CHAPTER XII

TAXICABS

Subject Article

Definitions 01

License Requirements 02

Certificate of Public Convenience 03

Driver Requirements 04

General Requirements 05

ARTICLE 01 – Back to top

DEFINITIONS
 

SECTION:

12.01.01: Definitions

12.01.01: DEFINITIONS:

The following words and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section:

DRIVER: Any person to whom a permit has been issued under this Chapter to drive a taxicab.

OWNER: Any person licensed under this Chapter to operate a taxicab stand and taxicabs in the City.

TAXICAB: Any vehicle used for the transportation of passengers for compensation fixed by a taximeter in accordance with the distance traveled and/or the time elapsed and not operated over a fixed route.

TAXIMETER: A mechanical or electrical instrument or device by which the compensation for the use of a taxicab is mechanically or electronically calculated, registered and indicated by means of figures in accordance with the distance traveled and/or the time elapsed.

TAXISTAND: A marked location on a City street or thoroughfare or on a parking area in the City from which persons may hire a taxicab. (Ord. 953, 3-15-89)

ARTICLE 02 – Back to top

LICENSE REQUIREMENTS
 

SECTION:

12.02.01: License Required

12.02.02: Application

12.02.03: Other Prerequisites

12.02.04: Issuance or Denial

12.02.05: Certificate of Public Convenience and Necessity

12.02.06: Business License Required !2R!
 

12.02.01: LICENSE REQUIRED:

It shall be unlawful for any person to operate or cause to be operated in the City any taxicab stand unless a license therefor has been issued pursuant to this Chapter. (Ord. 953, 3-15-89)
12.02.02: APPLICATION:

Any person may apply for a license to operate a taxicab stand and taxicabs in the City by filing with the City Clerk an application, provided by the City, and paying an application service fee of fifty dollars ($50.00).

All applications shall contain the following information:

A. The name and address of the applicant.

B. Such other information as the Police Chief shall require for a background investigation of the applicant.

C. The location of the proposed taxicab stands, if any.

D. How many taxicabs are proposed to be operated in the City.

E. The taxicab color scheme.

F. The owner's trade name, monogram or insignia.

G. The type and trade name of the taximeter installed in each taxicab.

H. The size, location and wording of signs to be used on each taxicab. (Ord. 953, 3-15-89)
12.02.03: OTHER PREREQUISITES:

The applicant shall show on the application or otherwise demonstrate to the City Manager the following:

A. Color Scheme and Markings: That all taxicabs operated are or will be of a like color scheme and bear or will bear the owner's trade name, monogram or insignia, clearly and easily distinguishable from the color scheme, trade name, monogram or insignia used on the taxicabs of any other person lawfully operating taxicabs over the streets of the City.

B. Identification: That all taxicabs shall bear the taxicab number and the owner's telephone number(s) painted on the outside of at least one door on each side of the taxicab and the outside rear of the taxicab. All letters and figures mentioned in this subsection shall be not less than two and one-fourth inches (2¹/₄") in height and not less than five-sixteenth inch (⁵/₁₆") in stroke. All identification shall be in letters and numbers readily understandable by the general public. No taxicab shall bear any mark of identification, sign or advertisement other than specified herein.

C. Taximeter Requirements: That all taxicabs are equipped with or will be equipped with a taximeter which will correctly and accurately compute and indicate the distance traveled and/or time elapsed and which shall be affixed to the taxicab in such manner that the reading dial showing the amount to be and being charged shall be readily discernible from the passenger compartment during all times that such taximeter is operating.

D. Insurance Requirements: That the applicant has secured and paid in advance the annual premium on a policy of insurance jointly insuring the owner and each driver of the taxicabs against personal injury or property damage liability. The liability coverage shall be in an amount of not less than one million dollars ($1,000,000.00) per occurrence, combined single limit. The owner shall also show proof of workers' compensation insurance in amounts prescribed by State law. The applicant shall file an endorsement of said insurance policies with the City Manager. Said endorsement shall provide that the policy shall not be cancelled by the insurer until the City has been provided with thirty (30) days' prior written notice of such cancellation.

E. Financial Report: That the applicant has sufficient financial resources to operate the taxicab service. Such proof shall include the three (3) most recent years' certified financial statements or, if a new business, a certified statement of the applicant's financial condition.

F. Background Investigation: That the person(s) applying for a license have had a criminal background investigation completed by the Police Chief, and the Police Chief has certified that the applicant(s) have no criminal record that would be a potential threat to the community so as to preclude the City from issuing the license. (Ord. 953, 3-15-89)

12.02.04: ISSUANCE OR DENIAL:

Upon showing fulfillment of all requirements contained in Section 12.02.03 of this Article to the satisfaction of the City Manager, the City Manager shall issue the taxistand license. The locations of the taxistands shall be subject to the approval of the City Manager.

If the owner is unable or unwilling to fulfill the requirements contained herein, the application shall be denied, and there shall be no refund of any application fees paid to the City. (Ord. 953, 3-15-89)

12.02.05: CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY:

Each applicant for a taxicab stand license, in addition to the requirements herein, shall obtain a certificate of public convenience and necessity pursuant to Article 03 of this Chapter. (Ord. 953, 3-15-89)

12.02.06: BUSINESS LICENSE REQUIRED:

Prior to beginning any taxicab service pursuant to this Chapter, the owner shall apply for and obtain a City business license as provided for in this Code. (Ord. 953, 3-15-89)

ARTICLE 03 – Back to top

CERTIFICATE OF PUBLIC CONVENIENCE

SECTION:

12.03.01: Certificate of Public Convenience and Necessity

12.03.02: Application

12.03.03: Public Hearing

12.03.04: Council Hearing

12.03.05: Issuance of Certificate

12.03.06: Business License Required

12.03.07: Transfer of Certificates

12.03.08: Duration of Certificates

12.03.09: Discontinuance of Service Automatically Cancels Certificate

12.03.10: Suspension or Revocation of Certificates

12.03.11: Suspension or Revocation Hearing

12.03.12: Surrender of Certificate

12.03.13: Sale or Transfer of Business !2R!

12.03.01: CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY:

It shall be unlawful for any person to engage in the business of operating any taxicab in the City without first having obtained from the City a certificate of public convenience and necessity. (Ord. 953, 3-15-89)

12.03.02: APPLICATION:

All persons applying for a certificate of public convenience and necessity shall file with the City Clerk a sworn application containing all information required in Sections 12.02.02 and 12.02.03 of this Chapter.

All applications shall be accompanied by a fee of fifty dollars ($50.00); provided, however, that an applicant also requesting operation of a taxicab stand shall be required to pay only one application fee. (Ord. 953, 3-15-89; 1994 Code)
 

12.03.03: PUBLIC HEARING:

Upon receipt of a fully completed application for a certificate of public convenience and necessity to engage in the business of operating a taxicab on the public streets and thoroughfares of the City and completion of the background investigation, the City Clerk shall set a time not sooner than fifteen (15) days nor more than forty five (45) days thereafter for the hearing of said application before the City Council.

Written notice of each hearing shall be given to all persons to whom certificates of public convenience and necessity for operation of a taxicab have been heretofore issued. Due notice of the time and place of the public hearing before the City Council shall be given to the general public by publication in a local newspaper of general circulation. (Ord. 953, 3-15-89)

12.03.04: COUNCIL HEARING:

The City Council shall issue a certificate of public convenience and necessity if the Council finds, following the hearing, that the public convenience and necessity requires the proposed service and that the following conditions exist:

A. That the applicant is financially responsible and that the officers of said applicant are of good moral character.

B. That the applicant has complied with the provisions of all City, State and Federal laws applicable to the proposed operations.

C. That the service requested will not result in a hazard to the public.

D. That the vehicles described in the application and proposed to be used are adequate and safe for the purpose intended.

E. That all the information contained in the application has been verified as true, correct and sufficient.

F. That the applicant is fit, willing and able to perform such public transportation and to conform to the provisions of the City Code and all rules promulgated by the City Manager. (Ord. 953, 3-15-89)

12.03.05: ISSUANCE OF CERTIFICATE:

The certificate of public convenience and necessity shall specifically designate the number of taxicabs authorized by the certificate. (Ord. 953, 3-15-89)
 

12.03.06: BUSINESS LICENSE REQUIRED:

All persons receiving a certificate of public convenience and necessity shall obtain a City business license pursuant to Section 11.05.08 of this Code prior to beginning business within the City. (Ord. 953, 3-15-89)
 

12.03.07: TRANSFER OF CERTIFICATES:

No certificate of public convenience and necessity may be sold, assigned, mortgaged or otherwise transferred without the consent of the City Council. (Ord. 953, 3-15-89)

12.03.08: DURATION OF CERTIFICATES:

The initial certificate of public convenience and necessity issued hereunder to any applicant shall be for a period of one year, at the end of which time the certificate holder may reapply for a new certificate. Every certificate issued, other than as an initial certificate, shall be for a period of ten (10) years. All certificates are subject to revocation in the manner prescribed herein. (Ord. 953, 3-15-89)
 

12.03.09: DISCONTINUANCE OF SERVICE AUTOMATICALLY CANCELS CERTIFICATE:

After the service for which a certificate is granted hereunder is discontinued or if the owner transfers ownership of the business or discontinues the service for a period of forty five (45) days, the certificate shall be automatically null and void and shall be reissued only in accordance with the provisions hereof for a new certificate. (Ord. 953, 3-15-89)

12.03.10: SUSPENSION OR REVOCATION OF CERTIFICATES:

A certificate issued under the provisions of this Article may be suspended or revoked at any time by the City Council if the holder thereof has:

A. Violated any of the provisions of this Code;

B. Violated any laws of the City or of the State or of the United States, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation. (Ord. 953, 3-15-89)

12.03.11: SUSPENSION OR REVOCATION HEARING:

Upon being informed that sufficient justification exists to suspend or revoke a certificate of public convenience and necessity, the City Council shall fix a time and place for a public hearing thereon. At least ten (10) days' written notice setting forth the grounds for suspension or revocation and information regarding the time and place where such hearing will be held shall be given to the holder of the certificate in question and to all other holders of valid certificates. Notice of the time and place of such public hearing before the City Council shall be given as required by law. (Ord. 953, 3-15-89; 1994 Code)

12.03.12: SURRENDER OF CERTIFICATE:

If the City Council finds that sufficient justification does exist for the suspension or revocation of a certificate, then the Council shall, by resolution, demand that such certificate be surrendered to the City Manager. Certificates which have been suspended or revoked by the City Council shall forthwith be surrendered to the City Manager, and the holder shall not permit operation of any taxicabs covered by such certificate. (Ord. 953, 3-15-89)
 

12.03.13: SALE OR TRANSFER OF BUSINESS:

A potential buyer or other transferee of a business for which the City Council has issued a certificate of public convenience and necessity must make application to the City for a new certificate pursuant to Section 12.03.02 herein. The holder and transferor of the certificate must file an affidavit of intention to surrender and cancel the existing certificate and licenses conditionally upon and concurrently with the consummation of sale and issuance of a new certificate and licenses in the name of the transferee.

If the transferee meets the requirements set forth herein for the issuance of a certificate of public convenience and necessity, the Council shall issue a new certificate to the buyer and, concurrently herewith, shall cancel the transferor's certificate.

The transferor may not operate a taxicab covered by the certificate in the City until a certificate has been issued to the transferor. (Ord. 953, 3-15-89)

ARTICLE 04 – Back to top

DRIVER REQUIREMENTS
 

SECTION:

12.04.01: Permit Required

12.04.02: Application

12.04.03: Background Investigation

12.04.04: Issuance or Denial

12.04.05: Permit Fee

12.04.06: Duration of Permit

12.04.07: Suspension or Revocation

12.04.08: Appeal

12.04.09: Waiver of Application Requirements !2R!

12.04.01: PERMIT REQUIRED:

It shall be unlawful for any person to drive in the City any taxicab for the purpose of pickup or soliciting riders unless a driver's permit has been issued to such person pursuant to this Article. (Ord. 953, 3-15-89)
 

12.04.02: APPLICATION:

Any driver intending to operate a taxicab in the City shall apply for a permit to do so by filing with the City Clerk an application, upon a form provided by the City, and paying an application fee of twenty five dollars ($25.00).

All applications shall contain the following information:

A. The name and address of the applicant.

B. Certification that the applicant is at least twenty one (21) years of age.

C. Certification that the applicant has never been convicted in the courts of any state of the United States, nor in any Federal court of any of the following offenses:

1. Driving a motor vehicle in a reckless manner or while under the influence of alcohol or any drug.

2. Pandering.

3. Using, possessing, selling or transporting narcotics or intoxicating liquors.

4. Imparting knowledge for the obtaining of narcotics or intoxicating liquors.

5. Assault or battery.

6. Any law or ordinance involving moral turpitude.
D. Certification that the driver has not had a drivers license revoked for moving violations.

E. Certification that the driver has the required permits to operate a motor vehicle within the State. (Ord. 953, 3-15-89)
 

12.04.03: BACKGROUND INVESTIGATION:

The Police Department shall take a photograph and fingerprints and conduct an investigation of the applicant. (Ord. 953, 3-15-89)
 

12.04.04: ISSUANCE OR DENIAL:

Upon meeting all requirements of Sections 12.04.02 and 12.04.03 of this Article and receiving a statement from the Police Chief that the applicant has not been convicted of a crime listed in Section 12.04.02 of this Article, the City shall issue the permit applied for upon payment of the permit fee required herein.

If the applicant is unable or unwilling to fulfill the requirements contained herein or if the applicant's background shows reasonable cause that the issuance of a permit would be to the detriment of the community, the City Manager shall deny the application.

There shall be no refund of the application fee. (Ord. 953, 3-15-89)

12.04.05: PERMIT FEE:

Each person for whom an application for a driver permit has been approved shall first pay the fee of twenty five dollars ($25.00) for each calendar year or portion thereof. (Ord. 953, 3-15-89)

12.04.06: DURATION OF PERMIT:

Each driver permit issued pursuant to this Chapter shall be valid only during the calendar year for which it was issued. Said permit may be renewed for a calendar year upon payment of the fee provided for in Section 12.04.05 of this Article. (Ord. 953, 3-15-89)

12.04.07: SUSPENSION OR REVOCATION:

Any driver permit issued pursuant to this Chapter may be suspended for a period of up to six (6) months or revoked by the Police Chief for cause, following written notice and an opportunity for hearing given to the permittee. Cause shall include conviction of any of the crimes listed in Section 12.04.02 herein. (Ord. 953, 3-15-89; 1994 Code)
 

12.04.08: APPEAL:

The driver may appeal to the City Manager the decision of the Police Chief denying, revoking or suspending a license within ten (10) days. The driver shall state, in writing, the reasons supporting the appeal.

The City Manager shall hold a hearing with the driver to discuss the merits of the action and, after the hearing, may restore the permit or uphold the suspension, revocation or denial. The decision of the City Manager shall be final. (Ord. 953, 3-15-89)

12.04.09: WAIVER OF APPLICATION REQUIREMENTS:

An applicant driving a taxicab normally stationed outside the City need not comply with the application requirements of Sections 12.04.02 and 12.04.03 herein if the applicant submits evidence of current licensing by the County of Los Angeles or by another City in the County of Los Angeles. (Ord. 953, 3-15-89)

ARTICLE 05 – Back to top

GENERAL REQUIREMENTS
 

SECTION:

12.05.01: Driver Identification

12.05.02: Taxicab Inspections

12.05.03: Direct Route to be Taken

12.05.04: Defrauding Owner or Driver !2R!
 

12.05.01: DRIVER IDENTIFICATION:

Every owner operating a taxicab pursuant to this Chapter shall cause to be placed in a conspicuous place in the passenger compartment of each taxicab and to be kept placed therein at all times during the operation thereof, a device in which there shall be visibly displayed a current and clear photograph of the driver, together with the name of the driver and the driver's permit number in legible letters not less than one-half inch (¹/₂") in height. It shall be unlawful for any driver to operate or for any owner to allow or permit the operation of any taxicab not meeting the provision of this Section. (Ord. 953, 3-15-89)

12.05.02: TAXICAB INSPECTIONS:

Any police officer of the City shall have the right, at all times, to inspect any taxicab or portion thereof which is operated under the provisions of this Chapter. It shall be unlawful for any owner or any driver to interfere with or prevent such inspection. (Ord. 953, 3-15-89)

12.05.03: DIRECT ROUTE TO BE TAKEN:

Any driver employed to carry any passenger to a definite point shall take the most direct route which will carry the passenger safely and expeditiously to such destination. (Ord. 953, 3-15-89)

12.05.04: DEFRAUDING OWNER OR DRIVER:

It shall be unlawful for any person to hire a taxicab of any owner with the intent to defraud such owner or the driver thereof or for any person in the use of such a taxicab to defraud the owner or the driver thereof. (Ord. 953, 3-15-89)

CHAPTER XIII

BICYCLES

Subject Article

General 01

Bicycle License 02

ARTICLE 01 – Back to top

GENERAL

SECTION:

13.01.01: Purchase from Minors

13.01.02: Riding, Damaging without Owner's Permission

13.01.03: Riding on Sidewalks

13.01.04: Blocking Sidewalk !2R!

13.01.01: PURCHASE FROM MINORS:

It shall be unlawful for any person engaged in the business of buying, selling, exchanging or trading in new or used bicycles to purchase a secondhand bicycle or any bicycle part from a person under eighteen (18) years of age. (Ord. 976, 3-14-90)

13.01.02: RIDING, DAMAGING WITHOUT OWNER'S PERMISSION:

A. It shall be unlawful for any person to maliciously or wilfully, without authority of the owner, remove, destroy, mutilate, alter, ride or tamper with any bicycle or any part thereof.

B. It shall be unlawful for any person to remove, destroy, mutilate, alter or tamper with any license plate, seal or registration card issued in connection with a bicycle. (Ord. 976, 3-14-90)
 

13.01.03: RIDING ON SIDEWALKS:

It shall be unlawful for any individual to ride a bicycle on a City sidewalk where such action is prohibited by a posted sign. (Ord. 976, 3-14-90)
 

13.01.04: BLOCKING SIDEWALK:

It shall be unlawful for any individual to place a bicycle upon a public sidewalk in such a manner that any portion of the sidewalk is blocked to pedestrians. (Ord. 976, 3-14-90)

ARTICLE 02  - Back to top

BICYCLE LICENSE

SECTION:

13.02.01: License Required

13.02.02: Application

13.02.03: Inspection and Registration

13.02.04: Duration

13.02.05: License Records

13.02.06: Suspension of Registration

13.02.07: Appeal
 

13.02.01: LICENSE REQUIRED:

It shall be unlawful for any person to operate or use a bicycle, propelled wholly or in part by human power, upon any street, public path or way in the City without first obtaining a City license therefor. (Ord. 976, 3-14-90)
 

13.02.02: APPLICATION:

A. Application for a bicycle license shall be made to the City Manager Department of the City, upon a form provided by the City, shall be signed by the applicant or parent or legal guardian and shall contain the name, date of birth, address and telephone number of the applicant and a complete description of the bicycle.

