employed as a patrolman.

(b) Change of employer. Upon written application by licensed patrolmen accompanied by the written application of the patrol system which proposes to employ such patrolman, and upon satisfying the city clerk by competent evidence that such patrolman is, or will be no longer employed by the patrol system formerly employing such patrolman, the city clerk may modify the patrolman's license or permit so as to designate the new employer and may modify the license or permit of the patrol system by removing such patrolman's name from the one permit and adding it to the other.

(c) Revocation upon termination of employment. Unless a patrolman applies to have his license modified as provided in subsection (b) hereof, the city clerk shall revoke the license or permit of any patrolman when he is no longer employed by the Patrol System named in his permit or license.

(d) Illegal activities. A patrolman shall not, either by himself or through the actions of another, harass, annoy, or commit a nuisance against, or injure the property of, or unnecessarily enter or otherwise trespass upon the property of any person whose property the patrol system of such patrolman is not employed to protect.

(e) Equipment. The law enforcement agency shall specify the police equipment, including weapons which a licensee may wear while on duty. A licensee shall not wear any equipment or weapon or carry any weapon not so specified.

(f) Uniform. A patrolman shall not wear any uniform which is in limitation of, or can be mistaken for, an official law enforcement agency uniform or an official police uniform of the police force of any city within the County of Los Angeles, or an official uniform of any state officer.

(g) Identification to be carried. While engaged in his duties as such, a patrolman shall keep upon his person at all times, his license and shall wear the badge issued by the law enforcement agency, and shall wear no other badge of any kind, character or description, except a badge issued to him by lawful governmental authority.

(h) Rank and title. A patrolman shall not assume or use a rank or title the same as or similar to any rank or title used by the law enforcement agency or by any police department within the County of Los Angeles.

(i) Badge not to be transferred. A person shall not give, deliver to, or sell any patrolman's badge or any badge of a design the same as, or so similar to the patrolman's badge as to be mistaken therefor, to any private person.

(j) Unauthorized ownership. A person shall not purchase or receive as a gift, pawn, or pledge any patrolman's badge.

(k) Duty to report. Licensees shall not perform official police or investigation activities, but shall immediately report every violation of law and every unusual occurrence to the nearest law enforcement agency or police substation. A licensee shall make a full report of such violation or other occurrence without unnecessary delay to such substation.

(a) No person shall erect, move, alter, change, repair, place, suspend, attach or maintain or cause or permit to be erected, moved, altered, changed, repaired, placed, suspended, attached or maintain any sign, street clock, street bulletin, street banner, on, over, or above any public street or sidewalk without first obtaining a permit from the city clerk to do so.

(b) No person shall exhibit, post or display upon any sign or billboard any statement, words or signs of any obscene, indecent or immoral nature, or any picture, illustration or delineation of any human figure in such detail as to offend public morality or decency; or lewd, lascivious act, matter or thing of an obscene, indecent or immoral nature, or offensive to the moral sense; or any murder, suicide, robbery, holdup, shooting, stabbing, clubbing or beating of any human being, wherein any such act is shown in gruesome detail or in a revolting manner, or in any manner objectionable to the moral sense.

(c) No person shall scatter, daub or leave any paint, paste, glue or other substance used for painting or fixing advertising matter upon any public street or sidewalk or scatter or throw or permit to be scattered or thrown any bills, wastepaper, paper, cloth or materials of whatsoever kind removed from billboards on any public street or on private property.

(d) No person except a public officer or employee in the performance of a public duty, or a private person in giving a legal notice, shall paste, post, paint, print, nail or tack or otherwise fasten any card, banner, handbill, sign, poster, advertisement or notice of any kind upon any property without the consent of the owner, holder, lessee, agent or trustee thereof.

