The text
Footnotes:
--- (1) --- 1. For statutory provisions authorizing cities to maintain streets and sidewalks, see Gov. C.A., Section 40401. See also Gov. C.A., Sections 37353 and 40404.
CHAPTER 12.04 - STREET AND HIGHWAY IMPROVEMENT#
12.04.010 - County street and highway ordinance adopted.#
Except as hereinafter provided, Ordinance No. 3597 of the county of Los Angeles, as amended to December 7, 1979, which ordinance regulates streets and highways and provides for permits for the moving of buildings and the making of excavations in public streets, and the laying, constructing and repairing of curbs and sidewalks, is hereby adopted by reference by the city of Commerce, as if set forth in full herein.
(Ord. 277 §1, 1980: Ord. 119 §1 (part), 1967: Ord. 39 §1 (part), 1961: prior code §7100 (part)).
12.04.020 - Copies on file.#
Three copies of Ordinance No. 3597, as amended, of the county of Los Angeles, are on deposit in the office of the city clerk and shall be at all times maintained by the city clerk for use and examination by the public.
(Ord. 277 §2, 1980: Ord. 119 §1 (part), 1967: Ord. 39 §1 (part), 1961: prior code §7100 (part)).
12.04.030 - Words and phrases amended.#
Whenever any of the following names or terms are used in Ordinance No. 3597, as amended, of the county of Los Angeles, each name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows: (1)
"County," "County of Los Angeles" or "Unincorporated Area" means the city of Commerce.
(2)
"Superintendent of streets" means the road commissioner of the county of Los Angeles or such other person as may be appointed to act in such capacity by the city council, from time to time, by resolution or minute order.
(Ord. 119 §1 (part), 1967: Ord. 39 §1 (part), 1961: prior code §7101).
12.04.040 - Addition to Ordinance No. 3597.#
The following new Section 316 is hereby added to said Ordinance No. 3597: "Section 316. Whenever a permittee fails to comply with the conditions established for the exercise of a privilege granted under a permit, the Commissioner may revoke the privilege. Upon such revocation, the permittee shall immediately restore the highway to the Commissioner's satisfaction. If the permittee fails to do so, the Commissioner may restore the highway at the expense of the permittee or charge the permittee a fee of $100.00 a day for each day of failure to restore the highway."
(Ord. 151 §1, 1970).
12.04.050 - Certificates of insurance.#
If an applicant for an encroachment permit is required, as a condition to the issuance of such permit, to indemnify the city, and the county if acting as agent for the city, from liability or responsibility for any damage or injury to persons or property occurring as a proximate result of activities undertaken pursuant to the permit applied for, the applicant may be required to file a certificate of insurance evidencing coverage of the city and county of not less than five hundred thousand dollars for bodily injury and/or one hundred thousand dollars for property damage liability to assure compliance with the indemnification requirement.
(Ord. 406 §1, 1987).
CHAPTER 12.05 - ESTABLISHING REGULATIONS OF STREET CUTS ON NEWLY PAVED STREETS#
12.05.010 - Regulations of street cuts on newly-improved streets.#
(a)
Regulations. On a paved, constructed, reconstructed or resurfaced street, the pavement surface shall not be cut or opened for a period of five years upon completion and acceptance by city council. On a slurry sealed street, the pavement surface shall not be cut or opened for a period of two years upon completion and acceptance by city council.
(b)
Exemptions. The director of public works, in consultation with the city engineer the city's contract engineer, may grant exemptions to the regulations imposed in subsection (1) of this section under the following circumstances:
(1)
For emergencies which endanger life or property or interrupt essential utility service, as determined by the director of public works, in consultation with the city engineer or the city's contract engineer;
(2)
For work that is mandated by city, county, state or federal laws;
(3)
Where no other reasonable means of providing service exists to a building, as determined by the director of public works, in consultation with the city engineer or the city's contract engineer;
(4)
For any public utility possessing a franchise from the city and acting in accordance with the said franchise; or
(5)
For other situations deemed by the director of public works, in consultation with the city engineer or the city's contract engineer, to be in the public interest of the city.