B. The license fee shall be six dollars ($6.00) for each bicycle for which a bicycle license is issued. For each transfer of registration certificate, the fee shall be one dollar ($1.00). For each replacement of a bicycle license or registration certificate, the fee shall be one dollar ($1.00). (Ord. 976, 3-14-90; 1994 Code)
 

13.02.03: INSPECTION AND REGISTRATION:

Upon completion of the application form and payment of the fee required by subsection 13.02.02B of this Article, a receipt shall be issued authorizing the Fire Department to inspect the applicant's bicycle and to issue a registration card and license tag, plate or seal which is to be attached to the bicycle by the Fire Department. (Ord. 976, 3-14-90)

13.02.04: DURATION:

Each bicycle license issued pursuant to this Chapter shall be valid for a period of five (5) years from the date of issue. Renewal of a bicycle license shall be by completion of a new application and payment of the fee. Evidence of renewal shall be indicated by a supplementary adhesive device affixed on or near the original license. (Ord. 976, 3-14-90)

13.02.05: LICENSE RECORDS:

The Police Department shall maintain a record of the persons to whom a bicycle license has been issued, the number of the license and such other information as may be necessary to identify the bicycle and the owner thereof. (Ord. 976, 3-14-90)

13.02.06: SUSPENSION OF REGISTRATION:

The Police Chief shall have the authority to suspend the registration of any bicycle and remove the license from any bicycle operated in violation of any State law, City ordinance or provision of this Code after written notice and an opportunity for a hearing given to the licensee. Reinstatement of the license shall be on such terms as the Police Chief shall determine. (Ord. 976, 3-14-90; 1994 Code)

13.02.07: APPEAL:

Appeal from such suspension can be made to the City Manager within ten (10) calendar days of such suspension. Notice of the hearing on the appeal shall be provided to the licensee not less than five (5) days prior to the hearing. The determination of the City Manager shall be final. (Ord. 976, 3-14-90; 1994 Code)

CHAPTER XIV

MISCELLANEOUS

Subject Article

Burglar Alarm Systems 01

Fire Alarm Systems 02

Water Conservation 03

Noise Control 04

Offenses Involving the Person 05

Offenses Involving Property 06

Offenses Related to Public Health and Safety 07

Minors 08

Weapons 09

Costs for Special Police 10

Entry on Public School Premises.. 11

Storm Water Management And Discharge Control 12

Very High Fire Hazard Severity Zones 13  

ARTICLE 01 – Back to top

BURGLAR ALARM SYSTEMS
 

SECTION:

14.01.01: Definitions

14.01.02: Alarm Requirement

14.01.03: False Alarm

14.01.04: Public Nuisance Alarms

14.01.05: Exemptions

14.01.06: Corrective Action

14.01.07: Penalty
 

14.01.01: DEFINITIONS:

As used herein, the words hereinafter defined are used as so defined unless it is apparent from the context that a different meaning is intended:

ALARM OWNER: The person who owns, leases, rents, uses or makes available for use by his/her agents, employees, representatives or family, any alarm system.

ALARM SYSTEM: Any device, whether known as a burglary, robbery or intrusion alarm, by any other name, which is used for the detection of an unauthorized entry into a building, structure or facility or to signal the commission of an unlawful act. It shall include those devices which emit a signal within the protected premises only, are supervised by the proprietor of the premises where located and are otherwise known as "proprietary alarm systems". Auxiliary devices installed by a telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system are not included in this definition.

AUDIBLE ALARM: A device designated to notify persons in the immediate vicinity of the protected premises, by emission of an audible sound, of an unauthorized entry on the premises or of the commission of an unlawful act.

DIRECT DIAL DEVICE: A device which is connected to a telephone line and, upon activation of an alarm system, automatically dials a predetermined telephone number and transmits a message or signal indicating a need for emergency response.

FALSE ALARM: An alarm signal activated by causes other than the commission or attempted commission of an unlawful act which the alarm system is designed to detect. An alarm signal activated by violent conditions of nature or other extraordinary circumstances not subject to the control of the alarm owner shall not constitute a false alarm. (1954 Code §14.18) !DEFEND!

14.01.02: ALARM REQUIREMENT:

For every alarm, the alarm owner or user thereof shall post the names and telephone numbers of persons to be notified to render repairs and service during any hour of the day or night during which the alarm is operated. An audible alarm shall terminate its operation, or the audible alarm shall automatically reset, within fifteen (15) minutes of its being activated.

Direct dial alarms will be programmed to telephone numbers only as designated by the Chief of Police. (1954 Code §14.19)

14.01.03: FALSE ALARM:

No person shall knowingly turn in a false alarm. This Section does not prohibit a test of an alarm system as permitted in advance by the Police Department. (1954 Code §14.20)

14.01.04: PUBLIC NUISANCE ALARMS:

Any alarm system which generates more than three (3) false alarms in any twelve (12) month period shall constitute a public nuisance due to the inordinate response time and risk attributable thereto. No person shall own, use or operate any alarm system classified as a public nuisance hereunder. (1954 Code §14.21)
 

14.01.05: EXEMPTIONS:

The provisions of this Article are not applicable to audible alarms affixed to motor vehicles or to a public telephone utility whose only duty is to furnish telephone service pursuant to tariffs on file with the California Public Utilities Commission. (1954 Code §14.22)

14.01.06: CORRECTIVE ACTION:

Upon the first violation of Section 14.01.04 of this Article, the Chief of Police shall serve a written notice on the violator describing the violation and specifying that the cause of the violation shall be corrected within ten (10) days of the date of service of the written notice. No further action shall be taken; provided, that the Chief of Police determines that the causes of the violation have been removed or fully corrected within the time period specified in this Section. (1954 Code §14.23)

14.01.07: PENALTY:

Any alarm owner or user about to be cited for violation of Section 14.01.04 of this Article shall pay a civil penalty to the City Clerk of twenty five dollars ($25.00) for the first offense, seventy five dollars ($75.00) for the second and one hundred fifty dollars ($150.00) for the third and subsequent offenses. (1954 Code §14.24; 1994 Code)

ARTICLE 02 – Back to top

FIRE ALARM SYSTEMS

SECTION:

14.02.01: Definitions

14.02.02: Alarm Requirement

14.02.03: False Alarms

14.02.04: Public Nuisance Alarms

14.02.05: Corrective Action

14.02.06: Penalty !2R!

14.02.01: DEFINITIONS:

As used herein, the words hereinafter defined are used as so defined unless it is apparent from the context that a different meaning is intended:

ALARM OWNER: The person who owns, leases, rents, uses or makes available for use by his/her agents, employees, representatives or family, any alarm system.

FALSE ALARM: An alarm signal activated to the Fire Department by causes other than a need for emergency service from the Fire Department. An alarm signal activated by violent conditions of nature or other extraordinary circumstances not subject to the control of the alarm owner shall not constitute a false alarm.

FIRE ALARM SYSTEM: A device used for the detection of fire, smoke or heat in a residence or building. It shall include those devices which emit a signal on the property or a direct dial service which is connected to a telephone line and, upon activation, automatically dials a predetermined number and transmits a message to the Fire Department. (1954 Code §14.26) !DEFEND!
 

14.02.02: ALARM REQUIREMENT:

For every alarm, the alarm owner or user thereof shall post the names and telephone numbers of persons to be notified to render repairs and service during any hour of the day or night during which the alarm is operated. An audible alarm shall terminate its operation, or the audible alarm shall automatically reset, within fifteen (15) minutes of its being activated.

Direct dial alarms will be programmed to telephone numbers only as designated by the Fire Chief. (1954 Code §14.27)
 

14.02.03: FALSE ALARMS:

No person shall knowingly turn in a false alarm. This Section does not prohibit a test of an alarm system as permitted in advance by the Fire Department. (1954 Code §14.28)
 

14.02.04: PUBLIC NUISANCE ALARMS:

Any alarm system which generates more than two (2) false alarms in any twelve (12) month period shall constitute a public nuisance due to the inordinate response time and risk attributable thereto. No person shall own, use or operate any alarm system classified as a public nuisance hereunder. (1954 Code §14.29)

14.02.05: CORRECTIVE ACTION:

Upon the first violation of Section 14.02.04 of this Article, the City Clerk shall serve a written notice on the violator describing the violation and specifying that the causes of the violation shall be corrected within ten (10) days of the date of service of the written notice. No further action shall be taken; provided, that the Fire Chief determines that the causes of the violation have been removed or fully corrected within the time period specified in this Section. (1954 Code §14.30)
 

14.02.06: PENALTY:

Any alarm owner or user that operates an alarm which generates more than two (2) false alarms within a twelve (12) month period shall pay a civil penalty to the City Clerk of fifty dollars ($50.00) for the first offense, one hundred dollars ($100.00) for the second and one hundred fifty dollars ($150.00) for the third and subsequent offenses. (1954 Code §14.31; 1994 Code)

ARTICLE 03 – Back to top

WATER CONSERVATION
 

SECTION:

14.03.01: Declaration of Stages

14.03.01: DECLARATION OF STAGES:

The City Council, upon recommendation of the City Manager, may declare stages of water conservation as provided herein.

A. Stage 1: Conservation Watch: During low rainfall but adequate water supply conditions, all residents, business persons and employees of the City are strongly encouraged to take part in a voluntary conservation program, including the following measures:

1. Avoid wasting water by flooding or creating runoff on sidewalks or gutters.

2. Avoid use of water for cleaning of sidewalks, driveways, patios, parking lots or other paved or hard surfaces.

3. Avoid using water through a hose for washing vehicles or recreational equipment without a positive automatic shutdown valve on the outlet end of the hose.

4. Avoid the unnecessary loss of pool and spa water due to evaporation when covers are not used.

5. Avoid waste of water through the disrepair of plumbing, sprinklers or irrigation systems.

6. Avoid watering of landscaping more often than once every three (3) days or overwatering or watering between the hours of ten o'clock (10:00) A.M. and five o'clock (5:00) P.M., when evaporation results in excess waste of water.

7. Avoid serving water in restaurants unless specifically requested by a customer.

B. Stage 2: Drought Watch: During City Council-declared drought watch conditions, based upon the recommendation of the City Manager in consultation with the City's water purveyor, all residents, business owners and employees of the City shall:

1. Avoid wasting water by flooding or creating runoff on sidewalks.

2. Avoid using water for cleaning of sidewalks, driveways, patios, parking lots or other paved or hard surfaces.

3. Avoid using water through a hose for washing vehicles or recreational equipment without a shutdown valve on the outlet end of the hose.

4. Avoid the unnecessary loss of water from pools and spas due to the lack of a cover during the summer months.

5. Avoid the waste of water through disrepair of plumbing, sprinklers or irrigation systems.

6. Avoid watering of landscaping more often that once every three (3) days or overwatering or watering between the hours of ten o'clock (10:00) A.M. and five o'clock (5:00) P.M., when evaporation results in excessive water waste.

7. City staff shall conduct an audit of its landscape irrigation systems to maximize efficiency, adjust sprinklers to avoid runoff and waste and check faucets, toilets and pipes, both indoors and outdoors, for leaks and repair them immediately.

8. Avoid serving water in restaurants unless specifically requested by a customer.

C. Stage 3: Drought Emergency: During City Council-declared drought emergency conditions, based upon recommendation of the City Manager in consultation with the City's water purveyor, the following shall apply:

1. All measures described in subsections B1 through B8 above shall be mandatory.

2. Every facility with a public restroom shall display "NOTICE OF DROUGHT CONDITION" information in conspicuous places upon premises, including every restroom. The information shall be conveyed by placard, menu message, decal or other form approved or provided by the City Manager.

3. Every building contractor shall refrain from the use of piped water for building or construction purposes, such as consolidation of backfill or dust control, without an approved written exception from the City Manager.

4. City staff shall conduct an audit of its landscape irrigation systems to maximize efficiency, adjust sprinklers to avoid runoff and waste and check faucets, toilets and pipes, both indoors and outdoors, for leaks and repair them immediately. (Ord. 986, 1-9-91)

ARTICLE 04 – Back to top

NOISE CONTROL
 

SECTION:

14.04.01: Declaration Of Policy

14.04.02: Definitions

14.04.03: Noise Level Enforcement Criteria

14.04.04: Ambient Base Noise Level

14.04.05: Noise Level Restrictions

14.04.06: Special Noise Sources

14.04.07: Construction Of Buildings And Projects

14.04.08: Vehicles

14.04.09: Sound Trucks

14.04.10: Excessive Noise Prohibited

14.04.11: Standards

14.04.12: Excessive Noise Near Schools Prohibited

14.04.13: Exclusions

14.04.14: Violations And Penalties

14.04.15: Effect Of Provisions

14.04.01: DECLARATION OF POLICY:

It is hereby declared to be the policy of the City to prohibit unnecessary, excessive and annoying noises from all sources subject to its police power and contrary to the public interest. At certain levels, noises are detrimental to the health and welfare of the citizenry and in the public interest, should be systematically proscribed. (1954 Code §14.7.101)
 

14.04.02: DEFINITIONS:

As used in this Article, unless the context otherwise clearly indicates, the words and phrases used in this Article are defined as follows:

AMBIENT BASE NOISE LEVEL: Reasonable and representative ambient noise levels in various land use categories in the City and at various times as established by the City's Technical Background Study for Noise, of March 1975.

AMBIENT NOISE LEVEL: The all-encompassing noise associated with a given environment, usually being a composite of sounds with many sources excluding the alleged offensive noise at the location and approximate time at which a comparison with the alleged offensive noise is to be made.

COMMERCIAL PURPOSE: Means and includes the use, operation or maintenance of any sound-amplifying equipment for the purpose of advertising any business or any goods or any services or for the purpose of attracting the attention of the public to or advertising for or soliciting patronage or customers to or for any performance, show, entertainment, exhibition or event or for the purpose of demonstrating any such sound equipment.

DECIBEL (dB): A unit of level which denotes the ratio between two (2) quantities which are proportional to power; the number of decibels corresponding to the ratio of two (2) amounts of power is ten (10) times the logarithm to the base ten (10) of this ratio.

EMERGENCY WORK: Work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger.

MOTOR VEHICLES: Includes, but is not limited to, off-road vehicles, mini-bikes and go-carts.

NOISE LEVEL: The "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of twenty (20) micronewtons per square meter. The unit of measure is the dBA.

NONCOMMERCIAL PURPOSE: The use, operation or maintenance of any sound-amplifying equipment for other than a "commercial purpose". Noncommercial purpose shall mean and include, but shall not be limited to, philanthropic, political, patriotic and charitable purposes.

PERSON: A person, firm, association, co-partnership, joint venture, corporation or any entity, public or private in nature.

SOUND-AMPLIFYING EQUIPMENT: Any machine or device for the amplification of the human voice, music or any other sound.

SOUND LEVEL METER: An instrument meeting American National Standard Institute's Standard S1.4-1971 for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

SOUND PRESSURE LEVEL: Sound pressure level, in decibels, of a sound shall mean twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of this sound to the reference pressure, which reference pressure shall be explicitly stated.

SOUND TRUCK: Any motor vehicle, or any other vehicle regardless of motive power, whether in motion or stationary, having mounted thereon, attached thereto or used on or within any sound-amplifying equipment. "Sound trucks" shall not include standard automobile radios or tape decks when used and heard only by the occupants of the vehicle in which the automobile radio is installed. "Sound trucks" shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any City-owned vehicle used only for traffic safety purposes. (1954 Code §14.7.102)

14.04.03: NOISE LEVEL ENFORCEMENT CRITERIA:

Enforcement of the provisions of this Article shall be based on a noise level measurement to establish the noise level. Said measurement shall be taken in accordance with court-accepted practices or as indicated in the noise element of the General Plan concerning noise level measurement procedures. (1954 Code §14.7.103)

14.04.04: AMBIENT BASE NOISE LEVEL:

Where the ambient noise level is less than designated in this Section, the ambient base noise level in this Section shall govern.

AMBIENT BASE NOISE LEVEL

10:00 P.M. To 7:00 A.M. To

Zone 7:00 A.M. 10:00 P.M.

R-1 Residential 45 55

R-1 Residential corridor* 45 60

Commercial 50 65

Any noise at a level which exceeds the ambient base level as set forth in this Section by more than ten (10) dB, when measured at any adjacent privately owned residential property line, shall constitute proof of a violation of Section 14.04.05 of this Article.

* Residential corridor shall mean any residential property located within one hundred fifty feet (150') of a commercial zone or from any portion of Huntington Drive not abutting a commercial area. (1954 Code §14.7.104)
 

14.04.05: NOISE LEVEL RESTRICTIONS:

It shall be unlawful for any person to wilfully make or continue or wilfully cause to be made or continued any noise from any source or place at a level which exceeds a decibel level measured at any adjacent residential property line of:

65 dB from any parcel in an R-1 Zone.

75 dB from any parcel in a C-1 Zone, Park and Recreational Zone or Historical and Cultural Zone.

A violation of this Section shall be a misdemeanor or an infraction, as determined by the City Prosecutor. (Ord. 937, 1-25-1988; amd. 1994 Code)

14.04.06: SPECIAL NOISE SOURCES:

A. Radios, Television Sets And Similar Devices: It shall be unlawful for any person within any residential zone of the City to use or operate any radio receiving set, musical instrument, phonograph, television set or other machine or any sound-amplifying equipment in a manner which constitutes a violation of Section 14.04.05 of this Article. (1954 Code §14.7.201)

B. Hawkers And Peddlers:

1. It shall be unlawful for any person within the City to sell anything by outcry within any area of the City zoned for residential uses. (1954 Code §14.7.202)

2. It is hereby declared to be a nuisance and it shall be unlawful for any person vending, advertising or soliciting the sale of or assisting in vending, advertising or soliciting the sale of any kind of notions, merchandise or medicines in the City to use a musical instrument or device or to sing or call out to make any noise to attract persons for the purpose of vending, advertising or soliciting the sale of notions, medicines or merchandise. (1954 Code §14.6)

C. Drums: It shall be unlawful for any person to use any drum or other instrument or device of any kind for the purpose of attracting attention for commercial purposes by the creation of noise within the City. This subsection shall not apply to any person who is a participant in a school band or duly authorized parade or who has been otherwise duly authorized to engage in such conduct by the City Manager. (1954 Code §14.7.203)

D. Schools And Churches: It shall be unlawful for any person to create any noise on any street, sidewalk or public place adjacent to any school, institution of learning or church while the same is in use if such noise unreasonably interferes with the workings of such institution or which would constitute a violation of Section 14.04.05 of this Article. (1954 Code, §14.7.204)
E. Animals And Fowl:

1. No person shall keep or maintain or permit the keeping of, upon any premises owned, occupied or controlled by such person, any animal or fowl otherwise permitted to be kept which, by any loud or continuous cry, bark, howl or other sound shall violate Section 14.04.05 of this Article.

2. No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied, or controlled by such person, any dog or other animal or fowl otherwise permitted to be kept which, by any loud or continuous cry, bark, howl, or other sound unreasonably disturbs other persons.

3. Violations of subsection E1 and E2 of this Section may be enforced as provided in Section 14.04.14 of this Article and shall also constitute a nuisance which may be abated pursuant to Chapter VIII, Article 03 of this Code. (Ord. 096-1102, 11-13-1996)

F. Portable Engine Or Motor-Powered Blowers:

1. Definition: For the purposes of this subsection, a "portable blower" shall mean any mechanically powered device, regardless of the source of power, which is not stationary and used for the purpose of blowing leaves, dirt or other debris off sidewalks, driveways, lawns or other surfaces.

2. Permitted Hours Of Use: No portable blower shall be used within the City except during the following hours:

Monday through Friday 8:00 A.M. to 5:00 P.M.

Saturday 9:00 A.M. to 4:00 P.M.

3. Number Of Permitted Portable Blowers:

a. No more than one portable blower shall be used in operation at a given time on any parcel in Area Districts III, IV, V, VI, VII of the R-1 Zones.

b. No more than two (2) portable blowers shall be used in operation at a given time on any parcel in Area Districts I, IE and II of the R-1 Zones, the Park and Recreational Zone, the Historical and Cultural Zone or the C-1 Zone.

4. Extension Nozzle Required: No portable blower shall be operated in the City unless it is equipped with an extension nozzle at least three feet (3') in length. The extension shall be used at all times the portable blower is in operation.

5. Prohibited Acts:

a. No portable blower shall be operated in a manner which will permit leaves, dust or debris to be blown onto neighboring property.

b. No portable blower shall be operated in a manner which will permit leaves or debris to be blown onto public streets or alleyways.

6. Effect Of Repeated Violations: No person who operates a portable blower in violation of this subsection or Section 14.04.05 of this Article a total of more than three (3) times during any twelve (12) month period may use any portable blower within the City until said person has:

a. Attended a course of instruction approved by the City Manager on the proper use of portable blowers; and

b. Obtained a permit from the City Manager for each portable blower used or to be used by the person within the City during the subsequent twelve (12) months certifying that the portable blower is incapable of producing sound exceeding sixty (60) decibels (dBA) when measured at a point fifty feet (50') from the portable blower.

