Chapter 100 — STREETS, SIDEWALKS AND PUBLIC PLACES

(A) In any zone in the city, no structure shall hereafter be erected, nor shall any alteration of, or addition to, an existing structure be hereafter made, if the valuation thereof, pursuant to § 303 of the Uniform Building Code, is $1,000 or more unless concurrently with such construction, addition or alteration all curbs, gutters and sidewalks shall be installed, or, if curbs, gutters and sidewalks are existing, or partially existing, they shall be made to conform in accordance with the plans and specifications theretofore prepared by the Community Development Director and approved by the Council. Copies of such plans shall be available to the public at the office of the City Engineer. (B) The provisions of this section shall not apply where such construction, alteration or addition consists solely of the installation or alteration of plumbing, electrical or mechanical equipment or facilities.

('65 Code, § 7-2.10) (Ord. 21-C.S., passed - - ) Penalty, see § 10.99

It shall be unlawful for any person to occupy, obstruct, or barricade any street, alley, or public place in the city. ('65 Code, § 5-14.09) (Ord. 118, passed - - ) Penalty, see § 10.99

It shall be unlawful for any person to permit any tree to hang lower than seven feet above any sidewalk or lower than eight feet above any street or alley in the city. ('65 Code, § 5-14.10) (Ord. 118, passed - - ) Penalty, see § 10.99

DRIVEWAYS

In the event two driveways on the same street are permitted into the same business or establishment, the two driveways shall be separated by at least 22 feet. ('65 Code, § 7-2.03) (Ord. 535, passed - - ; Am. Ord. 697, passed - - ; Am. Ord. 840, passed - - ) Penalty, see § 10.99

(A) In residential districts only one driveway per lot shall be permitted, except, if the lot or building site is 100 feet or more in width abutting the street for which the driveway apron is requested, two driveway aprons may be permitted.

(B) If the lot or building site is 10,000 square feet or more in size and abuts two streets, one driveway apron on each street may be permitted.

(C) In cases where the grade of the lot or other special or unique circumstances require that more than one driveway apron be constructed, the Community Development Director, or his or her designee, is hereby authorized to permit a second driveway apron.

(D) No driveway shall be permitted for unimproved, vacant property within or abutting the city without complying with § 100.030 of this code.

('65 Code, §7-2.04) (Ord. 840, passed - - ; Am. Ord. 552-C.S., passed 11-21-06) Penalty, see § 10.99

No driveway shall be permitted to extend into any curb return at a street intersection.

('65 Code, § 7-2.05) (Ord. 535, passed - - ; Am. Ord. 840, passed - - ) Penalty, see § 10.99

All driveways shall conform with the details and specifications for construction as shown on drawings on file in the office of the City Engineer; provided, however, the driveway approach may extend into the sidewalk for a distance of not more than one-half the width of such sidewalk where either of the following conditions exist:

(A) Where the distance from the face of the curb to the sidewalk is less than five feet; or

(B) Where the distance from the face of the curb is five feet or more and the vertical height of the curb face is nine inches or more at the center line of the driveway. ('65 Code, § 7-2.06) (Ord. 535, passed - - ; Am. Ord. 697, passed - - ; Am. Ord. 824, passed - - ; Am. Ord. 840, passed - - ) Penalty, see § 10.99

CURB CUTS

(A) It shall be unlawful for any person to break, cut or remove any curb, or portion thereof, in the city for the purpose of installing any driveway, or for any other purpose, without first securing a permit therefor from the Community Development Director. In determining whether to approve or conditionally approve the permit, the Community Development Director shall seek the advice and consent of the applicable divisions within the Community Development Department, including but not limited to, Planning, Public Works, and Engineering. For purposes of this division, Community Development Director includes the Director's designee.

(B) No permit shall be issued for unimproved, vacant property in the city unless:

(1) There are approved development plans for such property and the curb cut was reviewed as part of such development plans; or

(2) Where there are no approved development plans and no current plans to develop the property, the applicant files an application for a precise plan of design pursuant to §§ 153.350 et seq. of this code, prior to or concurrent with the application for a curb cut, and such precise plan of design is approved or conditionally approved. In addition to the

items required by § 153.353, the application for precise plan of design shall delineate the use to which the property will be put. The decision on such application shall be made in accordance with § 153.354(A).

(C) No permit shall be issued for access to unimproved, vacant property abutting the city unless:

(1) The applicant files an application for a precise plan of design pursuant to §§ 153.350 et seq. of this code, prior to or concurrent with the application for a curb cut, and such precise plan of design is approved or conditionally approved. In addition to the items required by § 153.353, the application for precise plan of design shall delineate the use to which the property will be put. The decision on such application shall be made in accordance with § 153.354(A); and

(2) The applicant files written verification from the abutting jurisdiction that the proposed use of the property meets the abutting jurisdiction's codes and requirements and all required approvals have been obtained. This verification may be in the form of approved development plans from such abutting jurisdiction.

('65 Code, § 7-2.07) (Ord. 218, passed - - ; Am. Ord. 840, passed - - ; Am. Ord. 552-C.S., passed 11-21-06) Penalty, see § 10.99

Any person applying for the permit required by § 100.030 of this subchapter shall pay a permit fee established by Council resolution. Such permit fee shall cover the costs of inspections.

('65 Code, § 7-2.08) (Ord. 218, passed - - ; Am. Ord. 840, passed - - ; Am. Ord. 104-C.S., passed - - ; Am. Ord. 197-C.S., passed - - )

After a permit to remove curbing and/or cement concrete gutters for the purpose of constructing driveway aprons has been granted, such construction shall be completed within 60 days after the date of the permit.

('65 Code, § 7-2.09) (Ord. 218, passed - - ; Am. Ord. 840, passed - - ) Penalty, see § 10.99

EXCAVATIONS

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ADMINISTRATIVE AUTHORITY. The Community Development Director.

EXCAVATION. Any opening in the surface of a public place made in any manner whatsoever, except an opening into a lawful structure below and so constructed as to permit frequent openings without injury or damage to the general public or public place.

FACILITY. Pipe, pipeline, tube, main, service, trap, vent, vault, manhole, meter gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box, transformer or any other material, structure or object of any kind or character, whether enumerated herein or not, which is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under or over any public place.