(c)
Imposition of Conditions when Granting an Exemption, Including Requirement to Repave. When granting an exemption to this regulation, the director of public works, in consultation with the city engineer or the city's contract engineer, may impose conditions to ensure the rapid and complete restoration of the street and street paving.
(1)
Repaving may include street grinding, base and sub-base repairs, restoration of pavement markings, and other related work, as determined by the director of public works, in consultation with the city engineer or the city's contract engineer, or the city engineer, and may include up to the full-width street paving of the roadway.
(2)
Any person who is required to repave a street shall obtain an encroachment permit and shall be responsible for the full cost of a plan preparation, plan review, construction inspection, material testing, bonding, and all other expenses related to the work.
(3)
Repaving shall be completed pursuant to the City of Commerce's requirements. For concrete streets, repaving shall be from joint to joint of Portland cement concrete pavement.
(4)
Pavement improvements shall be completed within thirty calendar days of the completion of the work or project that required the pavement cut. If the director of public works, in consultation with the city engineer or the city's contract engineer, determines that restoration of the street is not appropriate at a particular time for reasons relating to weather or other short-term factors, the director of public works, in consultation with the city engineer or the city's contract engineer, or the city engineer, may order a postponement until proper conditions allow for restoration work.
(Ord. No. 751, § 2, 5-5-2020)
12.05.020 - Violation.#
It shall be unlawful for any person to trench, cut, dig, make or cause any cut or excavation in any city streets without a permit and in violation of this chapter.
(Ord. No. 751, § 2, 5-5-2020)
CHAPTER 12.06 - CITY TREES#
Footnotes:
--- (2) --- Editor's note— Ord. No. 764, § 2, adopted Oct. 20, 2020, amended Ch. 12.06 in its entirety to read as herein set out. Former Ch. 12.06, §§ 12.06.010—12.06.040, pertained to similar subject matter and derived from Ord. No. 626, § 1, 2010.
12.06.010 - Definition.#
For the purpose of this chapter, the word "tree" means any plant or vegetation which exceeds eighteen inches in height. The word "groundcover" means any plant or vegetation which does not exceed eighteen inches in height.
(Ord. No. 764, § 2, 10-20-2020)
12.06.020 - Adoption of policy.#
The city council shall by resolution, adopt a city tree policy. The intent of the policy shall be to recognize and underscore the importance of trees and the urban forest of the city and to preserve the trees of the city for future generations and safeguard the public from dangerous conditions from the city's urban forest.
(Ord. No. 764, § 2, 10-20-2020)
12.06.030 - Administration and enforcement.#
The director of public works, or his or her designee, shall administer and enforce the provisions of this chapter or any provision set forth in the city tree policy adopted pursuant to Section 12.06.020 herein.
(Ord. No. 764, § 2, 10-20-2020)
12.06.040 - Violations and penalties.#
(a)
It shall be unlawful for any individual, person, company, corporation or entity to plant, remove, prune, or maintain any trees, or allow, cause, or permit the same to be done, in the city, in violation of this chapter or any provision set forth in the city tree policy adopted pursuant to Section 12.06.020.
(b)
The City Council of the City of Commerce hereby declares and finds that a violation of this chapter or the city tree policy is a public nuisance subject to enforcement, abatement, remedies, and penalties as provided in this chapter, section, code, city tree policy, and any applicable local, state and federal laws, ordinances, rules and regulations.
(c)
Any individual, person, company, corporation or entity causing, allowing, permitting, or maintaining any condition, use or activity in violation of any provision of this chapter or the city tree policy shall be guilty of a misdemeanor, pursuant to Section 1.12.010 of Chapter 1.12 of this code.
(d)
A responsible party may also be subject to administrative citations and fines pursuant to Chapter 1.13 of this code, as well as Resolution No. 20-90, as may be subsequently amended.