7. Violation: A violation of this subsection shall be a misdemeanor or an infraction, as determined by the City Prosecutor. Each and every day on which there is a violation of this subsection at any parcel shall be a separate infraction. (Ord. 937, 1-25-1988; amd. 1994 Code)
 

14.04.07: CONSTRUCTION OF BUILDINGS AND PROJECTS:

It shall be unlawful for any person within a residential zone, or within a radius of five hundred feet (500') therefrom, to operate equipment or perform any outside construction or repair work on buildings, structures or projects or to operate any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other construction-type device on construction requiring a building, plumbing, electrical or grading permit in such a manner that noise is produced which would constitute a violation of Section 14.04.05 of this Article unless, beforehand, an additional permit therefor has been duly obtained from the Planning and Building Director. (Ord. 096-1098, 9-11-1996)

14.04.08: VEHICLES:

A. Vehicle Repairs: It shall be unlawful for any person within any residential zone of the City to repair, rebuild or test any motor vehicle, thereby producing noise which would constitute a violation of Section 14.04.05 of this Article. (1954 Code §14.7.401)

B. Motor-Driven Vehicles: It shall be unlawful for any person to operate any motor-driven vehicle within the City in such a manner producing noise which would constitute a violation of Section 14.04.05 of this Article. (The mechanical equipment of motor vehicles driving on public streets shall be controlled by applicable provisions of the Vehicle Code.) (1954 Code §14.7.402)

14.04.09: SOUND TRUCKS:

A. Purpose: The Council enacts this Section for the sole purpose of securing and promoting the public health, comfort, safety and welfare for its citizenry. While recognizing that the use of sound-amplifying equipment for certain purposes is protected by the constitutional rights of freedom of speech and assembly, the Council nevertheless feels obligated to reasonably regulate the use of sound-amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom from public nuisance of loud and unnecessary noise. (1954 Code §14.7.501)

B. Commercial Use Prohibited: It shall be unlawful for any person to install, use or operate within the City for commercial purposes a sound truck in a fixed or movable position or upon any sound truck. (1954 Code §14.7.502)

C. Noncommercial Use:

1. Registration Requirements: It shall be unlawful for any person, other than personnel of law enforcement or governmental agencies, to install, use or operate within the City for noncommercial purposes any sound truck for the purposes of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in or upon any street, alley, sidewalk, park or other public property without first filing a registration statement and obtaining approval thereof as hereinafter set forth:

a. Registration Statement: Every user of a sound truck for noncommercial purposes shall file a registration statement with the Chief of Police ten (10) days prior to the date on which the sound-amplifying equipment is intended to be used, which statement shall contain the following information:

(1) The name, address and telephone number of both the owner and user of the sound-amplifying equipment;

(2) The maximum sound-producing power of the sound-amplifying equipment which shall include the wattage to be used, the volume in decibels of sound which will be produced and the approximate distance for which sound will be audible from the sound-amplifying equipment;

(3) The license and motor number if a sound truck is to be used;

(4) A general description of the sound-amplifying equipment which is to be used; and

(5) The nature of the use of the sound-amplifying equipment proposed to be used for noncommercial purposes.

b. Approval Of Statement: The Chief of Police shall return to the applicant an approved, certified copy of the registration statement unless he/she finds that:

(1) The conditions of the motor vehicle movement are such that, in the opinion of the Chief of Police, use of the equipment would constitute a detriment to traffic safety; or

(2) The conditions of pedestrian movement are such that use of the equipment would constitute a detriment to traffic safety; or

(3) The registration statement required reveals that the applicant would violate the provisions set forth in Section 14.04.11 of this Article or any other provisions of this Code.

c. Disapproval: In the event the registration statement is disapproved, the Chief of Police shall endorse upon the statement his/her reasons for disapproval and return it forthwith to applicant.

d. Revocation: Any such permit may be revoked for violation of this Article. (1954 Code §14.7.503)

2. Appeals: Any person aggrieved by disapproval of a registration statement may file an appeal to the City Council within ten (10) days of the date of disapproval. The City Council shall hear and decide such appeal at its next regular meeting. (1954 Code §14.7.504)

3. Regulations: The noncommercial use of sound trucks shall be subject to the following regulations:

a. The only sound permitted shall be either music or human speech or both.

b. The operation of sound trucks shall only occur between the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M. each day, except on Sundays and legal holidays. The operation of sound trucks on Sundays and legal holidays shall only occur between the hours of ten o'clock (10:00) A.M. and six o'clock (6:00) P.M.

c. No sound emanating from sound trucks shall exceed fifteen (15) dB above the ambient, as measured at any property line, for more than three (3) minutes in any three (3) hour period.

d. Notwithstanding the provisions of subsection C3c of this Section, sound trucks shall not be operated within two hundred feet (200') of churches, schools or City or County buildings.

e. In any event, the volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing or a nuisance to reasonable persons of normal sensitiveness within the area of audibility. (1954 Code §14.7.505)

14.04.10: EXCESSIVE NOISE PROHIBITED:

Notwithstanding any other provisions of this Article, and as a separate flexible standard to the rigid requirements of Section 14.04.05 hereof, it shall be unlawful for any person to wilfully make or continue or wilfully cause to be made or continued any loud, unnecessary or unusual noise which disturbs the peace or quiet of any neighborhood. (1954 Code §14.7.601)

14.04.11: STANDARDS:

The standards which may be considered in determining whether a violation of the provisions of this Article exists shall include, but not be limited to, the following:

A. The loudness of the noise;

B. The intensity of the noise;

C. Whether the nature of the noise is usual or unusual;

D. Whether the origin of the noise is natural or unnatural;

E. The loudness and intensity of the background noise, if any;

F. The proximity of the noise to residential sleeping facilities;

G. The nature and zoning of the area within which the noise emanates;

H. The density of the inhabitation of the area within which the noise emanates;

I. The time of the day or night the noise occurs;

J. The duration of the noise;

K. Whether the noise is recurrent, intermittent or continuous; and

L. Whether the noise is produced by a commercial or residential activity. (1954 Code §14.7.602)

14.04.12: EXCESSIVE NOISE NEAR SCHOOLS PROHIBITED:

Notwithstanding any other provision of this Article, it shall be unlawful for any person to wilfully make or continue or wilfully cause to be made or continued any noise in excess of fifty two (52) dB when measured within any classroom in a public or private school during hours that said classroom is being used for instruction. (Ord. 096-1101, 10-25-1996)

14.04.13: EXCLUSIONS:

The provisions of this Article shall not apply to:

A. Sound produced by motor vehicles as regulated by sound limitation provisions of the California Vehicle Code when such vehicle is located or operated on any public street or highway.

B. Aircraft operated in conformity with Federal law.

C. Public and private school organized activities, including sports, carnivals, assemblies and other related activities.

D. Intermittent noise continuing for less than thirty (30) seconds at intervals greater than once every three (3) hours.

E. Noise as to which there is specific consent from all affected persons. (Ord. 096-1101, 10-25-1996)

14.04.14: VIOLATIONS AND PENALTIES:

Any person violating any of the provisions of this Article shall be deemed guilty of a misdemeanor or infraction as determined by the City Prosecutor and punishable as provided in subsection 01.04.03A of this Code. (1994 Code; amd. Ord. 096-1101, 10-25-1996)
 

14.04.15: EFFECT OF PROVISIONS:

Nothing in this Article shall authorize any use otherwise prohibited or regulated by this City Code. (1954 Code §14.7.804; amd. Ord. 096-1101, 10-25-1996)

ARTICLE 05 – Back to top
OFFENSES INVOLVING THE PERSON
 

SECTION:
14.05.01: Disorderly Conduct

14.05.02: Unlawful Assemblies

14.05.03: Loitering
 

14.05.01: DISORDERLY CONDUCT:

It is hereby declared to be unlawful for any person to:

A. Lie or sleep in or upon any street, alley, sidewalk or other public place within the City or to act at any place within the City in a riotous or disorderly manner or to appear therein in a drunken or intoxicated condition.

B. Keep a riotous house or permit any riotous or disorderly conduct in any house, yard or premises connected therewith whereby the peace, quiet or decency of any person in the neighborhood of such house, yard or premises may be disturbed. (1954 Code §14.2)

14.05.02: UNLAWFUL ASSEMBLIES:

It shall be unlawful for any person, without lawful business, to assemble in groups of two (2) or more in any public street or place between the hours of eleven o'clock (11:00) P.M. and five o'clock (5:00) A.M. after having been directed by a police officer to disperse. (1954 Code §14.16; 1994 Code)
 

14.05.03: LOITERING:

It shall be unlawful for any person, without lawful business, to stand or loiter upon any public street or place or in any business section of the City after having been directed by a police officer of the City to move on. (1954 Code §14.15)

ARTICLE 06  - Back to top

OFFENSES INVOLVING PROPERTY
 

SECTION:

14.06.01: Obstructing Public Ways And Property

14.06.02: Damage To Fire Hydrants

14.06.03: Water Upon Public Ways

14.06.04: Trespass And Loitering On Certain Properties

14.06.05: Uninvited Peddlers And Salespersons

14.06.06: Tree Trimming

14.06.07: Tennis Courts Located On Public School Property; Prohibited Activities

14.06.08: Distribution Of Unsolicited Written Material !2R!

14.06.01: OBSTRUCTING PUBLIC WAYS AND PROPERTY:

A. Pedestrian Obstructions: It shall be unlawful, except upon written permit issued by the director of public works, for any person to stand or sit in or upon any street or public sidewalk in the city so as in any manner to hinder, obstruct or interfere with the free passage of persons passing along the same. (1954 Code §14.5-1)

B. Sale Or Display Of Goods: It shall be unlawful for any person to use or occupy any street, public sidewalk, park or other public place in the city for the sale, soliciting, advertising, distribution or display of goods, wares or merchandise, services or to leave any goods, wares, merchandise, boxes or barrels upon any such street, public sidewalk, park or other public place. (1954 Code §14.5-2)

C. Stopping Trucks For Loading Or Unloading:

1. It shall be unlawful, except as provided in subsection C2 of this section for any person to stop, stand or park any truck trailer, van or other commercial vehicle weighing in excess of one and one-half (1¹/₂) tons, laden or unladen, or exceeding twenty two feet (22') in overall length, upon any public street in the "Commercial (C-1) Zones" in the city as such zones are defined in chapter XXIII of this code being the land use plan of the city, for the purpose of loading or unloading goods, wares or merchandise. (1954 Code §14.5-3)

2. Subsection C1 of this section shall not apply:

a. To any person loading or unloading to or from a lot, premises or establishment to which there is not reasonable access or right of access in, on or over a public alley or private right of way abutting such lot, premises or establishment; or

b. To any person having a permit for construction purposes as provided in the building code of this city. (1954 Code §14.5-4)

14.06.02: DAMAGE TO FIRE HYDRANTS:

It shall be unlawful for any person to wilfully mark, deface, disfigure, injure, tamper with, use, displace, remove, handle or otherwise make use of any fire hydrant, fire plug, fire equipment or fire appurtenances located in or situated upon any street, sidewalk, parkway or other public land in the city without having first obtained a written permit therefor from the fire department. (1954 Code §14.4)
 

14.06.03: WATER UPON PUBLIC WAYS:

It shall be unlawful for any person to:

A. Operate any sprinkler or sprinkling system in such a manner that the water is thrown therefrom so as to fall upon any sidewalk or upon the paved portion of any street.

B. Permit any swimming pool, air-conditioning system, drain or appliance to discharge water or waste upon any sidewalk or upon the paved portion of any street. (1954 Code §14.11)
 

14.06.04: TRESPASS AND LOITERING ON CERTAIN PROPERTIES:

A. Posting Authorized; Description Of Signs: Any person having possession or control of any of the facilities, plants or utility properties enumerated herein may post, at each entrance to any structure devoted to any use so enumerated, at intervals of not more than three hundred feet (300') around any area devoted to such use, substantial signs not less than one square foot in area, displaying prominently, in addition to such other information as may be deemed desirable, the words "TRESPASSING - LOITERING - FORBIDDEN BY LAW" in legible letters not less than two inches (2") in height; provided, however, that any public waiting room, dining room, office or other portion of any such structure or premises to which general public access is required in the normal use and operation thereof or where materials are delivered to or received by the public, shall not be so posted.

B. Posting Boundary Defined: The "posted boundary" of any area shall be a line running from sign to sign, and such line need not conform to the legal boundary or legal description of any lot, parcel or acreage of land.

C. Where Posting Is Permitted: The places which may be so posted are the following:

1. Every airport and every plant, field and structure used for the manufacture, assembling or testing of aircraft.

2. Every tank farm, refinery, compressor plant or absorption plant, marine terminal, pipeline pumping station and reservoir used for the bulk treatment, bulk handling or bulk storage of petroleum or petroleum products.

3. Every reservoir, dam, pumping station, aqueduct, main canal or pipeline of a water system serving water to the public or any portion of the public.

4. Every reservoir, dam, generating plant, receiving station, distributing station and transmission line of a company or agency furnishing electrical energy.

5. Every gas generating plant, compressor plant, gas holder, gas tank and gas main used for the production, storage and distribution of gas.

6. Every plant or vital part thereof or other principal property essential to rendering telephone or telegraph service.

7. Every radio broadcasting central plant or station.

8. Every railroad bridge or tunnel.

9. Every plant for the bulk storage of dynamite, giant powder, gunpowder or other explosive.

D. Trespass Within Posted Boundary Unlawful: When any such premises is posted as provided in this section, it shall be unlawful for any person to go upon or to remain upon any place within the posted boundary of any such premises or to enter or to remain in any such posted structure without having upon his/her person the express written consent of the person, department or agency lawfully in possession or control thereof.

E. Loitering With Tools, Etc., Unlawful: It shall be unlawful for any person to loiter in the immediate vicinity of any premises posted as provided in this section while having in his/her possession any explosive, tool or device of whatever character capable of doing harm or damage to any structure, machinery, equipment or other property of a similar or dissimilar character, installed or located upon such posted premises or area.

F. Damaging Signs: Every person who tears down, defaces or destroys or causes to be torn down, defaced or destroyed any sign placed or posted under the provisions of this section without the consent of the person having possession or control of the premises on which such sign has been erected is guilty of a misdemeanor or an infraction, as determined by the city prosecutor.

G. Exemptions: This section does not apply to any entry in the course of duty of any peace officer nor to any person transversing an established and existing public sidewalk, street or highway. (1954 Code §14.12; amd. 1994 Code)

14.06.05: UNINVITED PEDDLERS AND SALESPERSONS:

A. The city council hereby finds, determines and declares that the prohibitions, proscriptions, and declarations hereinafter set forth are necessary, appropriate and in the public interest:

1. To preserve and guarantee, to the owners and lessees of private residential and commercial properties, the right of peaceful and quiet enjoyment of their property;

2. For protection of residents against potential marauders and undesirable persons proceeding from house to house;

3. For the protection of business owners against interference with the operation of their businesses; and

4. For the protection against itinerant solicitors and peddlers with no fixed place of business and of questionable responsibility to answer charges of fraud or inferior merchandise.

B. No person shall peddle, hawk or offer to sell any product or service on private property, whether for current or future delivery, without having first been invited onto the property by the owner or occupant thereof. (Ord. 092-1024, 8-12-1992)

C. The prohibitions and proscriptions set forth in this section are hereby declared to be, in addition to being a misdemeanor or an infraction, as determined by the city prosecutor, a public nuisance, and punishable as such nuisance by fine or imprisonment as provided in subsection 01.04.03A of this code. (1954 Code §14.10-3; amd. 1994 Code)

14.06.06: TREE TRIMMING:

A. It shall be unlawful for any person for compensation to trim trees on Sundays or any holiday recognized by the city.

B. This section shall not apply to tree trimming required to protect property following a storm, earthquake or other natural or manmade disaster or to a public utility company.

C. Violation of this section shall constitute a misdemeanor or an infraction, as determined by the city prosecutor, and shall be punishable as provided in subsection 01.04.03A of this code. (Ord. 983, 8-21-1990; amd. 1994 Code)

14.06.07: TENNIS COURTS LOCATED ON PUBLIC SCHOOL PROPERTY; PROHIBITED ACTIVITIES:

No person may undertake any of the following activities on a tennis court located on property owned by the San Marino Unified School District:

A. Bring onto the court a bicycle, skateboard, roller skates, or rollerblades;

B. Bring onto or allow to remain on the court any dog, cat or other animal;

C. Provide tennis instruction other than as part of a program sponsored by the San Marino Unified School District or San Marino recreation department;

D. Bring onto the court a stick or other object capable of marring, gouging or damaging the court, including, but not limited to, a hockey stick, bat or sharp object;

E. Remove or tamper with a tennis court net; or

F. Violate any regulation approved by the San Marino city council, San Marino Unified School District and San Marino recreation department and set forth on a sign posted at the entrance to the tennis court. (Ord. 095-1076, 8-9-1995)

14.06.08: DISTRIBUTION OF UNSOLICITED WRITTEN MATERIAL:

A. Definitions: For the purpose of this section, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

CITY MANAGER: The city manager of the city of San Marino, or the authorized designee thereof.

DISTRIBUTE: The act of throwing, casting, scattering, or depositing.

PERSON: Any individual, firm, partnership, association, corporation, company or organization of any kind.

REFUSAL REGISTER: The most recent edition of the unsolicited written material refusal register maintained by the city manager in accordance with this section.

UNSOLICITED WRITTEN MATERIAL: Written material that is delivered to a business or residence in the absence of a subscription agreement.

WRITTEN MATERIAL: Any handbill, pamphlet, circular, newspaper, paper, booklet, poster, leaflet or other printed matter. !DEFEND!

B. Refusal Register:

1. The city manager shall maintain a list of those businesses and residences whose owners or occupants have submitted a written expression of their unwillingness to receive unsolicited written material. Such list shall be known formally as the "Unsolicited Written Material Refusal Register". Entries on the refusal register for businesses located in multi-tenant structures shall be based on individual units.

2. The city manager shall update the refusal register on a quarterly basis, as necessary. The update shall include removing businesses and residences for which the city has received information indicating a change of ownership or occupancy, or information that the owner or occupant no longer desires to be included on the list.

3. The city manager shall provide a copy of the refusal register to any person without charge.

C. Carrying Of Register: It shall be unlawful for any person to distribute unsolicited written material unless he or she has, upon his or her person, a copy of the refusal register.

D. Prohibited Delivery: It shall be unlawful for any person to distribute unsolicited written material, or to cause unsolicited written material to be distributed, in violation of the following regulations:

1. Unsolicited written material shall not be distributed to any business or residence that is listed on the refusal register.

2. Unsolicited written material shall not be distributed to any business or residence that contains a conspicuously posted sign stating "no solicitation" or "do not disturb".

E. Exemption: The provisions of this section shall not apply to the following:

1. The distribution of United States mail, telegrams or other matter preempted by state or federal law.

2. The posting of legally required notices.

F. Penalty For Violation:

1. Violation of this section shall be prosecuted as an infraction. (Ord. 098-1127, 12-9-1998)

ARTICLE 07 – Back to top

OFFENSES RELATING TO PUBLIC HEALTH AND SAFETY
 

SECTION:

14.07.01: False Reports

14.07.02: Interference with Radio Reception and Transmission

14.07.03: Inhaling or Drinking Certain Substances

14.07.04: Rock Crushers !2R!

14.07.01: FALSE REPORTS:

No person shall wilfully make to the Police Department of the City any false, fraudulent, misleading or unfounded report or statement or wilfully misrepresent any fact for the purpose of interfering with the orderly operation of the Police Department or with the intention of misleading any police officer. (1954 Code §14.13)

14.07.02: INTERFERENCE WITH RADIO RECEPTION AND TRANSMISSION:

A. Unlawful Interference: It shall be unlawful for any person to operate in the City any device or apparatus, the operation of which will cause interference with the reception of radio or wireless communication in time of disaster or emergency, Police Department, Fire Department and sheriff's communications, radio broadcast receptions or other communication system, wire or wireless unless additions, repairs or modifications which effectively prevent such interference are applied to such device or apparatus.

B. Unauthorized Transmission: It shall be unlawful for any person to broadcast or cause to be transmitted any radio emissions not authorized by the Federal government.

C. Exceptions: This Section shall not apply to radio stations, either radio telephone broadcast or wireless stations, commercial or amateur, licensed by the Federal government or which are engaged in interstate communication or to public utilities operating under the supervision of the Railroad Commission of the State.

D. Inspections; Entry Powers: The Chief of Police of the City or his/her duly authorized deputies shall have the right to enter upon any premises at all reasonable hours for the purpose of inspecting the installation, working and operation of all electrical or other devices or apparatus to determine if such devices or apparatus comply with the terms of this Section. It shall be unlawful for any person to interfere with the Chief of Police or his/her duly authorized deputies in making any such inspection or to refuse to permit the Chief of Police or his/her duly authorized deputies to enter upon any premises for such purpose.

E. Notice to Discontinue Unlawful Operation: When an inspection and test shall have been made by the Chief of Police of the City or his/her duly authorized deputies and it is found, as a result of such inspection and test, that any device or apparatus is being operated in violation of the terms of this Section, the person responsible for the operation of such device or apparatus shall be notified, in writing, to discontinue the use of such device or apparatus or to make additions, repairs or modifications thereof, in order that the same may be operated in a manner which complies with the provisions of this Section. The mailing of such notice by registered letter, addressed to the owner or operator of the device or apparatus at the premises where the device or apparatus is located shall constitute a sufficient notice for the purpose of this Section.