(a) Hours. A pawnbroker shall not, and an agent or employee of a pawnbroker shall not accept any pledge, or loan any money on personal property, or purchase or receive goods, wares, or merchandise or any article or thing whatsoever, or in any manner whatsoever engage in or conduct business of pawnbroker between 7:00 p.m. of any day and 7:00 a.m. of the following day.

(b) Records. Every pawnbroker shall keep a record upon forms prescribed by the law enforcement agency and in the manner as prescribed by the law enforcement agency of all purchases and sales for the purpose of recording and furnishing the law enforcement agency with the required information relative to purchases, pledges or consignments. These records or forms shall be delivered to the law enforcement agency in the manner and at the time required by the law enforcement agency. Such forms shall contain a full, true and complete report of all goods, wares and merchandise or other things received on deposit, pledge or purchase during that day.

(a) No person shall conduct a rummage sale without first obtaining a permit from the city clerk so to do.

(b) No person shall conduct a rummage sale for any consecutive period exceeding four (4) days nor more than once within any six-month period.

(c) No premises or location may be used as a site for a rummage sale in excess of four (4) times during any twelve-month period.

(d) In consideration of the cost of investigation, the permit fee set forth in section 6-3.04, above, shall not apply, for the purpose of this section, to organizations having their principal and permanent meeting place within the City of Lomita. For the purpose of this section, the principal and permanent meeting place shall be determined by the physical location of the meeting of the governing body of the organization at which normal business affairs are conducted.

In addition to other provisions of this chapter, secondhand dealers, auctioneers, junk dealers, pawnbrokers and operators or owners of every swap meet shall be subject to the following provisions and none of the foregoing shall violate the same.

(a) [Buy-form.] Each of the foregoing shall at the close of each day mail to the law enforcement agency of the city the "buy-form" or other form as required by said law enforcement agency for the purpose of recording and furnishing by said person to said law enforcement agency required information relative to purchases, pledges or consignments. Such forms shall contain a full, true and complete report of all goods, wares, merchandise, or other things received on deposit, pledged or purchased during that day, except household furniture, used tires, used batteries, where the foregoing accepted items were taken in part payment for new items thereof, and except merchandise originally sold new by said person and subsequently taken as a trade-in or other merchandise sold by the same person, and shall also contain other information which the law enforcement agency may reasonably require where the same will assist said agency in the detection of stolen property.

(b) [Positive identification required.] Every such person shall enter upon the "buy-form" positive identification furnished by the seller, pledgemaker, or consignee, such as a driver's license number, work badge number, auto or truck license number, junk collector's business license number, in addition to the individual's true name and address. In lieu of the positive identification, the licensee shall require the seller, pledgemaker or consignee to furnish a plain impression print of his right index finger, or next finger in the event of amputation, upon the face side of the original sheet of the "buy-form".

(c) [Seller to provide information.] Every person who sells, pledges or consigns any property to a secondhand dealer, auctioneer, junk dealer, pawnbroker, or owner or operator of a swap meet in the course of said business, except household furniture, used tires, or used batteries, taken in part payment for new tires or new batteries, and except merchandise originally sold new by the aforementioned business licensees and subsequently taken as a trade-in on other merchandise sold by the same business licensees, shall furnish true, positive identification to the business licensee by which such person can be located by the sheriff.

(d) [Recordkeeping.] Every such business licensee as aforementioned shall preserve for a period of at least two (2) years copy of said form which shall be a carbon copy record of the original writing furnished to the law enforcement agency.

(e) Holding goods until report made. Secondhand dealers, auctioneers, junk dealers, pawnbrokers and owners and operators of swap meets shall not melt, destroy, sell or otherwise dispose of any article, goods, wares, merchandise, or thing obtained or used in said business where a report of the acquisition of the same has been required until fourteen (14) days after making a report to the law enforcement agency as hereinbefore required and until said time has so elapsed said business licensee shall not clean, alter, repair, paint or otherwise change the appearance of said articles.

(f) Release of goods. The law enforcement agency may release any property held during said period if satisfied that such property is in the lawful possession of said business licensee. In addition the law enforcement agency may place a "hold order" upon any such property so held during said period by such a business licensee where the said law enforcement agency has reasonably determined that said property may be stolen, which said hold order shall not exceed a period of ninety (90) days and upon release of such hold order the business licensee shall keep a true record of such property and include therewith the true name and address of the person to whom such property was sold or any other method of disposition. No person shall sell, destroy or otherwise dispose of any property while subject to such a hold order.

(g) Exemptions. The aforementioned provisions in respect to the destruction, sale or disposal of property shall not apply to the following:

1. Property purchased from a business licensee holding a similar city license if in the sale of such property said business licensee had complied with all of the provisions of this chapter, except in the case of purchases made by junk dealers from junk collectors.

2. Property purchased on a bill of sale or invoice from a regularly established place of business which has been dealing in that type of article for not less than two (2) years.

3. Purchases or sale by junk dealers or junk collectors of rags, bottles, other than milk or cream bottles, secondhand sacks, other than cement sacks, barrels, can shoes, lamps, stoves, or household furniture (with the exception of sewing machines and musical instruments) or the purchase or sale by secondhand dealers of household furniture, with the exception of sewing machines, all musical instruments and typewriters. This exemption shall also exempt the foregoing from the provisions of subsection (d).

(a) Unlawful activity. It is unlawful for any person within the City of Lomita to engage in the activity of soliciting as defined in chapter 1 of this article unless said person has a valid permit to do so issued by the City of Lomita in accordance with the terms and provisions of this article and said person has upon his person or with him an identification card showing the existence of such a valid permit. It is unlawful for any person engaged in the activity of solicitation as defined in this article within the City of Lomita to fail or refuse to display or show said identification card upon demand for the display of the same by any law enforcement agent of the City of Lomita or by any person being solicited by said solicitor.

(b) Soliciting. No person without first having applied for and received a permit and identification card showing the existence of such a valid permit from the city manager as provided in this part shall make any appeal to the public for a charity or charitable or religious purpose, either by soliciting as defined by chapter 1 of this article or collecting gifts, contributions, donations or subscriptions or by promoting or conducting any sale, bazaar or exhibition or by any other means whatsoever at any place or to any person in the city.

(c) Selling or soliciting tickets. No person without first having applied for and received a permit from the city manager as provided in this part shall sell or solicit for or on behalf of any person, firm, association or corporation, by telephone or otherwise, for the sale of any ticket or right to admission to any amusement, show, entertainment, lecture or other enterprise not regularly carried on for private profit or gain by such person, firm, association or corporation at a fixed place of business in the city, or solicit any contribution or gift in connection with any such amusement, show, entertainment, lecture or other enterprise where such sale or solicitation is for other than a charitable purpose and is made to persons other than the bona fide members of the firm, association or corporation, causing such solicitation or sale, or for or on whose behalf such solicitation or sale is made, and where, in connection with any such amusement, show, entertainment, lecture or other enterprise it is represented, advertised, held out, implied or made to appear that such sale, solicitation, contribution or gift or any part of the proceeds therefrom shall belong to, or be devoted or used for the benefit of any person, firm, association or corporation.

(d) Application for permit. Any person desiring to do any of the acts mentioned in subsections (b) and (c) shall file an application with the city manager. Said application shall set forth the following information:

1. Name and address of the applicant [and] whether the applicant is affiliated with or working for any other organization than the one for which this solicitation is intended.

2. Location of national, state and local headquarters, if any.

3. The names and addresses of all persons directly interested in or who in any manner will be engaged in the work.

4. The main purpose for which the proceeds of the solicitation, sale, bazaar, exhibition, presentation, amusement, show, lecture, entertainment or other enterprise or any part thereof, are to be used, including the manner in which and the amount of any compensation intended to be paid to any person, firm, association or corporation out of such proceeds.