(e)
The individual, person, company, corporation or entity causing or allowing a violation of this code or the city's tree policy shall reimburse the city any costs incurred by the city for undertaking any underlying corrective work, including costs of planting, removal or pruning of trees, and for the administrative time and expense to enforce the provisions of this chapter or the city tree policy, including late charges, and the handling of any assessment or lien. Failure to pay said corrective work or enforcement costs to the city shall authorize the city to collect said costs by any and all available legal remedies available to the city. In this regard, in addition to other penalties provided by law, any condition caused or permitted to exist in violation of this chapter or city's tree policy is deemed a public nuisance and the city may proceed with summary abatement and recover the expenses of abatement for that nuisance, pursuant to Chapter 9.32 ("Public Nuisances and Abatement") of this code, or applicable local or state laws.
(Ord. No. 764, § 2, 10-20-2020)
CHAPTER 12.08 - OBLIGATIONS OF PROPERTY DEVELOPERS#
Footnotes:
--- (3) --- 2. For statutory provisions pertaining to subdivided lands and subdivisions, see Bus. & Prof. C.A., Section 11000 et seq.
12.08.010 - Purpose.#
In enacting this chapter, the city council hereby finds that this city has experienced explosive increases in land development for high activity purposes, the direct result of which is to rapidly render the previously existing streets and highways inadequate in width and development to provide minimum acceptable service capacity to the lands being developed, and, therefore, the public is being denied streets and highways of minimum standards for safe and convenient vehicular and pedestrian access and travel.
Therefore, the provisions hereof are intended officially to define the requirements, policies, and procedures for the acquisition of public improvements of property, in order to: (1)
Supplement and insure conformity to Title 19, the subdivision map act and to other applicable provisions of this code, and to extend the basic requirements thereunder, to apply to land development in which no subdivision is involved;
(2)
Spread the costs of required public improvements upon the abutting properties as contemplated by law;
(3)
Protect the vested interest of the public in the pre-existing capacity of city streets and highways, and to provide for private participation in the widening and improvement of streets and highways when the same becomes necessary by reason of development of abutting property;
(4)
Protect the public safety and general welfare of the general public.
(Ord. 62 §1 (part), 1962: prior code §7400).
12.08.020 - Intent.#
Compliance with the requirements provided herein is not intended to relieve any further and additional obligations with respect to streets imposed by reason of other regulations of city or as may be provided for by agreement with the city.
(Ord. 62 §1 (part), 1962: prior code §7401).
12.08.030 - Constructing buildings, off-street parking—Street improvements.#
Except as otherwise provided herein, any person constructing, adding to, or arranging for the construction of, or addition to any off-street parking facilities, or any building in the city, the result of which, in the opinion of the city administrator, effects an increase in the density of use of the property or effects an increase of the traffic generation on the street in question, shall also provide for the construction of curbs, gutters, sidewalks, and street paving to meet the existing street pavement, in accordance with city's standard specifications and design along all public streets frontage adjoining the property upon which such work is to be done, unless curbs, gutters, sidewalks and paving constructed in accordance with city standards and design therefor already exist.
(Ord. 62 §1 (part), 1962: prior code §7402 (part)).
12.08.040 - Permit for construction.#
A permit for such work shall be applied for in accordance with and subject to the provisions of all applicable laws in addition to the special provisions herein provided. The permit shall be issued, or a variance as provided in Section 12.08.050 shall be granted, prior to or in conjunction with the issuance of any building permits or other permits for the property.
(Ord. 62 §1 (part), 1962: prior code §7402 (part)).