F. Violations: In the event that the owner or operator of such device or apparatus, within forty eight (48) hours after receipt of such notice to make additions, repairs or modifications of such device or apparatus or discontinue the use of the same, does not either entirely discontinue the use of such device or apparatus or make additions, repairs, modifications thereof so that it complies with the provisions of this Section, such owner shall be deemed to be operating such device or apparatus in violation of the provisions of this Section, and such person shall be subject to the penalties provided in Section 01.04.03A of this Code. (1954 Code §14.8; 1994 Code)
 

14.07.03: INHALING OR DRINKING CERTAIN SUBSTANCES:

No person shall inhale, breathe or drink any intoxicating glue, adhesive, cement, mucilage, dope or any other similar material for the purpose of becoming intoxicated, elated, dazed, paralyzed, irrational or for the purpose of changing, distorting or disturbing the eyesight, thinking process, balance or coordination of such person. Any such condition so induced, for the purposes hereof, shall be deemed to be an intoxicated condition. This Section shall not pertain to any person who inhales, breathes or drinks such material or substance pursuant to instruction or prescription of any duly licensed doctor, physician, surgeon, dentist or pediatrist authorized to so prescribe. (1954 Code §14.17)
 

14.07.04: ROCK CRUSHERS:

It is hereby declared to be a nuisance and it shall be unlawful for any person to operate any rock or stone crusher or rock or stone crushing machinery within the City. (1954 Code §14.9)

ARTICLE 08 – Back to top

MINORS
 

SECTION:

14.08.01: Curfew Restrictions For Minors

14.08.02: Weapons And Ammunition

14.08.03: Cost Recovery; Minor Curfew, Loitering And Wilful Misconduct

14.08.04: Restrictions On Unattended Minors At Public Library !2R!
 

14.08.01: CURFEW RESTRICTIONS FOR MINORS:

A. Nighttime Curfew: Every minor who is present in or upon any public or private street, road, drive, alley, or trail; any public or community park or recreation area; any public ground, place, or building; or any vacant lot or abandoned or vacant building between the hour of ten o'clock (10:00) P.M. and the time of sunrise of the following day is guilty of an infraction unless the minor meets one of the exceptions set forth in subsection D of this section.

B. Daytime Curfew: Every minor subject to compulsory education or to compulsory continuation education who is present in or upon any public or private street, road, drive, alley, or trail; any public or community park or recreational area; any public ground, place, or building; or any vacant lot or abandoned or vacant building between the hours of eight thirty o'clock (8:30) A.M. and one thirty o'clock (1:30) P.M. of the same day, on days when the minor's school is in session, is guilty of an infraction unless the minor meets one of the exceptions set forth in subsection D of this section; or is in possession of a valid, school-issued, off-campus permit giving permission to leave campus; is receiving instruction by a qualified tutor pursuant to Education Code section 48224; or is otherwise exempt from attendance at a public or private full-time day school as set forth in the Education Code.

C. Parental Responsibility: Every custodial person who allows or permits a minor in his or her custody to violate any provision of this section is guilty of an infraction and may be liable for a civil penalty as provided in section 14.08.03 of this article.

D. Exceptions: This section shall not apply if the minor is:

1. Accompanied by a custodial person or by the minor's spouse over eighteen (18) years of age;

2. On an errand directed by, and in possession of a written excuse from, a custodial person or spouse over eighteen (18) years of age;

3. Engaged in or going directly to or returning directly from a school-approved activity or one that is supervised by school personnel, a medical appointment, a religious activity, other lawful educational or recreational activity supervised by adults and sponsored by the school, the city, a civic organization, or a similar entity that takes responsibility for the child;

4. Engaged in a lawful employment activity or in a place in connection with or as required by a business, trade, profession, or occupation in which the minor is lawfully engaged, or going directly to or returning directly from such activity;

5. Engaged in or going directly to or returning directly from any other lawful activity with written permission from a custodial person or spouse over the age of eighteen (18) years;

6. Involved in an emergency or seeking medical assistance;

7. Exercising rights protected by the First Amendment of the United States Constitution or article 1 of the California Constitution, including, but not limited to: free exercise of religion, freedom of speech and freedom of assembly;

8. In the right of way abutting the minor's residence;

9. In a motor vehicle involved in interstate travel;

10. Emancipated pursuant to state law and California Family Code section 7000 et seq., including, but not limited to, the following reasons: married or in the military service; or

11. Homeless.

E. Community Service Or Parenting Classes For First Offense: On a first offense for a violation of this section, the court may order community service or parenting classes instead of a fine, as may be appropriate.

F. Definitions: As used in this section, the following definitions apply:

CUSTODIAL PERSON: Any parent or legal guardian of the minor, or any person eighteen (18) years of age or older who is authorized by such parental or legal guardian with the care and custody of the child.

EMERGENCY: An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, fire, natural disaster, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

MINOR: A person under the age of eighteen (18) years.

G. Enforcement Procedures: A police officer shall ask the age of an apparent offender and the reason for being on the premises or property. The officer shall not issue a citation or make an arrest unless the officer reasonably believes that an offense has occurred and that none of the exceptions set forth in subsection D of this section apply.

H. Power Of Law Enforcement Officers: Nothing in this section shall be construed as limiting in any way the power or right of law enforcement officers to make investigations, detentions or arrests as would have been permitted had this section not been enacted.

I. Penalties: A violation of this section is punishable as set forth in section 01.04.03 of this code and may result in a civil penalty pursuant to section 14.08.03 of this article. (Ord. 097-1115, 12-10-1997)
 

14.08.02: WEAPONS AND AMMUNITION:

A. Sales To Minors Prohibited: It shall be unlawful for any person:

1. To sell, exchange, give or loan or to cause or permit to be sold, exchanged, given or loaned any gun, revolver, pistol, a slingshot or any type of bow and arrow or firearms of any description to any person under the age of eighteen (18) years.

2. To sell, exchange, give or loan or to cause or permit to be sold, exchanged, given or loaned any cartridge, shell or other device designed and intended for use in connection with any gun, revolver, pistol or firearms of any description or any ammunition of any description, containing any explosive to any person under the age of eighteen (18) years.

3. To sell, exchange, give or loan or to cause or permit to be sold, exchanged, given or loaned any spring or BB or air gun designed and intended to discharge any shot or other dangerous or deadly missile to any person under the age of eighteen (18) years.

B. Possession Unlawful: It shall be unlawful for any person under the age of eighteen (18) years to have in his/her possession, care, custody or control any gun, revolver, pistol, spring or BB or air gun, slingshot of any type or bow and arrow or firearms of any description or any cartridge, shell or other device containing any explosive or any cartridge, shell or other device designed and intended for use in connection with any gun, revolver, pistol or firearms of any description or any ammunition of any description containing any explosive.

C. Confiscation: Any such gun; revolver; spring, BB or air gun; slingshot of any type, or bow and arrow, or other firearm or any cartridge, shell, ammunition or other explosive device found in the possession of any person under the age of eighteen (18) years shall be confiscated by members of the city police department. Such articles so confiscated shall be destroyed or disposed of as the city manager, in his/her discretion, shall direct. (1954 Code §14.3)

14.08.03: COST RECOVERY; MINOR CURFEW, LOITERING AND WILFUL MISCONDUCT:

A. Determination By Court: When cased on a finding of civil liability or criminal conviction for violations of nighttime or daytime curfew pursuant to section 14.08.01 of this article, truancy or wilful misconduct in violation of Welfare and Institutions Code section 602, a minor under eighteen (18) years of age is detained for a period of time in excess of one hour, and said detention required the supervision of the juvenile offender by San Marino police department employee(s), the parent(s) or legal guardian(s) having custody or control of said minor shall be jointly and severally liable for the cost of providing such personnel.

B. Determination By The Director Of Public Safety: As determined by the chief of police, the parent(s) or legal guardian(s) of a minor committing any public offense amounting to an act of wilful misconduct in violation of Welfare and Institutions Code section 602 where police personnel provide services relating to the detention, processing or supervision of minors may be assessed, and billed for, the cost of providing such personnel for such services.

C. Appeal: Any person receiving a bill for police services pursuant to this section may, within fifteen (15) days after the billing date, file written request appealing the imposition of said charges. Any billing sent pursuant to this section shall inform the billed party of the right to appeal said billing. Any appeal regarding such billing shall be heard by the city manager, or city manager's designee, as the hearing officer. Within ten (10) days after the hearing, the hearing officer shall give written notice of the decision to the appellant. Upon the filing of a request for an appeal, payment of the bill of the police services shall be suspended until notice of the decision of the hearing officer. If the appeal is denied in part or in full, all amounts due to the city shall be paid within thirty (30) days after notice of the decision of the hearing officer. (Ord. 097-1115, 12-10-1997)

14.08.04: RESTRICTIONS ON UNATTENDED MINORS AT PUBLIC LIBRARY:
A. Purpose And Intent: This section is intended to implement section 625.5 of the Welfare and Institutions Code, which authorizes the governing body of a city, by ordinance, to prohibit minors from remaining in or upon public places unsupervised after hours. The purpose of this section is to encourage parents and legal guardians to exercise reasonable care, supervision, and control over their minor children in order to prevent juvenile victimization and to protect the health, safety, and welfare of children.

B. Unattended Minors At The Public Library: Notwithstanding the provisions of subsection 14.08.01A of this article, it is unlawful for any minor who is twelve (12) years of age or younger to be and remain upon the grounds of the public library for more than one-quarter (¹/₄) hour after the closing hour of the library, as established by the city council, unless one of the exceptions set forth in subsection 14.08.01D of this article is applicable to that minor.

C. Enforcement Of Violations: The city's law enforcement personnel are authorized to exercise all powers and duties that are conferred by paragraphs (c) and (d) of section 625.5 of the Welfare and Institutions Code in connection with the first and any subsequent violations by a minor of the restriction set forth in subsection B of this section.

D. Parental Responsibility: Every "custodial person", as that term is defined in subsection 14.08.01F of this article, who causes, encourages, allows, or permits any minor who is twelve (12) years of age or younger to violate the restriction set forth in subsection B of this section is guilty of an infraction and is subject to the penalties specified in section 01.04.03 of this code. In addition, upon such minor's second violation of the restriction, the custodial person may be held liable for the actual costs of administrative and transportation services incurred by the city, subject to the notification, exemption, hearing, and waiver provisions set forth in paragraphs (d), (e), and (f) of section 625.5 of the Welfare and Institutions Code, which provisions are incorporated by this reference.

E. City's Designated Representative: The city manager is the city's designated representative in connection with the issuance of notifications, the review of requests for exemptions, consultations with custodial persons, and the conduct of hearings concerning the validity of fees charged, the waiver of fee payments, or the performance of community service in lieu of the imposition of the fee. (Ord. 099-1129, 2-10-1999)

ARTICLE 09 – Back to top

WEAPONS
 

SECTION:

14.09.01: Permit to Discharge Required

14.09.02: Concealed Weapons

14.09.03: Deadly or Dangerous Weapons !2R!

14.09.01: PERMIT TO DISCHARGE REQUIRED:

No person shall fire, shoot or discharge any gun, rifle, pistol or other firearm or any air gun, air rifle or air pistol or any spring gun, spring pistol or spring rifle or any carbon dioxide or other gas-operated gun, rifle or pistol or any slingshot of any type or bow and arrow without having first obtained a written permit from the Chief of Police. (1954 Code §14.14)
 

14.09.02: CONCEALED WEAPONS:

A. Permit Required: No person, except a peace officer, shall wear or in any manner carry concealed upon his/her person any loaded or unloaded gun, pistol or revolver or any other dangerous or deadly weapon permitted to be carried by law without having, at the same time, actually in his/her possession and upon his/her person an unexpired permit so to do issued by the Chief of Police. (1954 Code §14.14-1)

B. Granting of Permit; Contents; Terms: The Chief of Police shall have the power to issue to any person who, in the judgment of the Chief of Police, shall have such privilege, a written permit to carry concealed any of the weapons specified in subsection A above. Such permits shall be numbered consecutively in the order in which they are issued. No permit shall be granted for a longer period than twelve (12) months. Each such permit shall state the name, address and occupation of the person to whom the same is issued and the date of its expiration and shall specify the kind and description of weapon authorized to be carried concealed by such person. (1954 Code §14.14-2)

C. Record of Permits; Fee: The Chief of Police shall keep a record of all permits authorized by him. No permit required by subsection A of this Section shall be issued to any person until such person shall have paid the Chief of Police a registration fee of three dollars ($3.00). On Monday of each week, the Chief of Police shall pay to the City Treasurer all registration fees received during the preceding week. (1954 Code §14.14-3)
 

14.09.03: DEADLY OR DANGEROUS WEAPONS:

A. Definition: "Dangerous or deadly weapon" includes, but is not limited to, any dirk or dagger; any knife with a blade three inches (3") or more in length and any snap-blade or spring-blade knife, regardless of the length of the blade; any ice pick or similar sharp stabbing tool; any straight-edge razor or any razor blade fitted to a handle; and dangerous or deadly weapon within the meaning of the law of this State restricting the use thereof; and any cutting, stabbing or bludgeoning weapon or device capable of inflicting grievous bodily harm; and any type of slingshot, or bow and arrow; and any firearm other than:

1. One carried pursuant to a valid permit, issued by a duly authorized governmental authority; or

2. An ordinary rifle or shotgun lawfully carried for purposes of hunting or other lawful sport. (1954 Code §14.14-4)

B. Possession of Dangerous Deadly Weapons; Restrictions:

1. It shall be unlawful for any person, while carrying concealed upon his/her person any dangerous or deadly weapon, to loaf or loiter upon any public street, sidewalk or alley or to wander about from place to place with no lawful business thereby to perform or to hide, lurk or loiter upon or about the premises of another.

2. It shall be unlawful for any person who has concealed upon his/her person or who has in his/her immediate physical possession any dangerous or deadly weapon to engage in any fight or to participate in any other rough or disorderly conduct upon any public place or way or upon the premises of another.

3. It shall be unlawful for any person who has concealed upon his/her person any dangerous or deadly weapon to loiter about any place where intoxicating liquors are sold or any other place of public resort.

4. It shall be unlawful for any person to have in his/her possession, in any automobile, any dangerous or deadly weapon, but this restriction shall not be deemed to prohibit the carrying of ordinary tools or equipment carried in good faith for uses of honest work, trade or business or for the purpose of legitimate sport or recreation. (1954 Code §14.15)

ARTICLE 10 – Back to top

COSTS FOR SPECIAL POLICE

SECTION:

14.10.01: Responsibility for Costs

14.10.02: Calculation of Costs !2R!
 

14.10.01: RESPONSIBILITY FOR COSTS:

When a party or gathering occurs on private property and a police officer at the scene determines that such party or gathering violates Section 14.04.05 of this Chapter or the party or gathering for any other reason is a threat to the public peace, health, safety or general welfare, the person in charge of the premises and the person responsible for the event, or if either of those persons is a minor, then the parents or guardians of the minor, will be held jointly and severally liable for the cost of providing police personnel on special security assignment over and above the services normally provided by the Police Department, not to exceed one thousand dollars ($1,000.00) and for any damages to City property and/or injuries to City personnel incurred in connection with providing such special security assignment. The police personnel utilized during a first response after a warning to abate the violation of Section 14.04.05 of this Chapter or otherwise to control the threat to the public peace, health, safety or general welfare, shall be deemed to be on special security assignment over and above the services normally provided.

Upon the first response to such an assemblage, the person in charge of the assemblage and the person in charge of the premises, and if such person is a minor, then the parents or guardians of that minor, shall be given a warning in the form of a written notification stating that the first police response, as above described, shall be deemed to be the normal police services provided. The police personnel necessarily utilized after such warning to control a violation of Section 14.04.05 of this Chapter or other threat to the public peace, health, safety or general welfare shall be deemed to be on special security assignment over and above the normal services provided, and the owner of the property and/or the person in charge of the property where such assemblage occurs and/or the person responsible for such assemblage shall be personally responsible for the cost of such special security assignment, up to one thousand dollars ($1,000.00), and for damage to City property and/or injuries to City personnel incurred in providing such special police services. (Ord. 939, 4-6-88)
 

14.10.02: CALCULATION OF COSTS:

The Chief of Police or his/her designee shall establish accounting procedures and records in order to accurately assess the costs to the City of such special security assignment as provided in Section 14.10.01 of this Article. The Chief of Police is hereby authorized and directed to prepare appropriate advisory procedures to be followed by peace officers during the course of duty with respect to the application of said Section 14.10.01 including, without limitation, a procedure whereby peace officers responding to an incident shall distribute printed advisory materials to the person in ostensible charge or control of the premises and the event which describes the provisions of this Chapter. (Ord. 939, 4-6-88)

ARTICLE 11 – Back to top

ENTRY ON PUBLIC SCHOOL PREMISES

SECTION:

14.11.01: Definition

14.11.02: Disturbing The Peace–Criteria

14.11.03: Prohibitions !2R!

14.11.01: DEFINITION:

For purposes of this Section, "unsupervised party" shall mean a party, gathering, or assembly on residential property attended by twenty (20) or more persons, some of whom are under eighteen (18) years of age, where no person is present who resides on the premises and is twenty one (21) years of age or more. (Ord. 095-1073, 6-14-1995)

14.11.02: DISTURBING THE PEACE–CRITERIA:

Any of the following acts occurring at an unsupervised party shall constitute a disturbance of the peace authorizing any member of the San Marino Police Department to order the unsupervised party to be ended and the attendees who do not reside on the premises to disperse:

A. The City receives complaints about the party from occupants of two (2) or more residential properties in the vicinity of the unsupervised party; or

B. Alcoholic beverages are being consumed by persons under twenty one (21) years of age; or

C. A person in attendance at the unsupervised party commits a misdemeanor; or

D. Paid entertainment is provided by a person or group of persons who have not received a City business license; or

E. The unsupervised party was publicized in violation of Section 14.11.03 of this Article.

F. The unsupervised party is conducted later than twelve o'clock (12:00) midnight. (Ord. 095-1073, 6-14-1995)

14.11.03: PROHIBITIONS:

It shall be unlawful for any person or organization other than a bona fide charitable, tax-exempt organization to conduct or hold on residential property any dance, party, or other social event which is open to the general public, and:

A. For which brochures, posters, or handbills advertising the event are distributed; or

B. For which an admission charge or donation is required or solicited for admission; or

C. At which music, either recorded or live, is provided. (Ord. 095-1073, 6-14-1995)

ARTICLE 12  - Back to top

STORM WATER MANAGEMENT AND DISCHARGE CONTROL

SECTION:

14.12.01: Title

14.12.02: Purpose And Intent

14.12.03: Definitions

14.12.04: Construction And Application

14.12.05: No Taking

14.12.06: Prohibited Activities

14.12.07: Exempted Discharges, Conditionally Exempted Discharges, Or Designated Discharges

14.12.08: Good Housekeeping Provisions

14.12.09: Requirements For Industrial/Commercial And Construction Activities

14.12.095: Standard Urban Storm Water Mitigation Plan ("SUSMP") Requirements For New Development And Redevelopment Projects

14.12.10: Enforcement

14.12.11: Validity !2R!
 

14.12.01: TITLE:

This article shall be known as the CITY OF SAN MARINO STORM WATER MANAGEMENT AND DISCHARGE CONTROL ORDINANCE. (Ord. 096-1106, 12-11-1996)
 

14.12.02: PURPOSE AND INTENT:

A. The purpose of this article is to ensure the future health, safety and general welfare of the citizens of the city and the water quality of the receiving waters of the county of Los Angeles and surrounding coastal areas by:

1. Reducing pollutants in storm water discharges to the maximum extent practicable;

2. Regulating illicit connections and illicit discharges and thereby reducing the level of contamination of storm water and urban runoff in the municipal separate storm sewer system; and

3. Regulating non-storm-water discharges to the municipal separate storm sewer system.

B. The intent of this article is to protect and enhance the quality of watercourses, water bodies, and wetlands within the city in a manner consistent with the Federal Clean Water Act, the California Porter-Cologne Water Quality Control Act and the municipal NPDES permit.

