Walnut Municipal Code Ch. 5.12 County Streets and Highways

A. Adopted.

1. There is adopted by reference, as hereinafter provided, as a highway permit ordinance of the City of Walnut, except as hereinafter amended, Ordinance No. 3597 of the County of Los Angeles, the highway permit ordinance as amended and in effect to date and as further amended by Ordinance No. 12,038 of the County, which ordinance regulates streets and highways and provides for issuance of permits and collection of fees and for the moving of buildings, the making of excavations in the public streets, the laying, constructing and repairing of curbs and sidewalks, and sets requirements for underground T.V. distribution systems.

2. Three copies of Ordinance No. 3597 of the County, as amended to date and further amended by Ordinance No. 12,038 of the County, have been deposited with the City Clerk and shall be at all times maintained by the City Clerk for use and examination by the public.

B. Definitions. Whenever any of the following names or terms are used in Ordinance No. 3597 of the County of Los Angeles, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:

"County," "County of Los Angeles," or "unincorporated area"

means the City of Walnut.

"Superintendent of streets"

means the Road Commissioner of the County of Los Angeles or such other person as may be appointed to act in such capacity by the City Council of the City of Walnut from time to time by resolution or minute order.

A. Required. No person shall hold, manage, conduct, carry on or participate in, any parade, march or procession of any kind or any other similar activity or bear or play any drum, triangle, tambourine or any wind or string instrument upon any public street or alley in the City without first having applied for and obtained a permit therefor from the City Manager or designee.

B. Application. Any person desiring to do any of the acts specified in subsection A of this section shall file a letter of application with the City Manager setting forth the following information in regard to the proposed event:

1. The name and address of the applicant;

2. The purpose;

3. The date and time;

4. The place or route;

5. Proof of liability insurance naming the City of Walnut as additional insured in the amount of one million dollars;

6. Submission of an application processing fee in the amount of $50.00;

7. If application is approved, said group will be responsible to pay any and all parade costs for additional law enforcement personnel and City maintenance personnel and equipment, which are deemed necessary to ensure for the safety of parade participants and spectators.

C. Issuance. All applications filed pursuant to subsection B of this section shall be acted upon by the City Manager or designee within a reasonable time from the date of filing.

Should the City Manager after an investigation of the applicant and the facts contained in the application determine that the applicant has stated true facts in the application and the event as proposed will not interfere unduly with the use of the streets and will not tend to cause a breach of the public peace, he or she shall issue a permit, designating the time, place and route of such event.

D. Appeals. In the event the application is denied, the applicant may file with the City Clerk a statement of the reasons why it is believed that the City Manager or designee acted improperly. The City Council at its next regular meeting held after the date on which such appeal is filed with the City Clerk, shall hear the appeal and the determination of the City Council thereon shall be final.

It is unlawful for any person to deposit, drain, wash, allow to run or divert into or upon any public road, highway, street or alley, drainage ditch, storm drain or flood control channel owned by or controlled by any public agency within the City, any water, mud, sand, oil or petroleum.

A. Applicability of Section. The provisions of this section are intended to provide a method by which the Road Commissioner of the County, acting as the City Engineer under a street maintenance agreement, may accept savings and loan certificates in lieu of general deposits and to negotiate the certificates in payment of fees. Such provisions shall apply in all instances where a highway or street permit is required in the City under any provisions of this chapter, including, but not confined to, moving permits, obstruction or excavation permits.

B. Waiver of Prepayment of Issuance Fees. At the request of a permitted who maintains with the Commissioner a general deposit or an undertaking or has deposited with the Commissioner and assigned to the City savings and loan certificates or shares in lieu of, or in augmentation of, a general deposit as provided in this code, and to whom an average of more than 75 permits has been issued monthly, the average to be based on the previous fiscal year’s experience, or in the absence of such experience to be based on the three most current calendar months’ experience, the Commissioner may waive the requirement covering prepayment of the issuance fees and bill the permitted for issuance fees covering permits issued subsequent to such request. The Commissioner may revoke such waiver at any time.

C. Deposit of Savings and Loan Certificates. In lieu of making either a general or special deposit, or filing an undertaking, or to supplement a general deposit or undertaking, or both, not sufficient in amount, the moving contractor may deposit with the Commissioner and assign to the City savings and loan certificates or shares.

D. Amount of Deposit Required. Except in the case of construction with the City where a faithful performance bond is posted or savings and loan certificates or shares are deposited and assigned to the City which guarantee to the City the repair of the highway, including construction financed in whole or in part by special assessments, each applicant for a permit in addition to payment of the issuance fee, shall deposit with the Commissioner a sum of money in no event less than $10.00, which is twice the estimated cost to the nearest five dollars of repairing the surface of the highway which may be damaged or destroyed by the proposed excavation or construction.

E. Increases in Deposits, etc.

1. If, in the opinion of the Commissioner, any special or general deposit or undertaking, or deposit and assignment of savings and loan certificates or shares, or any combination thereof, is not sufficient for the proper protection of the public interest in the highways, including any trees thereon, over which it is sought to move a building or structure, the Commissioner may require either an additional deposit or an increase in the amount of the bond or the deposit and assignment of additional savings and loan certificates or shares in such amount as he or she determines will be sufficient to protect such public interest.

2. If, in the opinion of the Commissioner, any special or general deposit, or any undertaking, or any deposit and assignment of savings and loan certificates or shares is not sufficient for the protection of the public interest in the highways in which it is proposed to place obstructions, the Commissioner may require an additional deposit, or that the amount of the undertaking be increased, or that additional savings and loan certificates or shares be deposited with the Commissioner and assigned to the County, to such an amount as he or she determines will be sufficient to protect the public interest.

F. Billing Authorized—Failure to Pay Bill.

1. If a moving contractor makes and maintains either a general deposit with the Commissioner, or an undertaking, or has deposited and assigned savings and loan certificates or shares, as provided in this chapter, the Commissioner may bill the moving contractor for the amount due from him or her to the City under the provisions of this chapter. If, 15 days after such bill has been sent, the moving contractor does not pay the same in full, then such amount may be deducted from his or her general deposit, or the Commissioner shall recover upon such undertaking or the Commissioner may cash a sufficient number of savings and loan certificates or shares which have been assigned to the City and withdraw a sufficient sum to pay such amount.

2. The Commissioner may bill any person obtaining a permit to place obstructions in the streets for the amount owed by him or her to the City, under the provisions of this chapter. If such an amount is not paid within 15 days of the transmission of such bill the Commissioner may deduct such amount from the general deposit, or may recover upon such undertaking or may cash a sufficient number of savings and loan certificates or shares which have been assigned to the City and withdraw a sufficient sum to pay such amount.