12.08.050 - Variance from construction requirements.#
(a)
A variance from the application of Section 12.04.030 in requiring public street improvements to be installed in conjunction with improvements to the abutting property may be granted under the following circumstances:
(1)
Where the city engineer finds and determines that area drainage facilities are inadequate and that the installation of all or a portion of the required public improvements would endanger the public welfare by reason thereof; or
(2)
Where the city engineer determines that it would be in the best interest of the city to cause all or a portion of the required work to be done on an area project basis rather than on an individual basis; or
(3)
Where the city administrator finds and determines that the requirements, as applied to an individual property, by reason of exceptional or extraordinary situation or condition of the property, or the location thereof, or of the use or development of property in the immediate vicinity of the property, will involve practical difficulties or would cause undue hardship, unnecessary to carry out the purposes and spirit of this chapter.
(b)
Variance shall not be granted nor become effective unless and until an agreement between the property owner and the city of Commerce is properly executed, agreeing that the property owner will undertake the construction of the required improvements as required by these regulations within ninety days after notice to begin the construction of the improvements is sent by the city to the property owner. The agreement shall further provide that, in the event of default in undertaking and completing the required improvements within the time specified, the city may cause the work to be done and the cost thereof to be assessed as a lien against the property. The agreement shall recite that it runs with the land and shall be recorded in order to constitute notice to any prospective buyers or encumbrancers. The city administrator is hereby authorized to execute such an agreement for and on behalf of the city.
(Ord. 62 §1 (part), 1962: prior code §7403).
12.08.060 - Location of improvements.#
Curbs, gutters, sidewalks and street paving shall be constructed at official grades or at other grades established by the superintendent of streets, and shall be located in accordance with appropriate city regulations.
(Ord. 62 §1 (part), 1962: prior code §7404).
12.08.070 - Dedication of right-of-way required—When.#
Prior to the issuance of any building permits, or other permits, for the improvement or use of property adjoining a public street, there shall be dedicated to the city of Commerce that part of the property sufficient to bring said public street up to the width line established therefor. In the event existing buildings or other structural improvements are located within the right-of-way to be dedicated, the city shall compensate the owner for the costs of removing and relocating the improvements to the remaining property, or shall grant a waiver of the dedication requirement, as the city council may determine.
(Ord. 62 §1 (part), 1962: prior code §7405).
12.08.080 - Exceptions.#
The construction requirements hereof shall not apply to any of the following circumstances: (a)
The subdividing or resubdividing of land insofar as the same is regulated by the Subdivision Map Act of the State of California and the city of Commerce regulations therefor;
(b)
Where the installation of the required public improvements are part of a public improvement project already budgeted by the city, or where the same are to be installed by proceedings conducted pursuant to California Assessment District Acts.
(Ord. 62 §1 (part), 1962: prior code §7406).
12.08.090 - Final inspection of improvements.#
The building official shall deny final approval and acceptance, and shall refuse to allow final public utility connections, to any building or structure, unless curbs, gutters, sidewalks and paving as may be required herein, exist or are constructed and accepted by the city.
(Ord. 62 §1 (part), 1962: prior code §7407).
12.08.100 - Appeals—Hearing.#
Any person who deems himself aggrieved by any decision or order of the city administrator, the city engineer, the building official, the street superintendent, or any other city employee, pursuant to the provisions of this chapter, may appeal the decision to the city council. The appeal shall be in writing and shall be filed with the city clerk within fifteen days from the receipt of appellant of notice of the decision which is the subject of the appeal. The written appeal shall state, briefly, the grounds for the appeal.
The city council shall then set the appeal for hearing before itself and shall cause to be given to the appellant at least five days written notice of the date upon which the appeal will be heard. The notice shall be given by regular mail. At the hearing, the appellant may give such evidence and arguments as he may deem proper in support of this appeal. The decision of the city council rendered after the hearing shall be final and conclusive.
(Ord. 62 §1 (part), 1962: prior code §7408).
CHAPTER 12.12 - ADVERTISING ADJACENT TO FREEWAYS#
12.12.010 - Purpose.#
The general purpose of the regulations regarding advertising displays set forth in this chapter shall be to promote traffic safety, to protect persons and property values from damage due to indiscriminate and harmful use of advertising displays, and to preserve a pleasing and attractive appearance within the city and thereby foster orderly development to a high standard.
(Ord. 68 §2 (part), 1963; Ord. 64 §1 (part), 1962: prior code §7500).
12.12.020 - Definitions.#
As used in this chapter, certain terms are defined as follows: (1)
"Advertising structure" refers to a structure of any kind or character erected or maintained for outdoor advertising purposes on which any poster, bill, printing, painting, or other advertising of any kind whatsoever may be placed, including statuary.
(2)
"Sign" refers to any card, cloth, metal, painted or wooden sign of any character, placed for outdoor advertising purposes on or to the ground, or any tree, wall, bush, rock, fence, building, structure, or thing, either publicly or privately owned, other than an advertising structure.
(3)
Neither "advertising structures" nor "sign", as used in this chapter, includes:
A.
Official notices issued by a court or public body or officer;
B.
Notices posted by any public officer in performance of a public duty, or by any person in giving legal notice;
C.
Directional, warning or information signs or structures required or authorized by law or by federal, state or municipal authority.
(4)
"Advertising display" refers to advertising structures and to signs.
(5)
"Freeway" means a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands, or in respect to which the owners have only limited or restricted right or easement of access, and which is declared to be such in compliance with the Streets and Highways Code of the State of California.
(6)
"To place", and all of its variants as applied to advertising displays, includes the maintaining and the erecting, constructing, posting, painting, printing, tacking, nailing, glueing, stitching, carving, or otherwise fastening, affixing or making visible any advertising display on or to the ground or any tree, bush, rock, fence, post, wall, building, structure or thing.
(7)
"Landscaped freeway" means a section or sections of a freeway which is now or hereafter may be improved by the planting of, at least on one side of the freeway right-of-way, lawns, trees, shrubs, flowers or other ornamental vegetation which require reasonable maintenance.
Planting for the purpose of soil erosion control, traffic safety requirements, reduction of fire hazards or traffic noise abatement shall not change the character of a freeway to a landscaped freeway.
(Ord. 68 §2 (part), 1963; Ord. 64 §1 (part), 1962: Ord. 40 §1 (part), 1961: prior code §§7200 and 7501).
12.12.030 - Applicability.#
(a)
No advertising displays of any kind shall be erected or located except those permitted in the various zones as provided by the zoning regulations in effect from time to time in the city.
(b)
The provisions and regulations of this chapter shall apply only to advertising displays which are located within five hundred feet of the main traveled roadway of a freeway. "Main traveled roadway of a freeway" means that portion of a freeway, including interchange roadways connecting one freeway with another, which is designed for the movement of large volumes of vehicular traffic efficiently and safely at high speed, but not including service roadways, landscaped areas, or ingress or egress ramps connecting the freeway with other streets.
(Ord. 68 §2 (part), 1963; Ord. 64 §1 (part), 1962: prior code §7502).
12.12.040 - Exemptions.#
The provisions of this chapter, except Section 12.12.120, shall not apply to any of the following listed advertising displays: (1)
Advertising displays used exclusively to advertise the sale or lease of the property on which the advertising display is placed;
(2)
Advertising displays used exclusively to designate the name of the owner or occupant of the premises upon which the advertising display is placed, or to identify such premises;
(3)
Advertising displays used exclusively to advertise the business conducted, or goods manufactured or produced, or services rendered upon the property upon which said advertising display is placed;
(4)
Advertising displays so located that the matter displayed is not designed to be or is not clearly visible to persons in automobiles traveling upon a main traveled roadway of a freeway;
(5)
Direction signs in connection with off-street parking and loading facilities;
(6)
Signs of less than four square feet in area;
(7)
Temporary signs denoting the architect, engineer, contractor or builder on the building site of any work under construction, alteration or removal; provided, however, that such signs shall be removed from the site within seven days after completion of the project.