C. This article is also intended to provide the city with the legal authority necessary to control discharges to and from those portions of the municipal separate storm sewer system over which it has jurisdiction as required by the municipal NPDES permit, and thereby fully and timely comply with the terms of the municipal NPDES permit while the CSWMP and the WMAP are being developed by the permittees under the municipal NPDES permit, and in contemplation of the subsequent amendment of this article or adoption by the city of additional provisions of this article to implement the subsequently adopted CSWMP and WMAP, or other programs developed under the municipal NPDES permit. (Ord. 096-1106, 12-11-1996)

D. This article also sets forth requirements for the construction and operation of certain "Commercial Development", "New Development" and "Redevelopment" and other projects (as further defined herein) which are intended to ensure compliance with the storm water mitigation measures prescribed in the current version of the Standard Urban Storm Water Mitigation Plan (SUSMP) approved by the Regional Water Quality Control Board-Los Angeles Region, and on file in the office of the city clerk. This chapter authorizes the authorized enforcement officer to define and adopt applicable best management practices and other storm water pollution control measures, to grant waivers from SUSMP requirements, as provided herein, to collect funds from projects which are granted such waivers, to cite infractions and to impose fines pursuant to this article. Except as otherwise provided herein, the authorized enforcement officer shall administer, implement and enforce the provisions of this section. (Ord. 0-00-1140, 8-25-2000, eff. 9-24-2000)
 

14.12.03: DEFINITIONS:

Except as specifically provided herein, any term used in this article shall be defined as that term is defined in the current municipal NPDES permit, or as defined in the current version of the Standard Urban Storm Water Mitigation Plan ("SUSMP") approved by the Regional Water Quality Control Board-Los Angeles Region, or if it is not specifically defined in either the municipal NPDES permit or the SUSMP, then as such term is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated thereunder. If the definition of any term contained in this article conflicts with the definition of the same term in the current version of the SUSMP, then the definition contained in the SUSMP shall govern. The following are definitions of terms used in this article: (Ord. 0-00-1140, 8-25-2000, eff. 9-24-2000)

AREA SUSCEPTIBLE TO RUNOFF: Any surface directly exposed to precipitation or in the path of runoff caused by precipitation which path conveys the precipitation off the parcel.

AUTHORIZED ENFORCEMENT OFFICER: The director of planning and building or his or her designee.

BEST MANAGEMENT PRACTICES (BMPs): Activities, practices, facilities, and/or procedures that when implemented to their maximum efficiency will prevent or reduce pollutants in discharges and any program, technology, process, siting criteria, operational methods or measures, or engineered systems, which when implemented prevent, control, remove, or reduce pollution. Examples of BMPs include public education and outreach, proper planning of development projects, proper cleaning out of catch basin inlets, and proper sludge- or waste-handling and disposal, among others.

CITY: The city of San Marino.

COMMERCIAL DEVELOPMENT: Any development on private land that is not heavy industrial or residential. The category includes, but is not limited to: hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, multi-apartment buildings, car wash facilities, mini-malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes.

DISCRETIONARY PROJECT: A project which requires the exercise of judgment or deliberation when the city must approve or disapprove a particular activity, as distinguished from situations where the city merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations.

ENVIRONMENTALLY SENSITIVE AREA: An area designated as an "Area of Special Biological Significance" by the State Water Resources Control Board (Water Quality Control Plan, Los Angeles Region: Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties (1994) and amendments) or an area designated as an "Area of Ecological Significance by the County of Los Angeles" (Los Angeles County Significant Areas Study, Los Angeles County Department of Regional Planning (1976) and amendments), or an area designated as a "Significant Natural Area" by the California Resources Agency, and as defined in the current version of the SUSMP approved by the regional board.

GOOD HOUSEKEEPING PRACTICES: Common practices related to the storage, use, or cleanup of materials in a manner that minimizes the discharge of pollutants. Examples include, but are not limited to, purchasing only the quantity of materials to be used at a given time, use of alternative and less environmentally harmful products, cleaning up spills and leaks, and storing materials in a manner that will contain any leaks or spills.

GREATER THAN (>) 9 UNIT HOME SUBDIVISION: Any subdivision being developed for ten (10) or more single-family or multi-family dwelling units.

HILLSIDE: Property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty five percent (25%) or greater.

ILLICIT CONNECTION: Any human made conveyance that is connected to the municipal separate storm sewer system without a permit, excluding gutters, roof-drains and other similar connections. Examples include channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system.

ILLICIT DISCHARGE: Any discharge to the separate storm drain system that is prohibited under local, state or federal statutes, ordinances, codes or regulations. This includes all non-storm-water discharges except discharges pursuant to a separate NPDES permit and discharges that are exempted or conditionally exempted in accordance with section II the municipal NPDES permit.

INFILTRATION: The downward entry of water into the surface of the soil.

MATERIAL: Any substance including, but not limited to: garbage and debris; lawn clippings, leaves, and other vegetation; biological and fecal waste; sediment and sludge; oil and grease; gasoline; paints, solvents, cleaners, and any fluid or solid containing chemicals.

MUNICIPAL NPDES PERMIT: The "Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges Within the County of Los Angeles" (Order No. 96-054), dated July 15, 1996, issued by the California Regional Water Quality Control Board-Los Angeles Region, and any successor permit to that permit.

MUNICIPAL SEPARATE STORM SEWER SYSTEM: Streets, gutters, conduits, natural or artificial drains, channels and watercourses, or other facilities that are owned, operated, maintained or controlled by the city and used for the purpose of collecting, storing, transporting, or disposing of storm water.

NPDES PERMIT: Any waste discharge requirements issued by the regional board or the State Water Resources Control Board in the form of an NPDES permit pursuant to Water Code section 13370 (other than the municipal NPDES permit).

NEW DEVELOPMENT: Land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision.

NON-STORM-WATER DISCHARGE: Any discharge to a municipal separate storm sewer system that is not composed entirely of storm water.

PARKING LOT: Land area or a facility for the temporary parking or storage of motor vehicles used personally, for business or for commerce with a lot size of five thousand (5,000) square feet or more, or with twenty five (25) or more parking spaces.

POLLUTANT: A. Those "pollutants" defined in section 502(6) of the Federal Clean Water Act (33 USC section 1362(6)), or incorporated into California Water Code section 13373. Examples of pollutants include, but are not limited to, the following:

1. Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash, and sludge);

2. Metals such as cadmium, lead, zinc, copper, silver, nickel, chromium; and nonmetals such as phosphorus and arsenic;

3. Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease);

4. Excessive eroded soils, sediment and particulate materials in amounts which may adversely affect the beneficial use of the receiving waters, flora or fauna of the state;

5. Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities);

6. Substances having characteristics such as pH less than six (6) or greater than nine (9), or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus;

B. The term "pollutant" shall not include uncontaminated storm water, potable water or reclaimed water treated in a lawfully permitted water treatment facility. The term "pollutant" also shall not include any substance identified in this definition, if through compliance with the best management practices available, the discharge of such substance has been reduced or eliminated to the maximum extent practicable. In an enforcement action, the burden shall be on the person who is the subject of such action to establish that the reduction or elimination of the discharge to the maximum extent practicable has been accomplished through compliance with the best management practices available.

REDEVELOPMENT: On an already developed site, the creation or addition of at least five thousand (5,000) square feet of impervious surfaces or the creation or addition of fifty percent (50%) or more of impervious surfaces or the making of improvements to fifty percent (50%) or more of the existing structure, as such term is defined in the current version of the SUSMP approved by the regional board. Redevelopment includes, but is not limited to, the following activities that meet the minimum standards set forth in this definition: a) the expansion of a building footprint or addition or replacement of a structure; b) structural development, including an increase in gross floor area and/or exterior construction or remodeling; c) replacement of impervious surface that is not part of a routine maintenance activity, and d) land disturbing activities related to structural or impervious surfaces.

REGIONAL BOARD: The California Regional Water Quality Control Board-Los Angeles Region.

RESTAURANT: A stand-alone facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812).

RETAIL GASOLINE OUTLET: Any facility engaged in selling gasoline and lubricating oils.

SOURCE CONTROL BMP: Any schedule of activities, prohibition of practices, maintenance procedures, managerial practices or operational practices that aim to prevent storm water pollution by reducing the potential for contamination at the source of pollution.

STANDARD URBAN STORM WATER MITIGATION PLAN OR "SUSMP": The current version of the Standard Urban Storm Water Mitigation Plan approved by the Regional Board, and on file in the office of the city clerk, and the NPDES permit models that have been approved by the executive officer of the regional board for implementation to control storm water pollution from a new development and redevelopment or any project specifically identified in subsection 14.12.095A of this chapter.

STORM EVENT: A rainfall event that produces more than 0.1 inch of precipitation and that is separated from the previous storm event by at least seventy two (72) hours of dry weather.

STORM WATER RUNOFF: That part of precipitation (rainfall) which travels via flow across a surface to the municipal separate storm sewer system or receiving waters from impervious, semipervious or pervious surfaces.

STRUCTURAL BMP: Any structural facility designed and constructed to mitigate the adverse impacts of storm water and urban runoff pollution (e.g., canopy, structural enclosure). Structural BMPs may include both treatment control BMPs and source control BMPS.

TREATMENT: The application of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, media adsorption, biodegradation, biological uptake, chemical oxidation and UV radiation.

TREATMENT CONTROL BMP: Any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process.

URBAN RUNOFF: Surface water flow produced by non-storm-water resulting from residential, commercial, and industrial activities involving the use of potable and nonpotable water. (Ord. 096-1106, 12-11-1996; amd. Ord. 0-00-1140, 8-25-2000, eff. 9-24-2000) !DEFEND!

14.12.04: CONSTRUCTION AND APPLICATION:

This article shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and the municipal NPDES permit, and any amendment, revision or reissuance thereof. (Ord. 096-1106, 12-11-1996)

14.12.05: NO TAKING:

The provisions of this article shall not be applied to deprive any property owner of substantially all of the market value of such owner's property or otherwise constitute an unconstitutional taking without compensation. (Ord. 096-1106, 12-11-1996)
 

14.12.06: PROHIBITED ACTIVITIES:

A. Illicit Discharges And Connections: No person shall commence, establish, use, maintain, or continue any illicit connections to the municipal separate storm water system or any illicit discharges to the municipal separate storm sewer system. This prohibition against illicit connections applies to the use, maintenance, or continuation of any illicit connection, whether that connection was established prior to or after the effective date of this section.

B. Littering: No person shall throw, deposit, place, leave, maintain, keep, or permit to be thrown, deposited, placed, left, or maintained or kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin conduit or drainage structure, business place, or upon any private plot of land in the city or in any fountain, pond, lake, stream or other body of water in the city. This prohibition shall not apply to refuse, rubbish or garbage deposited in containers, bags or other appropriate receptacles which are placed in designated locations for regular solid waste pickup and disposal.

C. Disposal Of Landscape Debris: No person shall dispose of leaves, dirt, or other landscape debris into the municipal separate storm water system.

D. Non-Storm-Water Discharges: The following non-storm-water discharges into the municipal separate storm sewer system are prohibited unless the discharge is made in compliance with a separate NPDES permit or pursuant to a discharge exemption by the Regional Board, the Regional Board's executive officer, or the State Water Resources Control Board;

1. The discharge of untreated wash waters to municipal separate storm sewer systems when gas stations, auto repair garages, or other type of automotive service facilities are cleaned;

2. The discharge of untreated wastewater to municipal separate storm sewer systems from mobile auto washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations;

3. To the maximum extent practicable, discharges to municipal separate storm sewer systems from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze, is undertaken;

4. Discharges of untreated runoff to municipal separate storm sewer systems from storage areas of materials containing grease, oil, or other hazardous substances, and uncovered receptacles containing hazardous materials;

5. Discharges of commercial/municipal swimming pool filter backwash;

6. Discharges of untreated runoff from the washing of toxic materials from paved or unpaved areas; other than nonindustrial and noncommercial activities which incidentally generate urban runoff, such as the hosing of sidewalks, and the noncommercial hand washing of cars;

7. Discharges from washing impervious surfaces on industrial/commercial properties, which unless specifically required by the state's, or the city's, or Los Angeles County's health and safety codes, permitted under a separate NPDES permit or unless the person making the discharge has attempted to avoid the discharge to the maximum extent practicable;

8. Discharges from the washing out of concrete trucks;

9. Discharges of any pesticide, fungicide, or herbicide, banned by the USEPA or the California Department of Pesticide Regulations; or

10. Discharges of hazardous wastes into trash containers used for municipal trash disposal where such disposal causes or threatens to cause a direct or indirect discharge to the municipal separate storm sewer systems. (Ord. 096-1106, 12-11-1996)

14.12.07: EXEMPTED DISCHARGES, CONDITIONALLY EXEMPTED DISCHARGES, OR DESIGNATED DISCHARGES:

Discharges from those activities specifically identified in, or pursuant to, part 2, section II.C of the municipal NPDES permit as being exempted discharges, conditionally exempted discharges, or designated discharges shall not be a violation of this article, provided that any applicable BMPs developed pursuant to the municipal NPDES permit to minimize any adverse impacts from such identified sources are implemented.

A. Discharges In Violation Of The Municipal NPDES Permit: No person shall make or permit to be made, any discharge that would result in or contribute to a violation of the municipal NPDES permit, either separately or in combination with other discharges. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify and hold harmless the city from all losses, liabilities, claims, or causes of actions in any administrative or judicial action relating to such discharge. (Ord. 096-1106, 12-11-1996)
 

14.12.08: GOOD HOUSEKEEPING PROVISIONS:

Owners and occupants of property within the city shall comply with the following requirements:

A. Septic Waste: No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste to precipitation in an area where a discharge to city streets or may or does occur.

B. Use Of Water: To the maximum extent practicable, runoff of water used for irrigation purposes shall be minimized. Runoff of water from the permitted washing down of paved areas, as shall be minimized to the maximum extent practicable.

C. Storage Of Materials, Machinery, And Equipment: No person shall place machinery or equipment that is to be repaired or maintained in areas susceptible to or exposed to storm water, in a manner that leaks, spills and other maintenance-related pollutants are discharged to the municipal separate storm sewer systems.

D. Removal And Disposal Of Debris From Industrial/Commercial Motor Vehicle Parking Lots: Industrial/commercial motor vehicle parking lots with more than twenty five (25) parking spaces that are located in areas potentially exposed to storm water shall be swept regularly or other equally effective measures shall be utilized to remove debris from such parking lots.

E. Food Wastes: Food wastes generated by nonresidential food service and food distribution sources shall be properly disposed of and in a manner so such wastes are not discharged to the municipal separate storm sewer system.

F. Best Management Practices: Best management practices shall be used in areas exposed to storm water for the removal and lawful disposal of all fuels, chemicals, fuel and chemical wastes, animal wastes, garbage, batteries, or other materials which have potential adverse impacts on water quality. (Ord. 096-1106, 12-11-1996)

14.12.09: REQUIREMENTS FOR INDUSTRIAL/COMMERCIAL AND CONSTRUCTION ACTIVITIES:

Each industrial discharger, discharger associated with construction activity, or other discharger described in any general storm water permit addressing such discharges, issued by the U.S. Environmental Protection Agency, the State Water Resources Control Board, or the regional board shall comply with all requirements of such permit. Each discharger identified in an individual NPDES permit shall comply with and undertake all activities required by such permit. Proof of compliance with any such permit may be required in a form acceptable to the director of community development, or designated representative, prior to the issuance of any grading, building or occupancy permits, or any other type of permit or license issued by the city. (Ord. 096-1106, 12-11-1996)

14.12.095: STANDARD URBAN STORM WATER MITIGATION PLAN ("SUSMP") REQUIREMENTS FOR NEW DEVELOPMENT AND REDEVELOPMENT PROJECTS:

A. Projects Requiring A SUSMP: The following new development and redevelopment project categories shall require a storm water mitigation plan which complies with the most recent SUSMP:

1. Single-family hillside residences;

2. Retail gasoline outlets;

3. Restaurants;

4. Greater than nine (9) unit home subdivision;

5. Projects located within or directly adjacent to or discharging directly to an environmentally sensitive area; and

6. Parking lots of five thousand (5,000) square feet or more or with twenty five (25) or more parking spaces and potentially exposed to storm water runoff.

B. Incorporation Of SUSMP Into Project Plans: An applicant for a new development or a redevelopment project identified in subsection A of this section shall incorporate into the applicant's project plans a storm water mitigation plan which includes those best management practices necessary to control storm water pollution from construction activities and facility operations, as set forth in the SUSMP applicable to the applicant's project. Structural or treatment control BMPs set forth in project plans shall meet the design standards set forth in the SUSMP. If a project applicant has included or is required to include structural or treatment control BMPs in project plans, the applicant shall provide verification of maintenance provisions. The verification shall include the applicant's signed statement, as part of its project application, accepting responsibility for all structural and treatment control BMP maintenance until such time, if any, the property is transferred.

C. Issuance Of Grading Or Building Permits: No building or grading permit may be issued for any new development or redevelopment project identified in subsection A of this section until the authorized enforcement officer confirms that either: 1) the project plans comply with the applicable SUSMP requirements, or 2) compliance with the applicable SUSMP requirements is impracticable for one or more of the reasons set forth in subsection E of this section regarding issuance of waivers.

D. Issuance Of Certificates Of Occupancy: As a condition for issuing a certificate of occupancy, the authorized enforcement officer shall require facility operators and/or owners to build all the storm water pollution control best management practices and structural or treatment control BMPs that are shown on the approved project plans and to submit a signed certification statement stating that the site and all structural or treatment control BMPs will be maintained in compliance with the SUSMP and other applicable regulatory requirements.

E. Granting Of Waiver: The authorized enforcement officer shall have the authority to grant a waiver to a development or redevelopment project from the requirements of the SUSMP, if impracticability for a specific property can be established by the project applicant. A waiver of impracticability may be granted only when all structural or treatment control BMPs have been considered and rejected as infeasible. Recognized situations of impracticability are limited to the following, unless approved by the regional board:

1. Extreme limitations of space for treatment on a redevelopment project;

2. Unfavorable or unstable soil conditions at a site to attempt infiltration; and

3. Risk of ground water contamination because a known unconfined aquifer lies beneath the land surface or an existing or potential underground source of drinking water is less than ten feet (10') from the soil surface.

F. Transfer Of Properties Subject To Requirement For Maintenance Of Structural And Treatment Control BMPs:

1. The transfer or lease of a property subject to a requirement for maintenance of structural and treatment control BMPs shall include conditions requiring the transferee and its successors and assigns to either: a) assume responsibility for maintenance of any existing structural or treatment control BMP, or b) to replace an existing structural or treatment control BMP with new control measures or BMPs meeting the then current standards of the city and the SUSMP. Such requirement shall be included in any sale or lease agreement or deed for such property. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all structural or treatment control BMPs at least once a year and retain proof of inspection.

2. For residential properties where the structural or treatment control BMPs are located within a common area which will be maintained by a homeowners' association, language regarding the responsibility for maintenance shall be included in the project's conditions, covenants and restrictions (CC&Rs). Printed educational materials will be required to accompany the first deed transfer to highlight the existence of the requirement and to provide information on what storm water management facilities are present, signs that maintenance is needed, and how the necessary maintenance can be performed. The transfer of this information shall also be required with any subsequent sale of the property.

3. If structural or treatment control BMPs are located within an area proposed for dedication to a public agency, they will be the responsibility of the developer until the dedication is accepted.

G. Storm Water Abatement Fund: The authorized enforcement officer shall collect from the project applicant that has been granted a waiver an amount equaling the cost in savings from such waiver, as determined by the authorized enforcement officer in accordance with the latest version of the SUSMP. Such collected funds shall be deposited in the storm water pollution abatement fund, once established, to be used to promote regional or alternative solutions for storm water pollution prevention.

H. CEQA: Provisions of this section shall be complimentary to, and shall not replace, any applicable requirements for storm water mitigation required under the California Environmental Quality Act. (Ord. 0-00-1140, 8-25-2000, eff. 9-24-2000)
 

14.12.10: ENFORCEMENT:

A. Violations Deemed A Public Nuisance:

1. Any condition caused or permitted to exist in violation of:

a. Any of the provisions of this chapter: or

b. Any failure to comply with any applicable requirement of either the SUSMP or an approved storm water mitigation plan with respect to a property; or

c. Any false certification or verification, or any failure to comply with a certification or verification provided by a project applicant or the applicant's successor in interest; or

d. Any failure to properly operate and maintain any structural or treatment control BMP on a property in accordance with an approved storm water mitigation plan or the SUSMP,

is hereby determined to be a threat to the public health, safety and welfare, is declared and deemed a public nuisance, and may be abated or restored by any authorized enforcement officer, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the city attorney. (Ord. 0-00-1140, 8-25-2000, eff. 9-24-2000)

2. The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be billed to the owner of the property, as provided by law or ordinance for the recovery of nuisance abatement costs.