HAZARDOUS SUBSTANCE. A substance carried by a substructure having the potential to cause immediate and severe hazard to public health and safety if permitted to escape. Substances that pose a potential hazard to public health and safety include, but are not limited to, petroleum distillates, butane, propane, oxygen, chlorine, steam and any corrosive or toxic substances.

IMPAIRED LATERAL SUPPORT. This shall be assumed to occur whenever an excavation outside of the public place extends below a plane sloping downward at an angle of 45° from the boundary of the public place, or whenever a proposed excavation would expose any adverse geological formation or soil condition. ONE-CALL NOTIFICATION CENTER (ONC). An organization of operators of subsurface facilities for the purpose of protecting those facilities from damage, removal, location or repair.

PARKWAY. The portion of the street dedication between the edge of pavement or curb and the property line.

PERSON. Any natural person, firm, partnership, association, corporation, company, entity or organization of any kind.

PUBLIC PLACE. Any public street, way, place, alley, sidewalk, park, square, plaza or any other similar public property or easements owned or controlled by the Administrative Authority and dedicated to public use.

SUBSTRUCTURE. Any pipe, conduit, duct, tunnel, manhole, vault, buried cable or wire, or any other similar structure located below the surface of any public place. UTILITY. Includes, but is not limited to every public or private company or corporation, or any municipal department that maintains and uses pipeline facilities, gas facilities, telephone facilities, electrical facilities, telegraph facilities, water facilities, cable facilities, sewage facilities, storm drainage facilities and heating facilities, where the facilities deliver a service or commodity to the public or any portion thereof.

('65 Code, § 7-3.01) (Ord. 349-C.S., passed - - )

Except as otherwise provided in this chapter, no person shall make any excavation or fill any excavation in any public place or impair lateral support of any public place without first obtaining a permit from the Administrative Authority. The Administrative Authority may issue an annual or multi-year permit for the purpose of placing or replacing, or repairing or maintaining any facility within a public place where the opening or excavation does not exceed 100 square feet, and other miscellaneous excavations approved by the Administrative Authority. Such annual or multi-year permits may be issued to the following:

(A) A public utility regulated by the State Public Utilities Commission;

(B) A person holding a franchise from the Agency.

('65 Code, § 7-3.02) (Ord. 349-C.S., passed - - ) Penalty, see § 10.99

(A) No excavation permit shall be issued unless an application provided by the Administrative Authority for the issuance of an excavation permit is completed and submitted to the Administrative Authority. The completed application shall state the following:

• (1) The name, telephone number and address of the principal place of business of the applicant;

• (2) The applicant's justification to occupy the public place for which the permit is sought;

(3) A description of the work to be done, including the use, location and dimensions of the facility to be installed, removed or repaired and the approximate size of the excavation required; and

(4) The approximate starting and completion dates of such work, including backfilling the excavation and removing all obstructions, material and debris. Adjustments to these conditions may be granted by the Administrative Authority for good and sufficient reasons.

(B) The Administrative Authority may establish special conditions on any permit to preserve and protect the safety and convenience of the traveling public or the public interest, and also may cancel the permit for good and sufficient cause.

('65 Code, § 7-3.03) (Ord. 349-C.S., passed - - )

A permit fee shall be charged by the Administrative Authority for the issuance of any excavation permit. The fee shall be in accordance with the schedule of fees approved by the City Council.

('65 Code, § 7-3.04) (Ord. 349-C.S., passed - - )

(A) Before an excavation permit is issued, the applicant may be required to deposit with the Administrative Authority a surety bond, or other acceptable security, in an amount equal to 100% of the estimated cost of the work, or such other amount as may be necessary as determined by the Administrative Authority, payable to the Agency. The surety bond, or other acceptable security, shall be conditioned upon the permittee's securing and holding the Agency and its officers and employees harmless from and against any and all claims, judgments, other costs arising from the excavation and other work covered by the excavation permit or for which the Administrative Authority or any officer or employee of the Administrative Authority may be made liable by reason of any accident or injury resulting from the negligence of the permittee. In lieu of a surety bond, letters of credit or other forms of security may be accepted when approved by the Administrative Authority.

(B) Public utilities regulated by the State Public Utilities Commission, persons or utilities holding a franchise from the Agency, Agency departments and other governmental agencies, may be relieved of the obligation of submitting such a bond by the Administrative Authority.

('65 Code, § 7-3.05) (Ord. 349-C.S., passed - - )

All performance deposits shall be a guaranteed security acceptable to the Administrative Authority.

(A) Special deposits. Any required special deposit made in accordance with the adopted rate schedule shall be submitted with the application for an excavation permit to the Administrative Authority.

(B) Annual deposits. In lieu of a special deposit, any person intending to make openings, cuts or excavations in public places may make and maintain, with the Administrative Authority, an annual deposit.

(C) Purpose of deposits. Any special or annual deposit shall serve as security to insure the performance of work necessary to put the public place in at least as good condition as it was prior to the excavation in the event the permittee fails to make the necessary repairs or to complete the work in accordance with the terms and provisions of the excavation permit.

(D) Round or reduction of special deposits. Upon the permittee's completion of the work covered by such permit as determined by the Administrative Authority, two-thirds of such unencumbered special deposit shall be promptly refunded by the Agency to the permittee, and the balance shall be authorized for release by the Agency to the permittee upon the expiration of a 24-month period.

(E) Refund or reduction of annual deposits.

(1) Two-thirds of any annual deposit shall be refunded by the Agency at the end of the one-year period for which the deposit is made or the satisfactory completion of all excavation work undertaken during such period, whichever is later, and the balance of the annual deposit shall be released at the expiration of a 24-month period following the completion of such excavation work.

(2) Such deposits may be used to pay the cost of any work the Administrative Authority performs to restore or maintain the public place in the event the permittee fails to perform such work, in which event the amount released to the permittee shall be reduced by the amount thus expended.

