West Covina Municipal Code Art. I In General

All public improvements, construction and dedications required and described in this chapter shall conform to the standards and specifications of the city as specified in this chapter and in the printed standards on file in the offices of the city clerk and city engineer and in the applicable portions of the latest editions of the State of California, Department of Transportation "Standard Specifications" and the American Public Works Association "Standard Specifications for Public Works Construction," copies of which are also on file in said offices. The printed standards and specifications are adopted and authority is vested in the city engineer to amend and change such standards and specifications from time to time as the city engineer deems to be in the best public interest, provided such amendments and changes are filed with the city clerk prior to implementation.

(Ord. No. 2448, § 1, 3-19-19)

Editor's note— Ord. No. 2448, § 1, adopted Mar. 19, 2019, repealed the former section and enacted a new section to read as set out herein. The former section pertained to similar subject matter and derived from Ord. No. 2237, § 1, 10-2-12.

Cross reference— Building code, Ch. 7, Art. II; electrical code, Ch. 7, Art. IV; housing code, Ch. 7, Art. V; mechanical code, Ch. 7, Art. VI; plumbing code, § 7-85; fire prevention code, Ch. 10.

(a) Except as otherwise permitted in this section, no person shall enter or encroach upon the natural stream bed or improved channel of that portion of Walnut Creek which extends in a southwesterly direction from the easterly boundary of the city whenever water is flowing in excess of twelve (12) inches in depth in the natural stream bed or unpaved section of the improved channel of such waterway or in excess of two (2) inches in depth in the paved section of the improved channel of such waterway or whenever water is stored in excess of twelve (12) inches in depth in any depression or pool or otherwise retained in the natural stream bed or improved channel of such waterway.

(b) Every parent and every guardian who suffers, allows, or permits any minor in his custody as such parent or guardian to violate any of the provisions of this section, is guilty of a misdemeanor.

(c) This section does not apply to any entry in the course of duty by any peace or police officer or by a duly authorized employee of any federal, state, county, city or district agency, or to any entry by the owner of the real property traversed by the natural stream bed or improved channel, or to the owner's agent, or to any person, or agent of a firm or corporation authorized entry by written permit issued by the chief engineer of the Los Angeles County Flood Control District or to any person who in an emergency requires entry.

(Code 1960, § 4103)

It shall be unlawful for any person, singly or in concert with others, to engage in picketing or mass demonstrations in such a manner as to obstruct or unreasonably interfere with free ingress or egress to or from any public premises or place of business or employment or so as to obstruct or unreasonably interfere with the free use of public streets, sidewalks, alleys, or other public ways adjacent or contiguous thereto.

(Code 1960, § 4108)

(a) It is unlawful for any person to loiter or stand in or upon any public street, alley, sidewalk or crosswalk or other public way open for pedestrian travel, or otherwise occupy any portion thereof in such a manner as to unreasonably annoy or molest any pedestrian thereon or as to obstruct or unreasonably interfere with the free passage of pedestrians.

(b) It is unlawful for any person to loiter, stand or sit in or at the entrance of any church, hall, theater, moving picture theater or place of public assemblage so as to obstruct such entrance.

(Code 1960, § 4109)

(a) It is unlawful for any person to sit, lie or sleep in or upon any public street, alley, sidewalk or crosswalk or other public way open for pedestrian travel.

(b) The provisions of this section do not prohibit a person from sitting upon a public street, alley or sidewalk or crosswalk or other public way open for pedestrian travel if:

(1) Necessitated by the physical disability of such person, or

(2) Viewing a legally conducted parade, or

(3) On a bench lawfully installed for such purpose.

(Code 1960, § 4109.2)

It is unlawful for any person to leave or permit to remain on any public street, alley, sidewalk, crosswalk or other public way open for pedestrian travel, any merchandise, baggage or any article of personal property.

(Code 1960, § 4109.3; Ord. No. 1936, § 1, 4-19-94)

Except for the purpose of collection and in accordance with the regulations relating thereto, no person shall deposit, discharge or place upon any public highway, street or easement or in or on any public or private storm drain or drainage channel or natural watercourse, or in any city park, or in any public place in the city, any garbage, rubbish, cans, mud, stones, sand, soil, or the contents of any cesspool, septic tank, water closet, sewage effluent, refuse, dead animals, tree limbs or any animal, mineral or vegetable matter, or otherwise block or impede such storm drain, drainage channel or watercourse, nor shall any person allow such material or matter to remain upon that portion of any street, storm drain, drainage channel or natural watercourse on, over or adjacent to any lot of which he is the owner or occupant.

(Code 1960, §§ 3152, 4101.1)

Cross reference— Garbage and rubbish, Ch. 12.