3. If any violation of this section constitutes a seasonal and recurrent nuisance, the director of community development shall so declare. The failure of any person to take appropriate annual precautions to prevent storm water pollution after written notice of a determination under this subsection A3 shall constitute a public nuisance and a violation of this chapter.

B. Concealment: Causing, permitting, aiding, abetting, or concealing a violation of any provision of this section shall constitute a violation of such provision.

C. Civil Actions: In addition to any other remedies provided in this section, any violation of this section may be enforced by civil action brought by the city. In any such action, the city may seek any or all of the following remedies:

1. A temporary and/or permanent injunction.

2. Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection.

3. Costs incurred in removing, correcting, or terminating the adverse effects resulting from violation.

4. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life.

D. Administrative Enforcement Powers: In addition to the other enforcement powers and remedies established by this article, the planning and building director or his or her designee has the authority to utilize the following administrative remedies:

1. Cease And Desist Orders: When a discharge has taken place or is likely to take place in violation of this article, the director of community development or his or her designee may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: a) comply with the requirement; b) comply with a time schedule for compliance; and c) take appropriate remedial or preventive action to prevent the violation from recurring.

2. Notice To Clean: Whenever the director of community development or his or her designee finds any oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in pollutants entering the MS4 or a non-storm-water discharge to the MS4, he or she may give notice to the owner or occupant of the adjacent property to remove such oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice.

E. Penalties: Violation of this section shall be punishable as provided in chapter 1, article 04 of this code. Each day that a violation continues shall constitute a separate offense.

F. Permit Revocation: To the extent the city makes a provision of this section or any identified BMP a condition of approval to the issuance of a permit or license, any person in violation of such condition is subject to the permit revocation procedures set forth in this code.

G. Remedies: Remedies under this section are in addition to and do not supersede or limit any and all other available remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. (Ord. 096-1106, 12-11-1996)

14.12.11: VALIDITY:

If any section, subsection, sentence, clause, portion, or phrase of this article is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, portions, or phrases of this article. The city council hereby declares that it would have passed this article and each and every section, subsection, sentence, clause, portion, or phrase of the article would be subsequently declared invalid or unconstitutional. (Ord. 096-1106, 12-11-1996)

ARTICLE 13 – Back to top

VERY HIGH FIRE HAZARD SEVERITY ZONES

SECTION:

14.13.01: Very High Fire Hazard Severity Zone Established !2R!

14.13.01: VERY HIGH FIRE HAZARD SEVERITY ZONE ESTABLISHED:

Those parcels highlighted on the map included at the end of this Section as Exhibit A, a copy of which will be kept on file in the office of the City Clerk, are hereby designated as being located in a Very High Fire Hazard Severity Zone. Properties in the Zone shall be subject to the provisions of Government Code section 51182 and Health and Safety Code section 13132.7. (Ord. 095-1082-U, 12-13-1995, eff. 1-1-1996)

CHAPTER XV

TRAFFIC AND VEHICLES

Subject Article

Definitions 01

General Provisions 02

Administration and Enforcement 03

Traffic-Control Devices 04

Speed Regulations 05

Street Restrictions 06

Stopping, Standing and Parking 07

Through Streets and Stop Intersections 08

Miscellaneous Zones 09

Pedestrians 10

Bicycles and Other Wheeled Toys 11

Regulation of Buses, Vans and Valet

Parking 12

Novelty Transportation Service 13

ARTICLE 01 – Back to top

DEFINITIONS
 

SECTION:

15.01.01: Definitions

15.01.01: DEFINITIONS:

The following words and phrases, when used in this Chapter, shall have the meanings respectively ascribed to them in this Section:

BUSINESS DISTRICT: All those areas which border on the following streets or portions of streets:

Huntington Drive (south side) from Granada Avenue to alley west of Old Mill Road.

Huntington Drive (south side) from Bedford Road to Del Mar Avenue.

Huntington Drive (south side) from approximately one hundred twenty feet (120') west of Belhaven Road to San Gabriel Boulevard.

Huntington Drive (north side) from Westhaven Road to Winston Avenue.

Huntington Drive (north side) from approximately one hundred seventy five feet (175') west of San Gabriel Boulevard to San Gabriel Boulevard.

Mission Street (north side) from El Molino Avenue to City boundary.

Mission Street (south side) from El Molino Avenue to City boundary.

San Marino Avenue (west side) from Huntington Drive to first alley north of Huntington Drive.

ENGINEER: The City Engineer or traffic engineer employed by the City, as designated by the City Manager.

HOLIDAY: Any of the following days: January 1, the third Monday of February, the last Monday of May, July 4, the first Monday of September, October 12, November 11, the fourth Thursday of November and December 25.

LOADING ZONE: The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

OFFICIAL TRAFFIC-CONTROL DEVICES: All signs, signals, markings and devices consistent with this Chapter placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic.

OFFICIAL TRAFFIC SIGNAL: Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and proceed and which is erected by authority of a public body or official having jurisdiction.

PARK: To stand or leave standing any vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in the loading or unloading of passengers or materials.

PARKWAY: That portion of a street other than a roadway or a sidewalk.

PASSENGER LOADING ZONE: The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.

PEDESTRIAN: Any person afoot.

POLICE OFFICER: Every officer of the Police Department of the City.

SIDEWALK: That area adjacent to a traveled roadway, whether hard surfaced or not, upon which the public is customarily invited or permitted to walk or otherwise use.

STOP: When required, shall mean the complete cessation of movement.

STOP or STAND: When prohibited, shall mean any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic-control device.

TRAFFIC: Any pedestrian, vehicles or other conveyances, either singly or together, while using any street for purposes of travel.

VEHICLE CODE: Refers to the California Vehicle Code as it currently exists or may be amended. The City Council hereby declares its intent to acknowledge any recodification of the California Vehicle Code so that any change in the numbering system thereto will not affect the references thereto in this Chapter; but, that in the event of such recodification, each new number ascribed thereto will be deemed adopted into the references herein set forth.

WHEELED TOY: Includes all wheeled objects regardless of power, not classified as a bicycle in this Code nor a vehicle in the State Vehicle Code, and specifically includes, but not limited to, roller skates, skateboards, coasters, scooters and toy vehicles. (Ord. 977, 6-13-90)

ARTICLE 02 – Back to top

GENERAL PROVISIONS
 

SECTION:

15.02.01: Persons Authorized to Direct Traffic

15.02.02: Obedience to Police Officer and Firefighter

15.02.03: Public Employees to Obey Traffic Regulations

15.02.04: Exemptions

15.02.05: Reports of Damage to City Property

15.02.06: Driving Through Funeral Processions

15.02.07: Vehicles Emerging from Alleys, Driveways or Buildings

15.02.08: Clinging to Moving Vehicles

15.02.09: Driving on Sidewalks and Parkways

15.02.10: Driving on New Pavement or Freshly Painted Marking

15.02.11: Advertising Vehicles and Vehicles with Sound Amplification

15.02.12: Animal-Drawn Vehicles

15.02.13: Tow Away Zones; General

15.02.14: Tow Away Zones; Designation

15.02.15: Display of Warning Devices for Disabled Commercial Vehicles

15.02.16: Aircraft

15.02.17: Violations!
 

15.02.01: PERSONS AUTHORIZED TO DIRECT TRAFFIC:

No person other than a police officer or a person deputized by the Police Chief or a person authorized by law shall direct or attempt to direct traffic by voice, hand or other signal, except in an emergency situation wherein direction of traffic is required to protect life and safety of an individual, and no authorized person is present. (Ord. 977, 6-13-90)

15.02.02: OBEDIENCE TO POLICE OFFICER AND FIREFIGHTER:

No person shall wilfully fail or refuse to comply with any lawful order of a police officer or other official when directing traffic. (Ord. 977, 6-13-90)
 

15.02.03: PUBLIC EMPLOYEES TO OBEY TRAFFIC REGULATIONS:

Provisions of this Chapter shall apply to the driver of any vehicle owned or used in the service of any Federal, State, County or Municipal government agency, and it shall be unlawful for any such driver to violate any of the provisions of this Chapter, except as otherwise permitted in this Chapter or by State or Federal statute. (Ord. 977, 6-13-90)

15.02.04: EXEMPTIONS:

Provisions of this Chapter regulating the operation, parking, stopping or standing of vehicles shall not apply to any vehicle of the Police or Fire Departments, any public ambulance or any public utility vehicle or private ambulance when the vehicle is operated in the manner specified in the State Vehicle Code in response to an emergency call.

Provisions of this Chapter regulating the operation, parking, stopping or standing of vehicles shall not apply to any vehicle of a City department or public utility while in use for construction, repair or maintenance work or any vehicle owned by the United States while in use for the collection, transportation or delivery of United States mail.

The foregoing exemptions shall not exonerate the driver of any such vehicle from the consequences of his/her wilful disregard of the safety of others. (Ord. 977, 6-13-90)
 

15.02.05: REPORTS OF DAMAGE TO CITY PROPERTY:

The driver of a vehicle or the person in charge of any animal involved in any accident resulting in damage to any public property or property owned by a public utility, including but not limited to any fire hydrant, ornamental lighting post, telephone pole, electric light or power pole, or resulting in damage to any ornamental shade tree, traffic-control device or other property of a like nature located in or along any street or right of way, shall, within twenty four (24) hours after such accident, make a written report of such accident to the Police Department of this City.

Every such report shall state the date, time and place where the accident took place, the name and address of the person owning and of the person driving or in charge of such vehicle or animal, the license number of every such vehicle and shall briefly describe the property damage resulting from such accident.

A driver involved in an accident shall not be subject to the requirements or penalties of this Section if, during such time, the driver is physically incapable of making a report, but in such event, the driver shall make a report as required by this Section within twenty four (24) hours after regaining the ability to make such report. (Ord. 977, 6-13-90)

15.02.06: DRIVING THROUGH FUNERAL PROCESSIONS:

No driver shall drive between vehicles comprising a funeral procession while they are in motion and when the vehicles in such procession are conspicuously so designated. (Ord. 977, 6-13-90)

15.02.07: VEHICLES EMERGING FROM ALLEYS, DRIVEWAYS OR BUILDINGS:

The driver of a vehicle emerging from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or into the sidewalk area extending across any alleyway. (Ord. 977, 6-13-90)

15.02.08: CLINGING TO MOVING VEHICLES:

No person riding upon any bicycle, motorcycle, coaster, roller skates or any toy vehicle shall attach the same or himself/herself to any moving vehicle upon any roadway. (Ord. 977, 6-13-90)

15.02.09: DRIVING ON SIDEWALKS AND PARKWAYS:

No driver of a vehicle shall drive within any sidewalk area or any parkway, except at a permanent or temporary driveway or except where a permit to do so has first been obtained from the Public Works Department. (Ord. 977, 6-13-90)

15.02.10: DRIVING ON NEW PAVEMENT OR FRESHLY PAINTED MARKING:

No person shall drive or ride any vehicle 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. (Ord. 977, 6-13-90)

15.02.11: ADVERTISING VEHICLES AND VEHICLES WITH SOUND AMPLIFICATION:

No person shall operate or drive any vehicle used for advertising purposes or any advertising vehicle equipped with a sound-amplifying or loudspeaker device upon any street or alley within the City at any time. (Ord. 977, 6-13-90)

15.02.12: ANIMAL-DRAWN VEHICLES:

No person shall drive any animal-drawn vehicle into or within any business district between the hours of seven o'clock (7:00) A.M. and nine o'clock (9:00) A.M. and between the hours of four o'clock (4:00) P.M. and six o'clock (6:00) P.M. of any day. (Ord. 977, 6-13-90)

15.02.13: TOW AWAY ZONES; GENERAL:

Any police officer is authorized to remove or cause the removal of any vehicle from a street, highway or alley to the nearest place of safety when the parking or standing of such vehicle thereon has been prohibited or restricted by ordinance or resolution of the Council and where signs are posted giving notice of such removal by designating a "Tow Away Zone". Such removal is subject, at all times and in all manners, to provisions of the State Vehicle Code, specifically including the lien provisions thereof and the owner's responsibility to pay the same. (Ord. 977, 6-13-90)
 

15.02.14: TOW AWAY ZONES; DESIGNATION:

The following locations shall be designated as "Tow Away Zones":

A. Virginia Road: North side for northbound traffic from the driveway of 1470 Virginia Road to the north property line of 1250 Virginia Road. (Ord. 977, 6-13-90)

15.02.15: DISPLAY OF WARNING DEVICES FOR DISABLED COMMERCIAL VEHICLES:

Every motor truck having an unladen weight of four thousand (4,000) pounds or more and every truck tractor irrespective of weight when operated upon any street or highway in the City shall be equipped with and carry at least two (2) flares or two (2) warning lights or reflectors, which reflectors shall be of a type approved by the California Highway Patrol as warning signals. When any vehicle mentioned herein or any trailer or semi-trailer is disabled upon any street or highway in the City, a warning signal shall be immediately placed at a distance of approximately one hundred feet (100') in advance of and one hundred feet (100') to the rear of such disabled vehicle by the driver. The warning signals mentioned herein shall be displayed continuously during the time such vehicle remains disabled upon such street or highway. (Ord. 977, 6-13-90)
 

15.02.16: AIRCRAFT:

It shall be unlawful for any person to take off or land or fly or cause to be flown in the air at a distance of less than five hundred feet (500') from the ground any aircraft, helicopter or balloon, except in the case of emergency or when first issued a permit by the Police Chief and City Manager. (Ord. 977, 6-13-90)

15.02.17: VIOLATIONS:

It shall be an infraction for any person to do any act forbidden or fail to perform any act required in this Chapter unless prosecuted as a misdemeanor in the discretion of the City Prosecutor. (Ord. 977, 6-13-90)

ARTICLE 03 – Back to top

ADMINISTRATION AND ENFORCEMENT

SECTION:

15.03.01: Responsibility Assigned

15.03.02: Duties Generally

15.03.03: Direction of Traffic

15.03.04: Accident Reports

15.03.05: Annual Traffic Report

15.03.06: Assistance by Fire Department

15.03.07: Responsibility of Police Chief

15.03.08: Installation and Maintenance !2R!
 

15.03.01: RESPONSIBILITY ASSIGNED:

The Police Department of the City shall be responsible for the administration and enforcement of this Chapter. (Ord. 977, 6-13-90)

15.03.02: DUTIES GENERALLY:

It shall be the duty of the Police Department to enforce the street traffic regulations of this City and all of the State vehicle laws applicable to street traffic in this City; to make arrests for traffic violations; to investigate traffic accidents; to cooperate with the Police Chief and other officers of the City in the administration of the traffic laws and in developing ways and means to improve traffic conditions; and to carry out those duties specifically imposed on the Department by this Chapter and other traffic ordinances and resolutions of the City. (Ord. 977, 6-13-90)

15.03.03: DIRECTION OF TRAFFIC:

Officers of the Police Department or such officers as are assigned by the Police Chief are hereby authorized to direct all traffic by voice, hand or signal in conformance with the City and State traffic laws; provided, that in the event of a fire or other emergency to expedite traffic or to safeguard pedestrians, officers of the Police Department may direct traffic as conditions may require, notwithstanding the provisions of the traffic laws. (Ord. 977, 6-13-90)
 

15.03.04: ACCIDENT REPORTS:

The Police Department shall maintain a suitable system of filing and maintaining traffic accident reports. (Ord. 977, 6-13-90)
 

15.03.05: ANNUAL TRAFFIC REPORT:

The Police Department shall, annually, prepare a traffic report which shall be filed with the City Council. Such report shall contain information on traffic matters as follows:

A. The number of traffic accidents, the number of persons killed, the number of persons injured and other pertinent traffic accident data.

B. The number of traffic accidents investigated and other pertinent data on the traffic safety activities of the Department. (Ord. 977, 6-13-90)
 

15.03.06: ASSISTANCE BY FIRE DEPARTMENT:

Employees of the Fire Department, when at the scene of a fire or accident, may direct or assist the police in directing traffic there or in the immediate vicinity. (Ord. 977, 6-13-90)
 

15.03.07: RESPONSIBILITY OF POLICE CHIEF:

The Police Chief shall make recommendations to the City Manager on matters pertaining to traffic and vehicles in the City, including but not limited to improving traffic flow, enforcement and safety.

The Police Chief shall be responsible for the enforcement of this Chapter and all other traffic regulations approved by the City Council. (Ord. 977, 6-13-90)
 

15.03.08: INSTALLATION AND MAINTENANCE:

The Public Works Department shall be responsible for the installation and maintenance of all traffic-control devices, signs and markings provided for in this Chapter. (Ord. 977, 6-13-90)

ARTICLE 04 – Back to top

TRAFFIC-CONTROL DEVICES
 

SECTION:

15.04.01: Approval to Install

15.04.02: Installation Prior to Enforcement

15.04.03: Obedience to Devices

15.04.04: Installation of Traffic Signals

15.04.05: Installation of Street Name Signs

15.04.06: Lane Markings on Roadways

15.04.07: Removal or Relocation of Devices and Markings

15.04.08: Intersection Turns

15.04.09: Restricted Turns

15.04.10: Right Turns Against Stop Signals

15.04.11: Yield Signs

15.04.12: Blocking of Intersections Prohibited !2R!
 

15.04.01: APPROVAL TO INSTALL:

The installation of traffic signals, stop signs, limited parking and tow away zones within the City shall be approved by resolution of the City Council. (Ord. 977, 6-13-90)

15.04.02: INSTALLATION PRIOR TO ENFORCEMENT:

No provision of the State Vehicle Code or of this Chapter for which signs are required shall be enforced against an alleged violator unless appropriate signs are in place and sufficiently legible to be seen by an ordinarily observant person, giving notice of such provisions of the traffic laws. (Ord. 977, 6-13-90)

15.04.03: OBEDIENCE TO DEVICES:

The driver of any vehicle shall obey the instructions of any official traffic-control device applicable thereto and placed in accordance with the traffic regulations of this City unless otherwise directed by a police officer. The driver of an authorized emergency vehicle, when responding to emergency calls, shall be exempted from said requirements. (Ord. 977, 6-13-90)
 

15.04.04: INSTALLATION OF TRAFFIC SIGNALS:

Upon recommendation of the City Engineer and City Manager, the City Council may authorize the installation of mechanical traffic signals at those intersections where traffic conditions are such as to require that the flow of traffic be alternately interrupted and released in order to prevent or relieve traffic congestion, or to protect life or property from exceptional hazard. (Ord. 977, 6-13-90)
 

15.04.05: INSTALLATION OF STREET NAME SIGNS:

Street name signs shall be installed at all intersections in the City. Whenever a traffic signal is installed, a street name sign shall be erected and maintained so as to be visible to the principal flow of traffic. (Ord. 977, 6-13-90)
 

15.04.06: LANE MARKINGS ON ROADWAYS:

The Public Works Department, with the approval of the City Engineer, is hereby authorized to mark center lines and lane lines upon the surface of roadways to indicate the course to be traveled by vehicles. Such markings shall be in conformance with the requirements and specifications as are designated by the State.

Temporary signs may be placed designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the roadway. (Ord. 977, 6-13-90)
 

15.04.07: REMOVAL OR RELOCATION OF DEVICES AND MARKINGS:

Upon recommendation of the Police Chief and with the approval of the City Engineer, the Public Works Department may remove or relocate any traffic-control device in the City not specifically required by State law, this Chapter or for which the installation was approved by resolution of the Council. (Ord. 977, 6-13-90)
 

15.04.08: INTERSECTION TURNS:

The Public Works Department, with the approval of the City Engineer, is authorized to place markers, buttons or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at intersections, whether they are right or left turns.

It shall be unlawful for a driver of any vehicle to disobey the direction of turn indications when authorized markers, buttons or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat. (Ord. 977, 6-13-90)

15.04.09: RESTRICTED TURNS:

Upon the recommendation of the Police Chief, and with the approval of the City Engineer and City Manager, the Public Works Department may install restrictions on making left, right or U-turns at street intersections or at entries onto public streets or alleys from private driveways, parking lots or garages within the City. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event, the same shall be plainly indicated on the signs, or they may be removed when such turns are permitted.