(F) Exceptions from deposits. Where excavations are made by persons or utilities operating under a franchise issued by the Agency or regulated by the State Public Utilities Commission or utilities operated by governmental agencies, a permit may be granted without making such deposit. In such cases, the permittee shall be liable for the actual cost of any work required to be done by the Administrative Authority in restoring the area to at least as good condition as it was before such work was done. The Administrative Authority may, in the future, require such deposit from any such permittee if a bill rendered in accordance with this section becomes delinquent. ('65 Code, § 7-3.06) (Ord. 349-C.S., passed - - )

(A) All work shall be performed in accordance with the current edition of the Standard Specifications for Public Works Construction or according to the plans and specifications referred to in the permit and, in addition, to any special requirements and/or specifications which are made a part of the permit.

(B) When provisions of this subchapter are in conflict with the Standard Specifications for Public Works Construction, this subchapter shall take precedence. ('65 Code, § 7-3.07) (Ord. 349-C.S., passed - - ) Penalty, see § 10.99

The maximum length of open trench permissible at any time shall be in accordance with existing ordinances or regulations or as may be specified by the Administrative Authority.

('65 Code, § 7-3.08) (Ord. 349-C.S., passed - - ) Penalty, see § 10.99

(A) Unless otherwise approved or specified by the Administrative Authority, the minimum cover of substructure except pipelines carrying hazardous substances shall be as follows:

(1) Streets and alleys.

(a) Twenty-four inches below the established flow line of the nearest gutter; or

(b) If said flow line is not established, then the depth shall be at a minimum of 30 inches below the surface of the nearest outermost edge of the traveled way.

(2) Parkways. Eighteen inches below established or proposed parkway elevation.

(3) Other public places. Twelve inches below the surface.

(B) Notwithstanding the above requirements, any such new or relocated installation intended to carry hazardous substances shall be constructed at a depth of at least 42 inches below the established grade of the gutter of such street or alley.

(C) Nothing in this section shall impose a duty upon the permittee to maintain said specifications as required herein upon subsequent changes of elevation in the surface unless the elevation of said substructure interferes with the maintenance of, or travel on, a public street.

('65 Code, § 7-3.09) (Ord. 349-C.S., passed - - )

(A) It shall be the duty of every person cutting or making an excavation in or upon any public place, to place and maintain adequate traffic control devices and crossings for the safety of the general public, in accordance with CalTrans specifications.

(B) The permittee shall take appropriate measures to assure that during the performance of the excavation work, traffic conditions shall be maintained at all times so as to minimize inconvenience to the occupants of the adjoining property and to the general public. Adequate pedestrian passageways shall be maintained.

(C) The permittee shall maintain one lane in each direction for vehicular traffic at all street intersections, where possible. If any excavation is made across any public street, alley, sidewalk or established crosswalk, adequate crossings of the excavation shall be maintained for vehicles and for pedestrians.

(D) The Administrative Authority may, by prior written approval, permit the closing of streets and alleys for a prescribed period of time. The Administrative Authority may require that the permittee give advance notification to various public agencies and to the general public as a condition of approval. In specific instances, even though the street may not be closed, the permittee may also be required to give such notice.

('65 Code, § 7-3.10) (Ord. 349-C.S., passed - - ) Penalty, see § 10.99

The permittee shall at all times preserve, and protect from damage, any adjoining property by providing adequate support and taking other necessary measures. The permittee shall, at its own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged.

('65 Code, § 7-3.11) (Ord. 349-C.S., passed - - ) Penalty, see § 10.99

(A) The permittee shall maintain all gutters free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of such curb at the gutterline; alternatives shall be approved by the Administrative Authority. Whenever a gutter crosses an intersecting street, an adequate waterway shall be provided and at all times maintained.

(B) The permittee shall make provisions to take care of all surplus water resulting from the work in conformance with all current regulations. ('65 Code, § 7-3.12) (Ord. 349-C.S., passed - - ) Penalty, see § 10.99

All excavated material piled adjacent to the trench or in any street shall be maintained in such a manner as not to endanger those working in the trench, pedestrians or users of the streets, and to inconvenience as little as possible those using the streets and adjoining property. The Administrative Authority may require the permittee to remove the excavated material from the work site. It shall be the permittee's responsibility to secure the necessary permission and make all necessary arrangements (permits, plans and the like) for all required storage and disposal sites.

('65 Code, § 7-3.13) (Ord. 349-C.S., passed - - ) Penalty, see § 10.99

Each permittee shall conduct and carry out excavation work in such a manner as to avoid unnecessary inconvenience to the general public and occupants of neighboring property. In the performance of the excavation work, the permittee shall take appropriate measures to reduce, to the fullest extent practicable, noise, vibration, dust and unsightly debris. On Sundays and holidays and between the hours of 6:00 p.m. and 7:00 a.m., the permittee shall not use, except with the express written permission of the Administrative Authority, or in case of emergency, any tool, appliance or equipment producing vibration or noise of sufficient volume or intensity to disturb the occupants of the neighboring property. ('65 Code, § 7-3.14) (Ord. 349-C.S., passed - - ) Penalty, see § 10.99

(A) Heavy duty pavement breakers may be prohibited by the Administrative Authority when their use may endanger existing substructures or other property.

(B) Sawcutting of pavement may be required by the Administrative Authority when the nature of the work or the condition of the street warrants. When required, the sawcut shall not be less than one inch in depth; however, depths greater than one inch may be required when circumstances warrant. Sawcutting may be required outside of the limits of the excavation over cave-outs, overbreaks and small floating sections.

(C) Sawcutting of bituminous pavement ahead of excavations may be required to confine pavement damage to the limits of the trench.

(D) Pavement shall be removed over cave-outs and overbreaks and the restoration shall be treated as part of the main excavation.

(E) Pavement edges shall be trimmed to a vertical face and neatly aligned with the centerline of the trench.

(F) Cutouts outside of the trench lines must be perpendicular or parallel to the trench line unless otherwise required by the Administrative Authority.

(G) Boring or other methods to prevent cutting of pavement may be required.

(H) All sections of sidewalk shall be removed by sawcutting unless removed to a construction joint.

('65 Code, § 7-3.15) (Ord. 349-C.S., passed - - ) Penalty, see § 10.99

The excavation work shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes and any other emergency facilities designated by the Administrative Authority.