(a) No person shall cause or permit water to flow from any private property in the city upon or into any public street, alley or highway, or into any gutter along any public street, alley or other public highway in the city without a valid unrevoked written permit from the city engineer so to do. Application for any such permit shall be in writing and accompanied by the appropriate fees as indicated in the schedule of fees as set from time to time by resolution of the city council.

(b) The city engineer may issue such written permit for occasional flow of water under such conditions as he may prescribe when the flow so permitted would not impair the public health or safety or interfere with any municipal property, functions or activities. This section shall not be deemed to apply to storm or flood waters or to incidental drainage of water caused by irrigation systems or caused by noncommercial washing of vehicles, buildings, walks, driveways, and other personal property.

(Code 1960, § 4102)

The driver or operator of a vehicle shall not drive or operate the same nor shall the rider or driver of any animal ride or drive such animal within any sidewalk area of any parkway except at a permanent or temporary driveway. For the purpose of this section a "temporary driveway" is a crossing or driveway suitably planked or otherwise protected to prevent damage to the curb or sidewalk.

(Code 1960, § 3156; Ord. No. 1318, § 2, 10-25-76)

No person shall ride or drive any animal or any vehicle or bicycle over or across any newly made pavement or freshly painted marking in any street when a barrier or sign is in place warning persons not to drive over or across such pavement or marking, or when a sign is in place stating that the street or any portion thereof is closed.

(Code 1960, § 3157)

(a) No person shall erect, construct, place, maintain, leave or abandon any building, fence, porch, steps, post, pole, track, wire, pipe, conduit or other structure in whole or in part in or upon any street within the city, and no person shall place, affix, paint, maintain, leave or abandon any seat, bench, table, stand, material or other obstruction in any street within the city, without a permit to do so first had and obtained from the traffic authority or the city engineer, provided, however, that, the provisions of this section shall not apply to:

(1) The U.S. mailboxes.

(2) Poles and facilities of public utilities lawfully using the public streets of said city.

(3) Portable and usual garbage and rubbish receptacles when conforming to and placed in accordance with the rules and regulations of the city with reference thereto.

(4) Notices, placards, posters or any of the other articles or means above mentioned or referred to, erected or placed by any city or public officer, official or employee acting within the scope of his or her office or employment as such public officer, official or employee.

(b) The chief of police is authorized to remove any obstruction existing in any street in violation of the provisions of this section and to store the same in the city yard. The owner of any property removed from any street may claim the same within sixty (60) days after the date of its removal and upon payment of the actual cost of removal, not to exceed twenty-five dollars ($25.00), the property shall be released to claimant.

(Code 1960, § 3185)

No person shall place upon any public street of the city, except as hereinafter provided, any automobile, wagon or any other vehicle, boxes, goods, wares, merchandise, building materials or other articles which will obstruct the free use of such public street, avenue, alley or sidewalk, without a special permit therefor first having been obtained from the city engineer; however, this section shall not apply to such obstruction as is the result of loading or unloading merchandise in the usual or ordinary manner and course of business unless such obstruction is permitted to remain on such public street, avenue, alley or sidewalk for a period of two (2) hours or more.

(Code 1960, § 3186; Ord. No. 1431, § 6, 4-9-79; Ord. No. 1684, § 1, 7-8-85)

No person placing or maintaining any obstruction or making any excavation in any street shall fail or neglect to provide, during the period between sunset of any day and sunrise of the succeeding day, suitable and adequate lights to warn users of such street of such obstruction or excavation.

(Code 1960, § 3151)

19-14.010

Purpose.

A. The public streets and public areas within the City should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes and/or for storage of Personal Property interferes with the rights of others to use the areas for which they were intended. The purpose of this chapter is to maintain the public streets and public areas in blight-free conditions, to secure access to public areas and to businesses, and to ensure that public property is used for its intended purposes and remains accessible to all citizens, businesses and visitors in the City of West Covina.

B. Large amounts of Personal Property are being left unattended in public areas throughout the City, and such Personal Property creates blight, obstructs the public rights-of-way, interferes with access to public areas, precludes the use of city parks and park amenities for their intended purpose, interferes with access to businesses, and thus negatively affects quality of life in the City, and negatively affects the profitable operation of such businesses.

19-14.020

Definitions. Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this section.

1. Abandoned Personal Property means Personal Property that the owner surrenders, relinquishes, or disclaims. Indicia of abandoned Personal Property shall include, but not be limited to: Personal Property that its owner has indicated he/she does not want; Personal Property left on private real property for any period of time without the permission of the real property owner or current tenant, or Personal Property left in public buildings, on public property or in the public right of way.

2. Alley shall have the same meaning as Section 110 of the California Vehicle Code.

3. Backyard camping shall mean camping in a property owner's (or lawful tenant's) own backyard, with the permission of the property owner/tenant, which is intended as a short-term recreational activity.

4. Camp means to pitch or occupy camp facilities; to use camp paraphernalia.

5. Camp facilities include, but are not limited to, tents, huts or temporary shelters.

6. Camp paraphernalia includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or non-City designated cooking facilities and similar equipment.

7. Chief of Police means the Chief of Police of the City of West Covina, and shall include his/her designee.

8. City Clerk means the City Clerk of the City of West Covina, and shall include his/her designee.

9. City Manager shall have the same meaning as Section 2.146, et seq., of this Code, and shall include his/her designee.

10. Community Services Director means the Community Services Director of the City of West Covina, and shall include his/her designee.

11. Finance Director means the Finance Director of the City of West Covina, and shall include his/her designee.

12. Park shall include all grounds, roadways, avenues, parks, buildings, parking lots, school facilities when they are in use as recreational facilities, or to serve recreational facilities.

13. Police Department means the West Covina Police Department.

14. Public Area means and includes, but is not limited to, any street, alley, park, public right-of-way, recreational area or other place to which the public has access. Public areas include private streets and alleys.

15. Personal Property means tangible personal belongings. Tangible personal belongings include any movable or tangible thing that is subject to ownership; property or chattels that can be seen, weighed, measured, felt, or touched, such as furniture, cooking utensils, money and books. For the purposes of this chapter, Personal Property shall not include real property, vehicles, or animals.

16. Real property means land and anything growing on, attached to, or erected on it, and shall not include Personal Property that is not attached to the real property. Real property includes land, buildings and easements.

17. Community Services Department means the Community Services Department of the City of West Covina.

18. Storage of Personal Property in public areas means accumulating or putting aside Personal Property, placing it for safekeeping, or leaving it in Public Areas; or Personal Property that is left unattended in any Public Area lacking a guard, escort, caretaker, or other watcher.

19. Street shall have the same meaning as Section 591 of the California Vehicle Code.

20. Unclaimed Personal Property means Personal Property that has been turned in to the Chief of Police pursuant to Section 19-14.060, and that has not been claimed within a period of ninety (90) days by its true owner or finder.

19-14.030

Camping in public areas prohibited—Barbeque pits.

A. It shall be unlawful for any person to camp, occupy camp facilities or use camp paraphernalia in the following areas, except as otherwise designated by the Community Services Department, and as permitted by the Community Services Director:

1. Any street or alley;

2. Any public parking lot or Public Area, improved or unimproved.

B. Burning any substance or fuel other than barbeque briquettes in barbeque pits provided in the parks is prohibited.

19-14.040

Camping on private property prohibited.

A. Camping on private property shall be prohibited.

B. Exceptions. Camping is permitted under the following circumstances:

1. Camping within camping grounds licensed by the Community Services Department.

2. Camping consistent with Chapter 16.18 of this Code.

3. Backyard camping.

19-14.050

Storage of Personal Property in public areas prohibited.

A. It shall be unlawful for any person to store Personal Property in any Public Area, except as otherwise approved in writing by the Community Services Director. Personal Property stored in Public Areas in violation of this section shall be impounded pursuant to Sections 19-14.060 through 19-14.100 of this chapter.

B. Any Personal Property left in any City park at the time the park is closed to the public, whether or not the Personal Property is unattended, may be immediately impounded, pursuant to the provisions of Sections 19-14.060 through 19-14.100 of this chapter.

19-14.060

Chief of Police to receive Personal Property. The Chief of Police shall make provisions for receiving and safekeeping of Personal Property found unattended or unlawfully stored in a Public Area, and coming into his or her possession under the provisions of this Chapter. A receipt shall be issued to the person delivering such Personal Property, unless the Personal Property was found in the course of employment by an employee of the City. The Police Department shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the Personal Property and where it may be claimed. The Police Department may require the owner to pay a reasonable charge to defray the costs of storage and care of the Personal Property.

19-14.070

Notice. A.

In the event that the Personal Property is found in the course of employment by an employee of the City, the employee shall leave a notice in a prominent place for any Personal Property taken, including advising where the Personal Property is being kept and when it may be claimed by its rightful owner.

B. The City shall determine what, if any, areas of the City suffer from blight due to storage of Personal Property in public places, parks, or streets and alleys, and erect signs in those areas so as to provide additional notice.

19-14.080

Holding and disposal of stored/unattended Personal Property. Found Personal Property including money shall be deposited in a safe place for a period of at least ninety (90) days, unless sooner claimed by the true owner. In the event the Personal Property or money is not claimed within ninety (90) days, it shall be deemed to be unclaimed Personal Property, subject to disposal as provided in this chapter.