It shall be unlawful for a driver of any vehicle to disobey the direction of any authorized sign prohibiting right, left or U-turns. (Ord. 977, 6-13-90)
 

15.04.10: RIGHT TURNS AGAINST STOP SIGNALS:

It shall be unlawful for a driver of any vehicle to make a right turn at a stop (red) traffic signal where such intersection is posted with a "No Right Turn On Red" sign. The City Council shall establish by resolution, which may be amended from time to time, intersections where right turns are prohibited. Before the City Council establishes such regulation, it shall receive a recommendation from the City Engineer and City Manager. (Ord. 977, 6-13-90)
 

15.04.11: YIELD SIGNS:

The Council may establish an intersection as a "Yield Intersection" pursuant to the California Vehicle Code by resolution, which may be amended from time to time. Before the City Council establishes such intersection, it shall receive a recommendation from the City Engineer and City Manager. (Ord. 977, 6-13-90)
 

15.04.12: BLOCKING OF INTERSECTIONS PROHIBITED:

The Council may establish an intersection as a "Do Not Block Intersection" pursuant to the California Vehicle Code by resolution, which may be amended from time to time. Before the City Council establishes such intersection, it shall receive a recommendation from the Police Chief and City Manager. (Ord. 977, 6-13-90)

ARTICLE 05 – Back to top

SPEED REGULATIONS

SECTION:

15.05.01: Speed Reduction

15.05.02: Conducting Speed Limit Zone Studies !2R!

15.05.01: SPEED REDUCTION:

The City Council by resolution, pursuant to provisions of the California Vehicle Code and on the basis of engineering and traffic investigations, shall determine on which streets or portions thereof the speed permitted by State law is greater or less than is reasonable or safe under the conditions found to exist upon the described portions of such streets, and it is hereby declared that the prima facia speed limit on those streets or portions thereof shall be as set forth by said resolution of the City Council, as amended from time to time. (Ord. 977, 6-13-90)
 

15.05.02: CONDUCTING SPEED LIMIT ZONE STUDIES:

It shall be the responsibility of the City Engineer, with the assistance of the Police Chief, to conduct speed limit zone studies at the times and in the manner prescribed by State law. A report shall be presented to the City Council indicating the results of said study. (Ord. 977, 6-13-90)

ARTICLE 06 – Back to top

STREET RESTRICTIONS
 

SECTION:

15.06.01: One-Way Streets and Alleys

15.06.02: Truck Routes

15.06.03: Commercial Vehicles Prohibited

15.06.04: Load Limits !2R!
 

15.06.01: ONE-WAY STREETS AND ALLEYS:

The City Council may designate by resolution, which may be amended from time to time, any one-way street or alley within the City. Before the City Council makes such designation, it shall receive a recommendation from the City Engineer and City Manager. Any street or alley so designated shall have signs indicating the direction of lawful traffic placed at every intersection where movement of traffic in the opposite direction is prohibited. (Ord. 977, 6-13-90)

15.06.02: TRUCK ROUTES:

A. General: The City does hereby conclude the following:

1. Any vehicle or truck-trailer combination traveling on a restricted street with a maximum gross weight exceeding the prescribed weight limit constitutes an obstruction to public travel and safety and a traffic hazard by virtue of the speed and size incident to such vehicle.

2. Any vehicle or truck-trailer combination traveling on a restricted street with a maximum gross weight exceeding the prescribed weight limit constitutes a public nuisance by virtue of the noxious odors and noise incident to such vehicle.

3. Any vehicle or truck-trailer combination traversing a restricted street with a maximum gross weight exceeding the prescribed weight limit thereon constitutes a nuisance and hazard to the preservation of the pavement thereon.

B. Classification: Each, every and all streets of the City are hereby divided and classified into the following four (4) groups:

1. Unrestricted Streets: Any street or streets hereinafter designated as an unrestricted street shall have imposed no weight restriction or regulation thereon, except as contained in the State Vehicle Code. Such streets shall be as follows:

a. San Gabriel Boulevard: Within the City limits.

2. Intermediate Truck Routes: Whenever signs are erected giving notice thereof, it shall be unlawful for any person owning or operating any motor vehicle or truck-trailer combination exceeding a maximum gross weight of sixteen thousand (16,000) pounds to drive or propel the same or to cause or permit the same to be driven or propelled at any time upon, over or across any streets within the City except those designated as an intermediate or unrestricted truck route. Intermediate streets shall be as follows:

a. Huntington Drive (north and south roadways): Within the City limits.

3. Light Truck Routes: Whenever signs are erected giving notice thereof, it shall be unlawful for any person owning or operating any motor vehicle or truck-trailer combination exceeding a maximum gross weight of twelve thousand (12,000) pounds to drive or propel the same or to cause or permit the same to be driven or propelled at any time upon, over or across any streets within the City, except those designated as a light truck, intermediate or an unrestricted truck route. Light truck streets shall be as follows:

a. Los Robles Avenue: North City limits to Mission Street.

b. Mission Street: Los Robles Avenue to west City limits.

4. Restricted Streets: Whenever signs are erected giving notice thereof, it shall be unlawful for any person owning or operating any motor vehicle or truck-trailer combination exceeding a maximum gross weight of six thousand (6,000) pounds to drive or propel the same or to cause or permit the same to be driven or propelled at any time upon, over or across any streets within the City, except those designated as an unrestricted truck route, an intermediate truck route or a light truck route.

C. Determination of Truck Weight: Any police officer shall have the authority to require a person driving or in control of any vehicle operating on a street to proceed to any public or private scale within a radius of five (5) miles for the purpose of weighing and determining whether any portion of this Section has been violated.

D. Pickup and Delivery by Trucks Exceeding Maximum Gross Weight: This Chapter shall not prohibit any vehicle or truck-trailer combination exceeding the prescribed maximum gross weight limit, coming from an unrestricted or less restricted street, from having ingress and egress by direct route to and from such greater restricted streets when necessary for the purpose of making pickups or deliveries of goods, wares and merchandise from or to any building or structure located on such greater restricted streets or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon such restricted street for which a building permit has previously been obtained therefor. Only the shortest deviation from the nearest unrestricted or less restricted street shall be permitted.

E. Exemptions: The provisions of this Section shall not apply to the following:

1. Passenger buses under the jurisdiction of the State Public Utilities Commission (PUC).

2. Vehicles owned by a public utility while necessarily in use in the construction, installation or repair of any public utility.

3. Emergency vehicles of the City.

4. Vehicles subject to the provisions of section 1033 of the Public Utilities Code.

5. School buses under the jurisdiction of the San Marino Unified School District. (Ord. 977, 6-13-90; 1994 Code)
 

15.06.03: COMMERCIAL VEHICLES PROHIBITED:

Appropriate signs shall be erected and maintained on any street or portion thereof designated by ordinance or resolution of the City as a street on which the use by any commercial vehicle is prohibited. (Ord. 977, 6-13-90)
 

15.06.04: LOAD LIMITS:

Upon recommendation of the Police Chief and approval of the City Engineer, certain streets or portions thereof may have limitations placed upon the total gross weight of any vehicle which shall be driven or propelled over said street or portion thereof.

The following streets shall have load weight limitations placed on them:

A. Circle Drive Bridge: Six thousand (6,000) pounds. (Ord. 977, 6-13-90)

ARTICLE 07 – Back to top

STOPPING, STANDING AND PARKING

SECTION:

15.07.01: Application of Provisions

15.07.02: Stopping or Parking in Parkway

15.07.03: Unauthorized Parking - General

15.07.04: Unauthorized Parking - Signs

15.07.05: Parking Limitation on Streets and Alleys

15.07.06: Parking for Purposes of Display or Repair

15.07.07: Stopping or Standing on Left-Hand Side of Roadways

15.07.08: Angle Parking

15.07.09: Parking Adjacent to Schools

15.07.10: Parking on Narrow Streets

15.07.11: Parking on Hills

15.07.12: Prohibited Parking

15.07.13: Permit Parking

15.07.14: Parking or Standing of Vehicles for Sale of Items

15.07.15: Temporary No Parking Signs

15.07.16: Curb Markings to Indicate Regulations

15.07.17: Two Hour Parking Limits - Commercial District

15.07.18: Two Hour Parking Limits - Certain Streets

15.07.19: Limited Time Parking

15.07.20: Four Hour Parking Limit

15.07.21: Business District Prohibited Parking

15.07.22: Parking Prohibited at All Times

15.07.23: Prohibited Parking at Night

15.07.24: Limited Parking at Night

15.07.25: Parking Space Markings

15.07.26: City Parking Lot

15.07.27: Public Off-Street Parking Lots

15.07.28: Stopping in Alleys !2R!

15.07.01: APPLICATION OF PROVISIONS:

The provisions of this Article prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times herein specified, except when it is necessary to stop a vehicle to avoid conflict with other traffic in compliance with the directions of a police officer or official traffic-control device.

The provisions of this Article imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the State Vehicle Code, this Chapter or other ordinance of this City prohibiting or limiting the standing or parking of vehicles in specified places or at specified times. (Ord. 977, 6-13-90)

15.07.02: STOPPING OR PARKING IN PARKWAY:

No person shall stop or park a vehicle within any parkway in the City. Parkway shall include a driveway apron located in a parkway. (Ord. 092-1033, 4-14-93)

15.07.03: UNAUTHORIZED PARKING - GENERAL:

When authorized signs are in place giving reasonable notice, it shall be unlawful for any person to park or place a motor vehicle in any driveway, on any private property or on any off-street parking area established in Chapter XXIII of this Code without the express or implied consent of the owner or person in lawful possession of such driveway, private property or off-street parking area.

This Section shall not apply to any public parking lot or area established by zone variance under Chapter XXIII of this Code, nor to public parking facilities created by parking district assessments. (Ord. 977, 6-13-90)

15.07.04: UNAUTHORIZED PARKING - SIGNS:

No person shall erect or maintain or cause or permit to be erected or maintained any sign or notice in connection with Section 15.07.03 of this Article unless the same shall comply with the following requirements:

A. The provisions of Chapter XXIII of this Code pertaining to signs, except as more stringent regulations are imposed herein; and

B. No such sign shall exceed a height of twelve feet (12') if painted on or attached to a building, nor shall the same exceed a height of eight feet (8') if placed or located elsewhere; and

C. No such sign shall exceed four hundred seventy five (475) square inches in area. (Ord. 977, 6-13-90)
 

15.07.05: PARKING LIMITATION ON STREETS AND ALLEYS:

No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any public street or public alley in the City for a period longer than forty eight (48) consecutive hours.

In the event a vehicle is parked or left standing upon a street or alley for a period in excess of forty eight (48) consecutive hours, any member of the Police Department may remove such vehicle from the street or alley in the manner and subject to the requirements of the State Vehicle Code. (Ord. 977, 6-13-90)

15.07.06: PARKING FOR PURPOSES OF DISPLAY OR REPAIR:

No person shall park a vehicle upon any roadway for the purpose of displaying such vehicle for sale or washing, greasing or repairing such vehicle, except for repairs necessitated by an emergency. (Ord. 977, 6-13-90)

15.07.07: STOPPING OR STANDING ON LEFT-HAND SIDE OF ROADWAYS:

A. Subject to other and more restrictive limitations, a vehicle may stop or park within eighteen inches (18") of the left-hand curb facing in the direction of traffic movement upon any one-way street unless signs are in place prohibiting such stopping or standing.

B. In the event a highway includes two (2) or more separate roadways and traffic is restricted to one direction upon such roadway, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are in place permitting such standing or parking.

C. The Police Chief may recommend when standing or parking shall be prohibited upon the left-hand side of any one-way street or when standing or parking may be permitted upon the left-hand side of any one-way roadway of a highway having two (2) or more separate roadways. The City Engineer shall review such recommendation and may authorize the Public Works Department to erect signs giving notice thereof. (Ord. 977, 6-13-90)

15.07.08: ANGLE PARKING:

The City Council may designate by resolution, which may be amended from time to time, any street or portion thereof upon which angle parking shall be permitted. Before the City Council establishes such designation, it shall receive a recommendation from the Police Chief and City Engineer.

When signs or markings are in place indicating angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings. (Ord. 977, 6-13-90)
 

15.07.09: PARKING ADJACENT TO SCHOOLS:

The City Council may prohibit by resolution the parking of motor vehicles on that side of the street adjacent to any school property, when such parking is deemed to interfere with traffic or create a hazardous situation. Before the City Council establishes such prohibition, it shall receive a recommendation from the Police Chief and City Engineer. (Ord. 977, 6-13-90)

15.07.10: PARKING ON NARROW STREETS:

Upon recommendation of the Police Chief and with approval of the City Engineer, the Public Works Department shall place signs or markings indicating no parking upon any street when the width of the roadway does not exceed twenty five feet (25') or upon one side of a street when the width of the roadway does not exceed thirty feet (30').

When official signs or markings prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any street in violation of such sign or marking. (Ord. 977, 6-13-90)

15.07.11: PARKING ON HILLS:

No person shall park or leave standing any vehicle unattended on a street when upon a grade exceeding three percent (3%) without blocking the wheels of such vehicle by turning them against the curb or by other means. (Ord. 977, 6-13-90)

15.07.12: PROHIBITED PARKING:

No person shall stop, stand or park in any of the following areas if appropriately signed or marked:

A. At any place within twenty feet (20') of a point on the curb immediately opposite the midblock end of a safety zone.

B. At any place within twenty five feet (25') of an intersection in any business district; except, that a bus may stop at a designated bus stop.

C. Within twenty five feet (25') of the approach to any traffic signal, boulevard stop sign or official flashing device. (Ord. 977, 6-13-90)
 

15.07.13: PERMIT PARKING:

The City Council may provide for a street or section of a street to be restricted to parking by permit only by resolution after a public hearing. When such street or section of street is so designated, the Public Works Department shall erect and maintain signs indicating the days and times of said restriction. The City Clerk shall provide permits for parcels adjoining the restricted street or portions thereof indicating authority to park the vehicle on the street during such restricted time. (Ord. 977, 6-13-90)
 

15.07.14: PARKING OR STANDING OF VEHICLES FOR SALE OF ITEMS:

It shall be unlawful for any person to stand or park any vehicle, wagon or pushcart from which goods, wares, merchandise, fruits, vegetables or foodstuffs are sold, displayed, solicited or offered for sale, barter or exchange upon any portion of any street or alley within the City.

The provisions of this Section shall not apply to persons delivering such articles upon prior order of, or by prior agreement with, a customer from a store or other fixed place of business or distribution or from a resident of the City. (Ord. 977, 6-13-90)
 

15.07.15: TEMPORARY NO PARKING SIGNS:

Upon recommendation of the Police Chief, the Public Works Department may erect or post temporary signs indicating that the operation, parking or standing of vehicles is prohibited on such streets and alleys during the times indicated on said signs. Such signs shall remain in place only during the time so indicated.

Temporary signs may be erected or posted if traffic congestion is likely to result from:

A. The holding of public or private assemblages, gatherings or functions.

B. The movement of equipment, articles or structures of unusual size.

C. Street repairs or construction.

D. The use of such street for authorized purposes other than the normal flow of traffic.

E. Such other purpose as deemed appropriate by the Police Chief.

When signs authorized by the provisions of this Section are in place giving notice thereof, it shall be unlawful to operate, stand or park any vehicle contrary to the directions and provisions of such signs. (Ord. 977, 6-13-90)

15.07.16: CURB MARKINGS TO INDICATE REGULATIONS:

The City Council may designate by resolution streets or sections of streets upon which curb markings shall be placed to regulate standing or parking. Before the City Council establishes such designation, it shall receive a recommendation from the Police Chief and City Engineer.

Such markings shall have the regulatory meanings as herein set forth:

A. Red shall mean no stopping, standing or parking at any time, except as permitted by the State Vehicle Code; provided, that a bus may stop in a red zone marked or signed as a bus zone.

B. Yellow shall mean no stopping, standing or parking at any time between seven o'clock (7:00) A.M. and six o'clock (6:00) P.M. of any day, except Sundays and holidays, for any purpose other than the loading or unloading of passengers or materials; provided, that the loading or unloading of passengers shall not consume more than three (3) minutes, nor the loading or unloading of materials more than twenty (20) minutes.

C. White shall mean no stopping, standing or parking for any purpose other than the loading or unloading of passengers which shall not exceed three (3) minutes, and such restriction shall apply:

1. When such zone is in front of or adjacent to a United States mailbox, the restrictions shall apply at all times.

2. When such zone is in front of a church, the restrictions shall apply at all times.

3. At all other times and places, the restrictions shall apply only between seven o'clock (7:00) A.M. and six o'clock (6:00) P.M. of any day except Sundays and holidays.

D. Green shall mean no standing or parking for longer than twenty (20) minutes at any time between seven o'clock (7:00) A.M. and six o'clock (6:00) P.M. of any day except Sundays and holidays.

No person shall stop, stand or park any vehicle adjacent to any legible curb marking in violation of this Section. (Ord. 977, 6-13-90)

15.07.17: TWO HOUR PARKING LIMITS - COMMERCIAL DISTRICT:

When authorized signs are in place giving notice thereof, no person shall stop, stand or park any vehicle within any commercial district between the hours of seven o'clock (7:00) A.M. and six o'clock (6:00) P.M. of any day, except Sundays and holidays, for a period of more than two (2) hours unless more restrictive regulations are posted or marked. (Ord. 977, 6-13-90)

15.07.18: TWO HOUR PARKING LIMITS - CERTAIN STREETS:

The City Council may establish by resolution, which may be amended from time to time, two (2) hour parking limitations on certain streets in the City. Before the City Council establishes such limitation, it shall receive a recommendation from the Police Chief and City Manager. When authorized signs are in place, it shall be unlawful for any person to stop, stand or park any vehicle for a period of more than two (2) hours at any time between the hours of nine o'clock (9:00) A.M. and five o'clock (5:00) P.M. of any day, except Sundays. (Ord. 977, 6-13-90)

15.07.19: LIMITED TIME PARKING:

When authorized signs are posted giving notice thereof, no person shall stop, stand or park any vehicle upon any street between the hours of seven o'clock (7:00) A.M. and nine o'clock (9:00) A.M. or between the hours of four o'clock (4:00) P.M. and six o'clock (6:00) P.M. of any day, except Sundays and holidays, for any purpose other than for the loading or unloading of passengers. (Ord. 977, 6-13-90)

15.07.20: FOUR HOUR PARKING LIMIT:

When authorized signs are posted giving notice thereof, no person shall stop, stand or park any vehicle upon any street for a period of time longer than four (4) hours at any time between the hours of nine o'clock (9:00) A.M. and five o'clock (5:00) P.M. of any day, except Sundays and holidays.

The streets subject to this Section shall be set by resolution of the City Council which may be amended from time to time. (Ord. 977, 6-13-90; 1994 Code)

15.07.21: BUSINESS DISTRICT PROHIBITED PARKING:

When authorized signs are posted giving notice thereof, no person shall stop, stand or park any vehicle upon any such street in any business district between the hours of four o'clock (4:00) P.M. and six o'clock (6:00) P.M. of any day, except Sundays and holidays, for any purpose other than the loading or unloading of passengers and materials. (Ord. 977, 6-13-90)
 

15.07.22: PARKING PROHIBITED AT ALL TIMES:

The City Council may establish by resolution, which may be amended from time to time, parking prohibition on certain streets or portions thereof in the City. Before the City Council establishes such prohibition, it shall receive a recommendation from the Police Chief, City Engineer and City Manager.

When signs are posted giving notice thereof, no person shall at any time park a vehicle upon any of the designated streets or portions thereof. (Ord. 977, 6-13-90)

15.07.23: PROHIBITED PARKING AT NIGHT:

No person shall stop, stand or park a vehicle between the hours of two o'clock (2:00) A.M. and five o'clock (5:00) A.M. of any day on any street within the City, excluding Huntington Drive and San Gabriel Boulevard. (Ord. 977, 6-13-90)

15.07.24: LIMITED PARKING AT NIGHT:

When signs are posted giving notice thereof, no person shall park a vehicle between the hours of nine o'clock (9:00) P.M. and six o'clock (6:00) A.M. on the streets or parts of streets as established by resolution of the City Council which may be amended from time to time. (Ord. 977, 6-13-90; 1994 Code)

15.07.25: PARKING SPACE MARKINGS:

The Public Works Department is authorized to install and maintain parking space markings to indicate legal parking spaces adjacent to curbing where authorized parking is permitted.