('65 Code, § 7-3.16) (Ord. 349-C.S., passed - - ) Penalty, see § 10.99

(A) The permittee shall notify the owners of all facilities in the excavation area a minimum of two working days prior to excavating. The permit shall not be valid until the permittee receives a number from the one-call notification center, and enters that number upon the face of the permit.

(B) The permittee shall not interfere with any existing facility without the approval of the Administrative Authority and the owner of the facility. If it becomes necessary to relocate an existing facility, this shall be done by its owner or to the satisfaction of its owner. No facility owned by the Agency shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The cost of moving privately owned facilities shall be similarly borne by the permittee unless the permittee makes other arrangements with the person owning the facility.

(C) The permittee shall investigate and be aware of all existing facilities lawfully within the public place which are within the limits of his activity. Existing facilities in conflict with the excavation shall be exposed by excavating with hand tools, prior to machine digging, in accordance with applicable state laws.

(D) The permittee shall support, sustain and protect the facilities under, over, along or across the permitted work until final backfill consolidation is obtained. The permittee shall secure approval of the method of support and protection from the owner of the facility.

(E) In case any substructure should be damaged, and for this purpose pipe coating or other encasement or devices are to be considered as part of a substructure, the permittee shall promptly notify the owner thereof. All damaged facilities shall be repaired by the agency or person owning them or, if authorized by the owner, may be repaired by the permittee under the supervision of the owner. The expense of such repairs shall be charged to the permittee.

('65 Code, § 7-3.17) (Ord. 349-C.S., passed - - ) Penalty, see § 10.99

Whenever the use of a substructure is abandoned, except the abandonment of service lines three inches or less in diameter designed to serve single properties, the person owning, using, controlling or having an interest therein shall, within 30 days after such abandonment, file with the Administrative Authority a statement in writing giving, in detail, the location of the substructure so abandoned. If, within the period of one year after approval of abandonment, the abandoned facility interferes with a planned installation of the Administrative Authority or any other governmental department or agency, the owner may be required to remove the abandoned facility or affected portion thereof, or shall pay the costs for its removal.

('65 Code, § 7-3.18) (Ord. 349-C.S., passed - - ) Penalty, see § 10.99

The permittee shall backfill the excavation in a manner which is satisfactory to the Administrative Authority as required in the permit, consolidating the material to enable the public place to be restored to a condition at least equivalent to that prior to the excavation. When required, soil tests certified by a registered professional specializing in soils engineering are to be furnished by the permittee. Prior to resurfacing, tests when required must show that the backfill material meets the minimum requirements as prescribed by the Administrative Authority. The permittee may be required to bear the expense of such tests.

('65 Code, § 7-3.19) (Ord. 349-C.S., passed - - ) Penalty, see § 10.99

(A) Upon completion of the backfilling, temporary pavement material shall be used to resurface the excavated area unless otherwise specified. All temporary paving material shall conform closely enough to the level of the adjoining paved surface and shall be compacted so that it is hard enough and smooth enough for pedestrians and vehicular traffic to pass over it safely. The permittee shall be responsible for maintaining the temporary pavement.

(B) Within 30 days after completion of all backfilling, or as specified by the Administrative Authority, permanent resurfacing shall be commenced and diligently prosecuted to completion. The Administrative Authority reserves the option to place permanent pavement by its forces at the expense of the permittee. ('65 Code, § 7-3.20) (Ord. 349-C.S., passed - - ) Penalty, see § 10.99

(A) All construction and maintenance work shall be done in a manner designed to leave the area clean of earth, dust and debris and in a condition as nearly as possible to that which existed before such work began. As the excavation progresses, all public places shall be maintained free of all rubbish, excess earth and dust, rock and other debris resulting from such works. All cleanup operations at the location of such excavation shall be accomplished at the expense of the permittee. When ordered by the Administrative Authority, and in any event, immediately after completion of the work, the permittee shall clean up and remove all refuse within 24 hours after having been notified. Said work may be done by the Administrative Authority and the cost thereof charged to the permittee.

(B) If excavation through any landscaped area is necessary, the permittee shall, after the excavation has been backfilled, substantially restore the landscaping to its original condition. The permittee shall not remove, even temporarily, any existing trees or shrubs without first obtaining the consent of the Administrative Authority. ('65 Code, § 7-3.21) (Ord. 349-C.S., passed - - ) Penalty, see § 10.99

After work is commenced, the permittee shall prosecute with diligence all work covered by the permit. The permittee shall promptly complete such work and restore the site to a satisfactory condition so as not to obstruct the public place or travel thereon more than is reasonably necessary. ('65 Code, § 7-3.22) (Ord. 349-C.S., passed - - ) Penalty, see § 10.99

Nothing in this chapter shall prevent excavations as may be necessary to preserve life or property, to locate trouble in conduit or pipe, or to make repairs. The person making such emergency excavations shall apply to the Administrative Authority for a permit on the first working day after such work is commenced. ('65 Code, § 7-3.23) (Ord. 349-C.S., passed - - )

Any monument set for the purpose of location or preserving the lines of any street or property subdivision, or a survey reference point, or a permanent survey bench mark, shall not be removed or disturbed without first obtaining permission in writing from the Administrative Authority. Permission to remove or disturb such monuments, reference points or

bench marks shall only be granted upon condition that the person applying for such permission shall pay all expenses incident to the proper replacement of these monuments by the Administrative Authority.

('65 Code, § 7-3.24) (Ord. 349-C.S., passed - - ) Penalty, see § 10.99

The Administrative Authority shall make such inspections as are necessary in the enforcement of this subchapter and shall have the authority to promulgate and cause to be enforced such rules and regulations as may be necessary to enforce and carry out the intent of this subchapter. ('65 Code, § 7-3.25) (Ord. 349-C.S., passed - - )

Every person owning, using, controlling or having an interest in facilities under the surface of any public place shall have on file maps, each drawn to a scale of not less than one inch to 200 feet, showing in detail the plan location, size and kind of installation of their facilities, except service lines designed to serve single properties. These maps shall be made available to the Administrative Authority upon request. In the case of facilities carrying hazardous substances, the map shall include a profile showing record depths from the surface.

('65 Code, § 7-3.26) (Ord. 349-C.S., passed - - ) Penalty, see § 10.99

The Administrative Authority may cancel the privilege granted by the permit, for cause, and may remove the permit from the job location. A written report defining the cause shall be filed with a copy to the permittee within 24 hours of the incident.

