Long Beach Municipal Code Ch. 14.04 Obstruction of Streets and Sidewalks

A. No person shall congregate upon or use any street, alley, pier or park in such a manner as to obstruct the free use of all or any part of said street, alley, pier or park.

B. No person shall obstruct or partially obstruct the parking lane of the street except for legally parked or standing motor vehicles or as allowed by permit pursuant to Chapter 14.06.

(ORD-24-0002 § 13, 2024; Ord. C-6347 § 1, 1987: prior code § 3410.9)

A. Definitions.

"Activity or Work Permissible within a Public Street" is defined as any work or activity permitted by this Code or authorized by the Director of Public Works.

"After Hours Work" is defined as construction and obstruction activity in public right-of-way during outside of Regular Hours Work.

"Emergency Work" is defined as immediate and unplanned action that must be taken to alleviate a hazardous condition, which represents an immediate threat to life, health, safety, or property. This includes continuous efforts to affect the restoration of interrupted utility services (electrical, water, gas, sewer, wastewater and telecommunications).

"Parking Lane Closure" is defined as any activity within an existing designated parking lane where parking space is reserved and parking for public use is not allowed.

"Peak Hour Construction and Right-of-Way Obstruction Regulations" is defined as all regulations contained in this Section that control and limit all construction and obstruction activity in the public right-of-way during After Hours Work on Public Right-of-Way or Peak Traffic Hours on Street Classifications Subject to Work Hour Restrictions.

"Peak Traffic Hours" is defined as Monday through Friday, 6:00 a.m. to 8:30 a.m. and 3:30 p.m. to 6:30 p.m.

"Regular Hours Work" is defined as construction and obstruction activity in the public right-of-way during Monday through Friday from 7:00 a.m. to 4:00 p.m.

"Right-of-Way" means any easement or land owned by the City and used or designated for use as a street, parkway, alley, utility corridor, walkway, promenade, or bike path, and the surfaces thereof, and the airspace above such surfaces and the subsurface area below such surfaces and includes any right-of-way to be dedicated in the future.

"Sidewalk Closure" is defined as any activity within the sidewalk (property line to curb) which reduces the usable sidewalk width, interrupts pedestrian traffic and is a possible cause of safety hazard.

"Street Classifications Subject to Work Hour Restrictions" is defined as Temporary Street Closure or Traffic Lane Closure on major and secondary highways, or collector streets, as designated in the Transportation Element of the General Plan.

"Temporary Street Closure" is defined as the temporary restriction of all vehicular traffic for construction purposes authorized by a valid permit, and an approved Traffic Management Plan.

"Traffic Lane Closure" is defined as any activity within the public street, travel lane, bike lane or in an alley, which reduces the usable width to the point where one or more lanes of traffic cannot move safely and efficiently.

"Traffic Management Plan" is defined as a plan that addresses traffic control requirements in a construction area, and along detour routes and pedestrian reroute plan. The operation of a Traffic Management Plan is affected by the project's construction phasing, construction schedules, and work area required by the contractor, and shall be consistent with the contractor's project requirements, provided by the Department of Public Works.

"Worksite Traffic Conditions" is defined as those physical conditions, including signage, signal devices, operation of equipment, and conduct of workers (which are required by law), permit and plans to provide adequate street space, and accommodate traffic demands, particularly during Peak Traffic Hours on Traffic Lane Closure.

B. Permit required. No person shall affect a Traffic Lane Closure, Sidewalk Closure or Parking Lane Closure or perform work within or on any Public Street or public Right-of-Way, or obstruct any Public Street or public Right-of-Way for any reason without first applying for and obtaining a permit from the City. The person or entity requesting the permit shall pay all applicable permit fees required for any Activity or Work Permissible within a Public Street or public Right-of-Way.

1. Exemption from obtaining permit prior to any work or obstruction on Public Street or Right-of-Way. Emergency Work as defined above shall be exempt from Peak Hour Construction and Right-of-Way Obstruction Regulations during Peak Traffic Hours on Street Classifications Subject to Work Hour Restriction. Advance notification shall be given to the Department of Public Works prior to the work being initiated. A permit shall be obtained within forty-eight (48) hours of beginning the Emergency Work.

2. Exemption from Peak Hour Construction and Right-of-Way Obstruction Regulations for Public Works Approved Non-Emergency Work. The permittee or applicant shall submit the request with a complete permit application to the Department of Public Works. Applicable Traffic Management Plan and After Hours Work or Peak Traffic Hours shall be approved by the Department of Public Works.

3. Applicable fees for processing applications shall be applied. A fee for processing each request submitted pursuant to the provisions of paragraph 2 of this Subsection shall be established by City Council resolution.

C. Application for permit. Any application for a permit under this Section shall include the following information:

1. The name, address and telephone number of the applicant and the person responsible for the work or obstruction of the public street or any right-of-way;

2. The name, location and area of the street or right-of-way for which the permit is desired; and

3. A description of the work to be done within the public street or right-of-way and an explanation of why the proposed obstruction of the public street or right-of-way is necessary.

4. Any other items as requested on the most current application form or requested during review of a permit application submittal.

D. Penalties for non-compliance.

1. Administrative penalties.

a. The failure to obtain a permit pursuant to this Section, the failure to abide by the Peak Hour Construction and Public Right-of-Way Obstruction Regulations contained in this Section, the failure to comply with Worksite Traffic Conditions or the violation of any special condition or requirement of a valid construction permit issued pursuant to the Long Beach Municipal Code, shall subject the violator to administrative penalties as set forth in Chapter 9.65, in an amount established by City Council resolution.

b. Any administrative penalty issued pursuant to this Section shall be governed by the provisions set forth in Section 9.65.060.

2. Criminal prosecution for multiple violations. Four (4) or more administrative citations issued to the same person or entity within twelve (12) months may constitute a misdemeanor under the Long Beach Municipal Code, may subject the violator to prosecution by the City and may subject the violator to other potential criminal penalties as allowed by law.

(ORD-24-0002 § 13, 2024; ORD-19-0032 § 9, 2019; ORD-18-0020 § 1, 2018)

No person shall apply paint, pigment, coloring or any other similar substance upon any street, sidewalk, alley, way or pier in the City without first having obtained a permit from the Chief of Police.

(ORD-24-0002 § 13, 2024; Ord. C-5784 § 1 (part), 1981: prior code § 3410.10(a))

No person shall sell, offer for sale, give or distribute any merchandise or matter of any manner or description whatsoever, including newspapers or printed matter, nor shall any person solicit contributions or donations from a position or place upon or in any public street in the City. The term "public street", as used in this Section, means and includes every highway, road, roadway, street, median, divider island, safety zone, alley, lane, course, place, trail, drive, bridge, viaduct or trestle laid out or erected as such by the public, or dedicated or abandoned to the public, or intended to be used by or for the general public, except such portions thereof as are used or prepared for use by pedestrians as sidewalks.

(ORD-24-0002 § 13, 2024; Ord. C-5257 § 1, 1976: prior code § 3410.11)

A. Except as provided in Chapters 5.73 and 14.14 herein, no person shall use any public sidewalk, public street, or that space between the public sidewalk and curb commonly known as parkway, or any space above any portion thereof, for displaying for sale, or for any other purpose, any goods or any other articles; or leave any goods, boxes, trucks, barrels, trunks or any other article or thing upon any public sidewalk, public street, or that space between the public sidewalk and curb commonly known as parkway, or any space above any portion thereof.

B. Except as provided in Chapters 5.73 and 14.14 herein, no person shall use any public sidewalk or unimproved public walkway or that space between the public sidewalk and curb commonly known as parkway, or any space above any portion thereof, for displaying for sale, or for any other purpose, any goods or any other articles; or leave any goods, boxes, truck, barrels, trunks or any other article or thing upon any public sidewalk, or that space between the public sidewalk and curb commonly known as parkway, or any space above any portion thereof, for a longer time than is necessary for the removal thereof from the transporting vehicle, into the place of business or residence to which the same is intended to be removed, or from the place of business or residence to the transporting vehicle to which the same is intended to be removed, and in no case shall said items be left in place for more than sixty (60) minutes subject, however, to the following exception and that set out in Section 14.04.050:

This Section shall not apply to electrical or other signs, garbage, waste, trash, awnings, balconies and other building projections otherwise regulated by this Code.

(ORD-24-0002 § 13, 2024; Ord. C-6659 § 1, 1989: Ord. C-6347 § 2, 1987: Ord. C-5591 § 1 (part), 1980: prior code § 7532 (part))

Editor's note— ORD-24-0002 § 13, adopted Jan. 23, 2024, deleted § 14.04.050 entitled "Sidewalk sale permits," which derived from: Ord. C-7934 § 17, 2004; Ord. C-7044 § 1, 1992; Ord. C-5786 § 1, 1981; Ord. C-5591 § 1 (part), 1980; and prior code § 7532(b).

No person, as principal, agent or servant, shall place or maintain any newspaper bulletin board upon, along or above any street or other public place except that the owner, proprietor or agent for a newspaper may place and maintain a newspaper bulletin board upon the wall or side of the building used for the printing, publishing, or sale of such newspaper; provided, that the newspaper bulletin board shall not project more than six inches (6") over any street, sidewalk, parking, alley or other public place.

(ORD-24-0002 § 13, 2024; Prior code § 7533)

Editor's note— ORD-10-0016 § 2, adopted June 15, 2010, repealed § 14.04.070, which pertained to "sidewalk entertainment permits" and derived from: Ord. C-5832 § 1, 1982.