When parking spaces are so marked on a street, subject to other and more restrictive limitations, no vehicle shall be stopped, left standing or parked other than within a single space unless the size or shape of such vehicle makes compliance impossible. (Ord. 977, 6-13-90)

15.07.26: CITY PARKING LOT:

A. Hours: It shall be unlawful for any person to park any vehicle or to cause or permit any vehicle to be parked for a period of more than four (4) hours between the hours of nine o'clock (9:00) A.M. and four o'clock (4:00) P.M. any day except Sunday, or to park any vehicle or cause or permit same to be parked other than within one of the marked parking spaces in the City parking lot immediately to the east of City Hall.

B. Ingress/Egress: Entrance to said parking lot shall be from Huntington Drive and egress shall be only from the southerly end of said parking lot through the public alleys.

C. Trucks Excluded: It shall be unlawful for any person to park any truck or trailer in excess of six thousand (6,000) pounds of maximum gross weight in said parking lot or to drive or cause or permit any truck or trailer to be driven upon, across, through or over said parking lot except for the delivery of goods and merchandise. (Ord. 977, 6-13-90)

15.07.27: PUBLIC OFF-STREET PARKING LOTS:

It shall be unlawful, within any public parking lot or access thereto, for any person to:

A. Stop, stand or park any vehicle or to cause or permit any vehicle to stop, stand or park other than within a regularly designated marked parking space.

B. Allow any vehicle to be parked between the hours of two o'clock (2:00) A.M. and five o'clock (5:00) A.M. of any day.

C. Stop, stand or park any vehicle, either wholly or partially, in any driveway or in any manner which shall obstruct or interfere with the free movement of vehicles in such driveway or off-street parking lot.

D. Stop, stand, park or be driven or hauled across such public parking lot any vehicle in excess of six thousand (6,000) pounds of maximum gross weight or towing a trailer.

E. Stop, stand or park or cause or permit to be parked any boat, motorhome, trailer or component thereof. (Ord. 977, 6-13-90)

15.07.28: STOPPING IN ALLEYS:

It shall be unlawful for any person to stop, stand or park any vehicle in any alley for any purpose other than the loading or unloading of persons or materials. (Ord. 977, 6-13-90)

ARTICLE 08 – Back to top

THROUGH STREETS AND STOP INTERSECTIONS
 

SECTION:

15.08.01: Stop Intersections

15.08.02: Stop Intersections - Traffic Signals !2R!

15.08.01: STOP INTERSECTIONS:

The City Council may designate by resolution, which may be amended from time to time, street intersections at which stop signs shall be installed. Before the City Council establishes such designation, it shall receive a recommendation from the Police Chief, City Engineer and City Manager.

When signs are erected giving notice thereof, all vehicles traveling on the respective designated street by this Section shall be brought to a full stop before entering the intersection of the respective through street. (Ord. 977, 6-13-90)

15.08.02: STOP INTERSECTIONS - TRAFFIC SIGNALS:

When traffic signals are installed at any of the intersections contained in Section 15.08.01 of this Article, all vehicles shall be regulated by such traffic signals rather than the stop signs. Upon installation of a traffic signal, existing stop signs shall be removed. (Ord. 977, 6-13-90)

ARTICLE 09 – Back to top

MISCELLANEOUS ZONES
 

SECTION:

15.09.01: Loading and Unloading Zones

15.09.02: Bus Zones

15.09.03: Handicapped Parking Areas

15.09.04: Handicapped Parking Spaces Identified !2R!

15.09.01: LOADING AND UNLOADING ZONES:

A. Determination of Zones: Upon recommendation of the Police Chief and approval of the City Engineer, the Public Works Department may mark loading zones and passenger loading zones as follows:

1. At any place in any business district.

2. In front of the entrance to any place of business or in front of any hall or place used for the purpose of public assembly.

B. Limitation of Zones: In no event shall more than one-half (¹/₂) of the total curb length in any block be reserved for loading zone purposes.

C. Curb Markings:

1. Loading zones shall be indicated by a yellow paint line stenciled with black letters, "LOADING ONLY", upon the top of all curbs within such zones.

2. Passenger loading zones shall be indicated by a white line stenciled with black letters, "PASSENGER LOADING ONLY", upon the top of all curbs within such zones.

D. Restrictions and Time Limits:

1. Permission granted under the provisions of this Article to stop or stand a vehicle for purposes of loading or unloading of materials shall apply only to commercial vehicles and shall not extend beyond the time necessary therefor or twenty (20) minutes, whichever is shorter.

2. The loading or unloading of materials shall apply only to commercial deliveries and to the delivery or pickup of express and parcel post and United States mail.

3. Permission granted under the provisions of this Article to stop or stand for purposes of loading or unloading passengers shall include the loading or unloading of personal baggage and shall not extend beyond the time necessary therefor or three (3) minutes, whichever is shorter.

4. Within the total time limits specified, the provisions of this Section shall be enforced so as to accommodate necessary and reasonable loading or unloading but without permitting abuse of the privileges hereby granted.

E. Stopping in Zones:

1. No person shall stop, stand or park a vehicle in any yellow loading zone for any purpose other than loading or unloading passengers or materials for such time as permitted in subsection D of this Section.

2. No person shall stop, stand or park a vehicle in any white loading zone for any purpose other than loading or unloading passengers for such time as permitted in subsection D of this Section. (Ord. 977, 6-13-90)
 

15.09.02: BUS ZONES:

Upon recommendation of the Police Chief and approval of the City Engineer, the Public Works Department may mark bus zones opposite curb space for the loading and unloading of buses or common carriers of passengers as follows:

A. Length: No bus zones shall exceed eighty feet (80') in length.

B. Location: Bus zones shall normally be located on the far side of an intersection. No bus zone shall be located opposite and to the right of a safety zone.

C. Curb Markings: All curbs and places specified as a bus zone shall be painted with a red line stenciled with white letters, "NO STANDING" with the words "BUS ZONE" on the top of all said curbs.

D. Stopping in Zone: No person shall stop, stand or park any vehicle except a bus in a bus zone. (Ord. 977, 6-13-90)
 

15.09.03: HANDICAPPED PARKING AREAS:

The City Council may designate by resolution, which may be amended from time to time, parking spaces on City-owned public parking lots for the exclusive use of vehicles which display a distinguishing license plate or placard issued pursuant to the State Vehicle Code for disabled persons or disabled veterans. Before the City Council establishes such designation, it shall receive a recommendation from the Police Chief and City Manager.

When signs or markers are installed, it shall be unlawful for any person to park a vehicle which does not display the distinguishing license plate or placard specified herein in any space designated for physically handicapped persons in any City-owned public parking lot. (Ord. 977, 6-13-90)
 

15.09.04: HANDICAPPED PARKING SPACES IDENTIFIED:

The following City-owned public parking lots shall have parking spaces designated for the physically handicapped:

A. City Hall: East parking lot on Huntington Drive.

B. Lacy Park: Main parking lot on Virginia Road.

C. Public Library: Main parking lot on West Drive. (Ord. 977, 6-13-90; 1994 Code)

ARTICLE 10 – Back to top

PEDESTRIANS

SECTION:

15.10.01: Crosswalks

15.10.02: Crossing Roadways at Right Angles

15.10.03: Standing in Roadways

15.10.01: CROSSWALKS:

Upon recommendation of the Police Chief and with approval of the City Engineer, the Public Works Department may mark crosswalks at intersections and other places by appropriate devices, marks or lines upon the surface of the roadway.

Crosswalks shall be established and maintained at all intersections within a business district and at other places within or outside business districts where there is a particular hazard to pedestrians crossing the roadway.

Other than crosswalks at intersections, no crosswalk shall be established in any block which is less than four hundred feet (400') in length. Elsewhere, not more than one additional crosswalk shall be established in any one block and such crosswalk shall be established as nearly as practicable at midblock. (Ord. 977, 6-13-90)

15.10.02: CROSSING ROADWAYS AT RIGHT ANGLES:

No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb except in a marked crosswalk. (Ord. 977, 6-13-90)

15.10.03: STANDING IN ROADWAYS:

No person shall stand in any roadway other than in a safety zone or in a crosswalk if such action interferes with the lawful movement of traffic. This Section shall not apply to any public officer or employee or employee of a public utility when necessarily upon a street in the line of duty. (Ord. 977, 6-13-90)

ARTICLE 11 – Back to top

BICYCLES AND OTHER WHEELED TOYS
 

SECTION:

15.11.01: Rights and Duties of Bicycle Riders

15.11.02: Prohibited Uses

15.11.03: Requirement to Obey Traffic-Control Devices

15.11.04: Riding within Commercial Zone Restricted

15.11.05: Parking Restriction

15.11.06: Exceptions from Regulations !2R!

15.11.01: RIGHTS AND DUTIES OF BICYCLE RIDERS:

Except as hereinafter provided in this Article, every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the State Vehicle Code or by the City Code, except as to special regulations in this Article and those provisions of law and ordinance which, by their nature, can have no application. (Ord. 977, 6-13-90)

15.11.02: PROHIBITED USES:

A. Riding on Sidewalks: No person shall use or operate any bicycle or wheeled toy upon any sidewalk in a business district or adjacent to any place of public assembly.

B. Wheeled Toys on Streets: No person shall use, operate, park or leave any wheeled toy upon the traveled way of any public street or alley.

C. Riding Bicycle in Crosswalks: No person shall ride or operate a bicycle in or into any marked pedestrian crosswalk unless such person dismounts from the bicycle and proceeds on foot wheeling the bicycle, except for the purpose of riding across said crosswalk. (Ord. 977, 6-13-90)

15.11.03: REQUIREMENT TO OBEY TRAFFIC-CONTROL DEVICES:

Any person operating a bicycle shall obey the instructions of official traffic-control signals, signs and other control devices applicable to vehicles unless otherwise directed by a police officer.

Whenever authorized signs are erected indicating that no right or left turn or U-turn is permitted, no person operating a bicycle shall disobey the direction of any such sign, except where such person dismounts from the bicycle to make such turn, in which event, such person shall then obey the regulations applicable to pedestrians. (Ord. 977, 6-13-90)

15.11.04: RIDING WITHIN COMMERCIAL ZONE RESTRICTED:

No person shall ride or operate any bicycle or wheeled toy along, on or across any street located within the C-1 Commercial Zones of this City, delineated on the official Zoning Map, when such streets or parts thereof have been posted or marked by street paintings indicating the prohibition against such bicycle riding. (Ord. 977, 6-13-90)

15.11.05: PARKING RESTRICTION:

No person shall park or leave any bicycle or wheeled toy upon any street or alley, nor upon any sidewalk in any business district or adjacent to any place of public assembly in such manner as to obstruct or hinder the free passage of pedestrians or other vehicles or devices permitted to use the same. Any bicycle or wheeled toy found in violation of this Section may be impounded by the Police Department and returned to the owner under such reasonable conditions as may be established by the Police Chief. (Ord. 977, 6-13-90)
 

15.11.06: EXCEPTIONS FROM REGULATIONS:

Devices designed, intended and used solely for the transportation of infants, invalids or incapacitated persons or devices designed, intended and used for the transportation of merchandise to or from the place of purchase and other wheeled devices when being used for either of said purposes shall be exempted from the regulations imposed by this Article.

The regulations specified in this Article shall not apply to a place of public assembly when it is not open or in use, nor shall they apply if the person in charge of such place of public assembly expressly waives the same. (Ord. 977, 6-13-90)

ARTICLE 12 – Back to top

REGULATION OF BUSES, VANS AND VALET PARKING
 

SECTION:

15.12.01: Requirement for Permit

15.12.02: Obtaining a Permit and Conditions

15.12.03: Violation of Permit Requirements or Conditions !2R!

15.12.01: REQUIREMENT FOR PERMIT:

No person shall conduct any social, philanthropic, civic or other similar activity in the R-1 Use Zone employing the use of a bus, van, shuttle bus, multi-passenger limousine or other similar multi-passenger vehicles or shall use valet parking wherein the parking of cars shall be on the public streets, thoroughfares or alleys without having first obtained a permit from the Police Department. The permit shall be obtained by the property owner or lawful occupant of the property. (Ord. 977, 6-13-90)
 

15.12.02: OBTAINING A PERMIT AND CONDITIONS:

A. Permit Obtained from Police Chief: An application for a permit as required in Section 15.12.01 of this Article shall be submitted to the Police Chief not less than ten (10) days prior to the date of the activity. The request for a permit shall be on such form and shall contain such information as the Police Chief shall establish.

B. Establishment of Conditions: The Police Chief shall be empowered to impose such conditions upon the use of a bus, van, shuttle bus, multi-passenger limousine or other similar multi-passenger vehicle or the use of valet parking wherein the parking of cars shall be on public streets, thoroughfares or alleys which the Police Chief deems necessary to protect the public safety and general welfare. (Ord. 977, 6-13-90)

15.12.03: VIOLATION OF PERMIT REQUIREMENTS OR CONDITIONS:

Failure to obtain a permit as required in Section 15.12.01 of this Article or failure to comply with the conditions placed on such permit shall be a misdemeanor or an infraction, as determined by the City Prosecutor. (Ord. 977, 6-13-90; 1994 Code)

ARTICLE 13  - Back to top

NOVELTY TRANSPORTATION SERVICE

SECTION:

15.13.01: Definitions

15.13.02: Permit and License Requirements

15.13.03: Violation of Permit Requirements or Conditions

15.13.01: DEFINITIONS

"Novelty Transportation Service" shall mean the business of providing transportation on public streets to the general public, with or without a fee, in a motorized or non-motorized apparatus in connection with a special activity such as a fair, grand opening or other similar activity or to provide entertainment due to the historic, antique, or unusual nature of the vehicle or mode of transportation.

15.13.02: PERMIT AND LICENSE REQUIREMENTS

A. It shall be unlawful for any person to provide novelty transportation services in the City without first obtaining a business license pursuant to Chapter XI of the City Code and a novelty transportation permit from the Chief of Police or his or her designee.

B. The Police Chief shall impose such conditions upon the novelty transportation permit as the Chief finds are reasonably necessary to protect the public safety and general welfare, including, but not limited to the location, route, and days and times for the novelty transportation service.

C. An application for a novelty transportation permit shall be submitted to the Chief of Police not less than 10 days prior to the date the service will commence. The request for the permit shall be on such form and shall contain such information as the Chief of Police shall establish.

15.13.02 15.13.03

D. Every person operating a novelty transportation service shall provide the City prior to the issuance of the novelty transportation permit a certificate of insurance in the amount of $1,000,000 (combined single limit, each occurrence), evidencing general liability coverage and naming the City of San Marino as an additional insured. The certificate shall provide that the Police Chief shall receive thirty (30) days advance notice prior to reduction in coverage or cancellation of the policy.
 

15.13.03 VIOLATION OF PERMIT REQUIREMENTS OR CONDITIONS

A. Operation of a novelty transportation service without having first obtained a novelty transportation permit or violation of a novelty transportation permit shall be an infraction of a novelty transportation permit shall be an infraction punishable as provided in Article 4 of Chapter I of the San Marino City Code.

B. In addition to the penalty imposed under Section 15.13.03(A), failure to comply with any condition of a novelty transportation permit shall constitute grounds for immediate revocation of the permit. (Ord. O94-1064, 11-9-94)

CHAPTER XVI

STREETS AND SIDEWALKS

Subject Article

General Provisions 01

Excavations and Obstructions 02

Street Improvements Under Private Contract 03

Construction and Repair of Public Ways 04

Abandoned Driveways and Curb Cuts 05

Connection to Public Sewers 06

Sidewalk Encroachment Permits 07

ARTICLE 01 – Back to top

GENERAL PROVISIONS
 

SECTION:

16.01.01: Duties of Director of Public Works

16.01.02: Hauling Dirt, Sand and Gravel Over Public Ways

16.01.03: Laying Water, Gas or Sewer Mains Under Parkways and Sidewalks !2R!
 

16.01.01: DUTIES OF DIRECTOR OF PUBLIC WORKS:

It shall be the duty of the Director of Public Works to:

A. Issue all permits pertaining to the City ordinances in any street or dedicated right of way, except the planting or trimming of trees or shrubs.

B. Supervise the installation and the maintenance of all sewers and storm drains within the boundary of any street or dedicated right of way, except those rights which are held by the County.

C. Supervise the installation and the maintenance of all traffic signals and ornamental street lights within the City and supervise the installation of all poles, conduits, wires and vaults. (1954 Code §19.1; 1994 Code)
 

16.01.02: HAULING DIRT, SAND AND GRAVEL OVER PUBLIC WAYS:

It shall be unlawful for any person to haul any dirt, sand, gravel or similar material upon or along any paved, oiled or macadamized street in the City unless contained in a box or receptacle sufficiently tight to prevent the same from sifting or dropping upon such street. (1954 Code §19.2)
 

16.01.03: LAYING WATER, GAS OR SEWER MAINS UNDER PARKWAYS AND SIDEWALKS:

No permit shall be issued with respect to the laying of gas, water or sewer mains longitudinally in any parkway or under any sidewalk in the City unless approval is given by the City Council, and no map of any proposed subdivision shall be approved or accepted by the City Council where gas, water or sewer mains are proposed to be laid longitudinally in the parkways or under the sidewalks thereof. (1954 Code §19.3)

ARTICLE 02 – Back to top

EXCAVATIONS AND OBSTRUCTIONS
 

SECTION:

16.02.01: Compliance with Provisions

16.02.02: Permit Required

16.02.03: Requirements and Conditions Precedent to Issuance of Permit

16.02.04: Penalty for Late Application

16.02.05: Approval of Application and Issuance of Permit

16.02.06: Permits Subject to Certain Rights

16.02.07: Nontransferability of Permit

16.02.08: Cancellation of Permit

16.02.09: Excavation at Locations Other Than Described in Permit

16.02.10: Safety Measures

16.02.11: Diligence to Work; Minimal Obstructions

16.02.12: Site Restoration

16.02.13: Emergency Excavations

16.02.14: Exemptions from Provisions !2R!
 

16.02.01: COMPLIANCE WITH PROVISIONS:

It shall be unlawful for any person to make or cause to be made any excavation in, upon or under the surface of any parkway, park, bridle path or other public land or place in the City except in conformity with the requirements of this Article. (1954 Code §19.4)
 

16.02.02: PERMIT REQUIRED:

It shall be unlawful for any person to make or cause to be made any excavation in, upon or under the surface and within the property sidelines of any public street, avenue, alley, court, place, highway or public way in this City or to dig in, plow up, tear up, fill, cover, disturb or change any portion of the same or to cause or permit to be constructed, put upon, maintained or left thereon any obstruction or impediment to travel or to pile or place thereon any material without first obtaining a written permit therefor. (1954 Code §19.5)

16.02.03: REQUIREMENTS AND CONDITIONS PRECEDENT TO ISSUANCE OF PERMIT:

An applicant for the permit required by Section 16.02.02 of this Article shall perform the following conditions precedent to the issuance thereof and comply with the following requirements prior to the issuance of such permit:

A. Application: The applicant for such permit shall make, sign and file in the office of the Director of Public Works an application, to be approved by said Director, stating the name, address and principal place of business of the applicant, the location and dimensions of each excavation intended to be made and the proposed purpose thereof, or the exact location where it is desired to place obstructions in the public streets, avenues, alleys, courts, places or public ways, or to pile material, the extent to which it is desired to do so, the kind and nature of obstruction or material to be so placed, the amount of room required therefor and the time during which the obstruction or material will be there.

B. Plats: An applicant for a permit to excavate in a public street, avenue, alley, court, place or public way shall file in the office of the Director of Public Works a plat, in duplicate, designating such street, avenue, alley, court, place or public way and the location thereof, together with a designation of the location thereon of the proposed excavation, the dimensions thereof and any other details which may be requested by the Director of Public Works; provided, however, that the filing of plats shall not be required when excavations are made for service connections or for the location of trouble in conduits or pipes or for making repairs thereto.

C. Changes in Application Information: The applicant shall show to the satisfaction of the Director of Public Works a right to use and occupy, for the purpose mentioned in the application, the street, avenue, alley, court, place or public way wherein the excavation is proposed to be made, and the Director of Public Works may make such change in the application as to the location, size and depth of such excavation as he may deem necessary for the protection of the street, avenue, alley, court, place or public way wherein such excavations are to be made, as are, in his/her judgment, necessary for the proposed purposes thereof, and may make such changes as to the location, size or character of obstructions to be placed in the highway as are, in his/her judgment, necessary to prevent undue interference with traffic on the street, avenue, alley, court, place or public way or endanger the safety of persons using the same.

D. Restoration Agreement; Deposit or Bond: