Sierra Madre Municipal Code Ch. 12.12 Obstruction of Streets, Sidewalks and Public Places

Footnotes:

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Editor's note— Ord. No. 1332, § 1, adopted November 27, 2012, amended Chapter 12 in its entirety to read as herein set out. Former Chapter 12, §§ 12.12.010—12.12.060, pertained to similar subject matter and derived from Prior code § 5402, and §§ 6100—6104; Ord. 1127, § 4, adopted 1996; and Ord. 1158, §§ 1, 2, adopted 1998.

Except as provided in Section 12.12.020, unless the actions are taken consistent with the provisions of an encroachment permit authorized by this chapter, or an excavation permit issued pursuant to Chapter 12.16 (Excavations), it is unlawful for any person, firm or corporation to, under, over, or upon any public sidewalk, public street, public alley or other public property:

A. Place, or cause to be placed, installed, or to leave or to permit to remain, any items. Such prohibited items include goods, construction or landscaping materials, construction or landscaping equipment, boxes, barrels, hand-carts, hand-trucks, benches, seats, or furniture (whether indoor or outdoor), or any other article, structure (whether or not fixed to the realty) or substance which inhibits the use thereof.

B. Allow or cause the packing or unpacking of any items listed in subsection A above that had been delivered to that location.

(Ord. No. 1332, § 3, 11-27-12)

No encroachment permit is required if:

A. The items listed in subsection A of Section 12.12.010 are in actual process of receipt, delivery, or removal;

B. The city council expressly authorized the actions and indicated that no encroachment permit was required; or

C. A special events permit was issued for the use, and that permit expressly indicated that no encroachment permit was required for the use.

(Ord. No. 1332, § 3, 11-27-12)

A. The director of public works and the director's designee(s), if any, may approve, conditionally approve, or deny any application for an encroachment permit. Conditions may include, among other things, limitations on the number of days and hours for which the encroachment is authorized, a requirement that the applicant indemnify and hold the city harmless for the proposed activities, requirements to clean up and/or repair the public property within a time frame shorter than otherwise required by this chapter, and requirements to take adequate safety precautions.

B. As part of its hearing of any appeal, the planning commission and city council may waive requirements of this chapter.

(Ord. No. 1332, § 3, 11-27-12)

The applicant for any encroachment permit shall provide the director of public works a completed application that includes all of the following:

A. Address. The name, address and principal place of business of the person, firm or public or private corporation making the application.

B. Description of Proposed Encroachment(s). A detailed statement describing the proposed encroachment(s) and includes the following information:

1. Location(s) of the proposed encroachments and the purpose of each;

2. What special materials, if any, will be placed in the streets, and the amount of room required;

3. Purpose of proposed encroachment(s);

4. Expected effects of the proposed encroachment(s);

5. Duration of the proposed encroachment(s);

6. Whether the encroachment(s) is/are related to another use for which another permit is required;

7. A traffic control plan is required for obstruction of roadway traffic lanes.

C. Fee. The required permit application fee, in the amount set by resolution of the city council.

D. Cash Deposits. A cash security deposit may be required by the director to ensure that the site is utilized in a manner consistent with the permitted use of the site. The deposit may be used to offset costs which may be incurred by the city in the event that encroachment area must be cleared or cleaned by city personnel. Any unused portion of the deposit shall be returned to the applicant.

E. Additional Information. Any additional information reasonably deemed necessary by the director of public works to maintain the use of the public streets for the public good.

(Ord. No. 1332, § 3, 11-27-12)

A. Policies. The director of public works shall only allow the use of public sidewalks for dining purposes subject to the following policies:

1. Insurance Requirements:

a. The applicant shall place on file with the city, and maintain in full force and effect, at its own expense, a general comprehensive liability insurance policy or policies which shall insure grantee and provide primary coverage for the city, its officers, boards, commissions, agents, volunteers and employees, against liability for loss or liability for personal injury, death, and property damage. Each such policy shall contain the standard cross-liability endorsement, shall be issued by an insurer admitted in California with a rating of at least A:VII in the latest edition of Best's Insurance Guide, and shall be in a form approved by the city attorney, with minimum combined single limits of liability coverage or the equivalent thereof in the amount of not less than one million dollars. The policy or policies shall name the city, its officers, boards, commissions, agents and employees as additional insured at no cost to the city.

b. The applicant must place on file a certificate of worker's compensation insurance including employer's liability to afford protection for all claims under the California Workers Compensation Act.

c. The insurance carrier(s) must be licensed to do business in California.

d. All certificates must agree to provide city at least thirty days' prior notice of cancellation of insurance, except that notice need only be provided ten days prior to cancellation due to non-payment of premiums.

e. Businesses shall be responsible for timely reimbursement of any deductible amount for any claim or suit which may be presented.

f. The applicant shall possess a valid city business license.

