Chapter 5.44 — FRANCHISE GRANTS FOR USE OF PUBLIC WAYS

Except as provided under exceptions A, B and C of this section, it is unlawful for the owner or driver of any vehicle to allow such vehicle to remain standing in any street or alley in the city between the hours of 2:00 a.m. and 6:00 a.m. It is unlawful for the owner or driver of any commercial vehicle as defined in California Vehicle Code § 260 to allow such commercial vehicle to remain standing upon any street or alley in the city between the hours of 10:00 p.m. and 6:00 a.m.

EXCEPTIONS:

A.

This section shall not apply to vehicles of any regularly licensed physician or licensed nurse when actually engaged in making professional calls.

B.

This section shall not apply to taxicabs or other public carriers in the course of picking up or discharging a passenger or to deliver vehicles in the course of a service call.

C.

This section shall not apply to any vehicle for which an all-night street parking permit has been duly issued pursuant to this chapter and displayed in compliance with Section 10.44.070.

D.

This section shall not apply to the portion of a street or alley that the director has determined to be exempt after an engineering study. Such exemption may be for all or a portion of the 2:00 a.m. to 6:00 a.m. period.

(Ord. 6509 § 2, 1992: Ord. 2620 § 1, 1927)

(Ord. No. 7341, § 3, 3-25-2019)

Every franchise enumerated in subsections A through H, inclusive, of this section shall be granted by ordinance in accordance with the procedure prescribed by this chapter and every franchise for solid waste collection mentioned in subsection I of this section shall be granted by ordinance in accordance with the procedure prescribed by Chapter 8.61. The franchises contemplated by this chapter shall include:

A.

Every franchise to construct, maintain or operate a street railroad along, upon, over, in, under or across any street, lane, alley, court or other public place in the city;

B.

Every franchise to construct, maintain or operate any interurban railroad along, upon, over, in, under or across any such street, lane, alley, court or other public place, and whether the same is to be operated on the surface, in subways or upon an elevated structure;

C.

Every franchise to construct, operate or maintain an underground street railroad through subways, and for the construction, operation and maintenance of elevated street railways along, across, in or over any such street, lane, alley, court or other public place;

D.

Every franchise to operate a system for transporting or conveying passengers or freight over and along any such street, lane, alley, court or other public place without the use of tracks;

E.

Every franchise to construct, maintain or operate pipes, tubes or conduits along, upon, over, in, under or across any such street, lane, alley, court or other public place for the purpose of transmitting water, gas or other substance or utility;

F.

Every franchise to erect, construct, lay, maintain and operate poles, pipes, conduits, wires or cables upon, over, under, in, across or along any such street, lane, alley, court or other public place for the purpose of transmitting power, heat, electricity or electric energy, or for communication by telephone, telegraph or other system;

G.

Every franchise for the construction and operation of any other plants or systems necessary or convenient for furnishing the city and its inhabitants with transportation, communication, water, light, power or any other public service;

H.

Every franchise for the construction and operation of steam railroad tracks within the incorporated city limits of the city.

I.

Every nonexclusive franchise for the business of solid waste collection, transportation, disposal and/or recycling over and across any street, lane, alley, court or other public place in the city.

(Ord. 6509 §§ 3, 4, 1992; Ord. 2620 § 2, 1927)

Every applicant for a franchise mentioned in subsections A through H of Section 5.44.020, inclusive, shall file with the board of directors an application therefor in writing, setting forth in such application the name and address of such applicant, a description of the franchise applied for and the streets and other places upon, over, in, under or across which it is proposed to exercise such franchise.

(Ord. 6509 § 5, 1992: Ord. 2620 § 3(1), 1927)

The application and award process for a nonexclusive franchise for the business of solid waste collection, transportation, disposal and/or recycling mentioned in subsection I of Section 5.44.020, is specified in and governed by Chapter 8.61.

(Ord. 6509 § 6, 1992)

No application for a franchise mentioned in subsections A through H, inclusive, of Section 5.44.020 shall be considered by the board of directors unless the application shall be accompanied by the sum of $100.00, which sum shall be returned to the applicant in the event the board of directors determines that neither the public necessity nor the public interest requires the granting of the franchise. If, however, the board of directors determines that public necessity or the public interest requires the granting of the franchise, then the sum of $100.00 shall be retained by the city in full for all expenses connected with the granting of the franchise.

