Long Beach Municipal Code Ch. 14.14 Public Walkway Occupancy Permits

Footnotes:

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Editor's note— ORD-24-0002 § 14, adopted Jan. 23, 2024, amended Ch. 14.14 in its entirety to read as herein set out. Former Ch. 14.14, §§ 14.14.010—14.14.200 was entitled "Occupation of Public Walkways," and derived from: ORD-18-0031 § 1, 2018; ORD-18-0004 § 1, 2018; ORD-10-0032 §§ 1—4, 2010; Ord. C-7934 § 18, 2004; Ord. C-7796 §§ 1—4, 2002; Ord. C-7626 § 1, 1999; Ord. C-7580 §§ 1—3, and 5—7, 1998; Ord. C-7066 §§ 1, 2, 1992; and Ord. C-6659 § 2 (part), 1989.

A. "Dining" means the consumption of food or beverage.

B. "Downtown area" means the area bounded northerly by the centerline of Tenth Street; westerly by the centerline of Maine Avenue north of First Street, and the centerline of Golden Avenue south of First Street and the centerline of Golden Shore and its southerly prolongation; easterly by the centerline of Lime Avenue north of First Street and the centerline of Alamitos Avenue and its southerly prolongation south of First Street; southerly by the mean high tide line of the Pacific Ocean and its prolongation across the entrance to Pacific Terrace Harbor and Queens Way Landing boat basin.

C. "Existing permit" means a public walkways occupancy permit that has been issued by the City through its Department of Public Works.

D. "Existing permit in good standing" means a public walkways occupancy permit that has been issued by the City and is compliant with all laws and regulations, including the terms and conditions attached to that permit.

E. "Existing permit in good standing" does not include a permit the term of which has expired prior to the submission of a completed application for renewal, including all required documentation.

F. "Minor modification of an existing permit" means a reconfiguration of the area occupied or a change of equipment or fixtures within the permit area with no change to the total square footage occupied, unless the Director of Public Works deems such change to be negligible.

G. "Obstruction" means any temporary or permanent structure or stationary object, including, but not limited to, signs, displays, barriers, furniture, plants or plant containers, musical equipment, or merchandise placed on a public walkway.

H. "Portable" means items capable of being carried or moved about without the use of heavy moving equipment.

I. "Public property" means all City property, including "public walkways", as defined in this Chapter, and public rights-of-way, and the underlayment or foundation thereof, and public improvements thereon, including landscaping on or in such property.

J. "Public walkways" means all or any portion of territory within the City set apart and designated for the use of the public as a thoroughfare for travel, including alley and sidewalk which is generally considered the right-of-way between the curbline and the adjacent property line intended for use by pedestrians.

(ORD-24-0002 § 14, 2024)

A. No person shall use or occupy the public walkway with any obstruction for any purpose without first obtaining a written permit from the City through its Department of Public Works. Permits are not transferable. This Chapter shall not be applicable to any activity performed pursuant to and permitted by other Chapters of this Code, including, but not limited to Chapter 5.73.

B. Permits may only be issued to owners of property directly adjoining that portion of the public walkway upon which the obstruction is to be located, or to lessees of such property with the consent of the property owner.

C. The permit may be suspended or canceled at any time at the discretion of the Director of Public Works, in the event that it is determined that the obstruction would interfere with street improvement activities, construction activities, cleaning efforts or other similar activities. The permit may also be suspended at any time, if, in the discretion of the City Engineer or Fire Marshal, the obstruction threatens the public health or safety.

D. Permits for occupancy may contain restrictions for hours of the day or days of the week during which the obstruction may occupy a public walkway as determined by the Director of Public Works in his or her discretion.

E. Permits shall be issued for an initial period not to exceed one (1) year. Upon expiration, a new permit must be obtained on the basis of a new application or a renewal permit must be obtained. Notwithstanding the above, such permits may be terminated by the City upon thirty (30) days' notice of the City Engineer.

F. The Director of Public Works or designee is authorized to renew an existing permit in good standing for additional one (1) year periods provided either: (1) the applicant is not seeking any modification of the existing permit; or (2) any modification sought by either the applicant, the City Engineer or the Fire Marshal is deemed by the Director of Public Works to be a "minor modification of an existing permit", as defined in Section 14.14.010.

G. No permit obtained under this Chapter shall excuse the permittee's obligation to obtain and comply with any other permit or license required by the City or any other regulatory agency.

(ORD-24-0002 § 14, 2024)

A person desiring to occupy a public walkway under this Chapter shall file an application for such authorization with the City. The applications shall be on a form provided by the City or accessible from the City's website and shall be signed by the permittee or his/her duly authorized agent. Any person signing the application as an agent shall furnish a written authorization executed by the permittee designating the person signing the permit as the permittee's duly authorized agent for such purpose. Such authorization will remain in full force and effect until revoked by a written document signed by the permittee and filed with the City. Such application shall be accompanied by plans satisfactory to the City, which show in detail the proposed obstruction and method of securing it to public property including public infrastructure.

(ORD-24-0002 § 14, 2024)

A. Every applicant for a public walkway occupancy permit under this Chapter shall pay to the City, before a permit is issued, an annual fee as adopted by the City Council by resolution and specified in the fee schedule.