2. Tables Beyond Store Facade. Tables within the public sidewalk for outside dining purposes may be placed beyond the limits of the sponsoring store facade length, pursuant to the following provisions:

a. The applicant shall obtain the written authorization of the store, office or other establishment in front of which the outside dining tables are proposed to be located. If the occupant of such establishment is a tenant, the tenant shall include an affirmative statement that the conditions of their lease authorize them to provide such authorization. If the lease terms do not contain the aforementioned provisions, the property owner must provide the written authorization. Such authorization will be kept on file with the city.

b. The location of outside dining tables shall not conflict with the reasonable access to the stores, offices and establishment where the outside dining tables are proposed to be located.

c. The total length of area where outside dining tables may be located beyond the sponsoring store facade shall be limited to a distance no greater than the facade length of the neighboring establishment(s) and/or store(s) abutting either side of the sponsoring establishment, or fifty feet, whichever is less.

d. Such authorization by the adjoining establishment(s) and/or store(s) shall be concurrent with the duration of the encroachment permit issued to the sponsoring establishment by the director of public works. Such authorization must be reestablished during each renewal of the encroachment permit.

e. If, during the period of the active encroachment permit, the adjoining establishment's tenant and/or property owner determines that it is no longer desirable for the sponsoring establishment to place outside dining tables in front of their establishment, such tenant and/or property owner shall notify the director of public works in writing. Upon such notification, the director of public works may require the placement of such outside dining tables to be modified or eliminated.

3. ADA. The proposed sidewalk uses must comply with the American Disabilities Act and Title 24.

4. Five-Foot Walkway. A minimum five-foot wide continuous walkway for pedestrian use is required.

5. Line of Sight. Objects placed on the sidewalk must not interfere with a safe line-of-sight distance resulting in traffic safety hazards.

6. Lighting. Lighting that might interfere with the safe operation of vehicles or be glaring to pedestrians shall not be used.

7. Clean Sidewalk. The sidewalk must be kept clear of litter and food scraps at all times. The sidewalk must be swept at the end of the business day by the permittee if food is consumed in the sidewalk area. At the determination of the director of public works, a thorough cleaning of the sidewalk may be required to bring the area to a sanitary condition.

8. Umbrella Canopies. The lowest portion of umbrella canopies must be a minimum of six feet eight inches in height and must not obstruct the view of pedestrians or the motoring public in such a way as to create a safety hazard. Chairs, tables/umbrellas shall be of high quality materials and reflect appropriate community design. The director of planning and community preservation shall approve the color and quality of the furniture.

9. Heat Lamps. Heat lamps are not allowed within the sidewalk dining area. Heat lamps may be allowed in patio areas so long as location and dimensions are in line with the outdoor dining permit regulations.

10. No Overnight Tables. The sidewalk dining area must be cleared of all tables, chairs and other obstacles at the end of each business day.

11. Employee Service. An employee must be available to serve customers as needed and keep the permitted area clean.

12. Umbrella Installation. The bases of the tables with umbrellas must be well maintained, heavily bottom weighted (e.g. sand filled), and removed at the close of each working day/night, No permanent fixture or hole, etc. shall be constructed on the public sidewalk.

13. No Chairs Near Curbs. No chair legs shall be within eighteen inches of the curb facing.

14. Alcohol Sales. On-site sale of alcoholic beverages are prohibited unless authorized via approved conditional use permit and unless a pursuant to a valid license issued by the California Department of Alcohol Beverage Control.

15. Notice to City. The city must be notified immediately if there is any defect on public property in order that it be remedied immediately.

16. Annual Renewal. The encroachment permit shall be valid for the period between the issuance of the encroachment permit and the first July 1 to thereafter occur plus one additional year thereafter. The director of public works may renew the encroachment permit for additional periods of up to one year each, following review and approval of the operation. If the director of public works considers additional or revised conditions desirable, such new conditions may be imposed upon the extension.

17. An encroachment permit for the use of public sidewalks for dining purposes is not transferable. Encroachment permits shall expire if the outdoor dining use was discontinued for a period of one hundred eighty days or more.