(Ord. 68 §2 (part), 1963; Ord. 64 §1 (part), 1962: prior code §7503).
12.12.050 - Regulations.#
All advertising displays which are subject to the provisions of this chapter shall comply with the following rules and regulations: (1)
There shall not be exhibited, posted or displayed upon any advertising display any statement, words or signs of an obscene, indecent or immoral nature or any picture, illustration or delineation of any human figure in such detail as to offend public morality or public decency or any lewd or lascivious act or any other matter or thing of an obscene, indecent or immoral nature or offensive to the moral sense, or any murder, suicide, robbery, hold-up, stabbing, shooting, clubbing, or beating of any human being wherein any such act is shown in a revolting manner or in any manner objectionable to the moral sense.
(2)
There shall not be used, operated or employed in connection with any advertising display any system of electrical hook up or connection, including, but not limited to any public address system, loud speaker system, sound amplifying system, whether the source thereof is from a human voice, recording, electrical transcription or musical tone, in conjunction with or attached to any advertising display, in such a manner as to permit or allow the sound emitted therefrom or transferred thereover, or carried through such system or systems to travel into, on or over a main traveled roadway of a freeway.
(3)
There shall not be erected, constructed or maintained any advertising display with which or in conjunction with which any live animal or human being is used as part of the advertising value thereof to attract the attention of the public when such a live animal or human being is visible from a main traveled roadway of a freeway.
(4)
No person shall use, operate or employ any stereopticon or motion picture machine in conjunction with or attached to any advertising display in such a manner as to permit or allow the images projected therefrom to be visible from a main traveled roadway of a freeway.
(5)
No advertising display including the advertising matter thereon, shall imitate or simulate any official warning, stop, danger or directional sign.
(6)
No advertising display shall be illuminated by flashing or moving lights, nor shall it be illuminated in such a way as to cause glare or light to be transmitted in detrimental or harmful concentrations onto adjoining properties or onto a main traveled roadway of a freeway. All artificial illumination shall be constant and shall not be increased or decreased in intensity nor changed as to color more frequently than once in any thirty minute period.
(7)
No advertising displays shall have moveable parts visible from a main traveled roadway of a freeway, which moveable parts constitute more than thirty-five percent of the overall sign area.
(Ord. 68 §2 (part), 1963; Ord. 64 §1 (part), 1962: prior code §7504).
12.12.060 - Placement.#
All advertising displays hereafter constructed or erected within five hundred feet from a main traveled roadway of a freeway shall comply with the following rules and regulations with regard to location: (1)
They shall not be spaced at intervals of less than two hundred feet; provided, however, that, for the purposes of this section, "V" type structures shall be considered to be one structure.
(2)
They shall not be so located as to obstruct or impair, the view of pedestrians or motorists of pedestrian or vehicular traffic on an intersecting street.
(3)
They shall not be located within two hundred feet from the exterior boundaries of any parcel of property which is devoted to public or quasi-public, recreational, educational, religious, cultural or administrative uses.
(4)
They shall not be located within one hundred feet from the exterior boundaries of any parcel of property which is devoted, wholly or partially, to a residential use.
(5)
They shall not be located within any area required as a yard pursuant to the zoning regulations of the city.
(6)
Any advertising display of more than five hundred square feet in area shall be set back one additional foot from the building setback line for each ten square feet in excess of the five hundred square feet of sign area; provided, however, that the maximum required setback shall be forty feet.
(7)
They shall be so located as to duly respect the rights of other neighboring uses of property.
(Ord. 68 §2 (part), 1963; Ord. 64 §1 (part), 1962: prior code §7505).