5. The total amount which is sought to be raised.

6. The bank or place where all or any part of the funds raised by such activity will be placed on deposit or invested.

7. What records of funds received will be kept and where. Where such records will be open to the public.

8. Whether the uniform or identification worn or carried resembles that of any other group in this area conducting a similar type of activity.

9. Such other information in respect to the character and past and proposed activity of the applicant, and the parties directly interested in or engaged in the work as may be necessary to enable the city manager to make a full and complete investigation.

(e) Investigation. The city manager, upon receipt of an application complying with the requirements of subsection (c) and containing the information required thereby shall conduct such investigation as he may deem necessary.

(f) Permit granting or denying. Should the city manager, after a complete investigation of the applicant and of the representations contained in the application, be of the opinion that the applicant has not stated true facts in his application, or that if a permit should be granted to the applicant a fraud in all probability would be perpetrated upon the public, the said city manager may refuse to issue a permit to such applicant.

Should the city manager be satisfied that the application is truthful, that the applicant is acting in good faith and that in all probability a fraud would not be perpetrated upon the public, a permit shall be issued to such applicant for such period of time as the applicant may request. Provided, however, that no permit shall be valid for a period of more than six (6) months from the date of issuance; and provided further that as a condition to granting such permit the city manager may require the applicant to file a bond with the city clerk in the sum of one thousand dollars ($1,000.00) in a form approved by the city attorney and conditioned that if the principal thereof shall fail to devote, pay or use the entire proceeds or the percentage thereof specified in the application, derived from the activity mentioned in the application to the person, firm, association or corporation for or on whose account or benefit such activity was conducted or carried on, then the surety will pay the same to such person, firm, association or corporation to the amount of such bond.

(g) Exception. No permit shall be required for the solicitation of gifts, contributions, donations or subscriptions, or the promotion of any bazaar, sale, or exhibition or other act of appeal to the public for a charity, made by the members of any religious or charitable organization which has been in existence in, and which regularly has maintained headquarters or a place of worship in the City of Lomita for a period of at least one (1) year next preceding the date on which such activity shall be begun; provided, that the city manager has issued a permit authorizing the conducting or carrying on of such activity by such organization. Application for such permits shall be made to the city manager and shall be issued by him in accordance with the standards provided in subsection (f). Such permits shall be valid until revoked by the city manager.

(h) Permit revocation Any permit issued may be revoked if the permittee is not operating in accordance with the application pursuant to which such permit was issued or if further activity of said permittee would operate to defraud the public. Such revocation may be made by a registered letter signed by the city clerk at the direction of the city manager and directed to the address of the applicant as stated upon the application pursuant to which the permit was issued. Said permit shall become null and void on and after the third day from the date after which said letter is deposited in the United States Post Office in the City of Lomita.

(i) Solicitation by mail. No permit shall be required for any solicitation through the United States mail.

(j) Telephone solicitation. No person shall use or cause to be used a telephone to accomplish any of the acts set forth in subsections (b) or (c) unless such person is a bona fide member of an organization in whose name a permit has been issued pursuant to the provisions of this part and provided further that such person making such solicitation does not receive any compensation therefor.

(k) No person under the age of sixteen (16) years shall engage in the activity of charitable solicitations nor shall any person cause or procure or allow any person under the age of sixteen (16) years to engage in said charitable solicitation activity unless said person under the age of sixteen (16) years is under the charge of an adult person who has a permit to engage in said charitable solicitation. The words "in charge of" shall mean and include having sufficient control over said minor under the age of sixteen years (16) of age so as to know his whereabouts while performing said solicitation and so as to receive from him the funds derived from said solicitation.

(l) Upon the denial of any permit by the city manager, the applicant may appeal such decision to the permit hearing board by filing written notice of such appeal within ten (10) days after receipt of written notice of the action of the city manager. The matter shall thereafter be set for hearing before the board within thirty (30) days after receipt of the notice of appeal. Any person aggrieved by the decision of the board may thereafter appeal to the city council.

