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HomeMy WebLinkAboutORD 691ORD 691x ôÎÁEäj // ORDINANCE NO. 691 i ST r;rADi^:'i...../.' AN ORDINANCE OF THE CITY COUNCIL OF THE CO.\'D \D^G./^ CITY OF BALDWIN PARK RECODIFYING AND RE- ENACTING THE PROVISIONS OF THE BALDWIN PARK MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. That certain of the provisions of the Baldwin Park Municipal Code. as enacted by Ordinance No. 1 of the City Council of the City of Baldwin Park, to wit: Sections 1100 through and including 8981, inclusive, are hereby suspended during such time as this Ordinance is in full force and effect. SECTION 2. That attached hereto and incorporated herein by this reference, marked Exhibit A" is that certain document which shall be known as the Baldwin Park Municipal Code" consisting of Sections 1000 through and including 7709, inclusive. Said Exhibit A", being a re- compilation of the existing provisions of the Baldwin Park Municipal Code, together with certain amendments and deletions relating thereto, be, and the same hereby is, adopted as the Baldwin Park Municipal Code, and shall be in full force and effect from and after the date of adoption of this Ordinance. SECTION 3. That all Ordinances, and former Code provisions incon- sistent with the provisions of Baldwin Park Municipal Code, as set forth on Exhibit A" hereto, shall be deemed, for a11 purposes, to be suspended and of no further force and effect during such time as this Ordinance is in effect. SECTION 4. That the City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. PASSED and APPROVED this 18th day of December 1974. ATTEST: STATE OP CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I. THELMA L. BALKUS, City Clerk of the City of Baldwin Park. do hereby certify that the foregoing Ordinance No. 691 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the i7th day of July 1974. That, thereafter, said Ordinance was duly passed and approved at a regular meeting of the City Council on the 18 th day of Decembel; 1974, by the following vote: AYES: COUNCILMEN GREGORY, KING. WALDO AND MAYOR HAMILTON NOES: COUNCILMEN___________________________________ ABSENT: COUNCILMEN MC CARON THELMA L. BALKUS. CITY CLERK BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEäORDINANCE NO. 691 EXHIBIT A" BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEäBALDWIN PARK MUNICIPAL CODE TABLE OF CONTENTS ARTICLE I General Chapter 1 Adoption of Code Chapter 2 Enforcement of Code Chapter 3 Rules of Construction ARTICLE II Administration Chapter 1 City Council Chapter 2 City Clerk; City Treasurer Chapter 2.5 Community Redevelopment Agency Chapter 3 Other Officers and Employees Part A Classified and Unclassified Service Part B Conditions of Employment Part C City Manager Part D City Attorney Part E Director of Finance Chapter 4 City Commissions Part A Membership Part B Planning Commission Part C Emergency Services Commission Part D Recreation and Parks Commission Part E Personnel Board Chapter 4.5 Workmen's Compensation Coverage Chapter 5 Fiscal Affairs Chapter 6 City Property Chapter 7 Lost Property BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEäChapter 8 Purchasing Chapter 9 Appeals ARTICLE III Public Health and Safety Chapter 1 Adoption of Public Health Code Chapter 2 Adoption of Fire Code Chapter 3 Fireworks Chapter 4 Traffic Regulations Part A Vehicular Traffic Regulations Division 1 General r^- Division 2 Administration Division 3 Traffic Control Devices Division 4 Turning Movements Division 5 One-way Streets Division 6 Special Stops Division 7 Miscellaneous Driving Rules Division 8 Pedestrian Regulations Division 9 Stopping, Standing and Parking Division 10 Stopping, Standing and Parking on Certain Streets Division 11 Loading Zones Division 12 Restricted Use of Certain Streets Division 13 Parking Meters Division 14 Trains Division 15 Special Speed Zones Division 16 Private Property Traffic Regulations Part B Bicycle Regulations BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEäChapter 5 Animal Control Chapter 6 Parkway Trees Chapter 7 Disorderly Conduct Chapter 8 Public Parks Part A General Part B Park Permits Part C Conduct in Parks Chapter 9 Parade Permits Chapter 10 Refuse Collection and Disposal Chapter 11 Miscellaneous ARTICLE IV Business Licenses and Permits Chapter 1 Business Licenses Part A General Part B Rates of Licenses Taxes Chapter 2 Business Permits Part A Procedure Part B Bankruptcy Sales Part C Charitable Religious Solicitation Part D Dance Permits Part E Handbills Part F Massage Parlors Part G Private Patrols Part H Taxi cabs BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEäPart I Temporary Use Permits ARTICLE V Fiscal Matters Chapter 1 Sales Tax Chapter 2 Transient Occupancy Tax Chapter 3 Real Property Transfer Tax Chapter 4 Claims, Demands and Warrants Chapter 5 Tax Procedure Law ARTICLE VI Public Streets, Sewers and Utilities Chapter 1 Public Streets Part A Specifications and Standards Part B Street Benches Part C House Numbers Part D Construction, Excavation, Encroachment, Moving and Load Regulations Division 1 Definitions Division 2 Permit Procedure Division 3 Driveways Part E Street Banners Chapter 2 Public Sewers Part A Adoption of Sewer Ordinance Part B Sewer Permits Chapter 3 Franchises for Community Antenna Television Systems Chapter 4 Underground Utility Districts ARTICLE VII Building Regulations Chapter 1 Uniform Building Code BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEäChapter 2 Uniform Plumbing Code Chapter 3 Uniform Mechanical Code Chapter 4 Uniform Swimming Pool Code Chapter 5 National Electrical Code Uniform Wiring Code Chapter 6 Uniform Sign Code Chapter 7 Uniform Housing Code Chapter 8 Public Nuisance Part A Real Property Part B Motor Vehicles Chapter 9 House Moving BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEäARTICLE I GENERAL CHAPTER 1 ADOPTION OF CODE 1000. SHORT TITLE. REFERENCE TO CODE. This Code shall be known as the Baldwin Park Municipal Code," and it shall be sufficient to refer to said Code as such in any prosecution for the violation of any provision hereof. It shall also be sufficient to designate any ordinance adding to, amending, or repealing, said Code, or portions hereof, as an addition or amendment to, or a repeal of. the Baldwin Park Municipal Code," or a portion thereof. 1001. CODIFICATION AUTHORITY. This record consists of the regulatory and penal ordinances and certain of the administrative regulations of the City of Baldwin Park, codified pursuant to applicable provisions of the Government Code of the State of California. 1002. EFFECTIVE DATE, This Code shall take effect upon the effective date of the ordinance of the City Council of the City of Baldwin Park, whereby the same is adopted. 1003. EFFECT OF CODE ON PAST ACTIONS AND OBLIGATIONS. Neither the adoption of this Code nor the repeal of any ordinance or prior Code herein- after ordinances") of this City: 1) shall, in any manner affect the pro- secution for violations of Codes or ordinances, committed prior to the effective date hereof; nor 2) shall the same be construed as a waiver of the requirement for any license or permit under such ordinances; nor 3) shall the same be construed as affecting any of the provisions of such ordinances relating to the collection of any such license taxes or the penal provisions applicable to any violation thereof; nor 4) shall the same be construed to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and a11 rights and obligations thereunder appertaining shall continue in full force and effect, The provisions of this iCode, insofar as they are substantially the same as pre-existing ordinances of the City relating to the same subject matter, shall be construed as restatements and continuations of existing laws, and not as new enactments. 1004. STATUS OF PRESENT EMPLOYEES. Any person holding any position of employment with the City as of the effective date of this Chapter, shall main- tain and carry foward such status; however, each such position, shall, after the effective date hereof, be subject, in a11 respects, to the provisions of this Code. 1005. VALIDITY OF CODE. If any section, subsection, sentence, clause, phrase or portion of this Code is, for any reason, held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Code. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE äThe City Council hereby declares that it would have adopted this Code and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions hereof, be declared invalid or unconstitutional. 1006. DISTRIBUTION OF CODE. Not less than three copies of this Code shall be filed for use and examination by the public in the office of the City Clerk. Additional copies shall be prepared in loose-leaf form and shall be mounted to withstand heavy usage, in a manner to be prescribed by the City Manager. Copies hereof shall be distributed as directed by the City Manager. 1007. NOTATION OF AMENDMENTS, Certified copies of each ordinance changing any provision of this Code shall be maintained on file in the office of the City Clerk, duly Indexed for ready reference. 1008. AMENDMENTS. The City Clerk shall prepare copies of all changes in the Code, for Insertion in the loose-leaf copies hereof, and shall dis- tribute the same to all officers and employees of the City and other persons maintaining copies of the Code, for Insertion in their respective Codes, within thirty days after the adoption of such changes. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE äARTICLE I GENERAL CHAPTER 2 ENFORCEMENT OF CODE 1100. VIOLATIONS A MISDEMEANOR. No person shall violate any provision, or fail to comply with any of the requirements, of this Code, including, but not limited to, any Code or ordinance adopted herein by reference. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of said Code, shall be guilty of a misdemeanor. Any person con- victed of a misdemeanor for a violation of any provision of said Code, shall be punishable by a fine of not more than Five Hundred Dollars, or by imprison- ment in the City or County Jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a se- parate offense for each and every day during which such violation continues. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be summarily abated, as such, in any manner prescribed by law, by the City Attorney, upon direction of the City Manager. 1101. LABOR UPON PUBLIC WORKS. Persons confined under a final judgement of imprisonment for a violation or any of the provisions hereof may be required to perform labor on the streets or other public property or works with the City. The phrase, streets or other public property or works within the City," as used in this Section shall include, among other things, clerical and menial labor in any camp, or other place, maintained for such persons, The City Manager may prescribe and enforce rules and regulations under which such labor is to be performed; and may provide clothing of such dis- tinctive character for such persons as he, in his discretion, may deem proper. 1102. ENFORCEMENT OF CODE. CITATION PROCEDURE. a) Any officer arresting any person for a violation of any provision of this Code, who does not immediately take such arrested person before a magi- strate, as prescribed in the Penal Code of the State of California, shall pre- pare a written Notice to Appear in Court. The Notice shall contain: 1) the name and address of the person arrested; 2) the offense charged, the time and place of such alleged violation; and 3) where and when such arrested person shall appear in Court. The time specified in the Notice to Appear must be at least five 5) days after such arrest. The place specified in the Notice to Appear, and said BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE äNotice, shall be in conformity with all applicable provisions of the Penal Code of the State of California. b) The arresting officer shall deliver one 1) copy of the Notice to Appear to the alleged violator; the alleged violator, in order to secure his immediate release, must give his written promise to so appear in court at the time and place indicated thereon, by signing the duplicate Notice which shall be retained by the officer. Thereafter, the arresting officer shall forthwith release from custody the person so arrested. The duplicate copy of the Notice to Appear shall be filed in the manner prescribed in said Penal Code of the State of California. 1103. FAILURE TO APPEAR. Any person who willfully violates his written promise to appear 1n court by failing to so appear at the time and place stated, shall be deemed guilty of a misdemeanor, regardless of the disposition of the charge upon which he was originally arrested. 1104. SAME. ISSUANCE OF WARRANT. When a person signs a written promise to appear at the time and place specified therein, and has not posted bail as provided in said Penal Code of the State of California, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty 20) days after such person has failed to appear as promised, or if such per- son promises to appear before an officer authorized to accept bail, other than a magistrate, and fails to do so on or before the date with which he promised to appear, then within twenty 20) days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense, such magistrate shall issue and have delivered for execution, a warrant for his arrest. When such person violates his promise to appear be- fore an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer, 1105. ENFORCEMENT. Unless otherwise directed herein, the duty of en- forcing the provisions of this Code, shall be the responsibility of the City Manager. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE ORD 691x ôÎÁE änotice is directed. Service of such notice shall be deemed to have been com- pleted at the time of deposit thereof in the said Postal Service, or at the time of personal service. 1208. DEFINITIONS: a) Cash Deposit. Wherever this Code requires a cash deposit for any purpose, a valid and sufficient corporate surety bond may be deposited in lieu thereof, if approved by the City Manager. b) City shall mean the City of Baldwin Park. c) City Manager shall mean the duly appointed and acting City Manager Of the City. d) Council shall mean the City Council of this City. e) County shall mean the County of Los Angeles. f) Fire Chief shall mean the Fire Chief of the City or his authorized deputy. g) Gender. The masculine gender includes the feminine and neuter. h) Oath shall include affirmation. i) Office" The use of the title of any officer or employee of the City shall mean the then holder of such office. J) Owner as applied to a building, land, or personal property, shall mean any part owner, joint owner, tenant, of the whole or a part thereof. k) Person as used in this Code or in any uniform code adopted hereby, includes any person, firm. association, organization, partnership, business trust company or corporation, and any municipal, political or governmental corporation, district, body or agency, other than the City. 1) Shall and May. Shall is mandatory and may is permissive. m) State shall mean the State of California. n) Tenant or pccupam, as applied to a bui1^';<i9 r n^, sr.,i1i include any person who occupies the whole or part of such buldimc" or land, whether alone or with others, or a person who is entitled to such occupancy. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEäARTICLE II ADMINISTRATION CHAPTER 1 CITY COUNCIL 2000. COUNCIL MEETINGS. There shall be two regular meetings of the City Council during each calendar month. Such meetings shall be held at the hour of 7:30 p.m. on the 1st and 3rd Wednesday of each calendar month. 2001. COUNCIL REORGANIZATION. The Council shall reorganize and select one of its number as Mayor, and one as Mayor Pro Tempore, on the following occasions: a) In even numbered years, when designated by applicable provisions of the Government Code; and b) In odd numbered years at the first regular meeting held during the month of March; or c) At such other times as a majority of the Council shall so order. 2002. COUNCIL MEETINGS. The Council Chambers in the City Hall. located at 14403 East Pacific Avenue, within the City, is hereby designated as the official meeting place of the City Council. 2003. COUNCILMANIC SALARIES. The salary of each member of the City Council shall be in the sum of $200.00 per calendar month. 2004. OFFICIAL SEAL. There is hereby adopted as the official seat of the City that certain impression and engraving, which is generally described as follows: A die of 2^ inches in diameter and circular in shape. On the surface of die at the top thereof there shall be engraveo the words, Baldwin Park. California." Then at the bottom shall be engraved the words, Incorporated January 25, 1956." In the center of the said circle there shall be the hub of a wheel, and superimposed on the wheel shall be the words Hub of the San Gabriel Valley." 2005. CUSTODY OF SEAL. The City Clerk shall have and maintain custody of the official seal of the City. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEäARTICLE II ADMINISTRATION CHAPTER 2 CITY CLERK. CITY TREASURER 2100. DUTIES. The duties of the City Clerk and City Treasurer shall be those established by applicable law. and such other duties, consistent there- with, as may be assigned to such positions by the City Council, 2101. COMPENSATION. The City Council shall, by resolution, from time to time, establish the compensation for the positions of City Clerk and City Treasurer. 2102. EXPENSES. Subject to the approval of the City Council, the City Clerk and City Treasurer shall be entitled to advances and/or reimbursement for expenditures actually made or incurred, or, required to be made, in the respective performance of their official duties. 2103. DEPUTIES. Both the City Clerk and the City Treasurer shall have the authority to appoint deputies to assist in the performance of their re- spective duties; compensation, if any, for such positions shall be established by the City Council. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEäARTICLE II ADMINISTRATION Chapter 2.5 COMMUNITY REDEVELOPMENT AGENCY 2150. COMMUNITY REDEVELOPMENT AGENCY. That, there being a need for a redevelopment agency to function in the City, a Community Redevelopment Agency be, the same hereby is, created in and for the City of Baldwin Park. The City Council of the City of Baldwin Park does hereby, pursuant to the Community Redevelopment Law of the State of California, declare itself to be the said Community Redevelopment Agency. The said City Council, when acting as said Agency, shall be vested with all of the rights, powers, duties, privileges and immunities, incident thereto, except that no member of the City Council shall receive any compensation, as such, for serving as a member of said Agency. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEäARTICLE II ADMINISTRATION CHAPTER 3 OTHER OFFICERS AND EMPLOYEES PART A CLASSIFIED AND UNCLASSIFIED SERVICE 2200- CREATION AND PURPOSE OF PERSONNEL SYSTEM. The purpose of the Personnel System, hereby created, is to:(1) establish an equitable and uniform procedure for attracting to the said system the best and most com- petent persons available; and 2) assure that appointments and promotions of employees in the said system will be based on merit and fitness as determined by competitive tests; and 3) provide a reasonable degree of security for em- ployees in the said system; and 4) insure to the City a staff of loyal, quali- fied, and competent employees. 2201. STATUS OF OFFICERS AND EMPLOYEES. The City Council shall adopt, by resolution, a Classification Plan prepared by the City Manager for aF. posi- tions in the Classified and Unclassified Service pursuant to this Section. All officers and employees of the City shall be included in one of the categories hereinafter specified in this Section: a) Elective Officers of the City. The elective officers of the City shall be the following: 1) Each member of the City Council; 2) City Clerk; 3) City Treasurer. b) Classified Service Employees. Except as otherwise expressly pro- vided in this Section, all full time officers and employees of the City shall be deemed, for all purposes, to be included within the City's Personnel System, and such persons shall be referred to as employees in the Classified Service." AH employment rights and duties of employees in the Classified Service shall be subject to the provisions of this Chapter and of the Personnel Rules and Regulations of the City. c) Unclassified Service Employees. The persons now, or hereafter, holding any of the following positions shall be deemed to be included within the Unclassified Service of the City. Unclassified Service employees shall not be subject to the provisions of this Chapter with reference to the City's Per- sonnel System; nor shall such Unclassified Service employees be subject to, or governed by, the provisions of the City's Personnel Rules and Regulations. Appointments to, and dismissals from, positions in the Unclassified Service shall be governed, exclusively, by the provisions of this Section. 1) City Council Appointees. Persons holding any of the positions enumerated in this Subparagraph shall be appointed by, and serve at the pleasure of, the City Council. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEä2201. Continued) a. Any person employed by the City as an independent contrac- tor for the purpose of performing a specific function or service; b. All persons serving on any City commission, committee, or board; c. The City Manager; d. The Fire Chief; e. The City Attorney; f. Administrative Aide; g. Assistant City Manager; h. Director of Commercial and Industrial Development; i. Director of Finance; j. Director of Planning; k. Director of Public Works; 1. Director of Recreation and Parks; m. Police Chief. Any action taken by the City Council in the appointment of or dismissal of any person with reference to a position referred to in this Subparagraph, shall not be effective unless such action is concurred in by not less than three 3) members of said City Council. 2) City Manager Appointees. Persons holding any of the following positions shall be appointed by. and serve at the pleasure of, the City Manager. a. All part-time employees; b. All temporary employees; c. Any position which is funded, in whole or in part, by a State or Federal grant. d) Salaries. Salaries and fringe benefits for each position referred to in this Section shall be established by the City Council. e) New Positions. The City Council may» as recommended by the City Manager, create new positions in City employment. Any such new full-time position shall be deemed to be in the Classified Service, unless the City Council otherwise directs. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEä2202. ADOPTION OF RULES, personnel Rules, as recommended by the City Manager, subject to the provisions of this Chapter, shall be submitted for approval to the City Council hereafter Rules")'- Said Rules shall establish specific procedures and regulations governing the phases of the Personnel System. Said Rules may be amended from time to time, by the City Council, as may be required. 2203. APPOINTMENT TO AND REMOVAL FROM SYSTEM. Persons shall be appointed to, and removed from, positions in the Classified Service in the time and manner provided in said Rules. 2204. COUNCIL NOT TO INTERFERE WITH APPOINTMENTS OR REMOVALS. Nei ther the City Council, nor any of its members, shall direct or request the appoint- ment of any person to, or his removal from, office by the City Manager, or in any manner take part in the appointment or removal of officers and employees in the service of the City, except as specified in this Chapter. Except for the purpose of inquiry, the Council and its members shall deal with city em- ployees solely through the City Manager. 2205. REDUCTION IN FORCE. a) Purpose. The purpose of the provisions of this Section is to establish an equitable and reasonable procedure for the lay-off of employees of the City for economy purposes. b) Definitions. For the purpose of this Section, unless the context dearly othervd se requi res. the enumerated words and phrases shall be defined as follows: 1) Position shall mean a position of employment in the Classified Service, as defined in Section 2201 of this Code. 2) Length of Service shall mean the total number of years of an employee's employment by the City, including such time spent in a pro- bationary, provisional or leave status by any such employee. 