18. An encroachment permit for the use of public sidewalks for dining purposes shall be granted solely for the purpose specified in the permit. Any changes, modifications or revisions to the approved use shall be subject to prior written approval of the director of public works.

19. The use of public sidewalks for dining purposes is an interruptible or terminable permit granted by the city. The city shall have the right and power, acting through the director of public works, to prohibit the operation of sidewalk dining at any time due to anticipated or actual problems, conflicts or emergencies. Such problems and conflicts may arise from but are not limited to, failure to apply for and receive a sidewalk dining permit prior to July 1 of each year, scheduled festivals and similar events, or parades or marches, or repairs to the street and/or sidewalk, or from demonstrations or emergencies occurring in the area. To the extent possible, the permittee shall be given prior written notice of any time period during which the operation of the sidewalk dining will be prohibited by the city.

B. Procedures. The director of public works shall only allow the use of public sidewalks for dining purposes subject to the following procedures:

1. Encroachment Permit Submittal.

a. The applicant shall obtain and file an encroachment permit application for sidewalk dining in the office of public works.

b. The applicant shall submit an application on a form by the city indicating pertinent information but including but not limited to:

i. The length and width of the sidewalk from the face of the building to the curb, the total square footage and exact dimension of the proposed dining area, and the proposed pedestrian circulation pattern;

ii. The location of any trees, benches or trash cans and the type of parking (i.e. parallel parking, angle parking);

iii. The size, number and location of the tables and chairs; and the height and width of the umbrellas;

iv. The materials of the tables, chairs and umbrellas shall be approved by the director of development services.

c. The director of public works shall forward one copy to the development services department, business license department, code enforcement, and any other departments the director deems necessary.

d. In determining whether to issue an encroachment permit for the use of public sidewalks for dining purposes, the director of public works shall consider comments from the business licensing department and the development services department (and any other department deemed necessary) and the findings of the department of public works.

e. Conditions of approval may be imposed on any encroachment permit for the use of public sidewalks for dining purposes to ensure that the proposed use will ensure the protection of the public health, safety and general welfare of the community. The permit shall not become effective until all applicable conditions of approval for the permit have been met. All conditions of approval shall be observed throughout the duration of the permit.

2. Fee Schedule. The city shall establish a schedule of fees for encroachment permit adopted by resolution of the city council.

C. Criteria for Approval. The public works director may approve applications for encroachment permits under this section if the director finds that doing so would:

1. Not unreasonably impinge on the public use of the sidewalks.

2. Comply with the requirements and purposes of the general plan and municipal code.

D. Planning Commission Consideration. Upon the discretion of the public works director, an application requesting that a permit be issued pursuant to this section, may be schedule for consideration by the planning commission.

E. Appeals. Any determination of the director of public works of whether to approve, conditionally approve, or deny an application that an encroachment permit be authorized pursuant to this section, may be appealed to the planning commission pursuant to Chapter 17.66 (Appeals and Calls for Review). The determination of the planning commission may be appealed to the city council, consistent with the procedures of Chapter 17.66.

(Ord. No. 1332, § 3, 11-27-12; Ord. No. 1406-U, § 4, 12-11-18; Ord. No. 1443, § 2, 6-22-21; Ord. No. 1466, § 6, 3-28-23)

Editor's note— Ord. No. 1406-U, § 4, adopted Dec. 11, 2018, changed the title of § 12.12.050 from "Outdoor dining" to read as herein set out.

A. Purpose. The purpose and intent of the city council in enacting the provisions of this chapter are to:

1. Promote and protect the health, safety, comfort, convenience and general welfare of the city's residents and businesses;

2. Establish standards in accordance with applicable state regulations, including, without limitation, Senate Bill 946, for the orderly operation of sidewalk vendors in the city;

3. Establish regulations for the operation of sidewalk vendors to preserve the visual aesthetic and other characteristics of the city by reducing, to the greatest extent feasible, adverse impacts on nearby properties and the community as a whole; to assure compatibility with properties adjacent to such uses; and, to protect the general health, safety, welfare, and quality of life of the residents of the city;

4. Prohibit the operation of stationary sidewalk vendors within residential zones; and

5. Regulate the operation of sidewalk vendors in nonresidential zones.

B. Definitions. In addition to the other definitions used in this title, the following words and phrases shall have the following meanings when used in this chapter unless the context clearly requires otherwise:

"Food or food products" means any type of edible substance or beverage.

"Sidewalk vendor or peddler" means someone who sells food or merchandise from nonmotorized conveyances, from his or her person, or from the public sidewalk or paved pedestrian path.

"Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location.