(m) Insurance agents or brokers. Notwithstanding any other provision of the business license law to the contrary, an insurance agent or broker licensed by the state shall be entitled to the issuance of a permit by the city clerk without further hearing or payment of fee upon the showing of a duly existing California state insurance agent or broker's license.

(Ord. No. 699, § 1, 4-2-07)

(a) Regulation of use. The use of sound trucks in the city with sound-amplifying equipment in operation shall be subject to the following regulations:

(1) Sound-amplifying equipment shall not be operated unless the sound truck upon which equipment is mounted is operated at a speed of at least ten (10) miles per hour except when said truck is stopped or impeded by traffic. Where stopped by traffic the said sound-amplifying equipment shall not be operated for longer than one (1) minute at each such stop.

(2) Sound shall not be issued within one hundred (100) yards of hospitals, schools, religious facilities (as defined in Title XI), courthouses or courtrooms or county buildings or the city hall.

(3) The only sounds permitted are music or human speech.

(4) The sound truck shall be operated only on those streets or boulevards designated by the city clerk in the permit to operate the same and shall be operated for four and one-half (4½) hours each day between the hours of 11:00 a.m. and 1:30 p.m. and the hours of 4:30 p.m. and 6:30 p.m., except on Sundays and legal holidays no operation shall be authorized, unless the permit hearing board has determined upon competent evidence that in the individual case different hours of operation would be justified then such permit shall set forth said different hours of operation.

(5) No permit for the operation of a sound truck shall exceed thirty (30) days, unless a longer time has been specified by the permit hearing board upon receiving competent evidence justifying the same, or unless the thirty-day permit has been extended by the permit board upon hearing competent evidence justifying such extension.

(Ord. No. 748, § 2(pt. 3), 1-17-12)

Cross reference— Registration statement required for use of sound-amplifying equipment, § 4-1.25; permit required for use of sound-amplifying equipment on commercial advertising vehicles, §§ 4-1.26, 4-1.27; noise regulations, title IV, ch. 4.

(a) Color scheme. The permit hearing board shall approve the color scheme and insignia of each taxicab operator. No taxicab operator shall use the color scheme or insignia so similar to that of any other existing taxicab operator so as to deceive or confuse or tend to deceive or confuse the public.

(b) Approved vehicles; affixing license. Upon obtaining a taxicab operator's license, the licensee shall submit such license to the law enforcement agency and bring all of the vehicles licensed thereby to a place designated by the law enforcement agency. The law enforcement agency shall attach and seal a license plate or decal to the rear of the body of each vehicle covered by the license, if such vehicle meets all requirements as specified in this ordinance.

(c) Substitution of vehicles. If a taxicab operator desires to substitute one vehicle in place of another and if such vehicle to be substituted complies with the taxicab operator's license and the taxicab operator brings both the vehicle under the license and the vehicle to be substituted to a place designated by the law enforcement agency, the law enforcement agency may remove the license plate or decal from the licensed vehicle and place it on the vehicle to be substituted. If the law enforcement agency finds that it is impossible or impracticable to bring the licensed vehicle to the place designated, he may permit the licensee to detach the license plate or decal therefrom, by breaking the seal and removing the screws, and may waive the requirement that such vehicle be brought to such designated place. Under no circumstances may this seal or decal be broken or removed by anyone but the law enforcement agency or other designated agency or officer of the city.

(d) Change of corporation directors. A taxicab operator's license which is issued to a corporation shall be valid so long as the directors of such corporation remain the same as shown on its application for such license.

(e) Insurance. The city clerk shall not issue any taxicab operator's license until the applicant first files with the city clerk an undertaking or a policy of insurance or a financial statement and excess policy of insurance which undertaking, policy, or undertaking and policy shall comply with the provisions of this Code and shall first be approved by the city attorney.