3) Family of Positions shall mean a group of related positions which have been designated as such by resolution of the City Council, as recommended by the City Manager. As a part of such designation, each position in each such family shall be ranked for the purpose of establishing a line of lesser positions for the purpose of the demotion process, where such is ordered to effect a reduction in force. W Employee shall mean any full-time employee of the City. 5) Notice. Where notice is required pursuant to this Section, BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEä2205. Continued) it shall be in written form, and given by personi`ͺuvice or by depositing the same in the custody of the United States Postal Service, postaGo`έbpaid, addressed to the person to be notified at his last known address. Such notice shallh%ž»bemed, for a11 purposes, to have been given as of the time of personal service, or, as of¦Ø-Ûÿsime of its deposit in the custody of the United States Postal Service. 6) Demotion shaæbÓºfn the denotion of an employee to a lesser position included within the same family of posÐ7ѱt, occasioned by a reduction in force. 7) Lesser Position shall mean a position having ëÄ/Û¬ter ranking than one or more other positions in a family of positions. c) Reduction in Ì‹1ݺ) Whenever the City Council determines, in its discretion, that for reas3ns of economy, a $!˼sion in the pumber of em- ployees of the City is required, the City Manager shall proceed ƒ¯;Öÿtuch a reduction in force by demotion ang/or termination in accordance with the pro visioàbѹ'this Section. d) Demotion. 1) Demotion. Family of Positions. Where reduction in for™Èf×±qolves a position that is included within a family of positions, each employee holding sucîÌ3Ѭntion shall be ranked, based upon his length of service with the City. The employee holdiäÃ^ͪdh position having a lesser length of service shall be demoted to the next lower position é 6Ö¶i the said family of posi- tions. The City Manager shall give written nowice of such demotãÓ+³Õso each employee to be demoted', such order of demotion shall be effective on the 30th dayªÝ#ʺu the giving of such notice. If within ten 10) days after the giving of such notice, an emR/Ǻb files with the City Manager a written statement declining such demotion, that employee'“Û$Ó¯koyment with the City shall be ter- minated effective on the 30th day after the giving of ù-Öÿiotice. Any employee who is demoted pursuant hereto, shall not be subject to further demotion, by a subpequent reduction in force order, for a period of one 1) year after the effective date of such order of demotion. 2) Request for Reassignment. An employee proposed to be demoted pursuant to subsection d) 1) may request, subject to the approval of the City Manager, a reassignment to a lesser position in the said family of positions. 3) Demotion. Positions Not Included Within a Family of Positions.Where an ordered reduction in force involves a position which is not included within a family of posjtions, if BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEä23BIT5. Continued) only one employee holds such position, he shall be ter- minated from the City's employment, effective on the 30th day after cr,t. v*ng of notic^ of such termination by the City Manager. If more than one employee holds such a position, all employees holding the said position shall be ranked based upon their length of service with the City; an order of termination shall be given as to the employee or employees having the lesser lengths of service in said position. 4) Salary Determj nation. An employee affected by subparagraph d) shall be placed in the salary range of the position and the step closest to the salary held in the former position but not in excess thereof. e) Subsequent Demotion or Termination. Where one or more employees have been demoted from a position within a family of positions, by reason of an ordered reduction in force, other employees holding the lesser positions in such family shall be subject to the same demotion process, upon direction of the City Manager in the time and manner as set forth in Section d) hereof. Where an employee holding a position, which is ranked last in a family of positions, is pre-empted such position by reason of the said demotion process, he shall, upon the 30th day after the giving of notice thereof, be terminated from the City's service. f) Re-employment List. An employee who is demoted to a lesser position or who is terminated by reason of a reduction in force, accomplished pursuant to this Section, shall, automatically, have his name placed on a re-employment list for the position which he formerly held. The ranking of names upon such re-employment list shall be in accordance with the employee's length of ser- vice with the City in that position. Such re-employment list shall have priority for a period of 1 year over any other eligibility list for such affected position. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEäPART B CONDITIONS OF EMPLOYMENT 2250. BASIC SALARY PLAN. The City Council shall adopt, by resolution. a basic salary plan for all officers and employees of the City. Such salary plan may, from time to time, be amended as required by the public interest. 2251. HOLIDAYS. Holidays for all City officers and employees shall be those designated by resolution of the City Council. 2252. DISCRIMINATION. No person in employ of the City or seeking ad- mission thereto, shall be employed, promoted, demoted or discharged, or in any way favored or discriminated against because of political opinions or affiliations, race, color, religious belief, age or sex. 2253. RETIREMENT. A contract is hereby authorized between the City and the Board of Mffi^nlstrati on of the Public Employees' Retirement System, pro- viding retirement benefits for officers and employees of the City. 2254. SENCE BECAUSE OF^J?RY.^ NotwTthstandin hereof, or any other rule or regulation, the absence of any officer or em- ployee from his position, caused by injury or disease for which he is entitled to compensation pursuant to Section 3201 et seg._of the Labor Cgde of the State of Califiorniat shall not constitute a break In sucTTpersorTs continuous service for the purpose of salary adjustments, sick leave, vacation leave or seniority rights. 2255. REIMBURSEMENT FOR DAMAGE TO PROPERTY. Any officer or employee who suffers damage to his personal property while in the scope of his employment, shall be reimbursed for said damage upon certification by the City Manager that such damage occurred in the course of his employ, and that the amount claimed is reasonable. Upon approval of such item by the City Manager, a warrant in that amount, payable to the employee suffering the damage, shall be submitted to the City Council for approval at its next regular Council meeting. 2256. POLITICAL ACTIVITIES. No person, other than elective officers, while in the employ of the City, in any capacity, shall engage in any poli- tical activity during such time as such person is on duty. Any person des- cribed in subparagraphs b) or c) of Section 2201 hereof, who files, or permits the filing of, a nominating paper, placing his name in nomination for any elective office of the City. shall be deemed to have resigned, effective immediately, from his position of employment with the City. 2257. CONTRACT FOR SERVICES. The City Council shall have the authority to enter into contracts, with qualified persons, for the performance of any personnel function. 2258. APPROPRIATION OF FUNDS. The City Council shall, from time to time, appropriate such funds as it deems necessary to carry out the provisions of this Chapter. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEäPART C CITY MANAGER 2300. OFFICE OF CITY MANAGER. The office of City Manager of the City is hereby created and established. The holder of said office shall be appointed by the City Council solely on the basis of his executive and ad- ministrative qualifications, ability and previous governmental experience. 2301. ELIGIBILITY. No member of the City Council of the City shall be eligible for an appointment as City Manager during his term as such, nor within one 1) year after he has ceased to be a member of said Council. 2302. DUTIES. The City Manager shall be the administrative head and chief executive officer of the City government, under the immediate direction and con- trol of the City Council. He shall be responsible to the City Council for the efficient administration of affairs of the City. He shall: a) be responsible for the preparation and submission to the City Council of the annual City budget and its administration after its adoption; and b) prepare and submit to the City Council at the end of each fiscal year a comprehensive report of the financial and administrative activities of the City for the preceding year; and c) advise the City Council of the financial condition and future needs of the City; and d) prepare such administrative rules and regulations as he deems necessary or expedient for the general conduct of the administrative offices and all departments of the City; and e) be responsible Tor puulic relations and the clissemination of ir.Tor" mation to the citizens of the City; and f) attend all meetings of the City Council and such other Boards and Commissions as may be designated by the City Council; and g) be responsible to see that all franchises, permits and privileges granted by the City Council are faithfully performed and all due conditions met and observed; and h) appoint and supervise competent, qualified officers and employees to the City's service pursuant to the provisions of this Chapter, and to dismiss, suspend and discipline such officers and employees in accordance with the provisons of said Chapter; to recommend to the City Council such reorgani- zation of departments or divisions as may be indicated in the interests of efficient, effective and economical conduct of the City's business, and to affect such reorganization when authorized by the City Council; and BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEäi) perform such other duties as may be required of him from time to time by the Wy Council. 2303. REMOVAL. The City Manager shall serve at the pleasure of the City Council, but he shall not be removed from office except: 1) at a regular, adjourned regular, or special meeting of the City Council; and 2) by a motion carried by not less than the affirmative votes of three 3) members of the City Council. In removing the City Manager, the City Council shall use its uncontrolled discretion, and its action shall be final and conclusive. 2304. COMPENSATION. The City Council shall, from time to time. establish the compensation to be paid to the City Manager, including, but not limited to, appropriate fringe benefits. 2305. ABSENCE OF CITY MANAGER. During such times as the City Manager is temporarily absent from the City, the Assistant City Manager shall be Acting City Manager. When both the City Manager and the Assistant City Manager are temporarily absent, the City Manager shall appoint a qualified employee of the City as Acting City Manager. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEäPART D CITY ATTORNEY 2350. CREATION. The part-time position of City Attorney for the City is hereby created. 2351. APPOINTMENT. The City Council shall appoint a qualified person to the position of City Attorney. No person shall be eligible for appointment thereto unless he has been admitted to the practice of law in the State for at least five 5) years. 2352. COMPENSATION. The compensation for the position of City Attorney shall be set, from time to time, by resolution of the City Council. 2353. DEPUTIES. SPECIAL COUNSEL. With the approval of the City Manager. the City Attorney may appoint qualified persons as deputies; compensation for such deputies, if any, shall be established by the City Council. With the approval of the City Council, special counsel may be appointed for special projects or matters in litigation. 2354. DUTIES. The City Attorney shall act as the legal advisor to all officers and employees of the City. 2355. REMOVAL. The City Attorney shall serve at the pleasure of the City Council, and may be removed, at any time, upon an affirmative vote of not less than three 3) members of the City Council. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEäPART E DIRECTOR OF FINANCE 2370. OFFICE ESTABLISHED. There is hereby created and established the office of Director of Finance. The office of Director of Finance may be com- bined by the City Manager, with the approval of the City Council, with any other office or position having duties which are not inconsistent therewith. 2371. POWERS AND DUTIES. The Director of Finance shall be the head of the Finance Department of the City, and, under the direction of the City Manager, shall: a) perform all the financial and accounting duties heretofore imposed upon the City Clerk, and the City Clerk shall be relieved of such duties, including all such duties imposed upon the City Clerk by Sections 40802 through 40805 of the Government Code of the State of California; and b) perform such other duties as may be imposed upon him by law or by this Code, or by the City Manager, or by the City Council. 2372. BOND. The Director of Finance shall execute a surety bond in an amount set by the City Council, the premium on which shall be paid by the City. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEäARTICLE II ADMINISTRATION CHAPTER 4 CITY COWISSIONS PART A MEMBERSHIP 2400. APPOINTMENT. Members of each City Commission shall be appointed, by resolution of the City Council, carried by the affirmative votes of not less than three 3) members of the City Council, except as expressly provided herein. 2401. SERVICE. Each member of a City Commission shall serve at the pleasure of the City Council. 2402. REMOVAL. Any member of any City Commission may be removed from such office, with or without cause, at any time, by the City Council. No such removal shall be effective unless a motion to that effect, made at a regular, adjourned regular, special or adjourned special meeting, is carried by not less than the affirmative votes of three 3) members of the said Council. 2403. MEETINGS. Except as herein expressly provided in this Code, each Commission shall establish the time and place of its regular meetings. All such meetings shall be conducted in accordance with the provisions of the Ralph M. Brown Act. Each Commission shall adopt rules for the transaction of its business and shall keep a record of Its proceedings, which shall be open for inspection by any member of the public. 2404. ABSENCE OF MEMBERS. Any member of any Commission who is absent. without cause, from three 3) successive regular meetings of such Commission, shall be deemed, automatically, to have vacated his office. An absence due to illness or an unavoidable absence from the City shall be deemed an excused absence, provided that notice thereof is given to the Secretary of the Commission by such member, on or before the day of any regu- lar meeting of the said Commission. 2405. ORGANIZATION. Each City Commission shall annually elect one of its members as Chairman and one of its members as Vice-chairman. Said elec- tion shall take place at the first Commission meeting in July of each year. 2406. VACANCIES. QUALIFICATION OF SUCCESSOR. Whenever a vacancy occurs on any City Commission, such vacancy shall be filled in the manner set forth in Section 2400 hereof. Where a vacancy occurs leaving an unexpired term, the subsequent appointment shall be made for the balance of such unexpired term. Except for the removal of a Commission member, as provided in Section 2402 hereof, or vacancy due to absence as provided In Section 2404'hereof, notwithstanding the expiration of the term of a Commission member, such mem- ber shall continue to serve as such, until his successor Is appointed and qualified, BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEä2407. COMPENSATION. Each member of a Commission shall be entitled to such compensation as may be set by the City Council. Such Commission members shall be entitled to reimbursement for expenses incurred in the performance of his official duties, if the same is approved, in advance, by the City Council. No Commission shall have any authority to expend, or authorize the expenditure of any public funds, except with the prior express approval of the City Council. 2408. TERMS. a) Expiration of Terms. The term of a Commission office shall expire on June 30 of the designated expiration year. b) Continuation in Office. Each member of a City Commission, holding such office, as of the effective date of this Chapter, shall continue in such office, for the term to which he was appointed; provided, that the provision^ of this Chapter shall control and govern such continuance in office. 2409. SECRETARY. The City Manager shall designate the Secretary of each such Commission.R^"sha11 provide appropriate clerical assistance for each Commission, and shall be responsible for the maintenance of all permanent records of each such Commission. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEäARTICLE II ADMINISTRATION CHAPTER 4 CITY COMMISSIONS PART B PLANNING COMMISSION 2410. PLANNING COMMISSION CREATED. A Planning Commission for the City is hereby created. 2411. MEMBERSHIP. The said Planning Commission of this City shall consist of a total of seven 7) members. 2412. TERMS. Each member of the Planning Commission shall serve for two 2) year terms, subject to the provisions of Part A hereof. 2413. DUTIES. Said City Planning Commission shall perform the duties required by applicable State law, and such other duties as may be ordered by the City Council. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEä ARTICLE II ADMINISTRATION CHAPTER 4 CITY COMMISSIONS PART C EMERGENCY SERVICES COMMISSION 2420. PURPOSE OF THIS PART. The purpose is to provide for the pre- paration and carrying out of plans for the protection of persons and property within the City in the event of a disaster, and to provide for the coordina- tion of the emergency services and disaster functions of the City with all other public agencies and affected private persons, corporations and organi- zations. 2421• DEFINITIONS. EMERGENCY SERVICES. As used in this Part. the term emergency services" shall mean preparation for and carrying out of all emergency functions, other than functions for which military forces are pri- marily responsible, to prevent, minimize, and repair injury and damages resulting from disasters. Disaster" as used in this Part, shall mean actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epi- demic, riot, earthquake or other similar public calamity. 2422. EMERGENCY SERVICES COMMISSION. a) Membership. The Emergency Services Commission is hereby created. It shall consist of the following: The Mayor, who shall be Chairman; the City Manager who shall act as the Director of Emergency Services, and Vice Chairman; the Police Chief, and five 5) other qualified persons. b) Powers and Duties. It shall be the duty of the Emergency Services Commission', and it is hereby empowered, to review and recommend for adoption by the City Council, emergency services and disaster plans, as are necessary to implement such plans and agreements. The Commission shall meet upon call of the Chairman or in his absence upon the call of the Vice Chairman. 2423. DIRECTOR OF EMERGENCY SERVICES. POWER AND DUTIES. The Director of Emergency Services Ts hereby empowered: a) to request the City Council to proclaim the existence or threatened existence of a disaster or an emergency and the termination thereof, if the City Council is in session, or to issue such proclamation if the City Council is not in session, subject to confirmation by the City Council at the earliest practicable time. b) to request, upon authorization of the City Council, if time permits the obtaining of such authorization, the Governor to proclaim a state of disaster or a state of extreme emergency when in the opinion of the Director the resources of the area or region are inadequate to cope with the disaster; c) to control and direct the effort of the emergency services and BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEädisaster organization of the City; d) to direct coordination and cooperation between divisions, services and staff of the emergency services and disaster organization of the City, and to resolve questions of authority and responsibility that may arise between them; e) to represent the emergency services and disaster organization of the City in all dealings with public or private agencies pertaining to emer- gency services and disaster, 2424. DIRECTOR OF EMERGENCY SERVICES. EMERGENCY POWERS. In the event of the proclamation of a disaster or emergency as herein provided, or the proclamation of a state of disaster or a state of extreme emergency by the Governor or the Director of the California Disaster Office, the Director is hereby empowered: a) to make and issue rules and regulations on matters reasonably re- lated to the protection of life and property as affected by such disaster; provided, however, such rules and regulations must be confirmed at the earli- est practicable time by the City Council. b) to obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property of the people and bind the City for the oayment of fair va1"p h^cof, and if rpq'rred im- mediately, tc conifht-nc'eef same for public u.^s c) to require emergency services of any City officer or employee and to command the aid of as many private persons as he deems necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by State law for registered emer- gency services and disaster service volunteers; d) to exercise all powers conferred upon him by any lawful authority, including, but not limited to, those set forth in Section 38791 et seq. of the Government Code. 2425. EMERGENCY SERVICES ORGANIZATION. a) Membership. All officers and employees of the City, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons who may by agreement or operation of law. including persons pressed into service under the provisions of this Part, be charged with duties Incident to the protection of life ard property in the City dur- ing such disaster, shall constitute the emergency services and disaster organization of the City. b) Organization, Duties and Functions. The organization, duties and functions of the City emergency services and disaster organization, its BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE ärelationship with the American National Red Cross, and the order of emergency succession to the position of Director of Emergency Services shall be as set forth in the current emergency services and disaster emergency operations plan of the City. Insofar as possible, the form or organization, titles and term- inology shall conform to the recommendations of the emergency services and disaster agencies of the Federal Government and the State of California. 2426. PUNISHMENT OF VIOLATIONS. No person shall: a) willfully obstruct, hinder or delay any member of the emergency services and disaster organization in the enforcement of any lawful rule or regulation issued pursuant to this Part, or in the performance of any duty imposed upon him by virtue of this Part. b) do any act forbidden by any lawful rules or regulations issued pursuant to this Part, if such act is of such a nature as to give or be likely to give assistance to the energy, or to imperil the lives or property of inhabi- tants of the City, oi* to prevent, hinder, or delay the defense or protection thereof; c) wear, carry or display without authority, any means of identifica- tion specified by the emergency services and disaster agency of the State. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE!äARTICLE II ADMINISTRATION CHAPTER 4 CITY COMMISSIONS PART D RECREATION AND PARKS COMMISSION 2430. RECREATION AND PARKS COMMISSION ESTABLISHED. The Recreation and Parks Commission of the City Is hereby created. 2431. MEMBERSHIP. The Recreation and Parks Commission of the City hall consist of seven 7) persons, five 5) of whom shall be qualified electors of the City at the time of their appointments, and at alt times during their terms, who^shall hold Offices 1 through 5, inclusive. The other two 2) members shall hold Offices 6 and 7, and 1) shall be over the age of 16 years, and less than 19 years of age, during their terms of office; 2) one such member shall be a student at Baldwin Park High School, the other such member shall be a student at Sierra Vista High School, at the time of their respective appointments; and 3) no person shall be appointed to Offices 6 or 7 unless the Principal of his high school has certified to his eligibility for such appointment, which certification shall only be made after an appropriate selection process has been observed, involving as a part thereof, the wishes of the student body of each high school as to appropriate candidates. 