B. Every applicant for a public walkway occupancy permit under this Chapter shall pay to the City a security deposit in an amount equivalent to the permit fee or in such additional amount as determined by the City Engineer. Such security deposit shall be applied to the cost of repairing any damage to public property attributable to the permittee's use of public property. Any balance shall be "rolled over" until the permit is terminated or canceled, at which time the security deposit shall be applied to the cost of restoring the public property to its prior condition and the remainder, if any, refunded to the permittee.

C. In the event that any permit issued pursuant to this Chapter is canceled because the permittee has violated a condition of his or her permit or any regulation or law, or because the permittee no longer owns or controls the property directly abutting the portion of the public walkway upon which the obstruction is located, no portion of a permit fee paid by him or her shall be refunded. If the permit is canceled by the City for any other reason, the unearned portion of the permit fee shall be refunded.

(ORD-24-0002 § 14, 2024)

The public walkway occupancy standards for location, design and operations for permitees under this Chapter shall comply with the City of Long Beach Sidewalk Dining and Parklets Handbook to be made available by the City. The Director of Public Works and/or City Engineer may require additional conditions for the location, design and operation of the public walkway occupancy. In addition, any public walkway occupancy subject to the terms of this Chapter shall conform to all of the following requirements:

A. The minimum width of the public walkway shall be not less than ten feet (10'), and such obstructions must permit at least five feet (5') of unobstructed area of public walkway, unless otherwise approved by the City Engineer on the basis of the considerations specified in this Chapter;

B. The obstruction shall not be located in a manner which interferes with the flow of pedestrian or other traffic, or which creates a potential threat to public safety, as determined by the City Engineer or Fire Marshal;

C. The obstruction shall be kept in a good state of repair and in a safe, sanitary and attractive condition;

D. Such obstruction shall be located in a manner which will not interfere with visibility, vehicular or pedestrian mobility or access to City or public utility facilities and will not compromise the safe use of any public walkway or other right-of-way. Permitted locations shall be determined by the City Engineer after consideration of the above and other relevant factors in relation to the proposed site. The City Engineer may, in his or her discretion, place additional conditions upon the issuance of such permit in order to ensure the protection of the public health and welfare and public property;

E. Minor modifications to these standards may be made by the Director of Public Works to an existing permit in good standing.

(ORD-24-0002 § 14, 2024)

A. No person may occupy or cause to be occupied any portion of the public walkway for the purpose of providing dining or entertainment except as permitted by this Chapter or as elsewhere provided for in this Code.

B. Permits to occupy a portion of the public walkway for the purposes of dining or entertainment may contain restrictions for hours of the day or days of the week during which dining or entertainment may occur on the public walkway as determined or modified by the Director of Public Works in his or her discretion.

C. In addition to the other requirements set forth in this Chapter, permits to occupy a portion of the public walkway for the purpose of dining or entertainment shall conform to all of the following standards:

1. All dining or entertainment areas shall be defined by placement of sturdy barriers, not to exceed forty-eight inches (48") in height, as approved by the City Engineer.

2. All accessories to dining or entertainment uses such as plants or planter boxes, umbrellas, podiums, menu boards, musical equipment and heaters must be located inside the barrier.

D. All dining and entertainment which takes place on the public walkway and public right-of-way shall conform to the requirements of Chapter 8.80 of this Code regarding noise. Complaints regarding noise shall be logged by City staff and may be the basis for suspension, cancellation, or nonrenewal of a permit.

E. The permittee shall be responsible for cleaning the public walkway occupied by a dining or entertainment area.

F. Canopy structures, including overhead structures and windbreaks, are permitted, provided such structures are approved as part of a public walkway occupancy permit and are consistent with any approved master plan applicable to the installation and the design guidelines. Such structures must comply with all applicable laws and regulations, including, but not limited to, all fire, health, and building code regulations. Signage on or adjacent to a canopy structure shall be limited to business identification signs and shall be included in the calculation of total signage permitted pursuant to Chapter 21.44 of this Code.

G. Temporary banners, not exceeding the height of the barrier and attached to the barrier are permitted for a two (2) week period no more than four (4) times per year.

H. Menu boards must be portable, located within the dining area, and must not exceed five feet (5'), six inches (6") tall. Menu boards may be either a single pole pedestal of painted metal or a board attached to the inside of the barrier, parallel to the barrier.

I. A-frame signs, television monitors, and canopies are not permitted at any location beyond the permit area.

(ORD-24-0002 § 14, 2024)

A. No person shall perform or cause to be performed any entertainment activity on the public right-of-way without first obtaining a public walkways occupancy permit which permits such entertainment.

B. In the downtown area, nonamplified outdoor entertainment is permitted from ten o'clock (10:00) a.m. until twelve o'clock (12:00) midnight each day. Amplified outdoor entertainment is permitted from five o'clock (5:00) p.m. to twelve o'clock (12:00) midnight Monday through Friday, except if such day is a holiday. Amplified outdoor entertainment is permitted from ten o'clock (10:00) a.m. to twelve o'clock (12:00) midnight on Saturday, Sunday and holidays.

C. This Section shall not apply to any holder of a permit issued pursuant to Chapter 5.60 or Section 14.04.070 of this Code. Nothing in this Section shall operate to modify any requirement of Chapters 3.80 or 5.72 of this Code.

(ORD-24-0002 § 14, 2024)