(Ord. 6509 § 7, 1992; Ord. 2620 § 3(2), 1927)

The board of directors may, after receipt of an application for such franchise mentioned in subsections A through H, inclusive, of Section 5.44.020, grant the same by ordinance or may in its discretion advertise for bids for the sale of such franchise by notice stating therein the name of applicant, duration, terms, conditions, character and regulations under which it proposes to grant such franchise. The notice inviting bids shall be published 3 days in a daily newspaper published and circulated in the city. The notice inviting bids shall also state the time and place sealed bids will be received and the time and place that the bids will be opened by the board of directors, said time not to exceed 30 days after the first publication of the notice. The franchise, if awarded, will be awarded to the bidder offering:

A.

To pay to the city during the life of such franchise the highest percentage of gross annual revenue received by the bidder from the operation of its business in the city; or

B.

To pay to the city the highest stated sum as compensation for such franchise for the entire term of such grant; or

C.

To pay to the city the highest annual or monthly compensation for such franchise during the time of such grant; or

D.

To pay to the city such other compensation or consideration for such franchise as may be prescribed by the board of directors in the advertisement for bids and notice of sale thereof.

Provided that the board of directors may in the advertisement for bids and notice of sale, invite bids on any number of the bases hereinbefore in this section enumerated.

(Ord. 6509 § 8, 1992; Ord. 3200 § 1, 1934; Ord. 2620 § 4(1), 1927)

Each bid shall be delivered to the city clerk and shall be accompanied by the sum of $100.00 or certified check in the like amount, payable to the order of the city of Pasadena, except the bid of the original applicant for the franchise who shall be required to make no further deposit with the city other than required by Section 5.44.040. The bids shall be opened by the board of directors in public session and publicly declared, and no bid shall be considered unless accompanied by the sum of $100.00 or the certified check as hereinabove provided. If the board of directors awards the franchise the same must be granted by ordinance within 30 days thereafter. Upon the franchise being awarded all deposits made by unsuccessful bidders shall be returned, including that of original applicant if he or it was an unsuccessful bidder.

(Ord. 2620 § 4(2), 1927)

When the board of directors finds that an emergency exists and that public convenience and necessity require it, a special permit may be granted to any applicant for a franchise under this chapter to permit the applicant to proceed with the relocation, extension, alteration or other change in existing facilities, except repairs or maintenance changes, which relocation, extension, alteration or other change in existing facilities by reason of such emergency should be made before the securing of a franchise under this chapter is possible. Such special permit shall only be granted to an applicant for a franchise under this chapter and after the filing of the application for a franchise as in this chapter provided. An application for special permit shall be filed in writing with the board of directors setting forth such information as will permit action thereon. Reference in the application may be made to the application for franchise for a description of the proposed extension, alteration or other change in existing facilities. All such special permits shall be granted under the express condition that if a franchise under this chapter is not granted and accepted, all work done under the special permit shall be removed immediately at applicant's expense and the streets or alleys or other public places affected by such work shall be placed in as good condition as before such work was done. The board of directors may require, as a condition to the granting of the special permits, that a bond of a kind and in an amount determined by the board shall be furnished by applicant, conditioned upon the faithful performance of the terms and conditions of the permit and further conditioned that applicant shall prosecute diligently to completion all work thereunder including removal work as hereinbefore provided.

(Ord. 3397 § 1, 1937: Ord. 2620 § 4(3), 1927)

The grantee of any franchise granted under this chapter shall, within 10 days after the franchise is granted, file with the city clerk a written acceptance of the terms and conditions thereof.

(Ord. 2620 § 5, 1927)

The board of directors may, in its discretion, require the grantee of any franchise granted under this chapter to file a bond for the faithful performance of the terms and conditions thereof running to the city in the penal sum to be fixed by the board of directors. If any bond shall be required of the grantee of any franchise, the board of directors in its notice inviting bids shall so state and the amount thereof. Any bond that may be required by the board of directors shall be filed with the city clerk prior to the granting of the franchise by ordinance.

(Ord. 2620 § 6, 1927)