12.12.070 - Variances.#
Notwithstanding the provisions of this chapter, the planning commission may, upon written application setting forth good cause therefor, permit advertising displays contrary to the provisions hereof. Allowance shall be made only upon a sufficient showing that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter and intent of this chapter. Each permit shall specify the height, width and location of the advertising display, the purpose thereof and the advertising matter to be permitted thereon, and the length of time during which the sign may be constructed and maintained. Any application for a permit under this section shall state fully the grounds of the applicant and all facts relied upon by the applicant for his application. No permit issued under this section shall be effective unless and until the permittee has filed with the city clerk a cash bond, or a corporate surety bond in a form approved by the city attorney, guaranteeing compliance with all conditions imposed by the permit, including the removal of such sign upon the expiration of the permit authorizing the same.
(Ord. 68 §2 (part), 1963; Ord. 64 §1 (part), 1962: prior code §7506).
12.12.080 - Maintenance.#
All advertising displays and the ground area thereunder shall be kept in good repair and maintained in a neat and orderly manner.
(Ord. 68 §2 (part), 1963; Ord. 64 §1 (part), 1962: prior code §7507).
12.12.090 - Permits.#
No person shall erect, construct, relocate or cause or permit to be erected, constructed or relocated any advertising display within five hundred feet of a main traveled roadway of a freeway without first having secured a written permit so to do from the planning commission. Any person desiring such a permit shall file with the planning commission an application therefor. At the time of such filing, he shall pay a fee of ten dollars for each advertising display. The planning commission shall review the plans, the proposed site if necessary, and shall make its finding within thirty-five days after the application is received by it, or longer if approved by mutual consent of both planning commission and applicant.
(Ord. 68 §2 (part), 1963; Ord. 64 §1 (part), 1962: prior code §7508).
12.12.100 - Appeal to city council.#
If any person is dissatisfied with any determination of the planning commission made pursuant to the provisions of either Section 12.12.070 or 12.12.090, he may appeal in writing to the city council within twenty days after mailing by the planning commission of written notice to the applicant of the determination. The city council shall review the plans, and the proposed site if necessary, and shall make its finding and decision within thirty days after the appeal is filed, or longer if approved by mutual consent of both city council and applicant. The decision and determination of the city council shall be final.
(Ord. 68 §2 (part), 1963; Ord. 64 §1 (part), 1962: prior code §7509).
12.12.110 - Pre-existing advertising displays.#
No advertising display heretofore erected which does not comply with the provisions of this chapter shall hereafter be repaired, altered or reconstructed except in conformity with this chapter. All advertising displays erected prior to or erected under a valid agreement so to do executed prior to the ordinance codified in this chapter shall be removed or made to conform with the provisions of this chapter within five years after the applicability of the provisions of this chapter thereto. The five year period may be extended by the planning commission for an additional period of not to exceed five years, pursuant to application made under Section 12.12.070, and subject to the criteria set forth in Section 12.12.070.
(Ord. 68 §2 (part), 1963; Ord. 64 §1 (part), 1962: prior code §7510).
12.12.120 - Advertising adjacent to landscaped freeways—Exemptions.#
(a)
No advertising displays shall be placed or maintained on property adjacent to a section of freeway which has been or hereafter may be landscaped as defined herein, if the advertising display is designed to be viewed primarily by persons traveling on such landscaped section of a freeway.
(b)
The provisions of (a) shall not apply to any of the following listed advertising structures or signs used exclusively:
(1)
To advertise the sale or lease of the property on which said advertising display is placed.
(2)
To designate the name of the owner or occupant of the premises upon which said advertising display is placed, or to identify such premises.
(3)
To advertise the business conducted, or goods manufactured or produced, or services rendered upon the property upon which said advertising display is placed.
(Ord. 40 §1 (part), 1961: prior code §§7201 and 7202).
12.12.130 - Removal of prohibited displays.#
Any advertising structure or sign which is now or hereafter may be in violation of the provisions of Section 12.12.120 shall be removed within three years from the effective date of the ordinance codified in Section 12.12.120 and 12.12.130, or within three years from the date when the project for the landscaping of a section or sections of a freeway shall have been completed or accepted. The character of the section or sections shall have been changed from a freeway to a landscaped freeway, whichever is later.