19-14.090

True owner may claim Personal Property. During the time that any found Personal Property is held by the City, it may be delivered or paid to the true owner as follows:

A. The Personal Property shall be delivered upon proof of ownership satisfactory to the Chief of Police after ten (10) days' notice by mail to any others who have asserted a claim of ownership, at any address given by such persons.

B. If the Personal Property consists of money, it shall be paid to the true owner upon the same proof of ownership and with the same notice as prescribed in the case of property.

C. If ownership cannot be determined to the satisfaction of the Chief of Police, he or she may refuse to deliver the Personal Property or order the payment of such money to anyone until ordered to do so by a court of competent jurisdiction.

19-14.100

Finder may reclaim property or money.

A. If the reported value of the Personal Property is $250.00 (two hundred fifty dollars) or more, and the true owner does not appear and prove his or her ownership of the Personal Property within ninety (90) days, the Chief of Police shall cause notice of the Personal Property to be published once in a newspaper of general circulation, currently the San Gabriel Valley Tribune. If, after seven (7) days following the first publication of the notice, no owner appears and proves his or her ownership of the Personal Property, and the person who found or saved the Personal Property pays for the cost of publication of the notice, the title shall vest in the person who found or saved the Personal Property, unless the Personal Property was found in the course of employment by an employee of the City, wherein the Personal Property shall be sold at auction as provided in Section 19-14.110 below.

B. In the event the reported value of the Personal Property is less than $250.00 (two hundred fifty dollars) and no owner appears to prove his or her ownership of the Personal Property within ninety (90) days, the title shall vest in the person who found or saved the Personal Property, unless the Personal Property was found in the course of employment by an employee of the City, in which case the Personal Property shall be sold at public auction as provided in Section 19-14.110 below. Personal Property deemed to have negligible or no value may be destroyed, at the City's discretion.

19-14.110

Unclaimed Personal Property to be used by City or sold at auction—Notice.

A. Upon expiration of the ninety (90) day period, any Personal Property received by the City and not delivered to the true owner or finder may be appropriated to the use of the City of West Covina upon order of the City Manager on his or her finding that the Personal Property is needed for a public use, and any Personal Property not appropriated to City use may be sold at public auction to the highest bidder.

B. All unclaimed money received by the Chief of Police, and not delivered to the true owner or the finder during the ninety (90) day period, shall thereafter be turned over to the Finance Manager to be held until the statutory limit as defined by California Government Code 50050 and 50055.

C. Notice of the sale at auction of unclaimed Personal Property shall be given by the City Clerk at the direction of the Chief of Police at least five (5) days before the time fixed therefor by publication at least once in a newspaper of general circulation.

19-14.110

Conduct of auction. An auction for the sale of unclaimed Personal Property shall be conducted by the City Manager.

19-14.120

Proceeds to be deposited in general fund. After any auction for unclaimed Personal Property is completed, the proceeds of the auction shall be delivered to the Finance Manager for deposit in the general fund.

19-14.130

Unsalable and unusable Personal Property. Any Personal Property advertised and offered for sale but not sold and not suitable for appropriation to the use of the City shall be deemed to be of no value and shall be disposed of in such manner as the City Manager deems appropriate.

19-14.140

Dangerous or perishable Personal Property; Evidence. Any Personal Property coming into the possession of the Chief of Police may be disposed of immediately and without notice, in a manner that the Chief of Police determines to be in the public interest, when such Personal Property is perishable, contraband pursuant to state or federal law, or constitutes an immediate threat to the public health or safety.

19-14.150

Provisions not applicable.

A. The provisions of this chapter shall not apply to real or Personal Property or money subject to confiscation pursuant to state or federal law, to Personal Property that constitutes evidence in an ongoing criminal investigation and/or civil proceeding pursuant to state or federal law.

B. The provisions of this chapter shall apply to Personal Property or money held as evidence only where the same is unclaimed by any person and no other provisions of law are applicable concerning its disposition.

C. The provisions of this chapter shall not apply to Personal Property that has been abandoned by its owner. Abandoned Personal Property shall be disposed of forthwith.

19-14.160

Penalty. Violations of this Chapter shall not be punishable pursuant to the provisions of Section 1-37 and/or 1-37.1 of this Code. Violations of this Chapter may be corrected by any available non-criminal legal or equitable remedy, each remedy not exclusive of any other remedy.

(Ord. No. 2333, § 2, 2-6-18; Ord. No. 2334, § 2, 2-20-18)

Editor's note— Section 19-14 has not been conformed to the style of this Code and has been set out as it appears in Ordinance No. 2333 and Ordinance No. 2334, per the city's request.