2432. TERMS. The term of office for members of the Recreation and Parks Commission shall be. as to Offices 1 through 5, inclusive, for a period of two 2) years; the terms of office for Offices 6 and 7, shall be for a period of one 1) year, subject to the provisions of Part A hereof. 2433. DUTIES. The Recreation and Parks Commission shall perform the following duties: a) act in an advisory capacity to the City Council in all matters per- taining to parks and public recreation, including playgrounds, parks, stables, bridle trails and beautifications; b) act in an advisory capacity to the City Council with respect to the development of recreation in the City, stimulate public interest in recrea- tional programs and cooperate with schools located In the City for summer recreation and swimming pool programs and all other agencies relating to se- curing and developing an adequate recreational program; c) act in an advisory capacity to the City Council with respect to the acquisition, development and maintenance of park and recreation facilities in BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE"ä433. Continued) In the City; d) exercise such other powers and duties as may be assigned by order of the City Council. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE#äARTICLE II ADMINISTRATION CHAPTER 4 CITY COMMISSIONS PART E PERSONNEL COMMISSION 2450. PERSONNEL COMMISSION. There is hereby created a Personnel Com- mission for the City of Baldwin Park. 2451. MEMBERSHIP. Membership of said Personnel Commission shall consist of five 5) persons, who shall be appointed as follows: 1) Two members, holding Personnel Commission offices number 1 and 2, shall be appointed by a majority of the total membership of the City Council; 2) Two members, holding Personnel Commission offices number 3 and 4 shall be appointed by a majority of members of the Baldwin Park Employees' Association; and 3) A member holding Personnel Commission office number 5 shall be appointed by the four 4) members so appointed, Said members shall be appointed and serve for terms of four 4) years each, except as provided in Section 2452 hereof. 2452. REMOVAL. VACANCIES. Subject to the provisions of Part A and the provisions hereof, any member of the Commission, once appointed, may be re- moved at any time. with or without cause, by a majority vote of the total membership of the City Council, provided that vacancies on the Commission shall be filled in the manner set forth in Section 2451 hereof. 2453. MEETINGS. The Commission shall meet upon noticed call of the Chairman. Its meetTngs shall be held in the Council Chambers of the City Hall of the City of Baldwin Park. 2454. DUTIES OF THE PERSONNEL COMMISSION. The Personnel Commission shall perform the following duties: a) Hear appeals from decisions of the City Manager as set forth in the City's Personnel Rules and Regulations; and b) Such other duties as the Council shall, from time to time, require. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE$äARTICLE II ADMINISTRATION CHAPTER 4.5 WORKMEN"S COMPENSATION COVERAGE 2460. Administration of Workmen's Compensation Benefits. The City Manager of the City of Baldwin Park is hereby charged with the administra- tion of the City's Workmen's Compensation program, and the Industrial Disability Fund, hereinafter fund"). The City Manager shall be empowered to take all steps reasonably necessary to insure the prompt, expeditious, and fair handling and processing of all claims filed by officers and employees of the City with respect to Workmen's Compensation benefits. 2461. Processing of Claims for Workmen's Compensation Benefits. The City Manager shall establish rules and regulations, including appropri- ate forms, for processing claims of employees of the City, with regard to Workmen's Compensation benefits. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE%äARTICLE II ADMINISTRATION CHAPTER 5 FISCAL AFFAIRS 2500. FISCAL YEAR. The fiscal year of the City shall begin on the first day of July of each calendar year and shall end on the thirtieth day of June of the following year. 2501. ANNUAL BUDGET. SUBMISSION TO CITY COUNCIL. a) Preparation of Budget. Prior to the beginning of each fiscal year, the City Manager shall prepare a proposed annual budget, covering expected in- come and all proposed expenditures of City for the forthcoming fiscal year. b) Submission of Budget to City Councils Not less than forty-five 45) days prior to the commencement of each fiscal year, the City Manager shall transmit copies of the proposed budget, and his budget message to the City Council. In addition, three 3) copies of the proposed budget, and the City Manager's budget message, shall be on file in the office of the City Clerk, available for examination by members of the general public, c) Budget Hearings. Upon submission of the budget, the City Council shall conduct a public hearing upon the adoption of such budget, which hearing shall be held at the first regular meeting of the City Council in the month of June of each year. Notice shall be given of such public hearing in such manner as the City Council deems appropriate to give reasonable notice thereof, to the residents of the City. At the time of such public hearing, the City Council shall consider evidence presented by any interested person concerning any or all of the items as contained in the proposed budget. Upon conclusion of the said public hearing, the City Council shall make such alterations, deletions or additions to the budget as proposed, as it finds to be in the public interest, and thereafter, it shall approve the budget as revised. d) Approval of Budget. Such approval shall take place prior to the com- mencement of the fiscal year to which such budget relates. Upon its adoption, by the affirmative votes of at least three 3) members of the City Council, the budget shall be in effect for the ensuing fiscal year. The budget as approved shall be filed with the City Clerk, shall be reproduced and copies made avail- able for the use of the public and of departments, officers and agencies of the City. e) Amendment of Budget. At any meeting after the adoption of the budget, the City Council may amend or supplement the budget, by motion, adopted by the affirmative votes of at least three 3) members of the City Council. 2503. BUDGET APPROPRIATIONS. From and after the effective date of the adoption of a budget, the several amounts stated therein as proposed expendi- tures, shall be deemed appropriated to the several departments, offices and agencies for the respective objects and purposes therein stated. All BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE&äappropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. 2504. CITY FUNDS. The City Council, shall, by resolution, establish such funds as it deems required. 2505. CLAIMS AND WARRANTS. Claims, demands and warrants shall be pro- cessed in the time, form and manner as approved by the City Council, consis- tent with applicable laws. 2506. AUDITS. Upon recommendation of the City Manager, the City Council shall obtain the services of a qualified person or firm to conduct periodic audits of all of the City's financial books and records, if it finds the public interest so requires. 2507. FEES. The City Manager shall recommend to the City Council all fees to be charged for investigations, use of public buildings and city prop- erty, services provided by city employees, filings, processings, recordations, citations, and other appropriate charges levied by the City. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE'äARTICLE II ADMINISTRATION CHAPTER 6 CITY PROPERTY 2600. RESPONSIBILITY FOR CITY PROPERTY. The City Manager shall be re- sponsible to the City Council for all real and personal property of the City. He shall, from time to time, conduct inventories thereof, and report the same to the City Council. 2601. USE OF PERSONAL PROPERTY. No person shall use any item of personal property of the City for any purpose, other than in the conduct of authorized City business. 2602. USE OF REAL PROPERTY. Except as hereinafter provided, no person shall use any real property belonging to the City for any purpose other than in the conduct of City business. The City Manager shall establish appropriate rules and regulations for the use of public buildings and grounds by persons for private and/or semi-public purposes, which said rules and regulations shall not take effect until approved by the City Council. This Section shall not be deemed to prohibit the lease, sale or disposal of City property, if accomplished in accordance with applicable law. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE(äARTICLE II ADMINISTRATION CHAPTER 7 LOST OR UNCLAIMED PROPERTY 2700. LOST OR UNCLAIMED PROPERTY. CUSTODY. All lost, abandoned or unclaimed personal property coming into the possession of the City or any officer or employee thereof shall immediately be turned over to the custody of the Chief of Police. Such personal property shall be held by him for a period of at least six months unless sooner claimed and restored. 2701. CLAIMING PROPERTY. If, at any time prior to the sale or destruc- tion thereof, as hereinafter provided, any such property is claimed by any person who establishes his right to the possession thereof to the satisfaction of the Police Chief, such personal property shall be delivered to such person, provided, said person shall first pay to the City the reasonable cost of hold- ing, protecting and returning said property. 2702. SALE AT PUBLIC AUCTION. Except as otherwise provided by law, if any such property shall remain unclaimed and unrestored for at least six months, said property shall be sold at public auction to the highest bidder at such time or times as the Police Chief shall determine. Such auction shall be conducted by the Police Chief. Such property may be sold separately or in such lot or lots as the Police Chief may determine. The purchasers at such auction sale shall take a dear title to the property purchased free of any right of redemp- tion. Notwithstanding the provisions hereof, where such unclaimed property can be utilized by the City, upon the direction of the City Manager, such property may be devoted to such use. 2703. NOTICE OF AUCTION SALE. Notice of each such auction shall be given by the City Clerk at least five days, and not more than twenty days, prior to the time fixed for such auction. The notice to be given shall be by publica- tion in a newspaper of general circulation and by such other means as the Clerk deems necessary to give adequate notice of such auction. 2704. DjSTRUCTION OF PROPERTY. If any such property shall be so offered for sale at such public auction as herein provided, and shall not be sold, such property shall be destroyed or otherwise disposed of, by the Police Chief, with the approval if the City Manager. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE)äARTICLE II ADMINISTRATION CHAPTER 8 PURCHASING 2800. ADOPTION OF PURCHASING SYSTEM. In order to establish efficient procedures for the purchase of supplies and equipment, to secure for the City supplies and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly de- fine authority for the purchasing function and to assure the quality of pur- chases, a purchasing system is hereby adopted. The City Manager is hereby designated as the Purchasing Officer. 2801. EXEMPTIONS FROM CENTRALIZED PURCHASING. The Purchasing Officer may authorize, in writing, the purchase of specified supplies and equipment independently by City departments, but he shall require that such purchases or contracts shall be made in conformity with the procedures established by this Code, and may further require periodic reports on the purchases and contracts made under such written authorizations. 2802. REQUISITIONS, Using departments shall submit requests for supplies and equipment to the Purchasing Officer by standard requisition forms. 2803. BIDDING. EXCEPTIONS. Purchases of supplies and equipment for City use shall be made and accomplished in conformity with Section 2806 and 2807 hereof, except: a) When an emergency as determined by the City Manager is deemed to require that an order be placed with the nearest available source of supply; or b) When the supplies and equipment needed can be obtained from one source only; or c) When the City Council by a four-fifths 4/5) vote determines to dispense with such bidding and other procedures required by said above men- tioned sections in any individual instance upon a finding by the Council that it would be impractical, useless, or uneconomical in such instance to follow said procedures, and that the welfare of the public would be promoted by dispensing with the same; or d) When the amount of said purchase involved is Twenty-Five Hundred Dollars $2500.00) or less. 2804. PURCHASE ORDERS. Purchases of supplies and equipment shall be made only by purchase order. 2805. ENCUMBRANCE OF FUNDS. Except in cases of emergency as determined by the City Manager, the Purchasing Officer shall not issue any purchase BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE*äorder for supplies or equipment unless there exists an unencumbered appro- priation in the fund account against which said purchase is to be charged. 2806. FORMAL CONTRACT PROCEDURE. Except as otherwise provided herein, purchases and contracts for supplies and equipment of an estimated value greater than $2500.00 which do not constitute a public project as defined by Section 37901 of the Government Code. shall be by written contract with the lowest responsible bidder pursuant to the procedure prescribed herein. a) Notice Inviting Bids. Notices inviting bids shall include a general description of the articles to be purchased, shall state where bid blanks and specifications may be secured, and the time and place for opening bids. The Purchasing Officer shall publicize each notice inviting bids in such manner as is calculated to advise all prospective bidders thereof. b) Bidders' Security. When deemed necessary by the Purchasing Officer, bidders' security may be prescribed in the public notices inviting bids. Such security shall be returned upon rejection of a bid; provided that, the success- ful bidder shall forfeit his bid security upon his refusal or failure to exe- cute the contract within ten 10) days after the notice of award of contract has been mailed, unless the City is responsible for the delay. The City Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the City Council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. c) Bid Opening Procedure. Sealed bids shall be submitted to the City Clerk's Office and shall be Identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection. d) Award of Contracts. Contracts shall be awarded to the lowest re- sponsible bidder, except as otherwise provided herein. e) Rejection of Bids. In its discretion, the City Council may reject all bids presented and re-advertise for bids. f) Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of re-advertising for bids. the City Council may accept the one it chooses or accept the lowest bid made by negotiation with the tie bidders. g) Performance Bonds. The City Council shall have authority to require BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE+äa performance bond before entering a contract in such amount as it shall find reasonably necessary to protect the best interests of the City. If the City Council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. 2807. OPEN MARKET PROCEDURE. Purchases of supplies and equipment of an estimated value in the amount of $2500.00 or less may be made by the purchasing officer in the open market without observing the procedure prescribed by Section 2806 hereof. The open market procedure to be utilized pursuant to this Section shall be set forth in an administrative regulation approved by the City Council. a) Number of Bids. Open market purchases shall, wherever possible, be based on at least three bids, and shall be awarded to the lowest responsible bidder in accordance with appropriate administrative rules. b) Notice Inviting Bids. The Purchasing Officer shall solicit bids from prospective vendors. 2808. INSPECTION AND TESTING.... The Purchasing Officer shall inspect supplies and equipment delivered to determine their conformance with the specifications set forth in the order or contract. The Purchasing Officer shall have authority to require chemical and physical tests of samples sub- mitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. 2809. BIDDING PROCEDURE PRESCRIBED. Whenever bids are required by law or by this Code for the letting of contracts, the doing of work or the fur- nishing of supplies, equipment or materials, all of the steps, acts and pro- ceedings required by law or by this Code shall be fully complied with, and in particular and supplementary to the said acts, the procedure herein set forth in this Section regulating the notices inviting bids, the publication and posting of said notices, and the opening of said bids, shall be followed. a) Notice. Contents. The notice inviting bids shall set a date for the opening of bids'!All such notices, whether mailed, published, or posted, shall state the date, the hour, and the place at which the bids called for are to be opened and shall also state the date, the hour. and the place of the Council meeting at which the City Council intends to take action on said bids. b) Bids. Opening. All bids shall be returnable to the City Clerk and at the hour and date stated in the notice. All bids shall be publicly opened and declared. From and after the time of their opening, the City Clerk shall, upon request of any interested party, permit examination of such bids. c) Bids. Awarding. After opening of such bids, the City Council shall proceed in accordance with applicable provisions of law or this Code either to award the bid and to let the contract therein referred to, or to take such other action as may be authorized by law. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE,ä2810. JOINT PURCHASING AGREEMENTS. Whenever the Council finds that the public interest and convenience require, it may enter into joint purchasing agreements for the acquisition of city supplies and equipment, with any other public agency, provided that such agreements are authorized by the laws of the State of California. The provisions of this Chapter shall not apply to purchases made under such an agreement. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE-äARTICLE II ADMINISTRATION CHAPTER 9 APPEALS 2900. APPEALS. A standard appeal procedure is hereby established for those parts of this Code which specifically permit an appeal to the City Council from the decision of a City officer or employee. This Chapter shall not apply to those parts of this Code that specifically provide for an alternative appeal procedure. 2901. APPEAL PERIOD. An appeal must be filed with the City Clerk with- in ten 10) consecutive calendar days after the written notice of decision is deposited in course of transmission with the United States Postal Service. 2902. CONTENTS. An appeal shall be in writing, and shall state therein the basis for such appeal. 2903. FEE. A filing and processing fee in an amount as set by resolu- tion of the City Council shall be paid to the Finance Director contemporaneously with the filing of an appeal. 2904. HEARING. Upon receipt of a written appeal and proof of payment of the required fee, the City Clerk shall set the matter on the Council agenda for consideration by the City Council at its next regularly scheduled meeting, and give the appealing party and any other person requesting the same, at least five 5) consecutive calendar days written notice of the time and place of such hearing. 2905. COUNCIL ACTION. At the time and place for the de novo hearing upon said appeal, the City Council shall qive any person interested in such matter a reasonable opportunity to be heard. The burden of proof in said appeal shall be on the appealing party to show that the appealed decision was arbitrary, unreasonable, or not in conformity with the provisions of this Code. The determination of the City Council shall be in accordance with the standards set forth in this Code relating to the subject of such appeal. The decision of the City Council shall be final and conclusive. 2906. NOTICE OF ACTION. The City Clerk shall give written notice of the City Council's action, within five 5) days, to the appealing party, and any other person requesting the same. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE.äARTICLE III PUBLIC HEALTH & SAFETY CHAPTER 1 PUBLIC HEALTH CODE 3000. ADOPTION OF PUBLIC HEALTH CODE OF THE COUNTY OF LOS ANGELES". The Public Health Code of the County of Los Angeles", the same being Ordinance No. 7583, of said County, as amended through and including June 30. 1974, is hereby adopted as the public health code of the City of Baldwin Park hereafter referred to as Health Code"). Three copies of the said Health Code are on file in She office of the City Clerk of the City. wherever said Health Code uses the following words or phrases, they, respectively, shall mean: 1) County or County of Los Angeles, the City of Baldwin Park; and 2) Health Officer or County Health Officer, the Health Officer of the City. BALDWIN PARK MUNICIPAL CODh BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE/äARTICLE III PUBLIC HEALTH & SAFETY CHAPTER 2 ADOPTION OF FIRE CODE 3010. ADOPTION OF A FIRE CODE FOR THE CITY. There is hereby adopted by the City Council of the City, for the purpose of establishing regulations governing conditions hazardous to life and property from fire or explosion, that certain ordinance of the County of Los Angeles, No. 2947, as amended through and including, December 31, 1971. Said ordinance adopts by reference that certain Code, known as the Uniform Fire Code', May 1967 Edition here- after Fire Code') compiled by the California Fire Chiefs Association, the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, and the secondary codes referred to therein. The said ordinance. Fire Code and secondary codes referred to therein, has been hereto filed, in triplicate, in the office of the Clerk of the City. 3011. DEFINITIONS. a) Whenever the words jurisdictional area" or County' or County of Los Angeles' are used in the Fire Code, they shall mean the City. b) Whenever the words Chief of the Fire Department' or Chief of the Bureau of Fire Prevention' or any inspector thereof are used in the Fire Code, they shall mean the Fire Chief of the City. c) Whenever the words Building Official' are used in said Fire Code, they shall mean the Director of Public Works of the City. d) Whenever the words Building Code' or Electrical Code' are used in said Fire Code they shall mean the duly enacted building regulations of City, as contained in this Code. e) Whenever the words Municipal Administrator' or Administrator' are used in said Fire Code they shall mean the City Manager of the City. f) Whenever the words Executive Body' are used in said Fire Code they shall mean the City Council of the City. 3012. AMENDMENTS MADE IN THE FIRE CODE. The Fire Code is amended and changed in the following respects: a) Article 12, Fireworks, is deleted and in lieu thereof, the rules and regulations of the State Fire Marshal's Office and the provisions of Title 19. California Administrative Code, shall govern the manufacture of fireworks. The sale of fireworks shall be governed by the provisions of Chapter 3 hereof. b) Section 1.24 is amended to read as follows: BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE0ä The City Council shall act as the Board of Appeals i" o^dcr to provide for reasonable interpretation of the provisions of this Code. s?' c) Section 15.201 a) is amended to read as follows: The storage of Class I flammable liquids in tanks shall be allowed only where designated by the City's zoning regulations. d) Section 27.22 is deleted. e) Section 15.401 is amended to read as follows: No new bulk plant shall be constructed except in such locations as are permitted by the City's zoning regulations. 