(f) Insurance—Amount. The policy of insurance required before a taxicab operator's license can be issued shall insure the public against any loss or damage that may result to any person or property from the operation of any taxicab used by the taxicab operator in his business as such. The maximum amount of recovery in such policy shall not be less than the following sums:

1. For the injury to any one (1) person, or the death of any one (1) person in any one accident—One hundred thousand dollars ($100,000.00).

2. For the injury to two (2) or more persons, or the death of two (2) or more persons, or the injury to one (1) person or more, and the death of one (1) person or more, in any one (1) accident—Three hundred thousand dollars ($300,000.00).

3. For the injury or destruction of property in any one (1) accident—Twenty thousand dollars ($20,000.00).

(g) Undertaking or bond—Amount.

1. The undertaking required before a taxicab operator's license can be issued shall be conditioned that the taxicab operator shall pay all damages to person or property for the amount of which he may become liable arising out of the conduct of the business of taxicab operator, and that any person having such a cause of action against the principal may join the surety as a party defendant or in his own name sue separately the surety on such undertaking.

2. The undertaking shall provide that it is not void upon the first recovery but may be sued and recovered upon from time to time by the person aggrieved until the whole penalty is exhausted.

3. Either a corporation complying with each and every provision of section 1056 of the code of civil procedure, or not less than two (2) good and sufficient sureties, each of whom complies with each and every provision of section 1057 of the code of civil procedure shall become surety or sureties on such undertaking.

4. The amount of the undertaking shall be calculated as follows:

a. Ten thousand dollars ($10,000.00) for the first taxicab.

b. An additional four thousand dollars ($4,000.00) for each additional taxicab up to and including a total of five (5) taxicabs.

c. An additional two thousand dollars ($2,000.00) each for the sixth, seventh, eighth, ninth and tenth taxicabs.

d. An additional one thousand dollars ($1,000.00) for each additional taxicab over ten (10).

(h) Two policies. In place of one (1) insurance policy the applicant may file not more than two (2) insurance policies, one a policy of primary insurance and the second a policy of excess insurance, providing that the total coverage resulting from such policies is equal to, or greater than, that required by subsection (f).

(i) Excess insurance policy. If any taxicab company has net assets of at least twenty-five thousand dollars ($25,000.00) if operating one (1) and not more than one hundred twenty-five (125) vehicles, and in addition thereto two hundred fifty dollars ($250.00) net assets for each and every vehicle in excess of one hundred twenty-five (125) operated, that company may, in lieu of the aforesaid policy of liability insurance or bond, file semiannually with the city clerk, subject to the approval of the city attorney, a current balance sheet certified to by a certified public accountant showing such assets and liabilities together with a policy of excess insurance agreeing to indemnify the company for any and all sums which it shall by law become liable to pay, or by financial judgment to be adjudged to pay to any person as compensation for the injury to or death of or damage to vehicle operated by such company. Such excess policy shall cover twenty-five thousand dollars ($25,000.00) for any one (1) person, or ten thousand dollars ($10,000.00) up to fifty thousand dollars ($50,000.00) for any one (1) accident involving more than one (1) person.

(j) Notice of cancellation. If any taxicab operator or driver has any notice or information of a change or cancellation of any insurance policy which policy is required under this chapter, he shall give immediate notice to the city clerk or the law enforcement agency of such change or cancellation.

(k) Taxi stands. Taxi stands shall be at only those locations approved by the permit hearing board. The permit hearing board may require the consent of the owner of any property adjacent to said taxi stand before approving such taxi stand.

(l) Rates. The permit hearing board shall approve minimum and maximum rates which may be charged by the permittee. The approval shall designate whether the rates are flat rates or mileage rates. The approval shall designate whether or not the rates shall be computed on a meter basis. A taxicab operator shall not charge in any case any more or less than the rates specified in his permit. Every taxicab operator shall post and maintain in that part of every taxicab which he operates which is most conspicuous to passengers thereof, in letters and figures which are clearly legible and not less than one-quarter inch high, the schedule of rates permitted by his license.