C. Sidewalk Vending Program.

1. Only sidewalk vendors with valid sidewalk vending permits issued by administrative services may vend upon the city's public sidewalk or paved pedestrian path.

2. A sidewalk vending permit shall be valid for a period of one calendar year, unless sooner revoked or abandoned as set forth in this chapter.

3. To apply for a sidewalk vending permit or a renewal of a sidewalk vending permit, the applicant must provide:

a. A completed application form containing:

1. Their name and mailing address;

2. Description of the food or merchandise offered for sale or exchange;

3. If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal and any owners of the company, partnership, or corporation; and

4. Certification that the information is true to his or her knowledge and belief.

b. A copy of a California's driver's license or identification number, an individual taxpayer identification number, or a social security number. Such information is not a public record and will remain confidential as required by ssection 51038(c)(4).

c. A copy of a valid California Department of Tax and Fee Administration seller's permit, as required.

d. A copy of a valid mobile food permit issued by the Los Angeles County Department of Public Health, as required.

4. A stationary sidewalk vendor is prohibited from operating in a city park if the city has entered into exclusive agreements for the sale of food or merchandise by one or more concessionaires for that city park.

5. A sidewalk vendor is prohibited from operating within five-hundred feet of a permitted certified farmers' market, a permitted swap meet, or any area subject to a temporary use permit for the duration of the permit.

6. A sidewalk vendor shall maintain a distance of fifty feet from any other sidewalk vendor.

F. Violation—Administrative Citation.

1. Every person violating any other provision of this chapter is guilty of a code violation punishable by an administrative citation not to exceed:

a. One hundred dollars for a first violation; or

b. Two hundred dollars for a second violation within one year of the first violation; or

c. Five hundred dollars for each additional violation within one year of the first violation.

d. The public works director may rescind a sidewalk vendor permit for the remaining term of the permit upon a fourth or subsequent violation of this chapter.

2. Every person vending without a sidewalk vending permit is guilty of a violation punishable by an administrative citation pursuant to the procedures set forth in Section 1.18.090, administrative citations, in an amount not to exceed:

a. Two hundred fifty dollars for a first violation; and

b. Five hundred dollars for a second violation within one year of the first violation; and

c. One thousand dollars for each additional violation within one year of the first violation.

3. Failure to pay an administrative fine is not punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized will not be assessed. However, the city may levy a lien on the violator's real or personal property, including the vehicle used for vending purposes.

4. A violation of this article constitutes a separate and distinct violation for each day that it exists and each such violation may be subject to the maximum fine permitted under this chapter.

5. Upon proof of a valid permit issued by the local authority, the administrative fines set forth in this paragraph shall be reduced to the administrative fines set forth in paragraph (1), respectively.

6. Ability-to-Pay Determination.

a. In addition to the applicable procedures set forth in [Section] 1.18.090, any fine issued under subsection F.1. or F.2. above will be accompanied with a notice of and instruction regarding the right to request an ability-to-pay determination.

7. The sidewalk vending permit application shall require the applicant to agree, in writing, to comply with all the provisions of this chapter and all applicable provisions of the Sierra Madre Municipal Code.

D. General Regulations.

1. To maintain accessibility standards for the city's disabled residents, every sidewalk vendor operating on any sidewalk or public sidewalk or paved pedestrian path must ensure that no obstruction is placed in the public sidewalk or paved pedestrian path that would reduce the width of the sidewalk or paved pedestrian path to less than forty-eight inches, exclusive of the top of the curb.

2. To prevent food-borne illness and protect the health and safety of the city's residents, every sidewalk vendor selling any food or beverage is required to wear a hairnet and food service gloves.

3. To prevent dangerous distractions and promote the general welfare of the city's residents, sidewalk vendors emitting any loud, unnecessary and unusual noises must comply with the general noise regulations as stipulated in Chapter 9.32.100 of the Sierra Madre Municipal Code.

4. A sidewalk vending permit does not provide an exclusive right to operate within any specific portion of the public right-of-way.

5. Equipment or objects used for sidewalk vending purposes left or maintained in public spaces or in any portion of the public right-of-way will be considered discarded and may be seized or disposed of by the city.

6. To facilitate the enforcement of this chapter, every sidewalk vendor must display their city-issued sidewalk vending permit on the street-side portion of their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance when operating on the public sidewalk or paved pedestrian path.

7. To prevent unintended rolling or slipping, a sidewalk vendor is prohibited from operating a pushcart, pedal-driven cart, wagon, or other nonmotorized conveyance on a public sidewalk or paved pedestrian path with a slope greater than five percent.