('65 Code, § 7-3.27) (Ord. 349-C.S., passed - - )

The permittee shall indemnify and hold harmless the Administrative Authority, the city, its officers, boards, commissions, agents and employees against and from any and all claims, demands, causes of actions, actions, suits, proceedings, damages, costs and liabilities (including costs on liabilities of the city with respect to its employees) of every kind and nature whatsoever including, but not limited to, damages for injury and death, or damage to persons or property, and regardless of the merit of any of the same, and against all liability to others and against any loss, cost and expense resulting or arising out of any of the same, including any attorney fees, accountant fees, expert witness or consultant fees, court costs, per diem expense, traveling and transportation expense or other costs or expenses arising out of, or pertaining to, the exercise or the enjoyment of a permit granted pursuant to this subchapter whether such liability is created by the permittee, his subcontractor, or anyone directly or indirectly employed by him, and whether such damages accrue or are discovered before or after termination of said permit.

('65 Code, § 7-3.28) (Ord. 349-C.S., passed - - )

SPECIFICATIONS AND STANDARDS

(A) The official datum plane for the city shall be the datum plane heretofore established and fixed by the United States Geological Survey. ('65 Code, § 7-1.01)

(B) The datum plane so established shall be the datum plane for all purposes in the city for city work or for establishing elevations or grades of every description. ('65 Code, § 7-1.02)

(Ord. 274, passed - - )

Specifications in the Standard Specifications for Public Works for the construction of cement curbs in the city are hereby adopted as the specifications for the construction of cement curbs, so approved and filed with the City Clerk.

('65 Code, § 7-5.01) (Ord. 14, passed - - )

Specifications in the Standard Specifications for Public Works for the construction of cement gutters in the city are hereby adopted as the specifications for the construction of cement gutters, so approved and filed with the City Clerk.

('65 Code, § 7-5.02) (Ord. 15, passed - - )

(A) Specifications in the Standard Specifications for Public Works for the construction of cement sidewalks in the city are hereby adopted as the specifications for the construction of cement sidewalks, so approved and filed with the City Clerk. ('65 Code, § 7-5.03) (Ord. 16, passed - - )

(B) The space on streets to be used for sidewalk purposes between the property line and curb line shall be, unless otherwise fixed by ordinance, as follows:

(1) On streets having a total width of not less than 35 feet, three and one-half feet;

(2) On streets having a total width of not less than 40 feet, five feet;

(3) On streets having a total width of not less than 45 feet, seven and one-half feet;

(4) On streets having a total width of not less than 50 feet and not exceeding 60 feet, ten feet; and

(5) On streets having a total width of not less than 65 feet and not exceeding 100 feet, twelve feet.

('65 Code, § 7-4.01) (Ord. 401, passed - - )

Specifications in the Standard Specification for Public Works for the construction of cement and corrugated metal culverts in the city are hereby adopted as the specifications for the construction of cement and metal corrugated culverts, so approved and filed with the City Clerk.

('65 Code, § 7-5.04) (Ord. 17, passed - - )

STREET IMPROVEMENTS

It shall be unlawful for any person, either as principal, agent or employee, to make any improvements in any of the streets or highways of the city, or upon any tract of land, or portion thereof, in the city, which is proposed to be dedicated as a street or highway unless permission is first secured from the Community Development Director therefor and unless the deposit provided for in this subchapter is made.

('65 Code, § 7-6.01) (Ord. 201, passed - - ; Am. Ord. 253, passed - - ) Penalty, see § 10.99

(A) Bond. Before any such permission shall be issued, there shall be deposited with the Community Development Director for such improvements a bond or undertaking in favor of the city, to be approved by the Community Development Director, in the amount established by Council resolution as a guarantee that such improvements will be constructed in the time and manner provided by law.

(B) Deposits.

(1) Before any such permission shall be issued, there shall be deposited with the Community Development Director such sum of money as may be estimated by him to be necessary to cover the costs of inspection and supervision by the Community Development Department for such improvements. Should the amount required to be deposited prove to be insufficient to pay the costs and charges of supervision and inspection, all work under such permit shall cease until there has been deposited with the Community Development Director a sufficient amount of money, as estimated by him, to cover the necessary remaining inspection and supervision charges.

(2) In addition, should it become necessary to procure the services of the City Engineer to establish, fix or correct any grades or levels in connection therewith, the person making such improvement shall deposit with the Community Development Director the costs and charges of the City Engineer for such work so done by him. ('65 Code, § 7-6.02) (Ord. 201, passed - - )

All streets and highways to be improved or constructed in the city shall be improved or constructed with the following class of pavement:

(A) Residential. All streets and highways which are residential and not through streets or highways shall be improved or constructed of class B pavement, which class B pavement shall be not less than four inches of asphaltic concrete or its equivalent.

(B) Other. All other streets and highways shall be constructed of class A pavement, which class A pavement shall be not less than six inches of asphaltic concrete or its equivalent.

('65 Code, § 7-6.03) (Ord. 375, passed - - ) Penalty, see § 10.99

Such improvements shall be made under the direction and to the satisfaction of the Community Development Director and in accordance with the specifications currently in effect. All such work shall conform to the liens and levels which may, from time to time, be given by the City Engineer. ('65 Code, § 7-6.04) (Ord. 201, passed - - ) Penalty, see § 10.99

It shall be the duty of any person making such improvements to notify the Community Development Director prior to the commencement thereof so that the Community Development Director may ask an inspector to inspect the work.

('65 Code, § 7-6.05) (Ord. 201, passed - - ) Penalty, see § 10.99

Upon the acceptance of the work by the Community Development Director, he shall deduct from the deposits made the costs to the city of the inspections and supervision in connection with such improvements, and the remainder of such deposits, if there be any, shall be returned to the person making the same upon demand. ('65 Code, § 7-6.06) (Ord. 201, passed - - )

Except as otherwise provided in this subchapter, it shall be unlawful for any person to cause, permit or allow the contents of any cesspool, septic tank, water closet, sewer or sewage effluent, excrement, urine, slop water, butcher offal, market refuse, garbage, soapy water, wash water and industrial waste from manufacturing, processing or packing plants, rubbish, cans or any dead animal, fowl or vegetable matter to remain or be deposited or discharged upon the surface of the ground on any premises, lot or in any building, basement or in any public street or alley.