3013. APPEAL FROM DECISIONS OF FIRE CHIEF. Any decision of the Fire Chief, pursuant to the provisions of the Fire Code, as adopted by Section 3010 hereof, shall be final and conclusive in the absence of an appeal, filed in the time and manner hereinafter set forth. Any person aagrieved by a decision of the Fire Chief, with reference to the provisions of the Fire Code, shall have the right of appeal to the City Council. Such appeals shall be processed in accordance with Section 2900 et seq hereof, and this Section. a) The Council shall, by motion, approve, in whole or in part, condi- tionally approve, or reverse the Fire Chief's decision, based upon the evidence presented, and its interpretation of the provisions of the said Fire Code. X BALDWIN PARK MUNICIPAL CODE %' jil' A-^'- BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE1äARTICLE III PUBLIC HEALTH & SAFETY CHAPTER 3 FIREWORKS 3050. DEFINITIONS. The following words and phrases, as used in this Part, shall be defined as follows: a) Dangerous Fireworks. Dangerous fireworks shall be defined as set forth in Section 12503 of the Health and Safety Code of the State of California b) Fireworks. Fireworks shall be defined as set forth in Section 12502 of the said Health and Safety Code. c) Fireworks Stands. Fireworks stands shall mean temporary structures to be used exclusively for the sale of safe and sane fireworks operated by qualified organizations having a permit issued pursuant to this Chapter. d) Organization. Organization shall mean any local non-profit organi- zation, corporation, or association, organized primarily for veteran, patrio- tic, welfare, civic betterment, religious or charitable purposes. e) Permit. Permit shall mean a validly issued permit all owing a qualified organization to conduct the sale, to the members of the general public, of safe and sane fireworks. f) Safe and Sane Fireworks. Safe and sane fireworks shall be defined as set forth in Section 12504 of the said Health and Safety Code. 3051. DANGEROUS FIREWORKS PROHIBITED. No person shall sell. offer to sell, or have In hispossession, any dangerous fireworks within the City. 3052. SAFE AND SANE FIREWORKS. SALE OF. No person shall sell or offer to sell any safe and sane fireworks, without first obtaining a permit, there- for, in the manner thereinafter set forth in this Part. 3053. SAME. APPLICATION FOR PERMITS. Applications for permits shall be accepted only from qualified organizations, as described in Section 3050 hereof, and shall be in writing, upon the form prescribed therefor by the City Manager. A filing and processing fee as set by resolution of the City Council shall be paid at the time of filing such application. Said application shall be submitted to the City Manager on or before the first day of May of any calendar year. Said application shall contain the following information: a) The exact location of the stand, as proposed, together with the written permission of the owner of the property, if the property is not owned by the applicant; and b) The name and location of the principal place of business of the organization and the principals thereof; and BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE2äc) Such other information as may be required by the City Manager. 3054. SAME. NUMBER OF PERMITS. Not more than 14 permits shall be issued during any calendar year. Not more than one 1) permit shall be issued to any organization in any calendar year. Priority shall be given, in the issuance of such permits, to organizations which held such a permit in the year immedi- ately preceding the filing of such an application. 3055. OPERATION OF STAND. All permitted firework stands shall be oper- ated in accordance with the following terms and conditions: a) No person other than the licensed organization shall operate the stand for which the permit is issued; and b) No person other than individuals who are members of the licensed organization shall participate in the operation of the stand; there shall be at least one person, over 21 years of age, acting as the supervisor, on duty at all times; no person under the age of 18 years shall participate in the operation of such stand; and c) No person shall be paid any compensation for selling or otherwise participating in the sale of fii eworks at such stand; and d) No stand shall be located within 25 feet of any other building or within 100 feet of any gasoline service station, or other use which involves the use of storage of any inflammable liquid or material; and e) Firework stands need not comply with the provisions of the Building Code of the City, provided that all such stands shall be erected under the supervision of the Director of Public Works who shall require that the same be constructed in a manner which will reasonably insure the safety of the attendants and patrons thereof; and f) No stand shall have a floor area in excess of 250 number of square feet; and g) Each stand shall have exits at least thirty 30) inches in width at both ends of the structure, and one thirty inch exit every twenty 20) feet on the rear wall of the structure. No supplies or other materials shall be stored in front of exit doors. Exit doors shall open outward from the stand. h) Firework stands shall be provided with two fire extinguishers of a type and size approved by the Fire Chief; and i) Firework stands shall be located not less than 500 feet apart; and j) All weeds and other combustible materials shall be cleared from the location of the stand, including a distance of at least 100 feet surrounding the stand; and BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE3äk) No Smoking" signs shall be prominently displayed on the exterior of each firework stand; and 1) Each stand shall have an adult in charge thereof, at all times when the stand is open for the sale of fireworks; and m) Fireworks shall not be sold prior to 12:00 o'clock noon on the 28th day of June, and such sale shall cease at 12:01 a.m. on the 5th day of July each calendar year. n) All unsold stock and accompanying litter shall be removed from the stand and from the City limits by 12:00 noon on the 6th day of July of each calendar year; and o) Each firework stand shall be removed from its temporary location no later than 12:00 noon on the 6th day of July of each calendar year, and all accompanying litter shall be cleared from the said location by the said time and date; and p) To insure compliance with sub-paragraphs n) and o) hereof, prior to the issuance of any permit, the applicant shall deposit a cashier's check, or cash, with the Finance Director, in an amount as set by the City Manager; said deposit shall be refunded upon such compliance. q) No person shall light or cause to be lighted or permit to be lighted any fireworks or other combustible material, nor shall any person smoke within such stand or within 25 feet thereof. 3056. APPLICATION OF LAWS. Issuance of a permit hereunder shall not be deemed to waive any other requirement of law. 3057. SAME. INSURANCE. Prior to the issuance of any firework stands permit, the applicant shall file with the City Clerk, a policy of liability insurance in coverage amounts as set by the City Manager. Said policy shall name the City as a co-assured. 3058. SAME. ISSUANCE OF PERMITS. a) Action by Clerk. All timely filed applications for firework permits, and public firework displays, shall be reviewed by the City Manager for the purpose of determining whether such permits should be issued, conditionally issued, or denied. Such permits shall be issued, by the City Manager, in accor- dance with the provisions of this Chapter, if he finds that an application con- tains all the information required by the provisions hereof, that the applicant is a qualified organization, and that the applicant, if the permit is issued, will conduct all operations in accordance with a11 applicable laws, such permit shall be issued. Should the City Manager find that an applicant, who held. a permit in the immediately preceding year, did not comply^ in its operation pursuant to such earlier pemnt, with all applicable provisions of law, issuance of the permit shall be refused. The City Manager shall give each applicant BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE4ä3058. Continued) written notice by United States mail, postage prepaid, addressed to the applicant at his last known address, of the action taken by the City Manager, with reference to such application. The action of the City Manager with reference to such applications, shall be final and conclusive, in the absence of an appeal, filed as hereinafter prescribed. b) Appeal. Any person aggrieved by the action of said City Manager with reference to such application and/or permit may file an appeal therefrom in the time and manner set forth in Section 2900 et seq hereof. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE5äARTICLE III PUBLIC HEALTH & SAFETY CHAPTER 4 TRAFFIC REGULATIONS PART A VEHICULAR TRAFFIC REGULATIONS DIVISION 1 GENERAL 3100. DEFINITIONS OF WORDS AND PHRASES. The following words and phrases, when used in this Chapter, shall for the purpose of this Chapter have the mean- ings respectively ascribed to them herein. Whenever any words or phrases used herein are not defined, but are defined in the Vehicle Code of the State of California and amendments thereto, such definitions shall apply. a) Central Traffic District. All streets and portions of streets with- in the area as may be prescribed by resolution of the City Council. b) City Traffic Engineer. The Director of Public Works. c) Coach. Any motor bus, motor coach, trackless trolley, or passenger stage used as a common carrier of passengers. d) Council, The City Council of the City. e) Curb. The lateral boundary of the roadway whether such curb be marked by curbing, construction, or not so marked; the word curb" as herein used shall not include the line dividing the roadway of a street from parking strips in the center of a street, nor from tracks or rights of way of public utility companies. f) Divisional Islands A raised island located in the roadway and se- parating opposing or conflicting streams of traffic. g) Holidays* Within the meaning of this Chapter, holidays shall be those designated pursuant to Section 2251 hereof. h) Loading Zone. The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. i) Official Time Standard. Whenever certain hours are named herein, they shall mean standard time or daylight saving time as may be in current use in this City. j) Parkway. That portion of a street other than a traveled roadway. k) Parking Meter. A mechanical device installed within or upon the curb or sidewalk area, immediately adjacent to a parking space, for the purpose of controlling the period of time occupancy of such parking meter space by any vehicle. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE6ä3100. Continued) 1) Passenger Loading Zone. The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. m) Pedestrian. Any person afoot. n) Police Officer. Every officer of the Police Department of this City or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. o) Stop. When required, means complete cessation of movement. p) TrafficCcmtrol Devices, All signs, signals, markings and devices placed on or adjacent to a street or highway for the purpose of regulating, warning or guiding traffic, in accordance with Division II, Article 2, Section 21400 etal of the Vehicle Code of the State of California. q) Vehicle Code. The Vehicle Code of the State of California, as it now exists or may hereafter be amended. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE7äARTICLE III PUBLIC HEALTH & SAFETY CHAPTER 4 TRAFFIC REGULATIONS PART A VEHICULAR TRAFFIC REGULATIONS i /^ DIVISION 2 ADMINISTRATION AND ENFORCEMENT 3110. CITY TRAFFIC ENGINEER. The office of City Traffic Engineer is hereby established. 3111. POWERS AND DUTIES OF CITY TRAFFIC ENGINEER DELEGATION. It shall be the duty of the City Traffic Engineer to carry out the powers and duties imposed upon him by this Code, and to perform such other duties as may be prescribed by the City Council. 3112. AUTHORITY OF POLICE AND FIRE DEPARTMENT OFFICIALS. Officers of the Police and Fire Departments are hereby authorized to direct traffic by voice, hand, or other signal in conformance with traffic laws, except that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, such officers may direct traffic as conditions may require. 3113. PERSONS OTHER THAN OFFICIALS SHALL NOT DIRECT TRAFFIC. No person other than an officer of the Police Department or members of the Fire Depart- ment or a person authorized by the Chief of Police or a person otherwise authorized by law shall direct or attempt to direct traffic by voice, hand or other signal. 3114. OBEDIENCE TO POLICE OR AUTHORIZED OFFICERS. No person shall fail or refuse to comply with nor refuse to perform anyact forbidden, by any lawful order, signal, or direction of a person authorized by the law to issue such order, signal or direction. 3115. TRAFFIC REGULATIONS APPLY TO PERSONS RIDING BICYCLES OR ANIMALS. Every person riding a bicycle or riding or driving an animal upon a highway has all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Chapter. 3116. OBSTRUCTION OR INTERFERENCE WITH POLICE OR AUTHORIZED OFFICERS. No person shall interfere with or obstruct in any way any police officer or other officer or employee of this City in his enforcement of the provisions of this Chapter, The removal, obliteration or concealment of any chalk mark or other distinguishing mark used by any police officer or other employee or officer of this City in connection with the enforcement of the parking regula- tions of this Chapter shall, if done for the purpose of evading the provisions of this Chapter, constitute such interference or obstruction. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE8ä3117. PUBLIC EMPLOYEES TO OBEY TRAFFIC REGULATIONS, The provisions of this Chapter shall apply to the operator of any vehicle owned by or used in the service of the United States Government, this State, any county or city, and it shall be unlawful for any said operator to violate any of the pro- visions of this Chapter except as otherwise permitted by law. 3118. EXEMPTION OF CERTAIN VEHICLES. a) The provisions of this Chapter regulating the operation, parking and standing of vehicles shall not apply to vehicles operated by the Police or Fire Department, any public ambulance or any public utility vehicle or any private ambulance which has qualified as an authorized emergency vehicle, when any vehicle mentioned in this section is operated in the manner specified by the Vehicle Code in response to an emergency call. b) The foregoing exemptions shall not, however, relieve the operator of any such vehicle from the obligation to exercise due care for the safety of others or the consequences of his willful disregard of the safety of others. c) The provisions of this Chapter regulating the parking or standing of vehicles shall not apply to any vehicle of a city department or public utility while necessarily in use for construction or repair work or any vehicle owned or operated by the United States Post Office Department while in use for the collection, transportation or delivery of United States Mail. 3119. REPORT OF DAMAGE TO CERTAIN PROPERTY. a) The operator of a vehicle or the person in charge of any animal involved in any accident resulting in damage to any property publicly owned or owned by a public utility, including but not limited to any fire hydrant, parking meter, lighting post, telephone pole, electric light or power pole, or resulting in damage to any tree, traffic control device or other property of a like nature located in or along any street, shall within twenty-four 24) hours after such accident make a written report of such accident to the Police Department of this city. b) Every such report shall state the time when and the place where the accident took place, the name and address of the person owning and of the person operating or in charge of such vehicle or animal, the license number of every such vehicle, and shall briefly describe the property damage in such accident. c) The operator of any vehicle involved in an accident snail not be subject to the requirements or penalties of this section if during the time he is physically incapable of making a report, but in such event he shall make a report as required in Subdivision a) within twenty-four 24) hours after regaining ability to make such report. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE9äARTICLE III PUBLIC HEALTH & SAFETY CHAPTER 4 TRAFFIC REGULATIONS PART A VEHICULAR TRAFFIC REGULATIONS DIVISION 3 TRAFFIC CONTROL DEVICES 3130. AUTHORITY TO INSTALL TRAFFIC CONTROL DEVICES. a) The City Traffic Engineer shall have the power and duty to place and maintain or cause to be placed and maintained official traffic control devices when and as required to make effective the provisions of this Chapter. b) Whenever the Vehicle Code requires, for the effectiveness of any provisions thereof, that traffic control devices be installed to give notice to the public of the application of such law the City Traffic Engineer is hereby authorized to install or cause to be installed the necessary devices subject to any limitations or restrictions set forth in the law applicable thereto. c) The City Traffic Engineer may also place and maintain or cause to place and maintain such additional traffic control devices as he may deem necessary or proper to regulate traffic or to guide or warn traffic, but he shall make such determination only upon the basis of traffic engineering principles and traffic investigations and in accordance with such standards, limitations, and rules as may be set forth in this Chapter, 3131. OBEDIENCE TO TRAFFIC CONTROL DEVICES. The operator of any vehicle or train shall obey the instructions of any official traffic control device placed in accordance with this Chapter unless otherwise directed by a police officer or other authorized person subject to the exceptions granted the oper- ator of an authorized emergency vehicle when responding to emergency calls. 3132. INSTALLATION OF TRAFFIC SIGNALS, a) The City Traffic Engineeris hereby directed, subject to the appro- val of the City Manager, to install and maintain official traffic signals at those intersections and other places 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. b) The City Traffic Engineer shall ascertain and determine the loca- tions where such signals are required by field investigation, traffic counts and other traffic information as may be pertinent and his determinations therefrom shall be made in accordance with those traffic engineering and safety standards and instructions set forth in the California Planning Manual BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE:ä Part 8, Traffic, issued by the Division of Highways of the State Department of Public Works. c) Whenever the City Traffic Engineer installs and maintains an offi- cial traffic signal at any intersection he shall likewise erect and maintain at such intersection street name signs dearly visible to traffic approaching from a11 directions unless such street name signs have previously been placed and are maintained at any such intersection. 3133. LANE MARKING. The City Traffic Engineer is hereby authorized to mark center lines and lane lines upon the surface of the roadway to indicate the course to be traveled by vehicles and may place signs temporarily desig- nating lanes to be used by traffic moving in a particular direction, regard- less of the center line of the highway. 3134. DISTINCTIVE ROADWAY MARKINGS. The City Traffic Engineer is authorized to place and maintain distinctive roadway markings as described in the Vehicle Code on those streets or parts of streets where«the volume of traffic or the vertical or other curvature of the roadway renders it hazardous to drive on the left side of such markings or signs and markings. Such mark- ing or signs and markings shall have the same effect as similar markings placed by the State Department of Public Works pursuant to provisions of the Vehicle Code. 3135. AUTHORITY TO REMOVE, RELOCATE AND DISCONTINUE TRAFFIC CONTROL SIGNALS. The tity Traffic Engineer is hereby authorized to remove, relocate or discontinue, subject to the approval of the City Manager, the operation of any traffic control signal not specifically required by the Vehicle Code or this Chapter whenever he shall determine in any particular case that the con- ditions which wrranted or required the installation no longer exist or obtain. 3136. TRAFFIC CONTROL SIGNALS. HOURS OF OPERATION. The City Traffic Engineer shall determine the hours and days during which any traffic control signal shall be in operation or be in effect, except in those cases where such hours or days are specified in this Chapter. 3137. UNAUTHORIZED PAINTING OF CURBS. No person, unless authorised by this city. shall paint any street or curbsurface; provided, however, that this section shall not ipply to the painting of numbers on a curb surface by any person who has complied with the provisions of this Code relating thereto. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE;äARTICLE ill PUBLIC HEALTH & SAFETY CHAPTER 4 TRAFFIC REGULATIONS PART A VEHICULAR TRAFFIC REGULATIONS t DIVISION 4 TURNING MOVEMENTS 3140. AUTHORITY TO PLACE TURNING MARKERS. When determined to be necessary by the City Traffic Engineer, he shall place and maintain markers, buttons or signs'within or adjacent to intersections indicating the course to be traveled Vy vehicles turning at such intersections, and he shall locate and indicate more than one lane of traffic from which vehicles may make right or left turns. 3141. OBEDIENCE TO TURNING MARKERS. A-H motorists shall obey the di- rections of such indications placed 1n accordance with Section 3140 of this Code. 3142. AUTHORITY TO PLACE RESTRICTED TURN SIGNS. The City Traffic Engineer shall determine those intersections at which vehicles should or should not make right, left or U-turns, and he shall place proper signs at such inter- sections regulating said turns. 3143. OBEDIENCE TO NO TURN SIGNS. AH motorists shall obey the di- rections of such signs placed in accordance with Section 3142 of this Code. 3144. RIGHT TURNS AT SIGNAL CONTROLLED INTERSECTIONS. When the City Traffic Engineer determines that the making of right turns against a traffic signal STOP" indication would seriously interfere with the safe and orderly flow of traffic, he shall place appropriate signs prohibiting this traffic movement* 3145. OBEDIENCE TO NO-RIGHT-TURN-ON-RED SIGNS. No motorist shall make a right turn against a red or stop signal at any intersection which is sign- posted giving notice of such restriction as provided in Section 3144 of this Code. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE<ä ARTICLE III PUBLIC HEALTH S SAFETY CHAPTER 4 TRAFFIC REGULATIONS PART A VEHICULAR TRAFFIC REGULATIONS DIVISION 5 ONE-WAY STREETS AND ALLEYS 3150. THE CITY TRAFFIC ENGINEER TO SIGN ONE-WAY STREETS AND ALLEYS. Whenever the Council designates any street or alley, for one-way traffic, the City Traffic Engineer shall place and maintain signs giving notice thereof. 3151. TRAFFIC FLOW ON ONE-WAY STREETS. When all or a portion of any' street or alley is designated for one-way traffic, no person shall operate a vehicle thereon in any direction except as indicated by signs giving notice of such restriction. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE=äARTICLE III PUBLIC HEALTH & SAFETY CHAPTER 4 TRAFFIC REGULATIONS PART A VEHICULAR TRAFFIC REGULATIONS DIVISION 6 SPECIAL STOPS REQUIRED 3160. THE CITY TRAFFIC ENGINEER TO ERECT STOP SIGNS. Whenever any street or portion thereof is designated as a through street, or when the Council directs the installation of special stop signs, the City Traffic Engineer shall erect and maintain stop signs on each and every street intersecting such through street or portion thereof, and at such other locations as may be designated by Council resolution. Every such sign shall conform with, and be placed as pro- vided for in the Vehicle Code. 316L STOP AT THROUGH STREET OR STOP SIGNS. When any stop signs are in place the driver of a vehicle shall stop in obedience to the same. 3162. EMERGING FROM ALLEY. DRIVEWAY OR BUILDING. The driver of a vehicle emerging from an alley, driveway, or building, shall stop such vehicle immedi- ately prior to driving onto a sidewalk or into the street right-of-way. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE>äARTICLE III PUBLIC HEALTH & SAFETY CHAPTER 4 TRAFFIC REGULATIONS PART A VEHICULAR TRAFFIC REGULATIONS DIVISION 7 MISCELLANEOUS DRIVING RULES 3170. DRIVING THROUGH FUNERAL PROCESSION. No operator of any vehicle shall drive between the vehicles comprising a funeral procession or a parade, provided that such vehicles are conspicuously so designated. The directing of all vehicles and traffic on any street over which such funeral procession or parade wishes to pass shall be subject to the orders of thb Police Depart- ment. 3171. CLINGING TO MOVING VEHICLE. No person shall attach himself with his hands, or to catch on» or hold on to with his hands or by other means, to any moving vehicle or train for the purpose of receiving motive power there- from. 3172. COMMERCIAL VEHICLES USING PRIVATE DRIVEWAYS. No person shall operate or drive a commercial vehicle in, on or across any private driveway approach or sidewalk area or the driveway itself without the consent of the owner or occupant of the property, if the owner has placed a sign or markings indicating that the use of such driveway Is prohibited. For the purpose of this section a commercial vehicle shall mean a vehicle having a rated capacity in excess of one-half ton. 3173. RIDING OR DRIVING ON SIDEWALK. No person shall ride, drive, pro- pel, or cause to be propelled any vehicle across or upon any sidewalk excepting over permanently constructed driveways and excepting when it is necessary for any temporary purpose to drive a loaded vehicle across a sidewalk. 3174. NEW PAVEMENT AND MARKINGS. No person shall ride or drive an,v animal or any vehicle over or across any newly made pavement or freshly painted markings in any street when a barrier sign, cone marker or other warning device is in place warning persons not to drive over or across such pavement or marking, or when any such device is in place indicating that the street or any portion thereof is closed. 3175. OBEDIENCE TO BARRIERS AND SIGNS. No person, public utility or department in the City shall erect or place any barrier or sign on any street unless of a type approved by the City Traffic Enqineer. nor sha'11 any person disobey the instructions, remove, tamper with or destroy any barrier or sign lawfully placed on any street or other public place. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE?ä3176. NO ENTRANCE INTO INTERSECTION THAT MOULD OBSTRUCT TRAFFIC. No operator of any vehicle shall rnter any intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic-control signal indication to proceed. 3177. LIMITED ACCESS. No person shall drive a vehicle onto or from any limited access roadway r<cept at such entrances and exits as are lawfully established. 3178. RESTRICTIONS ON USE OF FREEWAYS. No person shall drive or operate any bicycle, motor driven cycle, or any vehicle which is not drawn by a motor vehicle upon any street established as a freeway, as defined by State law, nor shall any pedestrian walk across or along any such street so designated and described except in space set aside for the use of pedestrians, provided offi- cial signs are in place giving notice of such restrictions. 3179. NO DRIVING ON FLOOD CONTROL CHANNELS. No person shall operate any vehicle upon any flood control channel within the City which is owned, operated or under the control of either the Los Angeles County Flood Control District or the United States Corps of Engineers. This Section shall not apply to vehicles owned or in the service of the United State Corps of Engineers, the Los Angeles County Flood Control District or the City of Baldwin Park, nor shall it apply to the driving or operating of a motor vehicle on the traveled portion of any public highway crossing any such flood control channel. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE@äARTICLE III PUBLIC HEALTH & SAFETY CHAPTER 4 TRAFFIC REGULATIONS PART A VEHICULAR TRAFFIC REGULATIONS DIVISION 8 PEDESTRIAN REGULATIONS 3180. TRAFFIC ENGINEER TO ESTABLISH MARKED CROSSWALKS. a) The City Traffic Engineer shall establish, designate and maintain crosswalks at intersections and other places by appropriate devices, marks or lines upon the surface of the roadway where the City Traffic Enqineer deter- mines that there is particular hazard to pedestrians crossing the roadway subject to the limitation contained in b) of this section. b) Other than crosswalks at intersections, no crosswalk shall be established in any block which is less than four hundred 400) feet in length except by direction of The City Manager. c) The City Traffic Engineer may place signs at or adjacent to an intersection in respect to any crosswalk directing that pedestrians shall not cross except in the crosswalk so indicated. 3181. WHEN PEDESTRIANS MUST USE CROSSWALKS. No pedestrian shall cross a roadway, other than in a crosswalk or at an intersection, if no crosswalk has been established. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEAäARTICLE III PUBLIC HEALTH & SAFETY CHAPTER 4 TRAFFIC REGULATIONS PART A VEHICULAR TRAFFIC REGULATIONS DIVISION 9 STOPPING. STANDING AND PARKING FOR CERTAIN PURPOSES OR IN CERTAIN PLACES 3190. APPLICATION OF REGULATIONS, The provisions of this Chapter pro- hibiting 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 or in compliance with the di- rections of a police officer or official traffic control device. 3191. STOPPING OR STANDING IN PARKWAYS PROHIBITED. No person shall stop. stand or park a vehicle within any parkway. 3192. TRAFFIC ENGINEER TO MAINTAIN NO STOPPING ZONES AND NO PARKING AREAS. The City Traffic Engine6r is hereby directed to maintain, by appro- priate signs or by paint upon the curb surface, all no stopping zones, no parking areas, and restricted parking areas, as defined and described in this Chapter. 3193. NO PARKING AREAS. No owner and/or operator of any motor vehicle shall stop, stand, park, or leave standing such vehicle in any of the follow- ing places, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or other authorized officer, or traffic sign or signal: a) Within or along side of any divisional island,unless authorized and clearly indicated with appropriate signs or markings; b) Upon, along or across any railway track in such manner as to hindpr. delay, or obstruct the movement of any train traveling upon such track; c) On any street or alley where the restricted use of such street or alley or a portion thereof, is necessary for the cleaning, repair or con- struction of the street or highway or the installation of underground utili- ties or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement; provided that signs giving notice of such restriction are erected or placed in said areas; BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEBäd) At any place within twenty 20) feet of a point on the curb im- mediately opposite the mid-block end of a safety zone, when such place is indicated by appropriate signs or by red paint upon the curb surface; e) At any place within twenty 20) feet of a crosswalk at an inter- section when such place is indicated by appropriate signs or by red paint upon the curb surface except that a bus may stop at a designated bus stop; f) At any tcct'-t on \ ere the City Traffic Engirt' Jet.e^sine^ i'",haL parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or property, when such area is indicated by appropriate signs or by red paint upon the curb surface; g) At any location established by resolution of the Council as a no parking area. when such area is indicated by appropriate signs or by red paint upon the curb surface; h) At the approaches to any traffic signal, boulevard stop sign, or official electric flashing device, within a distance determined by the City Traffic Engineer to be sufficient to permit a safe orderly movement of traffic at the location of said traffic devices. 3194< USE OF STREETS FOR STORAGE OF VEHICLES PROHIBITED. No person who owns or has possession, custody or control of any vehicles shall store such vehicle upon any street or alley, for more than a consecutive period of 72 hours. 3195. PARKING FOR DEMONSTRATION. No operator of any vehicle shall park said vehicle upon any street in this City for the purpose of advertising or displaying it for sale. 3196. REPAIRING OR GREASING VEHICLES ON PUBLIC STREETS. No person shall construct, or cause to be constructed, repair, or cause to be repaired, grease, or cause to be greased, dismantle, or cause to be dismantled, any vehicle or any part thereof, upon any public street or alley in this ity; except for temporary emergency repairs. 3197. MASHING OR POLISHING VEHICLES. No person shall wash or cause to be washed, polish or cause to be polished any vehicle or any part thereof upon any public street or alley in this City. 3198. PARKING PROHIBITED ON NARROW STREETS. The City Traffic Engineer is hereby authorized to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed 20 feet, or upon one side of a street as indicated by such signs or markings when the width of the roadway does not exceed 30 feet. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁECä3199. PARKING ON GRADES. No person shall park or leave standing any vehicle unattended on a highway when upon any grade exceeding 3% without blocking the wheels of said vehicles by turning them against the curb or by other means. 3200. PARKING ADJACENT TO SCHOOLS. The City Traffic Engineer is hereby authorized to erect signs Indicating no parking upon that side of any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation. 3201. UNLAWFUL PARKING PEDDLERS, VENDORS. a) Except as otherwise provided in this Section, no person shall 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 or bartered or exchanged, or any lunch wagon or eating car or vehicle, on any portion of any street within this City, except that such vehicles, wagons, or pushcarts may stand or park only at the request of a bona fide purchaser for a period of time not to exceed ten 10) minutes at any one place. The provisions of this subsection shall not apply to persons delivering such articles upon order of, or by agreement with a customer from a store or other fixed place of business or distribution. b) No person shall park, stand or maintain any lunch wagon, eating cart, or any other food vending vehicle or conveyance, in or upon any public street or other public property within four hundred 400) feet of any property line of any property upon which a public school Is located. 3202. EMERGENCY PARKING SIGNS. a) Whenever the City Traffic Engineer shall determine that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings, or functions, or for other reasons, the City Traffic Engineer shall have power and authority to order temporary signs to be erected or posted Indicating that the operation, parking or standing of vehicles Is prohibited on such streets and alleys as the City Traffic Engineer shall direct during the time such temporary signs are 1n place. Such si^ns shall remain in place only during the existence of such emergency and the City Traffic Engineer shall cause such signs to be removed promptly thereafter. b) When signs authorized by the provisions of this Section are in place giving notice thereof, no person shall operate, park or stand any vehicle contrary to the directions and provisions of such signs. 3203. DISPLAY OF WARNING DEVICES WHEN COMMERCIAL VEHICLE DISABLED. Every motor truck having an unladen weight of 4,000 pounds or more, and every truck tractor Irrespective of weight when operated upon any street or highway during darkness shall be equipped with and carry at least two flares or two BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEDä3293. Contfnyed) f@<( tdft^WS W tW Waffifftg Tights or reflectors, which reflectors shall be 9^ $ i^^8^dV€<f by the Department of California Highway Patrol. When any ysfrf67e above mentioned or any trailer or semi-trailer is disabled upon streets of highways outside of any business or residential district within this City and upon which street or highway there is insufficient street lighting to re- veal a vehicle at a distance of 200 feet during darkness, a warning signal of the character indicated above shall be immediately placed at a distance of approximately 100 feet In advance of, and 100 feet to the rear of, such dis- abled vehicle by the driver thereof. The continuous flashing of at least four approved Class A-Type I turn signal lamps, at least two toward the front and at least two toward the rear of the vehicle, shall be considered to meet the requirements of this Section until the devices mentioned above can be placeo in the required locations. The warning signals herein mentioned shall be dis- played continuously during darkness while such vehicle remains disabled upon such street or highway. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEEäARTICLE III PUBLIC HEALTH & SAFETY CHAPTER 4 TRAFFIC REGULATIONS PART A VEHICULAR TRAFFIC REGULATIONS DIVISION 10 STOPPING, STANDING OR PARKING RESTRICTED OR PROHIBITED ON CERTAIN STREETS 3210. TWENTY MINUTE PARKING. Green curb marking shall mean no standing or parking for a period of time longer than 20 minutes at any time between 8:00 A.M. and 6:00 P.M. on any day except Sundays and holidays. When authorized signs, or curb markings have been placed in areas desig- nated by the City Traffic Engineer, giving notice thereof, no operator of any vehicle shall stop, stand or park any motor vehicle adjacent to any such area for a period of time in excess of 20 minutes. 3211. ONE HOUR PARKING. When authorized signs, or curb markings have been placed in areas designated by the City Traffic Engineer, qivinq notice thereof, no operator of any vehicle shall stop, stand or park said vehicle in such areas between the hours of 8:00 A.M. and 6:00 P.M. of any day except Sundays and holidays for a period of time longer than one hour. 3212. TWO HOUR PARKING. When authorized signs or curb markings have been placed in areas designated by the City Traffic Engineer, giving notice thereof, no owner and/or operator of any motor vehicle shall stop, stand or park said vehicle in such area between the hours of ft-nn A.M. and 6:00 P.M. o^ any day except Sundays and holidays for a oeriod of time longer than two hours. 3213. PARKING PARALLEL. a) Subject to other and more restrictive limitations, a vehicle shall be stopped or parked within 18 inches of the curb facing in the direction of traffic movement upon any street unless signs are in place prohibiting such stopping or standing. b) In the event a street includes two or more separate roadways and traffic is restricted to one direction upon any 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 City Traffic Engineer is authorized to determine 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 d"iy one-way roadway of a highway having two or more separate rocdways and shall erect signs giving notice thereof. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEFäd) The requirement of parallel parking imposed by this section shall not apply in the event any commercial vehicle is actually engaged in the pro- cess of loading or unloading freight or goods, in which case such vehicle does not extend beyond the center line of the street and does not block traffic thereby. 3214. DIAGONAL PARKING. On any of the streets or portions of streets established by resolution of the Council as diagonal parking zones, when signs or pavement^markings are in place indicating such diagonal parking, it shall be unlawful for the operator of any vehicle to park said vehicle except: a) At the angle to the curb indicated by signs or pavement markings allotting space to parked vehicles and entirely within the limits of said allotted space; b) With the front wheel nearest the curb within six 6) inches of said curb. The provisions of this Section shall not apply when such vehicle is actually engaged in the process of loading or unloading passengers, freight or goods, in which event the provisions of Section 3213 d) of this Chapter shall be complied with. 3215. PARKING SPACE MARKINGS. The City Traffic Engineer is authorized to install and maintain parking space markings to indicate parking spaces ad- jacent to curbings where parking is permitted. When such parking space markings are placed on the highway, 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. 3216. NO STOPPING ZONES. The City Traffic Engineer shall designate established no stopping zones by placing and maintaining appropriate signs indicating that stopping of vehicles is prohibited and indicating the hours and day when stopping is prohibited. During the hours and on the days designated on such signs, it shall be unlawful for the operator of any vehicle to stop said vehicle on any of thp streets or parts of streets established by resolution of the City Council as no stopping zones. 3217. ALL NIGHT PARKING PROHIBITED. No person shall stop, stand or park a vehicle on any public street within the city, except Baldwin Park Boule vard between Bess Avenue and Dalewood Street, between the hours of 2:00 a.m. and 5:00 a.m. of any day except as provided in the following subsections: a) Exceptions, The provisions of Section 3217 shall not apply to BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEGä3217. Continued) emergency vehicles, nor to vehicles for which a temporary or annual all-night parking permit, issued in accordance with the following sub-sections, is in effect. b) Annual All-Night Parking Permit Application. Every person desiring an annual all-night parking permit shall file with the Chief of Police a written application therefor on a form to be furnished by the Finance Director. Each application shall set forth the name and residence address of the appli- cant and the license number, make and model of vehicle for which the permit is requested. c) Filing and Processing Fee. A filing and processing fee, as set by resolution of the City Council, shall be paid contemporaneously with the filing of an application for an all-night parking permit. d) Application Investigation. Upon the filing of an application for an annual all-night parking permit, the Chief of Police shall cause to be made such investigation thereof to ascertain the truth of the statements therein contained and to determine whether or not the requested permit is necessary. e) Annual Permit. Upon completion of the investigation required by sub-section d), each application for an annual all-night parking permit, together with a report on the investigation thereof, shall be referred by the Chief of Police to the Traffic Committee. Such committee shall review such application and report, and shall recommend the issuance of an annual all- night parking permit if it determines, by a majority of the membership thereof, that the facts disclosed by the application and substantiated by the investiga- tion report demonstrate that the applicant has need to park a vehicle on the street between the hours of 2:00 a.m. and 5:00 a.m. by reason of the fact that no off-street parking is available to applicant within 300 feet of applicant's residence. Upon such recommendation the Finance Director shall issue an annual all-night parking permit in accordance with such committee's recommendations 1n the form specified in sub-section i). f) Denial. If said committee recommends that a requested annual all- night parking permit be denied, the Finance Director shall deny the applies- tion therefor and shall thereupon mail to applicant a notice of such denial g) Appeal. Within ten days after mailing of notice of the denial of an application for an annual all-night parking permit applicant may in writing appeal to the City Manager. The City Man&ger shall review the application, the investigation report, the appeal, and in accordance with the facts found by the City Manager to be true. may grant 3n annual all-night parking permit upon such terms and conditions as he deems reasonable and necessary. h) Permit Fee. No charge other than as expressly set forth in this section, shall 6e made for the issuance o^" an all-night parking permit. i) Contents. Each annual all-night parking permit issued under this BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEHä3217. Continued) section shall contain the name and residence address of the applicant; the license number, make and model of vehicle for which the permit is issued; the period of time for which permit is issued; and the location at which the vehi- cle shall be parked during the effective period of such permit. With each permit the Finance Director shall issue a decalcomania or other emblem in the form approved by the Chief of Police for use as specified in sub-section 1). j) Duration. Annual all-night parking permits shall be valid and in effect throughout the calendar year of their issuance and shall expire at midnight on December 31 of such year. k) Substitution. Any applicant to whom an annual all-night parking permit has been issued may, upon application in writing setting forth the in- formation required by sub-section b) for a new application, and the payment of a transfer fee as set by resolution of the City Council, have an existing permit transferred to a vehicle described in such transfer application. There- after the permit originally issued shall be invalid and of no effect with respect to the vehicle for which it was originally issued and shall be in effect and valid only with respect to the vehicle for which the transfer appli- cation was made. A new decalcomania or emblem, specified in sub-section 1) shall be Issued by the Finance Officer, and displayed upon the vehicle to which the permit was transferred, and the permittee shall destroy the decal- comania or emblem issued with the original permit. 1) Display of Emblem. No annual all-night parking permit issued under any of the preceding sub-sections shall be effective at any time when the decalcomania or emblem, issued by the Finance Officer with such permit or transfer, is not affixed to the left portion of the rear bumper of the vehicle for which such permit was issued. m) Temporary All-Night Parking Permit. Notwithstanding any of the pro- visions of the preceding sub-sections, the Chief of Police or an on-duty watch commander of the Police Department may, upon oral or written application. Issue a temporary all-night parking permit for a period of time not in excess of ten days during any calendar year. Such permit shall be in writing upon a form prescribed by the Chief of Police, and shall be displayed upon the vehicle for which it was issued in the manner specified by the person issuing the permit. The permit shall be in effect only during the period of time therein specified, and shall not be transferable. No fee shall be due or payable for any such temporary permit, and the decision of the Chief of Police or on-duty watch commander shall be final in each case. n) Effective Date. Each permit issued under sub-sections e), g). and m) shall be valid and in effect only during the period of time therein specified, and only with respect to the vehicle for which application was made and for which the permit was issued or to which it is transferred as provided in sub-section k)- BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEIäo) Suspension of Parking Regulations. In connection with civic cele- brations or community events/or for other good cause, the City Council may, by the action of the majority of the members of the Council entered upon the Council Minutes, authorize the Chief of Police to suspend the enforcement of the provisions of Section 3217 for such periods of time and upon such con- ditions as are specified in the Council's authorization. 3218. PARKING ON CITY PROPERTY. a) Whenever the City Manager shall determine that the orderly, effi- cient conduct of the City's business requires that parking or standing of vehicles on City property be prohibited, limited or restricted, he shall have the power and authority to order signs to be erected or posted indicating that the parking of vehicles Is thus prohibited, limited or restricted. b) When signs authorized by the provisions of this Section are in place, giving notice thereof, no person shall park or stand any vehicle contrary to the directions or provisions of such signs. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEJäARTICLE III PUBLIC HEALTH & SAFETY CHAPTER 4 TRAFFIC REGULATIONS PART A VEHICULAR TRAFFIC REGULATIONS DIVISION n STOPPING FOR LOADING OR UNLOADING ONLY 3220. AUTHORITY TO ESTABLISH LOADING ZONES. a) The City Traffic Engineer is hereby authorized to determine and mark loading zones and passenger loading zones as follows: 1) At any place adjacent to a commercial area where traffic safety permits. 