8. No sidewalk vendor shall obstruct access to or from any business, entrance, public water fountain or other public facility, adjacent to the public sidewalk or paved pedestrian path.

E. Specific Regulations.

1. Sidewalk vending hours' limitations in areas zoned for nonresidential use will be as restrictive as any limitations on hours of operation imposed on other businesses or uses on the same street.

2. Sidewalk vending is limited to the hours of nine a.m. through five p.m. for areas that are exclusively nonresidential.

3. Stationary sidewalk vendors are prohibited from operating in areas that are exclusively residential.

4. A stationary sidewalk vendor is prohibited from operating in a city park if the City has entered into exclusive agreements for the sale of food or merchandise by one or more concessionaires for that city park.

5. If the requestor is receiving public benefits under Government Code Section 68632(a), or has a monthly income which is one hundred twenty-five percent or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the public works director will limit the total amount of the requestor's administrative fine to twenty percent of the total.

(Ord. No. 1406-U, § 5, 12-11-18)

A. Duty to Clean Up Site. If an encroachment permit was issued that authorized the temporary placement of items of any kind whatsoever (including paving, building or landscaping materials), all items not authorized to remain on site shall be removed, including any unused construction material, debris or rubbish. The area subject to the encroachment permit shall be returned to a condition that is as good as it was prior to the placement of any items, and any work.

B. Five Days' Grace Period. The encroachment permit holder shall have five days to complete all work mandated by subsection (A) of this section.

(Ord. No. 1332, § 3, 11-27-12)

A. Warning Lights. Every person, firm, or public or private corporation erecting or leaving any obstruction in the traveled part of any public highway, or causing the same to be erected or left, shall place and maintain, until such obstruction is removed:

1. Lights at each end of such excavation or obstruction at distances of not more than twenty-five feet along such obstruction from sunset of each day to sunrise of the next day, until such obstruction is removed; and

2. Reflective barriers placed at each end of any obstruction.

B. Detour Signs. Posting of detours and other temporary traffic control activities shall conform with one of the following:

1. The latest edition of the Work Area Traffic Control Handbook (WATCH Manual);

2. The California Joint Utility Traffic Control Manual;

3. A detour plan prepared by a licensed traffic engineer, and approved by the director of public works.

(Ord. No. 1332, § 3, 11-27-12)

In any permit granted under this chapter the director of public works may specify what lights, barriers, warning signs or other measures designed to protect the public must be erected, maintained or provided by the person, firm or corporation to whom a permit is issued; provided, however, any omission on the part of the director of public works to specify, in a permit, what lights, barriers or warning signs shall be erected and maintained by the permittee shall not excuse the permittee from observing any and all requirements of this chapter, nor from any duties to adequately warn the public of dangers.

(Ord. No. 1332, § 3, 11-27-12)

No permit issued under this chapter shall be transferable to a third party except if mandated by state law. Any party wishing to succeed to the same rights authorized pursuant to an encroachment permit may apply directly to the city for an encroachment permit.

(Ord. No. 1332, § 3, 11-27-12)

Every permit shall become void unless the authorized actions are started on the date specified in the permit, and if no date is specified in the permit, within sixty days of issuance of the permit. The public works director may also cancel a permit if, in the director's reasonable discretion, the work was not diligently and continuously prosecuted to completion within sixty days from the date of the first actions taken under the permit.

(Ord. No. 1332, § 3, 11-27-12)

A. License Only. An encroachment permit is a license and does not convey any real property rights.

B. Immediate Suspension Authorized. The public works director may immediately suspend an encroachment permit for any reason or no reason, but shall, whenever possible, endeavor to provide reasonable prior notice of any suspension. If the order of suspension is not timely appealed, the public works director may revoke the permit. If the order of suspension is appealed pursuant to Section 12.12.120, the suspension shall continue in effect until the city council determines whether to revoke, suspend, or continue the applicability of the permit, with or without additional conditions.

(Ord. No. 1332, § 3, 11-27-12)

Except as otherwise provided in Section 12.12.050, decisions made by the public works director of whether to authorize, conditionally authorize, deny, revoke, or suspend a permit may be appealed directly to the city council by any aggrieved party, provided the aggrieved party, within ten days of the allegedly improper decision files the appeal with the director of public works and pays the appeal fee, which amount may be established by resolution. The city council may overturn the director's determination if it determines that doing so would be in the public interest.

(Ord. No. 1332, § 3, 11-27-12)