('65 Code, § 7-6.07) (Ord. 354-C.S., passed - - ) Penalty, see § 10.99

BLINKER LIGHTS ADJACENT TO STREETS

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BLINKER LIGHT. A light, whether colored or uncolored, which emits an intermittent light.

STREET. Every public street, alley, lane, court, place, drive, bridge, viaduct or trestle intended for use or used by the general public. ('65 Code, § 4-2.01) (Ord. 173, passed - - )

No person shall erect or maintain, or cause to be erected or maintained, any blinker light upon or adjacent to any street within the city, whether public or private property, which blinker light emits a light the same as, or similar to, highway warning, danger or signal lights and which blinker light is so located as to be visible from any public street except in accordance with the provisions of a permit in writing first obtained from the Council.

('65 Code, § 4-2.02) (Ord. 173, passed - - ) Penalty, see § 10.99

Any person desiring to erect or maintain any blinker lights upon or adjacent to any street so located as to be visible from any street shall first make application in writing so to do to the Council. The application shall state the proposed location of such lights and the kind thereof. ('65 Code, § 4-2.03) (Ord. 173, passed - - )

If the Council finds that the blinker lights proposed to be erected shall serve as a warning to persons using the street and will tend to increase the safety of the traveling public, the Council shall issue a permit in writing authorizing the erection and maintenance of such blinker lights. Such permit shall be valid until revoked, and no charge shall be made for any such permit.

('65 Code, § 4-2.04) (Ord. 173, passed - - )

The provisions of this subchapter shall not apply to advertising signs upon private property consisting of continuous or intermittent lights in the form of illuminated words, letters or figures, or portraying any advertising scene, figure or emblem and so constructed, arranged and located as to be clearly distinguished from a highway warning, danger or signal light.

('65 Code, § 4-2.05) (Ord. 173, passed - - )

BUILDING NUMBERING

(A) Streets running north and south. For the purposes of this subchapter, the names of all those portions of streets, now or hereafter laid out, running north and south or northerly and southerly, lying north of Las Tunas Drive, shall have prefixed to such respective name the word “North,” and the names of all those portions of such streets lying south of Las Tunas Drive shall have prefixed to such respective name the word “South.” ('65 Code, § 8-4.01)

(B) Streets running east and west. For the purposes of this subchapter, the names of all those portions of streets, now or hereafter laid out, running east and west or easterly and westerly, lying east of Del Mar Avenue, shall have prefixed to such respective name the word “East,” and the names of all those portions of such streets lying west of Del Mar Avenue shall have prefixed to such respective name the word “West.” ('65 Code, § 8-4.02)

(C) Mission Drive. Owing to the irregular way in which Mission Drive is laid out in the city, for the purposes of this subchapter, all that part of Mission Drive which is east or easterly from Del Mar Avenue shall have prefixed to such name the word “East,” and all that portion of Mission Drive lying between Del Mar Avenue and Santa Anita Street shall have prefixed to such name the word “West.” Other portions of Mission Drive shall be designated as set forth in division (A) of this section. ('65 Code, § 8-4.03)

(D) Santa Anita Street. Owing to the irregular way in which Santa Anita Street is laid out in the city, for the purposes of this subchapter, all that portion of Santa Anita Street lying west or westerly of Mission Drive shall have prefixed to such name the word “West.” All other portions of Santa Anita Street shall be designated as set forth in division (A) of this section. ('65 Code, § 8-4.04)

(Ord. 111, passed - - )

For the purposes of this subchapter and so as to more easily define and enumerate blocks and portions of streets lying between cross streets, abutting streets or a cross street and an abutting street, reference is hereby made to a map entitled “Map of San Gabriel,” which map is on file with the City Clerk and particularly sets out, defines and describes the different blocks, or portions of blocks, and the numbering system applicable thereto.

('65 Code, § 8-4.05) (Ord. 111, passed - - )

The starting points for numbers on buildings fronting on streets now or hereafter laid out or extended shall be as follows: On streets running north and south or northerly and southerly, Las Tunas Drive; on streets running east and west or easterly and westerly, Del Mar Avenue; provided, however, such starting point for any street which shall intersect both Las Tunas Drive and Del Mar Avenue shall be Las Tunas Drive. Numbers shall begin at such starting points and shall continue to the termination of the respective streets. ('65 Code, § 8-4.06) (Ord. 111, passed - - )

(A) Odd numbers. The numbers on the north and northerly and west and westerly sides of streets shall be odd.

(B) Even numbers. The numbers on the east and easterly and south and southerly sides of streets shall be even. ('65 Code, § 8-4.07) (Ord. 111, passed - - )

To each block there are hereby allotted 100 numbers or as many thereof as may be required. ('65 Code, § 8-4.08) (Ord. 111, passed - - )

(A) Number 101 shall be the first number used at the respective starting points in the sides of streets which are designated for odd numbers, and number 100 on the sides designated for even numbers.

(B) At the beginning of the second block in either direction from any respective starting point, the number 200 shall be the first number used on the “even” side of any street, and the number 201 on the “odd” side.

(C) At the beginning of the third block in either direction from any respective starting point, the numbers 300 and 301 shall be used in like manner, and the numbering shall so continue throughout the city.

('65 Code, § 8-4.09) (Ord. 111, passed - - )

All buildings erected shall be numbered in accordance with the provisions of this subchapter within 30 days after the time of their erection. ('65 Code, § 8-4.11) (Ord. 111, passed - - ) Penalty, see § 10.99

It shall be the duty of the Community Development Director to assign to the owner, agent or occupant of any building the proper number thereof, determined in accordance with the provisions of this subchapter, upon an application made to him for such number.

('65 Code, § 8-4.12) (Ord. 111, passed - - ; Am. Ord. 267-C.S., passed - - )

NEWS RACKS IN PUBLIC RIGHT-OF-WAY

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

NEWS RACK. Any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers or news periodicals.

PARKWAY. That area between the sidewalks and the curb of any street and, where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. PARKWAY shall also include any area within a roadway which area is not open to vehicular travel.

ROADWAY. That portion of a street improved, designed or ordinarily used for vehicular travel.

SIDEWALK. Any surface provided for the exclusive use of pedestrians.

STREET. All that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks. ('65 Code, § 5-25.01) (Ord. 159-C.S., passed - - )

No person shall install, use or maintain any news rack or other structure which projects into, onto or over any part of any roadway of any public street or which rests wholly or in part upon, along or over any portion of the roadway of any public street.

('65 Code, § 5-25.02) (Ord. 159-C.S., passed - - ) Penalty, see § 10.99

(A) No person shall install or maintain any news rack which in whole or in part rests upon, in or over any public sidewalk or parkway without first obtaining a permit therefor from the Community Development Director. Each application for such permit shall state:

(1) The location of each news rack to be installed or maintained in the city by the applicant; and

(2) The name, address and telephone number of the applicant.

(B) An amended application for such permit shall be filed with the Community Development Director in the event additional news racks are installed in the city or removed from the city by the applicant subsequent to the issuing of the original permit by the city.

(C) No more than one permit shall be required per applicant, regardless of the number of news racks he maintains in the city. Such permit shall be valid for one year and shall be renewed pursuant to the procedure set forth in this section for original applications.

(D) Permit applications shall be approved, with or without conditions, or disapproved with findings justifying disapproval within 10 days of receipt of a completed application. ('65 Code, § 5-25.03) (Ord. 159-C.S., passed - - ) Penalty, see § 10.99

No person shall install, use or maintain any news rack which, in whole or in part, rests upon, in or over any public sidewalk or parkway when such installation, use or maintenance endangers the safety of persons or property, or which site or location is used for public utility purposes, public transportation purposes or other governmental uses, or when such news rack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near such location. ('65 Code, § 5-25.04) (Ord. 159-C.S., passed - - ) Penalty, see § 10.99

Any news rack which, in whole or in part, rests upon, in or over any public sidewalk or parkway shall comply with the following standards:

(A) No news rack shall exceed five feet in height, 30 inches in width, or two feet in thickness.

(B) News racks shall only be placed near a curb or adjacent to the wall of a building. News racks placed near the curb shall be placed no less than 18 inches nor more than 24 inches from the edge of the curb. News racks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six inches from the wall. No news rack shall be placed or maintained on the sidewalk or parkway opposite a newsstand or another news rack.

(C) No news rack shall be chained, bolted or otherwise attached to any property not owned by the owner of the news rack or to any permanently fixed object.

(D) News racks may be placed next to each other; provided, however, no group of news racks shall extend more than eight feet along a curb or wall, and a space of no less than 18 inches shall separate each such group of news racks.

(E) News racks may be chained or otherwise attached to one another; provided, however, no more than three news racks may be joined together in this manner, and a space of no less than 18 inches shall separate each group of three news racks so attached.

(F) No news rack or group of attached news racks permitted by the provisions of division (E) of this section shall weigh, in the aggregate, in excess of 125 pounds when empty.

• (G) Notwithstanding the provisions of § 100.153 of this subchapter, no news rack shall be placed, installed, used or maintained:

• (1) Within five feet of any marked crosswalk;

• (2) Within 15 feet of the curb return of any unmarked crosswalk;

• (3) Within five feet of any fire hydrant, fire call box, police call box or other emergency facility;

• (4) Within five feet of any driveway;

• (5) Within five feet ahead of and 25 feet to the rear of any sign marking a designated bus stop;

• (6) Within six feet of any bus bench;

• (7) At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet;

(8) Within three feet of any area improved with lawn, flowers, shrubs or trees, or within three feet of any display window of any building abutting the sidewalk or parkway, or in such manner as to impede or interfere with the reasonable use of such window for display purposes;

(9) Adjacent to any curb bearing the authorized designation for 20-minute parking and so established pursuant to the provisions of § 72.065 of this code; or

(10) Within 20 feet of any United States Postal Service mail drop box located adjacent to any curb and designed for the deposit of mail directly from a motor vehicle.

(H) No news rack shall be used for advertising signs or publicity purposes other than those dealing with the display, sale or purchase of the newspaper or news periodicals sold therein.

(I) Each news rack shall be maintained in a clean, neat and attractive condition and in good repair at all times.

(J) No news rack may remain empty in excess of one week, and material offered for sale shall be the current edition of the publication so offered.

('65 Code, § 5-25.05) (Ord. 159-C.S., passed - - ; Am. Ord. 222-C.S., passed - - ) Penalty, see § 10.99

(A) No publication which is prohibited by the laws of the state from sale or distribution to minors may be offered for sale to the public unless such offer of sale is made or maintained in the presence of an attendant with the ability to prevent the purchase of such publication by a minor.

(B) No publication may be offered for sale to the public on any public right-of-way by means of such news rack in such manner as to expose to the public view any photograph or drawing contained within such publication displaying any of the following:

(1) The genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region of any person other than a child under the age of puberty; or

• (2) Any portion of the breast, at or below the areola, of any female person other than a child under the age of puberty.

(C) Every person shall be guilty of a misdemeanor who causes, permits, procures, counsels or assists in an offer of sale of any such publication in violation of the provisions of this section.

(D) Any publication offered for sale in violation of the provisions of this section shall constitute a public nuisance.

('65 Code, § 5-25.06) (Ord. 159-C.S., passed - - ) Penalty, see § 10.99

The Community Development Director is hereby empowered to adopt reasonable standards and regulations to implement the provisions and purposes of this subchapter based upon street and pedestrian traffic requirements, access to parking places and facilities and the public health, safety and welfare. ('65 Code, § 5-25.07) (Ord. 159-C.S., passed - - ) Penalty, see § 10.99

Prior to the issuance of a permit by the Community Development Director, the applicant shall provide evidence of the insurance coverage required under the city's insurance coverage standards as promulgated by the City Manager.