(m) Accepting passengers. Every taxicab operator and every taxicab driver shall accept any passenger unless:

(1) He has no facilities available, or

(2) The transportation requested is such that the driver or operator may not legally accept such passenger, or

(3) The proposed passenger refuses or says that he will refuse or cannot pay the fare, or

(4) The proposed passenger is drunk, disorderly, or for other reasons not a fit passenger.

(o) Licenses—Driver to operate. A taxicab operator shall not permit any person to operate a taxicab unless such person is the employee of the taxicab operator and has a taxicab driver's permit or license as required by this article.

(p) Driver not authorized forbidden. A person other than the owner or employee of the owner shall not drive or operate any taxicab.

(q) Passengers—Failure to pay. A person shall not:

(1) Fail to [or] refuse to pay the fare authorized by the taxicab operator's license for which he has become liable, or

(2) Accept a ride in any taxicab without having on his person sufficient funds to pay the authorized fare unless prior to accepting such ride he informs the driver of the taxicab that he does not have such funds, or

(3) Accept a ride in any taxicab with the intent to defraud the operator or driver thereof, or not to pay the full fare authorized.

(a) Acceptance of passengers. A taxicab driver shall not stop for or accept any passenger except:

(1) Within the area specified in the license for the taxicab which he is driving.

(2) A taxicab driver who has driven a passenger to any place may wait for and accept such passenger. If the taxicab driver for any reason moves the taxicab from the location where he has left the passenger, this subsection does not apply.

(b) Direct route. Every taxicab driver shall carry his passengers to their point of destination by the most direct practical route unless specifically directed otherwise by such passengers.

(c) Exclusive rights of passengers. When a taxicab is engaged, the occupants shall have the exclusive right to the full and free use of the passenger compartment. No taxicab operator or taxicab driver may solicit or carry additional passengers, unless the taxicab operator's license expressly permits the carrying of additional passengers, and then only to the extent expressly permitted.

Editor's note— Section 8 of Ord. No. 639, adopted May 21, 2001, repealed § 6-4.19, which pertained to rubbish, waste or garbage collection and transportation.

(A) Defined. "Gun dealer" is any person, firm or corporation that is engaged in the business of selling or otherwise transferring, or, who in the course of said business advertises for sale, or offers or exposes for sale, or transfers, any pistol, revolver or other firearm capable of being concealed upon the person.

(B) License required. Every gun dealer shall procure a license pursuant to the provisions of this chapter 4.

(C) Regulations. If a license is granted under this chapter, it shall be subject to the following conditions, for breach of any of which the license shall be subject to forfeiture:

(1) The business shall be carried on only in a building designated in the license.

(2) The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises where it can easily be seen.

(3) No pistol or revolver shall be delivered:

(a) Within fifteen (15) days of the application for purchase, and when delivered shall be unloaded and securely wrapped; nor

(b) Unless the purchaser either is personally know to the seller or shall present clear evidence of his identity.

(4) No pistol or revolver, or imitation thereof, or placard advertising the sale or other transfer thereof, shall be displayed in any part of the premises where it can be readily seen from the outside.

(Ord. No. 280, § 1, 5-15-78; Ord. No. 288, § 1, 9-5-78)

Any business or establishment, offering for sale to the public aerosol paint containers or markers with a marking tip exceeding one-quarter (¼) inch, containing anything other than a solution which can be removed with water after it dries, shall keep, store and maintain all such aerosol paint containers or markers in an area viewable by, but not accessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such marker pens or paint containers.

Violation of this section shall be an infraction punishable by a fine not exceeding the amounts established by state law. The city manager or designee may issue citations for violations of this section.

(Ord. No. 521, § 1, 12-20-93 ; Ord. No. 699, § 1, 4-2-07)