2) Elsewhere 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, where traffic safety permits. b) In no event shall more than one-half of the total curb length in any block be reserved for loading zone purposes. c) Loading zones shall be indicated by yellow paint upon the top of and face of all curbs in said zones. d) Passenger loading zones shall be indicated by white paint upon the top of and face of a11 curbs in said zones. 3221. CURB MARKINGS TO INDICATE NO STOPPING AND PARKING REGULATIONS. a) The City Traffic Engineer is hereby authorized and required, subject to the provisions and limitations of this Chapter, to place the following curb markings to indicate parking or standing regulations,and said curb markings shall have the meanings as herein set forth. 1) Red shall mean no stopping, standing, or parking at any time except as permitted by the Vehicle Code, and except that a bus may stop in a red zone marked or signed as a bus zone. 2) Yellow shall mean no stopping, standing or parking at any time between 7:00 a.m. and 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. BALDWIN RARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEKä3) White shall mean no stopping, standing or parking for any purpose other than loading or unloading of passengers, or for the purpose of depositing mail in an adjacent mail box, which shall not exceed three 3) minutes and such restrictions shall apply between 7:00 a.m. and 6:00 p.m, of any day except Sundays and holidays and except as follows: a. When such zone is in front of a hotel or in front of a mailbox the restrictions shall apply at all times. b. When such zone is in front of a theater the restrictions shall apply at all times except when such theater is closed. 4) When the City Traffic Engineer as authorized under this Chapter has caused curb markings to be placed, no per- son shall stop, stand or park a vehicle adjacent to any such legible curb marking in violation of any of the provisions of this section. 3222. EFFECT OF PERMISSION TO LOAD OR UNLOAD. a) Permission herein granted 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, and in no event for more than twenty 20) minutes. b) The loading or unloading of materials shall apply only to commercial deliveries, also the delivery or pick-up of express and parcel post packages and United States mail. c) Permission herein granted to stop or park for purposes of loading or unloading passengers shall include the loading or unloading of personal bagg- age but shall not extend beyond the time necessary therefor and in no event for more than three 3) minutes. d) Within the total time limits above specified the provisions of this section shall be enforced so as to accommodate necessary and reasonable load- ing or unloading but without permitting abuse of the privilege? hereby granted 3223. STANDING FOR LOADING OR UNLOADING ONLY. No person rhall 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 is specified in Section 3222. 3224. STANDING IN PASSENGER LOADING ZONF. No person shall stop, stand or park a vehicle in any passenger loading zone for any purpose other than the loading or unloading of passengers except for such time as is specified BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁELäin Section 3222. 3225. STANDING IN AN ALLEY. No person shall stop, stand or park a vehicle for any purpose, other than for the purpose of loading or unloading of persons or materials, in any alley. 3226. COACH ZONES TO BE ESTABLISHED. a) The City Traffic Engineer is hereby authorized to establish bus zones opposite curb space for the loading and unloading of buses or common carriers of passengers and to determine the location thereof. b) Coach zones shall be established at locations adjacent to inter- sections in a manner consistent with traffic safety. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEMäARTICLE III PUBLIC HEALTH & SAFETY CHAPTER 4 TRAFFIC REGULATIONS PART A VEHICULAR TRAFFIC REGULATIONS DIVISION 12 RESTRICTED USE OF CERTAIN STREETS 3230. CERTAIN VEHICLES PROHIBITED IN CENTRAL TRAFFIC DISTRICT, a) No person shall operate any of the following vehicles in the central traffic district between the hours of 7:00 a.m. and 6:00 p.m. of any day: 1) Any freight vehicle more than eight and one-half 8-1/2) feet in width, with load, or any freight vehicle so loaded that any part of its load extends more than twenty 20) feet to the front or rear of said vehicle; 2) Any vehicle carrying building material that has not been loaded, or Is not to be unloaded, at some point within the central traffic district. b) Provided that the City Traffic Engineer may by written permit authorize the operation of any such vehicle for the purpose of making neces- sary emergency deliveries to or from points within the central traffic district. 3231. ADVERTISING VEHICLES. No person shall operate or drive any vehicle used for commercial advertising purposes which is equipped with a sound-ampli- fying or loud-speaking device upon any street or alley at any time. 3233. TRUCK ROUTES. t a) Whenever the City Council of this City designates and describes any street or portion thereof as a street, the use of which is permitted by any vehicle exceeding a maximum gross weight limit of three tons. the City Traffic Engineer is hereby authorized to designate such street or streets by appro- priate signs as Truck Routes" for the movement of vehicles exceeding a maxi- mum gross weight limit of three tons, b) When any such truck route or routes are established and designated by appropriate signs, the operator of any vehicle exceeding a maximum gross weight limit of three tons shall drive on such route or routes and none other BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁENä3233. Continued) except that nothing In this Section shall prohibit the operator of any vehicle exceeding a maximum gross weight of three tons coming from a Truck Route" having ingress and egress by direct route to and from 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 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 streets for which a building permit has pre- viously been obtained therefor. c) The provisions of this Section shall not apply to 1) passenger buses under the jurisdiction of the Public Utilities Commission, or to 2) any vehicle owned by a public utility while necessarily in use in the con- struction, installation or repair of any public utility. d) Those streets and parts of streets enumerated hereinafter are hereby declared to be truck routes for the movement of vehicles exceeding a maximum gross weight of three tons: 1) Rivergrade Road at all points within the City; and 2) Ramona Boulevard at all points within the City; and 3) Badillo Street at all points within the City; and 4) Puente Avenue between Merced Avenue and the southerly City limits; and 5) Puente Avenue between Ramona Boulevard and Badillo Street; and 6) Baldwin Park Boulevard between Arrow Highway and the southerly City limits; and 7) Francisquito Avenue between Baldwin Park Boulevard and the southerly city limits; and 8) Los Angeles Street at all points within the City. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEOäARTICLE III PUBLIC HEALTH & SAFETY CHAPTER 4 TRAFFIC REGULATIONS PART A VEHICULAR TRAFFIC REGULATIONS DIVISION 13 PARKING METERS 3240. PARKING METER ZONES. The parking of vehicles on streets or por- tions of streets as designated by the City Council, by resolution, as parking meter zones, shall be controlled as provided in this Division. 3241. MANNER OF INSTALLATION. The City Traffic Enaineer shall cause parking meters to be installed and maintained in a11 parking meter zones. Parking meters shall be installed upon the curb or sidewalk area im- mediately adjacent to each parking space. Each meter shall be placed in such manner as to show or display by a sign or signal that the parking space adja- cent thereto is or is not legqily in use. Each parking meter shall be set to display, after the operational pro- cedure has been completed, a sign or signal indicating legal parking for that period of time conforming to the limit of parking time as indicated on the meter. Each parking meter shall indicate the limit of parking time in the parking space adjacent to the parking meter, and shall continue to operate from the time of the completion of the operational procedure until the expira- tion of the time fixed as the parking limit or a portion thereof for the part of the street upon which said meter is placed. Each said meter shall also be so arranged that upon the expiration of said legal parking time it will indi- cate by a mechanical operation and by proper signal that the lawful parking period has expired. 3242. TIME OF OPERATION OF PARKING METERS. The provisions of this Chapter relating to the operation of parking meters shall be effective during the hours set by Council resolution. 3243. OPERATIONAL PROCEDURE TO BE FOLLOWED. Immediately after occupancy of a parking meter space, the operator of a vehicle shall deposit a coin of the United States in said parking meter and if necessary turn a crank, knob, or handle in accordance with the instructions posted on the face of the park- ing meter. 3244. PARKING METER FEES. The parking meter fees for the parking meter zones herein established shall be a-s set by Resolution of the City Council, 3245. UNLAWFUL TO PARK AFTER METER TIME HAS EXPIRED. No operator of any vehicle shall permit said vehicle to remain parked in any parking space during any time that the meter is showing a signal indicating that such space BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEPäis illegally in use other than such time immediately after the original occu- pancy as is necessary to operate the meter to show legal parking. 3246. UNLAWFUL TO EXTEND TIME BEYOND LIMIT. No person shall follow the operational procedure or any part of the operational procedure for the purpose of increasing or extending the parking time of any vehicle beyond the legal parking time which has been established for the parking space adjacent to which said parking meter is placed. 3?47. IMPROPER USE OF METER. No person shall deposit or cause to be deposited in any parking meter any defaced or bent coin, or any slug, device or metallic substitute for a coin of the United States, or deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter. 3248. DEPOSIT OF COINS IN METER BY UNAUTHORIZED PERSON, No poison, other than the owner oroperator of a vehicle, shall deposit any coin in any parking meter without the knowledge or consent of said owner or operator of the vehicle using the p&rking space immediately adjacent to said meter. 3249. PARKING METERS AND PARKING METER STANDARDS NOT TO BE USED FOR CERTAIN PURPOSES.No person shall attach anything to or allow a bicycle, newsrack or any other article or thing to lean against a parking meter or a parking meter standard. 3250. RULE OF EVIDENCE. The parking or standing of any motor vehicle in a parking space at which space the parking meter displays the sign or signal indicating illegal parking, shall constitute a prima facie presumption that the vehicle has been parked or allowed to stand in such space for a period longer than permitted by this Chapter. 3251. USE OF MONEY DEPOSITED IN PARKING METERS. All moneys collected from parking meters in this city shall be placed in a special fund, which fund shaT. be devoted exclusively to the following purposes: i a) For the purchasing, leasing, installing, repairing, maintaining. operating, removing, regulating and policing of parking meters in this city and for the payment of any and a11 expenses relating or incidental thereto. b) For the purchasing, leasing, acquiring, improving, operating, and maintaining of off-street parking facilities in this city. c) For the installation and maintenance of traffic control devices and signals. d) For the painting and marking of streets and curbs required for the direction of traffic and parking of motor vehicles. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEQä32ST. Continued) e) For the proper regulation,control and inspection of parking and traffic upon the public streets. f) To be pledged as security for the payment of principal of and in- terest on'off"street parking revenue bonds issued by this city, or any parking district organized within this city. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁERäARTICLE III PUBLIC HEALTH & SAFETY CHAPTER 4 TRAFFIC REGULATIONS PART A VEHICULAR TRAFFIC REGULATIONS DIVISION 14 TRAINS 3260. RAILWAY GATES. No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad grade crossing while such i gate or barrier is closed or is being opened or closed. 3261. TRAINS NOT TO BLOCK CROSSINGS. No person shall cause or permit any railway train or railway cars or similar vehicle on rails to stop or stand or to be operated in such a manner as to prevent the use of any street for the purposes of travel for a period of time longer than five 5) minutes, except that this provision shall not apply to railway trains, cars or similar vehicles on rails while blocking or obstructing a crossing because of an acci- dent which requires the operator of the train, car or similar vehicle on rails to stop at or near the scene of the accident. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁESäARTICLE III PUBLIC HEALTH & SAFETY CHAPTER 4 TRAFFIC REGULATIONS PART A VEHICULAR TRAFFIC REGULATIONS DIVISION 15 SPECIAL SPEED ZONES 3270. SPEED LIMIT ON CERTAIN ZONES. It is hereby determined upon the basis of an engineering and traffic investigation that speed permitted upon the following streets is hereby declared the prima facie speed limit shall be as hereinafter set forth on those streets or pacts of streets herein designated, when signs are erected giving notice thereof: Name of Street or Portion Affected Los Angeles Street from the West to the East City Limit Vine!and Avenue between Francisquito Avenue and the Southerly City Limits Baldwin Park Boulevard from Arrow Highway to the Southerly City Limits Maine Avenue, dark Street to Arrow Highway Puente Avenue, Pacific Avenue to Dalewood Street Francisquito Avenue, Ramona Boulevard to East City Limits BadiHo Street from Ramona Boulevard to the East City Boundary Ramona Boulevard, 605 Freeway to Badillo Street Pacific Avenue, Maine Avenue to East City Limits Declared Prima Facie Speed Limit_____ 35 miles per hour 35 miles per hour 35 miles per hour 35 miles per hour 35 miles per hour 35 miles per hour 35 miles per hour 35 miles per hour 35 miles per hour BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁETäName of Street or Declared Prima Facie Portion Affected Speed Limit_____ Parking lot on North 15 miles per hour side of Ramona Boulevard between Baldwin Park Boulevard and Downing Avenue, and parking lot on South side of Ramona Boulevard between Baldwin Park Boulevard and Bogart Avenue 3271. REGULATION OF SPEED BY TRAFFIC SIGNALS. The Director is authorized to regulate thetlming of traffic signals so as to permit the movement of traffic in an orderly and safe manner at speeds slightly at variance from the speeds otherwise applicable within the district or at intersections and shall erect appropriate signs giving notice thereof. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEUäARTICLE III PUBLIC HEALTH & SAFETY CHAPTER 4 TRAFFIC REGULATIONS PART A VEHICULAR TRAFFIC REGULATIONS DIVISION 16 PRIVATE PROPERTY TRAFFIC REGULATIONS 3280. PARKING ON PRIVATE PROPERTY PROHIBITED. No person shall stop. stand, park or leave standing, any motor vehicle, as that phrase is defined in the Vehicle Code of the State of California, whether attended or unattend- ed, on any private property within the City, except with the consent of the owner or person in possession of such private property. Such consent, for the purpose of this Section, shall be deemed, for all purposes, not to have been given if the said private property has displayed thereon, in p1ai/> view, a sign which: a) states that public parking is prohibited; and b) refers to this Code Section; and c) contains the telephone number of the Baldwin Park Police Department. 3281. PARKING ON PRIVATE PROPERTY. SIGNS. The owners or persons in lawful possession of such private property may cause vehicles parked in viola tion of Section 3280 hereof, to be removed in accordance with the provisions of the Vehicle Code of the State of California. 3282. SPEED ON PRIVATE PROPERTY. No person shall drive or operate any motor vehicle in a private driveway or on private property in excess of fifteen 15) miles per hour when the owner of said driveway or property has erected a sign i»''r»j ict^cc thereof. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEVäARTICLE III PUBLIC HEALTH & SAFETY CHAPTER 4 TRAFFIC REGULATIONS PART B BICYCLE REGULATIONS 3300. LICENSE REQUIRED. No person shall operate a Mcycle propelled wholly or in part by muscular power, upon any street of the City, without first obtaining a license therefor. 3301. DURATION OF LICENSE. The Police Chief or such other person as may be designated by City Council is hereby authorized and directed to issue, upon written application therefor, bicycle licenses which shall be effective until June 30, 1975, and will entitle said bicycle to be operated upon all the streets, exclusive of the sidewalks thereof, in the City. 3302. LICENSE PLATES AND REGISTRATION CARDS. The City shall provide reflective metallic decal-type license plates, together with registration cards, said licenses and registration cards having numbers stamped thereon in numerical order. Such licenses shall be suitable for attachment upon the frames of bicycles, and the Police Chief or such other person who may be de- signated by the City Council shall attach one such license to the frame of each bicycle, and shall issue a corresponding registration card to the owner thereof upon the payment of the license fee herein provided for. Such license shall remain attached during the existence of such license. The Police Chief or other such person who may be designated by the City Council shall also keep a record of the date of issue of each license, the number thereof, the name and address of the licensee, and the make, type and model of the licensed bicycle. 3303. ffUYINC Am SELLING BICYCLES. All pe'^ons engage n the business of buying second-hand bicycles are hereby required to make a weekly report to the Chief of Police, giving the name and address of the person from whom each bicycle is purchased; year, make and serial number of bicycle; general descrip- tion of bicycle; and the number of the license found thereon, if any. All per- sons engaged in the business of selling new or second-hand bicycles are hereby required to make a weekly report to the Chief of Police, giving a list of all sales made by such dealers, which list shall include the name and address of each person to whom sold; year, make and serial number of bicycle; general description of bicycle; and the number of the license attached thereto, if any. 3304. REPORT OF SALES. Every person who sells, or transfers ownership of, any bicycle, shall report such sale or transfer to the Chief of Police and return to the City Clerk or such other person who may be designated by the City Council the registration card issued to such person, together with the name and address of the person to whom said bicycle was sold or transferred, and such report shall be made and said registration card returned within ten BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEWä10) 4^ys 6f the rfate of said sale or transfer. The purchaser or transferee of such bicycle shall apply for a transfer or registration therefor, within ten 10) days of said sale or transfer, and a new registration card shall be issued to him. 3305. REMOVING OR ALTERING PLATES, ETC. No person shall willfully or maliciously remove, destroy or alter the number of the frame of any bicycle licensed pursuant to this Part. No person shall remove, destroy or alter any license or registration card during the time in which such license or regis- tration card is valid; provided, however, that nothing in this Part shall prohibit the Chief of Police from stamping numbers on the frames of bicycles on which no serial number can be found, or on which said number is illegible or insufficient for identification purposes. 3306. LICENSE FEE. The license fee to be paid for each bicycle shall be as set by resolution of the City Council and shall be paid in advance. Licenses Issued hereunder shall not be transferable from one bicycle to an- other. All license fees collected under this Part shall be paid into the General Fund of the City. 3307. EXISTING LICENSES. Any bicycle license issued by the City before the effective date of this Part shall expire one year after its Issuance or 180 days after the effective date of this Part whichever is later. 3308. REPEAL OF PART. This Part shall be operative until June 30. 1975. and as of that date is repealed. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEXäARTICLE III PUBLIC HEALTH & SAFETY CHAPTER 5 ANIMAL CONTROL 3400. ADOPTION OF THE ANIMAL CONTROL ORDINANCE. a) Adoption. Subject to the amendments and deletions hereinafter set forth, the Animal Control Ordinance of the County of Los Angeles", the same being Ordinance No. 4729 as amended through, and including, June 30, 1974 is hereby adopted by this reference, as the Animal Control Ordinance for the City of Baldwin Park hereinafter referred to as Animal Control Ordinance"). Three 3) copies of said Animal Control Ordinance ere o.. f'^e n hr* off^e of the City Clerk of the City of Baldwin Park and are available for inject o' M interested members of the public. b) Definitions. Wherever in said Animal Control Ordinance the following words or phrases are used, they respectively, shall have the following meanings ascribed to them: 1) County or County of Los Angeles shall mean the City of Baldwin PaTR; and 2) County Clerk shall mean the City Clerk of the City of Baldwin Park; and 3) Unincorporated Territory shall be deemed to refer to the City of Baldwin Park. c) Amendments. Deletions. 1) That Article VI of said Animal Control Ordinance, consisting of Sections 601 through 627, inclusive, is hereby deleted. 2) That Section 411 of said Animal Control Ordinance is hereby amended to read as follows: Section 411. Every person owning or having custody or control of any dog over the age of four months in the unincorporated territory of the County of Los Angeles not covered by the provisions of Settion 410 shall first obtain an annual license from the Director for each of such dogs and at the same time obtain a dog license tag, and for such license or licenses, shall pay a fee as set by resolution of the City Council. 3) That Section 421 of said Animal Control Ordinance is hereby amended to read as follows: Section 421. Whenever dog license tags are issued and not covered by Section 410, any such tag shall be issued for one-half or less of the fee required for a dog, if a certificate is presented from a licensed veterinarian that the dog has been spayed or neutered as pro- vided in Section 30804.5 of the Food and Agricultural Code. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEYäARTICLE III PUBLIC HEALTH & SAFETY CHAPTER 6 PARKWAY TREES 3500. DEFINIHONS. For the purpose of this Chapter certain terms and words are hereby defined as follows: a) Director shall mean the Director of Public Works of the City; b) List shall mean the Approved Parkway Trees and Planting Materials List of the City as approved by the City Council; c) Maintain or Maintenance' shall mean and include, but not be limited to, chipping, spraying, fertilizing, staking and tying, treating for disease or injury, and any other similar acts, which promote the life, growth, health or beauty of trees; d) Plan shall mean the Comprehensive Plan for the Planting and Maintenance of Trees in Public Areas" in the City as approved by the Council; e) Parkway shall mean those strips of land between lot lines and por- tions of abutting public streets utilized for vehicular traffic, which are owned by the City in fee, or, as to which, the City has an easement for public street purposes; f) Public Area shall mean parks, playgrounds, and areas around public buildings or other areas maintained by the City; g) Street shall mean to include any public street, avenue, boulevard, lane, walk, road, parkway, right-of-way or other public way, except alleys; h) Parkway Tree is defined to include any tree planted for the purpose of providing shade or beauty to the street area; i) Tree shall mean any tree planted or maintained by the City located in a parkway or in a public area; j) Beautification Projects shall mean any area improved, landscaped, or maintained by the Public Works Department. 