Upon a determination by the Community Development Director that a news rack has been installed, used or maintained in violation of the provisions of this subchapter, an order to correct the offending condition shall be issued to the owner of the news rack. Such order shall be mailed to the owner by certified mail, return receipt requested. The order shall specifically describe the offending condition and request the correction of the condition. Failure to properly correct the offending condition within five days after the mailing date of the order shall result in the offending news rack being summarily removed and processed as unclaimed property pursuant to the provisions of § 32.31 of this code. The Community Development Director shall cause an inspection to be made of the corrected condition or of a news rack reinstalled after removal pursuant to the provisions of this section. The owner of such news rack shall be charged an inspection fee established by Council resolution for each news rack so inspected. ('65 Code, § 5-25.10) (Ord. 159-C.S., passed - - )

(A) Any person or entity aggrieved by a finding, determination, notice or action taken pursuant to the provisions of this subchapter may appeal, and shall be apprised of his right to appeal, to the Council. An appeal shall be perfected within 10 days after the receipt of the notice of any protested decision or action by filing with the office of the City Clerk a letter of appeal briefly stating therein the basis for such appeal. A hearing shall be held on a date no more than 14 days after the receipt of the letter of appeal. The appellant shall be given at least five days notice of the time and place of the hearing. The Council shall give the appellant and any other interested party a reasonable opportunity to be heard in order to show cause why the determination of the Community Development Director should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the action taken by the Community Development Director. At the conclusion of the hearing, the Council shall make a final and conclusive determination.

(B) Except as otherwise provided in § 100.158 of this subchapter, the city shall not enforce compliance with an order to correct while an appeal therefrom is pending. ('65 Code, § 5-25.11) (Ord. 159-C.S., passed - - )

In the case of violations of the provisions of this subchapter relative to restrictions upon attachments of news racks to property other than that owned by the owner of the news rack, to fixed objects, or to each other, and upon the location of news racks, any city employee authorized by the Community Development Director may, as an alternative to removal pursuant to the provisions of § 100.159 of this subchapter, remove such attachment and/or move such news racks in order to restore them to a legal condition. ('65 Code, § 5-25.12) (Ord. 159-C.S., passed - - )

The Community Development Director shall keep and maintain an index file of all permits granted or renewed pursuant to the provisions of this subchapter. ('65 Code, § 5-25.13) (Ord. 159-C.S., passed - - )

PARADES

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. APPLICANT . A person who has filed a written application for a parade permit. PARADE . The assembly of three or more persons whose gathering is for the common design and purpose of travelling or marching in procession from one location to any other location to express feelings and beliefs on current political, religious, or social issues. PARADE PERMIT . Written approval from the Police Chief for a parade or procession. PERMITTEE . The person to whom a parade permit is granted pursuant to this subchapter.

POLICE CHIEF . The Police Chief or his or her designated agent.

SIDEWALK . That portion of a street intended for the use of pedestrians that is located between the curb lines, or lateral lines of a roadway, and the adjacent property lines. STREET . The entire width between the boundary lines of every way publicly maintained, when any part is open to the use of the public for purposes of vehicular travel.

(A) A person commits an offense if he engages in, participates in, aids, or commences a pedestrian parade or vehicular parade, or a combination of both, upon the streets of the city without making written application for and receiving a parade permit from the Police Chief.

(B) Application for a parade permit for a parade of more than 25 persons or more than three motor vehicles shall be made not less than five days, excluding Saturdays, Sundays, and legal holidays, prior to the date and time of the commencement of the parade. Application for a parade permit for a parade of 25 persons or less and three motor vehicles or less shall be made not less than 48 hours prior to the time of the commencement of the parade.

(C) No parade permit shall be required under this subchapter for the following:

(1) The armed forces of the United States of America, the military forces of the State of California, and the forces of the police and fire departments acting within the scope of their duties. (2) A funeral procession proceeding by vehicle under the most reasonable route from a funeral home, church, or residence of a deceased to the place of service or place of interment.

(3) A peaceful demonstration at a fixed location which is not a street.

(4) A sidewalk procession which observes and complies with traffic regulations and traffic control devices, using that portion of a sidewalk nearest the street, but at no time using more than one-half of the sidewalk.

(A) The application for a parade permit shall contain the following information and be signed by the applicant and sworn to before an officer authorized to administer oaths:

(1) The name, address, and telephone number of the applicant and of any other person, organization, firm, or corporation on whose behalf the application is made. (2) The date and time of day requested for the parade.

(3) The parade's commencement time, the specific route to be travelled, and the starting and termination points.

(4) The estimated number of persons to participate in the parade and the estimated number of animals that will be used.

(5) The estimated number, if any, of animals and riders, animal-drawn vehicles, floats, motor vehicles, motorized displays, and marching units or organizations such as bands, color guards, and drill teams.

(B) An application for a parade permit must be accompanied by a non-refundable application fee in an amount established by Council resolution. The Police Chief may waive the application fee if he finds, in response to an affidavit by the applicant, that the applicant is unable to pay the application fee because of indigence.

(A) Time requirement. Upon receipt of an application for a parade permit, the Police Chief shall furnish to the applicant within three days, excluding Saturdays, Sundays, and legal holidays, appropriate approval or denial of the permit.

(B) Alternate route . Should the application for a parade permit reveal that the parade route requested will interfere with the orderly flow of vehicular and pedestrian traffic, the Police Chief shall have authority to establish a reasonable alternate route and regulate the width of the parade.

(C) Denial. The Police Chief shall deny a parade permit when the parade for which the permit is requested would:

(1) Begin during, or within two hours after the end of, a parade for which a permit has been granted and follow a route that passes within one-half mile of any point of the route of the parade for which a permit has been granted; or

(2) Unreasonably disrupt the orderly flow of traffic, and no reasonable means of rerouting traffic or otherwise meeting traffic needs is available.

(D) Revocation. The Police Chief shall revoke a parade permit if:

(1) The parade fails to begin within 30 minutes of the appointed time of commencement; or

(2) The information contained in the application for a parade permit is found to be false in any material detail.

If the Police Chief denies or revokes a parade permit, this action shall be final unless the applicant or permittee shall, within two days after the receipt of notice of the denial or revocation, file with the City Manager a written appeal. The City Manager shall, within 24 hours after the appeal is filed, consider all the evidence in support of or against the action appealed and render a decision either sustaining or reversing the denial or revocation. The decision of the City Manager shall be final.