(Ord. 40 §1 (part), 1961: prior code §7203).
CHAPTER 12.16 - OBSTRUCTIONS#
Footnotes:
--- (4) --- 3. For statutory provisions authorizing cities to prohibit and prevent encroachments upon or obstructions in or to any sidewalks, streets or alleys, and for the abatement thereof, see Gov. C.A., Section 38775.
12.16.010 - Parkway defined—Applicability of chapter.#
As used in this chapter, "parkway" means that area of public street or highway from the curb line to the private property line, and includes the area developed for sidewalk purposes. The provisions of this chapter shall also apply to streets and highways not fully developed, in which case the parkway shall be defined as the area between the edge of the existing pavement and the private property line.
(Ord. 56 §1 (part), 1962: prior code §7300).
12.16.020 - Leaving signs on parkway.#
No sign, advertising display, merchandise or other object shall be placed in a parkway for a period longer than fifteen minutes. This prohibition shall be in effect regardless of the district or zone in which the area is located.
(Ord. 56 §1 (part), 1962: prior code §7301).
12.16.021 - Leaving articles on highways.#
A person shall not leave or permit to remain on any public highway, alley, sidewalk, crosswalk or other public way open for pedestrian travel any merchandise, baggage, or any article of personal property. This section shall not apply to structures, racks or cases which comply with the requirements of Section 5.16.030.
(Ord. 311 §1, 1982).
12.16.030 - Exceptions to 12.16.020.#
The following exceptions to the prohibitions of Section 12.16.020 are permitted: (1)
Directions, warning or informational signs required or authorized by law or officials of the city, county or state.
(2)
Official notices issued by any court or governmental agency or officer.
(3)
Street name signs installed or authorized to be installed by the city.
(4)
Signs, merchandise or other objects authorized to be placed in the parkway on a temporary basis under the provisions of Section 12.16.040. Such signs, merchandise and other objects shall be permissible only for that period specified in the temporary permit.
(Ord. 56 §1 (part), 1962: prior code §7302).
12.16.040 - Temporary permits to obstruct.#
In order to prevent undue hardship, the city administrator is hereby authorized to issue a temporary permit for the placing of signs, merchandise or other objects in a parkway, provided that the applicant for such permit shall show that the following conditions prevail: (1)
The temporary permit is necessary in the public interest;
(2)
The denial of the permit would cause undue hardship;
(3)
The permit is necessary for a limited time only.
The city administrator may place on the permit those conditions deemed necessary in the public interest. A temporary permit may be issued for a period not longer than thirty days. At the expiration of the temporary permit, all signs, merchandise or other objects shall be removed by the applicant. The applicant shall have the right to appeal, in writing, the action of the city administrator to the city council. The city council shall have the right to deny or issue the permit and, if a permit is issued, to impose such restrictions or conditions as it may see fit. The decision of the city council shall be final.
(Ord. 56 §1 (part), 1962: prior code §7303).
12.16.050 - Gates.#
It is unlawful to construct or maintain any gate in any fence in such manner that the gate may be opened outward over any portion of any public highway open for either pedestrians or vehicular traffic.
It is unlawful to cause or permit any gate in any fence to be or remain opened outward over any portion of any public highway open for either pedestrian or vehicular traffic.
(Prior code §4210).
12.16.060 - Flowing mud or water on highway.#
It is unlawful for any person, firm, or corporation, to deposit, drain, wash, allow to run or divert into or upon any public road, highway, street or alley, drainage ditch, storm drain, or flood control channel owned by or controlled by a public agency within the city, any water, mud, sand, oil or petroleum, except that, upon written application of any person filed with the city clerk for presentation to the city council, the city council may, upon such terms and conditions as it may deem advisable to impose, including the charging of a fee therefor, grant a permit to the person to do any of the acts prohibited by this section, provided the same shall not be detrimental to the public health, safety, morals or welfare.
(Prior code §4231).