3501. LIST. The Director shall prepare, for approval of the Council, the list containing the types of varieties of trees for planting in all park- way? and in all public areas within the City. 3502. PLAN. The Director shall prepare*for approval by the Council the plan for the planting and maintenance of trees in streets and public areas in the City, which shall include in general, maps of streets and public areas in BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEZäthe City, upon which there shall be designated a general plan for the uniform planting of trees, and specifications for the size and type of such trees per- missible within parkways within the City. 3503. INTERFERENCE WITH PLANTINGS. No person shall place fences, rocks. gravel, signs, stakes, or any other objects immediately adjacent to a tree, excepting watering basins for young trees, and objects for the temporary pro- tection of new plantings of ground cover. 3504. MAINTENANCE BY OWNER. Except as provided in Section 3505 it shall be the sole responsibility of the owner or person in possession of each lot in the city to properly maintain in parkways abutting such lots all plants and other vegetation located therein. 3505. MAINTENANCE BY CITY. The City shall be responsible for maintenance of all trees within public areas and parkways. 3506. REMOVAL OF TREES. Whenever the owner of a lot desires to have a tree removed from an abutting parkway, he shall file a written request there- for for approval by the City Council. If the tree is found to be in good condition and the request is granted solely for the convenience of the appli- cant, then the full cost, including overhead, of such removal and replanting as necessary, shall be borne by the person making such request and the esti- mated amount, as determined by the Director, shall be paid to the Finance Director before removal shall take place. 3507. PROHIBITION AGAINST INJURY TO STREET TREES. No person shall re- move, trim, prune, or cut any tree located in a public area or a parkway ex- cept as provided herein. No person shall injure or destroy any such tree by any means, including but not limited to, the following: a) By constructing a concrete, asphalt, brick or gravel sidewalk or otherwise filling up the ground area around any such tree so as to shut off its air, light or water from its roots 42" x 42" closing); b) By piling building material and equipment or other substance and materials around any such tree or shrub so as to cause injury thereto; c) By pouring any deleterious matter on or around any tree or shrub or on the surrounding ground, lawn or sidewalk; d) By posting any sign, poster or notice on any such tree, tree stake or guard or by fastening guide wires, cables, ropes, nails, screws or other devices to any tree, tree stake or guard; e) By causing or encouraging any fire near or around any such tree. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE[ä3508. REMOVAL OF TREES BY CITY. Notwithstanding any other provision of this Chapter, the Director Shall order the removal of any tree where such is necessary to eliminate a hazard to person or property. No other tree shall be removed except with the consent of the City Council. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE\äARTICLE III PUBLIC HEALTH & SAFETY CHAPTER 7 DISORDERLY CONDUCT 3600. INTOXICATION. IN PRIVATE. No person shall be in any private house or on any private premises, in the City in a state of drunkenness or intoxication to the disturbance of any other person. 3601. PROFANITY. No person shall use vulgar, profane, or indecent language on any public street or other public place or place of business open to public patronage. 3602. GAMBLING PROHIBITED. It shall be unlawful for any person to deal. play, carry on, open or conduct any game or contest played with cards, dice, or any other device, for money, checks, credit or thing of value; nor shall any person bet at any of said prohibited games. This Section shall not be deemed or construed as prohibiting any act made unlawful by any section of the Penal Code of the State of California, including, but not limited to. Sections 320, 320a. 330 and 337a thereof. 3603. MINORS. LOITERING. No person under the age of eighteen 18) years, shall loiter in or about any public street, avenue, alley, park or other public place in the City, between the hour of 10:00 o'clock P.M. of any day and the time of sunrise of the following day unless accompanied by his parent or legal guardian jiavjng legal custody and control of such person^ or by the spouse over eTgffteen years of age of such person. The word loiter" used herein shall mean to idle, to loaf, to stand idly by, or to walk, drive or ride about aimlessly without lawful purpose. 3604. RESPONSIBILITY OF PARENT. No parent, guardian, or other person having the legal care, custody or control of any person under the age of eight- een years, shall knowingly aid, abet or encourage such minor to violate the provisions of Section 3603 thereof. 3605. INJURING PUBLIC PROPERTY. No person shall injure, destroy or damage any ornament, improvement, building or structure located in any public place, owned by the City. 3606. FALSE REPORTS. No person shall make to the Police Chief or Fire Chief of the City, or to any City Policeman or Fireman, any false, misleading or unfounded report for the purpose of interfering with the operation of the Police or Fire Department or with the intention of misleading any member of either of said departments. 360/. DISCHARGING GUNS. No person shall shoot, fire 01 s.-:L.'idr:e. any pistol, rifle, gun or other firearm, or any pistol, rifle or gun op3rared by con.oressed air, or a spring device, including, but not limited to, B.B. or pel let guns, not necessary in self-defense, or in performance of an official duty within the City. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE]ä3608. FORTUNE TELLING. No person shall carry on, practice, or profess to practice the business or art of astrology, phrenology, life reading, fortune telling, clairvoyance, clairaudience, crystal gazing, hypnotism, mediumship, mesmerism, oriental mysteries, palmistry, spirit photography, spirit writing, spirit voices, spirit materialization, etherealization, numerology, augury, divination, or other similar or related art or business, who demands or receives directly or indirectly a fee or regard, or who demands or receives any donation for the exercise or exhibition of his art or, an admission fee, donation, or reward is charged or received, directly, as a fee or reward, or who accepts any donation for such teaching or instruction. 3609. NOISE. It shall be unlawful for any person to make, cause, or permit, any loud Or unusual noise emanating from any activity carried on real property owned or occupied by such person, which has the effect of disturbing the peace and quiet of the neighborhood, or which directly causes an unreason- able interference with the use, enjoyment and/or possession of any real prop- erty owned or occupied by any other person. 3610. SOUND AMPLIFYING EQUIPMENT. USE OF. a) Application of Section. No person shall use sound amplifying equip- ment within the City, except in compliance with the provisions hereof. Sound Amplifying Equipment" as used herein, shall mean any device or equipment which amplifies the volume of any sound. b) Commercial Activities. No person shall use any sound amplifying equipment for the purpose of advertising the sale or lease of any goods, wares, merchandise or services, except: 1) within an enclosed building in a manner permitted pursuant to Section 3609 hereof; or 2) if the sound amplifying equipment is affixed to, or mounted in, a motor vehicle, and the goods, wares or merchandise being ad- vertised for sale are available in such vehicle; and the sound being amplified is a sound, other than the human voice, which is customarily utilized in conjunction with the sale, by vehicle, or such goods, wares and merchandise provided that such activities may be conducted only between the hours of 10:00 A.M. and 10:00 P.M. of any day. c) Non-Commercial Activities. The use of sound amplification equipment for non-com|n6rcia1 activities shall be permitted, subject to the following: 1) that such use shall be permitted only when the sound amplifying equipment is mounted in or affixed to, a motor vehicle; and 2) that such use shall be permitted only between the hours of 10:00 A.M. and 10:00 P.M. of any day. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE^äd) Nothing contained herein shall be deemed to prohibit the use of sound amplifying equipment, or other similar equipment, by any person at his place of residence, if such use is in compliance with the provisions of Section 3609 hereof. 3611. BILLIARD AND POOL FACILITIES. a) Hours of Operation. No person shall operate or maintain for use any bin lard or pool table in any place open to the public, between the hours of 2:00 A.M. and 6:00 A.M.. of any day. b) Minors. No person under the age of 18 years shall enter, or remain in, any billiard or pool hall, or in any billiard or poolroom, which room is exclusively devoted to such use, in the City, unless such person is accompanied by his parent or guardian. No person, whether as owner, operator, or person in charge of any pool or billiard room or ha11, shall permit any person under the age of 18 years to enter, be, or remain in any such pool or billiard room or ha11. 3612. AUTOMATIC COMMUNICATION DEVICES. No person, except a public utility engaged in the business of providing communication services and facilities. shall use or operate, attempt to use or operate, or cause to be used or oper- ated, or arrange, adjust, program or otherwise provide or Install any device or combination of devices that will upon activation, either mechanically, elect- ronically or by other automatic means, initiate an intrastate call and deliver a recorded message to any telephone number assigned to any subscriber by a public telephone company, without the prior written consent of such subscriber. The term telephone number" includes any additional numbers assigned by a public utility company engaged in the business of providing communication services and facilities to be used by means of a rotary or other system to connect with the subscriber to such primary number when the primary telephone number is in use. 3613. EXPOSURE BY WAITERS, WAITRESSES AND ENTERTAINERS. a) Prohibitions—-Waiters, Mattresses, Entertainers. Every person is guilty of a misdemeanor who, while acting as a waiter, waitress or entertainer in an establishment which serves food, beverages, or food and beverages, in- cluding, but not limited to, alcoholic beverages for consumption on the pre- mises of such establishments: 1) Exposes his or her genitals, pubic hair. buttocks, natal cleft, perineum, anal region or pubic hair region; or 2) Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE_ä3&T3. Cwtinuerf) 3) Exposes any portion of the female breast at or below the areola thereof. b) Employment or Payment Not Necessary for Offense. A person shall be deemed to be a waiter, waitress or entertainer If such person acts in that capacity without regard to whether such person is paid any compensation by the management of the establishment in which the activity is performed. c) Prohibitions Public Performance. Every person is guilty of a misdemeanor who, while participating in any live act, demonstration or exhibition In any public place, place open to the public or place open to public view: 1) Exposes his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or 2) Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or 3) Exposes any portion of the female breast at or below the areola thereof. d) Counseling or Assisting. Every person is guilty of a misdemeanor who causes, permits, procures, counsels or assists any person to expose or simulate exposure as prohibited by this Section. e) Exemption of Theatrical Establishments. The provisions of this Section shall hot apply to a theater, concert hall or similar establishment which is primarily devoted to theatrical performances. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE`äARTICLE III PUBLIC HEALTH & SAFETY CHAPTER 8 PUBLIC PARKS PART A GENERAL 3700. DEFINITIONS. The following words and phrases shall, for the pur- pose of this Chapter, have the following meanings ascribed to them, unless the context clearly indicates a different meaning: a) Alcoholic Beverage shall mean alcohol, spirits, liquor, wine, beer and every liquid or solid containing one-half 1/2) of one 1) oercent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances. b) Chief shall mean the Police Chief of City. c) City shall mean the City of Baldwin Park. d) City Manager shall mean the City Manager of City. e) Commission shall mean the Recreation and Parks Commission of City. f) Council shall mean the City Council of City. 9) Department shall mean the Recreation and Parks Department of City. h) Director shall mean the Director of Recreation and Parks, his deputy. or other persons authorized by him to act in his stead. i) Notice shall mean written notice, given by personal service or United States Postal Service, postage prepaid, addressed to the person to be notified, at his last known address. Notice shall be deemed given, for all purposes, when the same is deposited in the course of transmission of the United States Postal Service, or at the time of personal service. j) Park shall mean every park, roadside rest, and every other recreation facility, designated as such, owned, managed or controlled by the City. k) Park Maters shall mean any lake, reservoir, pond, swimming pool, or other body of water or any source of domestic water within a park. 1) Permit shall mean a Park Permit required pursuant to Part B hereof. m) Permittee shall mean the holder of a permit. 3701. COMPLIANCE. No person shall enter, be or remain. In any park un- less he complies with all of the regulations set forth in this code applicable thereto. 3702. FEES. Fees for the use of park facilities shall be as set by resolu- tion of the City Council. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEaäARTICLE III PUBLIC HEALTH & SAFETY CHAPTERS PUBLIC PARKS PART B PARK PERMITS 3710. USE OF PARK FACILITIES. PERMITS. No person shall occupy, in a group, or as part of a group, of twenty-five 25) or more persons, any portion of any public park, or any building or structure located therein, for any pur- pose or activity, unless: a) the group has obtained the sponsorship of the Department for such activity or use, as a part of the City*s comprehensive recreation program; or b) the group has obtained a Park Permit from the Director for such occupancy or use, in the manner hereinafter set forth. 3711. PERMIT PROCEDURE. A Park Permit shall be obtained, except as pro- vided in Section 3710 a) hereof, from the Director before any person shall: a) occupy any part of any park within the City, in a group, or as part of a group, in excess of twenty-five 25) or more persons; or b) occupy, as a part of any such group, any part of any park or park facility, on a reserved or exclusive use basis. Applications for Park Permits shall be submitted to the Director at least fifteen 15) days, but not more than ninety 90) days, in advance of the pro- posed date of use. Such applications shall be on forms prepared by said Director, and each such applicant shall submit the following information upon said applications: 1) name and address of applicant; 2) name and address of the principals of said applicant, if a corporation, unincorporated association or other type of group, together with any individuals who sponsor such applicant; 3) the day and/or days, and hours for which permit is desired; 4) a description of that portion of park facility proposed for such use; 5) an estimate of the anticipated attendance; 6) any other information which the Director shall deem necessary and/or appropriate for the protection of park property and to assure the public a reasonable use of the park. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEbä37T2. PERMIT ISSUANCE. DENIAL. APPEAL. a) Issuance, Upon receipt of an application in the form hereinabove described, the Director shall issue the Park Permit therein requested, unless he finds any of the following facts to be present: 1) That the proposed activity or use will unreasonably interfere with the general public enjoyment of the park or portion thereof; 2) That the proposed activity or use will unreasonably interfere with the public health, welfare, safety, and interest; 3) That the proposed activity or use is unlawful; 4) That the proposed activity or use will entail unusual, extra- ordinary or burdensome expense to the City, or involve extensive police operations to the detriment of the general welfare; 5) That the facilities desired to be used have been previously reserved for another use at the time and place requested 1n the applica- tion. b) Denial. The Director shall deny the issuance of any Park Permit if he finds, from the application and his investigation, that any of the facts set forth in Subparagraph a) hereof are present. c) Referral. The Director may refer any application to any other City Department for Investigation and report, as may be necessary to allow him to properly evaluate the said application. d) Suspension. The Director shall suspend any such Park Permit if he finds that operations under the said permit will or have, violated any pro- visions of this Code, or any other applicable law, regulation or any other good cause. Such suspension shall be deemed a revocation, if an appeal is not time- ly filed. e) Notices. Notice of the action taken by the Director, with reference to a permit application, shall be given to the applicant and any other person requesting the same. f) Appeal. Any person dissatisfied with the decision of the Director with respect to the issuance, conditional issuance, denial or suspension, of a Park Permit, may appeal the said decision to the City Council. The decision of the Director shall be final and conclusive with the absence of the filing of such an appeal, in the time and manner set forth in Section 2900 et seq hereof. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEcä3713. APPLICANT'S RESPONSIBILITY. Each permittee shall observe all re- gulations applicable to conduct in public parks as set forth in this Code, and any other applicable law or regulation. Prior to the actual issuance of any permit the applicant shall sign and file with the Director a statement agreeing to hold the City, its officers and/or employees, free and harmless from any loss, damage or injury sustained, arising out of, or by virtue of, the issuance of such permit and the use and/or operation thereunder. In addition, the app11 cant shall also agree that if any damage is done to any City property or equip- ment, the applicant, upon receipt of a City invoice therefor, shall reimburse the City. Should litigation be necessary to enforce such a claim in favor of the City, the applicant shall pay to the City reasonable attorney fees as determined by the court. 3714. CONDITIONS OF APPROVAL. Conditions of approval may be imposed by the granting body upon the issuance of a park permit, to insure compliance with the provisions of this Code, including, but not limited to, requiring the applicant to take out and maintain liability Insurance, in minimum amounts approved by the City Manager, If the proposed activity appears hazardous so as to require such Insurance. If so required, the policy shall name the City as co-assured. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEdäARTICLE III PUBLIC HEALTH & SAFETY CHAPTER 8 PUBLIC PARKS PART C CONDUCT IN PUBLIC PARKS 3720. REGULATIONS FOR CONDUCT IN PUBLIC PARKS. The following rules and regulations shall control the conduct of all persons in or upon public parks located within the City of Baldwin Park. a) Disposal of Rubbish, No person shall bring to or deposit in, any park for the purpose of disposing of garbage, refuse, bottles, glass, crockery or cans and place same in any park or receptacle maintained for that purpose. b) Weapons. No person shall have in his possession in any public park any firearms, air gun, illegal knives, slingshot, bow and arrow or B-B gun, nor shall any person discharge or shoot any firearm, air gun, slingshot, bow and arrow or B-B gun within any public park within the City. except when per- mitted by the Director as a part of a City sponsored or authorized recreational activity. c) Firecrackers. Fireworks, No person shall have in his possession, nor shall any person fire or discharge, in any public park, any fireworks, as that phrase is defined in the Health & Safety Code of the State of California, unless authorized by express provisions of this Code, or as a part of a City sponsored or authorized public fireworks display. d) Flora. No person shall dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower or any portion thereof, growing in any public park; nor shall any person remove or deface or destroy any wood, turf, grass, soil, rock, sand or gravel from any public park. e) Park Structures. No person, other than a duly authorized City em- ployee or agent shall: 1) Cut, break, injure, deface or disturb any rock, building, cage, pen, monument, sign, fence, bench or any other structure, apparatus or equipment or property of the City, or any portion thereof. 2) Mark or place on any such structure or any portion thereof, any mark, writing or printing, 3) Attach thereto any sign, card display or other similar device. f) Fires, No person shall light or maintain any fire unless: 1) He first obtains from the Director a written authorization BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEeä3720. Continued) therefor; and 2) Such fire is lighted and maintained in a stove, fire circle, or other place or receptacle provided Tor that purpose. g) Disturbance. A person shall not disturb the peace and quiet of any park by: 1) Any unduly loud or unusual noise; or 2) By tooting, blowing, or sounding any automobile siren, horn, signal or other noise-making device; or 3) By any tumultuous conduct; or 4) By the use of any vulgar, profane or indecent language, therein. h) Animals, No person shall bring into any public park any cattle, horse, mule, goat, sheep»swine dog, cat or any animal of any other kind, except that dogs or cats may be permitted in the park if same are kept upon a leash under the full control of its owner or person in possession. If the Director finds that at certain times, under specified restrictions, and at designated places, a person can ride a horse, mule, burro or donkey, or other similar animal, or can lead such animal without interference with the use of a park, he may grant such person permission to do so. i) Motor Vehicles* No person, other than City employees, shall operate a motor vehicle, including house trailers, on any part of any park, except that If the Director finds that at certain times, under specified restrictions, and at designated places, a person can operate a motor vehicle so as to not to interfere in any way with the use of any park, he may grant such person per- mission so to operate such motor vehicle. j) Solicitation. A person shall not solicit in any manner or for any purpose, or sell or offer for sale, any goods, wares, or merchandise, therein, except: 1) by any City granted concession; or 2) if a City authorized or supported sports team, which is a member of a regular City authorized or supported league, admits all members of the general public to the extent of capacity, without discrimination, and without charge to any game played, such team may solicit voluntary contributions from the spectators attending such game. k) Alcoholic Beverages, No person shall enter, be, or remain in any public park while in possession of, transporting, purchasing, selling, giving BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEfä3720. Continued) away or consuming, any alcoholic beverages. 1) Hours of Use. No person shall be, remain, stay or loiter in any park, or building therein, between the hours of 10:00 P.M. and 5:00 A.M. of the following day, without first obtaining written permission from the Director therefor. m) Overnight Camping. The Director may permit any youth group to camp overnight at a designated location in a park, if the members of such group will be supervised during such camping by an adequate number of responsible adults and if such overnight camping will not interfere with, or in any way be detrimental to the park, or interfere with the use thereof. Upon the granting of such approval, the members of the youth group and its adult supervisors may camp at the time, location, and under the conditions specified in said permit. n) Changing Clothes. A person shall not change clothes on the edges of park waters or in any comfort station, except in that portion of a park building, designated for such purposes. o) Hashing. A person shall not place in any park waters any edible, dish, or utensil, or cleanse in any park waters any such edible, dish, or utensil, or wash or commit any nuisance in or near such waters or pollute any park waters, wash or cleanse in park waters any portion of the body. p) Swimming. A person shall not swim in any park waters or pool except at the places and times designated by the Director. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEgäARTICLE III PUBLIC HEALTH & SAFETY CHAPTER 9 PARADE AND DEMONSTRATION PERMITS 3730. PARADE AND DEMONSTRATION PERMITS. No person shall sponsor, or take part in, directly or indirectly, any parade or other demonstration in any public park, street or other public place without first obtaining a permit therefor, in the manner hereinafter specified. Written applications for such parade and demonstration permits shall be on the forms prescribed by the City Manager, which shall contain the information deemed necessary by him in order to allow a determination as to whether such parade or demonstration permit shall be issued or not. 3731. APPLICATIONS^ a) Issuance of Permit. Upon written application, the City Manager shall issue a Parade Permit authorizing, either or both, a parade or public demonstration, providing that he finds that the issuance and exercise of such a permit: 1) will not constitute or create a traffic hazard; nor 2) result, or lead to injury to person or property; nor 3) Interfere, substantially with the use of such public place, proposed for such use; nor 4) disturb the public peace, health, welfare or safety. b) Filing and Processing Fee. A filing and processing fee, as set by resolution of the City Council, shall be paid contemporaneously with the filing of said application. c) Investigation. If the City Manager finds, upon an Investigation based upon a written application, that there is a reasonable likelihood that any of the circumstances set forth in a) above will occur by reason of such Issuance, he shall refuse to issue such permit. d) Conditions. He may, upon issuance of such permit, condition the same in such a manner so as to insure that the purposes of this Chapter are met. e) Notice. The City Manager shall, forthwith, give the applicant, and any other person requesting the same, notice of his determination with regard to a permit application. 3732. SUSPENSION. REVOCATION. The City Manager shall suspend any such permit if he finds that operations under said permit will or have, violated any provisions of this Code, or any other applicable law. Such suspension shall be deemed a revocation. If an appeal is not timely filed, as hereinafter provided. Notice of suspension shall be given to the applicant and any other BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEhäperson requesting the same, and shall be effective immediately upon personal service of such notice on the applicant, or 24 hours after the deposit of the same in the course of transmission of the United States Postal Service. 3733. APPEAL. Any person dissatisfied with the decision of the City Manager with respect to the issuance, conditional issuance, denial or sus- pension, of such a permit, may appeal the said decision to the City Council of the City; in the case of suspension, such an appeal shall only be timely filed not later than the next business day following the giving of notice of such suspension. In the absence of a timely filed appeal, his decision shall be final and conclusive. Such appeal shall be filed in the time and manner set forth in Section 2900 et seq hereof. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEiäARTICLE III PUBLIC HEALTH & SAFETY CHAPTER 10 REFUSE COLLECTION AND DISPOSAL 3800. DEFINITIONS. For the purpose of this Chapter, certain words and phrases shall be construed as herein set forth, unless it Is apparent from the context, that a different meaning is intended: a) Contractor shall mean a person who is a party to a written agreement with the City providing for the right to collect garbage and rubbish from resi- dential units within the City. b) Garbage shall mean any and all refuse and waste material derived from the preparation, use and consumption of meats and foods, and all other noxious or offensive matter or material, usually and ordinarily referred to as garbage or market refuse. c) Garbage Receptacle shall mean a fly proof, water-tight metal or wooden receptacle, having a close fitting cover and provided with handles, having a capacity of not more than 16 gallons. d) Garbage and Rubbish Collector shall mean any person engaged in conducting, managing or carrying on a business or collecting and/or disposing of garbage and/or rubbish. e) Franchisee shall mean any person holding a valid franchise, in form, a business license issued pursuant to this Chapter, authorizing such indivi- dual to engage In the activity of garbage and rubbish collection and disposal. f) Residential Units shall mean the following: 1) Residential Unit, Multiple shall mean one or more rooms in a building or portion thereof designed and intended, or used, for occupancy by one family for living and sleeping quarters and containing only one kitchen; and 2) Residential Unit, Single shall mean a building designed or exclusively used for occupancy by a single family. g) Rubbish shall mean refuse matter, combustible and non-combustible, Including tin cans, bottles, papers, ashes, wire, vegetative waste materials, crockery, glass, bricks, concrete and all other matters and materials similar to those herein set forth. h) Rubbish Receptacle shall mean a container of durable material weighing, when loaded, not more than 75 Ibs. Cardboard boxes shall not be BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEjädeemed to be rubbish receptacles. 3801. COLLECTION OF GARBAGE AND RUBBISH. The collection and disposal of garbage and rubbish Is a matter requiring control and regulation by the City, in the manner hereinafter set forth in this Chapter, in order to protect the public peace, health, safety and gpneral welfare. The regular, thorough and continuous collection thereof, is necessary to protect said public peace, health, safety and general welfare. In order to insure that such will be ac- complished, it is necessary to issde non-exclusive franchises to qualified garbage and rubbish collectors in the manner hereinafter set forth. 3802. PLACE OF BUSINESS. Each garbage and rubbish collector shall have and maintain a fixed place of business in. or adjacent to, the City of Baldwin Park. Each garbage and rubbish collector shall maintain: a) Telephone service at such place of business; and b) An accurate list of a11 customers served by the said Collector within the City. Such records shall be open and available for reasonable inspection by the City Manager or his authorized agent. 3803. EQUIPMENT. All vehicular equipment used by a garbage and rubbish collector shall be maintained in a clean and sanitary condition, and shall have prominently displayed thereonf, the name, address and telephone number of the collector. 3804. FRANCHISES. a) Fees. Applications. The City Manager shall issue non-exclusive franchisesTTn form business licenses, to qualified garbage and rubbish col- lectors, provided that each such applicant shall prepay a yearly fee as set by resolution of the City Council as and for such franchise, and submit to the City Manager an application form containing information required by the City Manager to enable him to determine whether such applicant is equipped and able to collect garbage and rubbish in accordance with the provisions of this Chapter. Upon a finding by the City Manager that such applicant is able to perform such services, the City Manager shall issue one or more non-exclusive franchises to such applicant. No application therefor shall be accepted later than December 1st of the calendar year preceding the year during which the applicant desires to operate. If, as of December 1st, of any year, the City Manager receives applications in excess of the number of franchises permitted by this Section, the City Manager shall issue such franchises with preference given to those persons who have held prior franchises for such collection. The City Manager shall give a written notice, by United States Postal Service, postage prepaid. addressed to the applicants at their last known address, not later than December 5th of each year, of the issuance or denial as to any franchises. b) Number of Franchises. Franchises shall be issued in accordance with BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEkäthe following formula: one franchise for each 2,500 persons residing in the City, as shown by the latest available census of the City as of January 1, of each calendar year, plus one additional license. c) Appeal. Any decision of the City Manager with regard to the issuance or the failure to issue any such franchise shall be subject to appeal to the City Council, upon the aggrieved party filing an appeal from such decision in the time and manner set forth in Section 2900 et seq hereof. d) Contract. In the event that the City Council enters into an exclu- sive contract or contracts for the collection of garbage and rubbish from residential units as herein defined, the City Manager shall issue non-exclusive franchises permitting commercial and industrial garbage and rubbish collection only. and the number of such franchises shall not exceed one for each 200 com- mercial or industrial establishments or fraction thereof, within the City. The total number of such commercial and industrial establishments shall be conclusively established for the purpose of this Section, by reference to business license records of the City. The fee for each such franchise shall be set by resolution of the City Council; the effective issuance date shall be January 1st, and such franchises shall be valid for a period of one year. 3805. CONTRACT FOR GARBAGE AND RUBBISH DISPOSAL, If the City Council finds that the public interest, convenience and necessity so requires, it may contract with any one or more qualified persons, on an exclusive or non-ex- clusive basis, for the collection and disposal of garbage and rubbish from residential units within the City. In such event, said agreement shall pro- vide for such Contractor to collect, take, remove and dispose of garbage and rubbish from residential units within the City for the period and times speci- fied In said agreement, upon such compensation as may be therein agreed upon between the City and such Contractor. Where such contract Is entered into during a year when the Contractor has one or more valid franchises permitting him to collect garbage and rubbish from residential units, such franchise fees shall be prorated and a refund made to such Contractor as of the effective date of such written agreement. 3806. GARBAGE AND RUBBISH SERVICE FEES. a) Residential. Fees for single family and multiple residential units shall be set by resolution of the City Council. b) Commercialand Industrial. The maximum rates permitted for the collection of garbage and rubbish from commercial and industrial establish- ments, due to their peculiar individual nature, cannot be established upon a fixed rate basis, and therefor, the following formula shall be applied to fix such rates; the maximum rates to be allowed for the collection of garbage and rubbish from commercial and Industrial establishments shall be fixed by the franchisee and the individual commercial and/or industrial establishment; such rates shall be filed with the City Manager and that rate shall be prima facie evidence that the rate so agreed upon is not excessive and provides a BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEläfair and reasonable return to the franchisee for his services. In the event that any commercial or industrial establishment is unable to agree with the franchisee as to a specific rate for such collection, such concern and fran- chisee shall submit to the City Manager a statement of what each proposes as the fair and reasonable charge for such collection services. The City Manager shall attempt to resolve the difficulties between the franchisee and s(Jch^i,nclu§tfria1 or commercial concern; if he is unable to do so, the matter sh^lOe, retired to.the City Council for a final determination of such rate. The City.Council-,. shall give each side a reasonable opportunity to be heard prior to making a determination as to the rate. The determination of the City Council shall be final and conclusive. c) Responsibility for Payment of Fees. The owners or occupants of residential units, single, shall be solely responsible to the franchisee or Contractor for the payment of the fees hereinabove set forth; the owner of residential units, multiple, shall be solely responsible for the payment of fees to the franchisee or Contractor as herein set forth. The City shall nofc be responsible for payment of any such fees to any franchisee or Contractor. 3807. REVOCATION OF LICENSE. In the event that the City Manager deter- mines that any franchisee shall have failed for a period of 7 days to provide regular, thorough and continued collection services to any person served by such franchisee, except as herein provided, the City Manager shall revoke such franchise. Any determination of the City Manager with regard to the revocation of a franchise, shall be subject to an appeal to the City Council in the time and manner set forth in Section 2900 et seq hereof. 3808. TRANSPORTATION OF GARBAGE AND RUBBISH. No person shall collect, carry, convey or transport garbage or rubbish upon or through any street, alley or public place within the City unless such person is: a) an officer or employee of the City; or b) the holder of a valid franchise issued pursuant to the provisions of this Chapter, or his authorized agent or employee; or c) a person who has a valid written agreement with the City pursuant to Section 3805 hereof, or an agent or employee of such person; or d) any person disposing of his own garbage or rubbish. 3809. DISPOSAL OF GARBAGE AND RUBBISH. Garbage and rubbish to be dis- posed of by any person shall be removed from and disposed of, outside of the corporate limits of the City, or at some location within the City permitted pursuant to the City's zoning regulations. No person, except for persons referred to in Section 3808 d) shall haul or transport any garbage through the City, or in and along any public street or other public place in the City, except in water-tight covered motor vehicles, BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEmä3901. Continued) at all time while water is kept in the pool. f) Gates. All gates or doors opening through the fence or structure protecting a swimming pool as required by this Chapter, shall be equipped with self-closing and self-latching devices not less than four 4) feet above grade capable of keeping such gate or door securely closed at all times not in actual use. All doors or gates shall be of such size as to completely fill any opening in the fence or wall. The owner or person in possession of the premises on which such swimming pool exists shall keep such doors and gates closed and securely latched at a11 times when such swimming pool is not in use. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEnäARTICLE IV BUSINESS LICENSES AND PERMITS CHAPTER 1 BUSINESS LICENSES PART A GENERAL 4000. DEFINITIONS. a) Business. As used in this Chapter, the word business' shall include all professions, trades, occupations and any other kind of calling, whether or not carried on for a profit. The phrase engaged in business' shall mean the operating, conducting, managing or carrying on of any business within the City whether or not at a fixed place of business, i.e., an office, shop, store, etc., located within the City. b) Employee. As used in this Chapter, Employee' shall mean any person engaged, full time or part time, in the operation or conduct of any business, whether as owner, or any member of the owner's family or partner, or agent, or manager, or solicitor and any and all other persons employed or working in said business. c) Wheeled Vehicle. As used in this Chapter. Wheeled vehicle' shall mean and include automobile, truck, tank truck, trailer, wagon, cart and any and all other contrivances used or capable of being used as a means of trans- portation of persons or property that move or roll on one or more wheels. 4001. REVENUE MEASURE. This Chapter is enacted solely to raise revenue for municipal purposes, and is not intended as a regulatory measure. 4002. SUBSTITUTE FOR OTHER REGULATIONS. Persons required to obtain a business license and to pay a license tax for transacting and carrying on any business under this Chapter shall not be relieved from compliance with any other applicable law. 4003. EFFECT OF CHAPTER ON PAST ACTIONS AND OBLIGATIONS PREVIOUSLY ACCRUED The adoption, or subsequent amendment, of any provision of this Chapter shall not, in any manner, be construed to affect prosecution for violation of any provision hereof, committed prior to the effective date hereof; nor shall such adoption or amendment to construed as a waiver of any license or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any regulation to be posted, filed or deposited, and all rights and obligations thereunto appertaining shall continue in full force and effect. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEoä4004. BUSINESS LICENSE REQUIRED. It shall be unlawful for any person to engage in any business in the City without first obtaining a business license, and paying the license tax itherefor, in the time and manner set forth in this Chapter. This section shall not be construed to require any person to obtain a business'license or pay a license tax prior to doing business within the City if such requirement conflicts with the Constitution or applicable statutes of the United States or of the State of California. 4005. BRANCH ESTABLISHMENTS. TWO OR MORE BUSINESSES. A separate business license shall be obtained, and a separate license tax paid therefor, for each branch business establishment, provided that warehouses and distributing plants used in connection with and incidental to a business licensed under the provi- sions of this Chapter shall not be deemed to be a branch establishment. In the event that any person is engaged in more than one of several busi- nesses required to be licensed by this Chapter, in the same location, and under the same management, such person shall obtain a separate license for each such business. 4006. EXEMPTIONS. a) Nothing in this Chapter shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Con- stitution or applicable statutes of the United States or of the State of California from the payment of such taxes as are herein prescribed. None of the business license taxes provided for by this Chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a business license tax is believed by a licensee or applicant for a business license to place an undue burden upon such commerce, he may apply to the City Manager for an adjustment of the tax so that it shall not be dis- criminatory or unreasonable as to such commerce. Such application may be made before, at or within six months after payment of the prescribed business license tax. The applicant shall, by affidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of busi- ness and such other information as the City Manager may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The City Manager shall then conduct an investigation, and, after first having obtained the written approval of the City Attorney, shall fix as the business license tax for the applicant, an amount that is reasonable and non-discrimina- tory, or if the business license tax has already been paid, shall order a re- fund of the amount over and above the business license tax so fixed. In fixing the business license tax to be charged, the City Manager shall have the power to base the business license tax upon a percentage of gross receipts or any other measure which will assure that the business license tax assessed shall be uniform with that assessed on businesses of like nature, so long as the BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEpä4006. Continued) amount assessed does not exceed the business license tax as prescribed by this Chapter. Should the City Manager determine the gross receipts measure of business license tax to be the proper basis, he may require the applicant to submit either at the time of termination of applicant's business in the City, or at the end of each three-month period, a sworn statement of the gross receipts and pay the amount of business license tax therefor, provided that no additional business license tax during any one calendar year shall be re- quired after the licensee shall have paid an amount equal to the annual busi- ness license tax as prescribed in this Chapter. b) Charitable and Non-profit Organizations, The provisions of this Chapter shall not be deemed or construed to require the payment of a business license tax to conduct, manage or carry on any business, occupation or activity from any local institution or organization which is conducted, managed or carried on wholly for the benefit of charitable, educational, civic or phil- anthropic purposes, if no profit therefrom is derived, either directly or in- directly by any individual; nor shall any business license tax be required for conducting of any entertainment, concert, exhibition, or lecture on sci- entific, historical, literary, religious, or moral subjects within the City whenever the receipts of any such entertainment, concert, exhibition or lec- ture are to be appropriated to any church or school or to any religious or benevolent and/or charitable purpose in the City; nor shall any business li- cense tax be required for the conducting of any entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military. State, County or municipal organization or association whenever the receipts of any such entertainment, dance, concert, exhibition, or lecture are to be appropriated to any church, school or to any religious or benevolent and/or charitable purpose within the City; provided, however, that nothing in this Section shall be deemed to exempt any such organization or association from complying with any provisions of this Code requiring a permit from the City Council or any commission or officer to conduct, manage or carry on any profession, trade, calling or occupation. Any person desiring an exempt business license as provided in this Section shall make application for an Exempt Business License* through the City Manager. Such applications shall be written upon a form provided by the City Manager. The application shall contain the name of the person or organiza- tion or brief description of the class of persons for whose benefit the acti- vity or solicitation is being made, together with the address and telephone number of such person or organization and, if an organization, the name and addresses of its officers); the name of the person or persons who are to solicit; the total amount to be realized; the estimated total amount to be expended as compensation therefor, and the total amount to be raised or realized in the activity, drive or campaign and the purpose for which the money or property derived from such activity is to be used, which statement shall be signed by either the person applying therefor, the Chief Officer of the organization, for whom the activity is conducted, or if the activity is to be for an unorganized class of persons, verification shall be made by the person in charge of such activity. BALOWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEqä4006. Continued) Before issuing an Exempt Business License', the City Manaaer, may make inquiry of the applicant, or any other person, concerning the plan of conduct- ing the activity, the disposition of the proceeds thereof, and the matters set forth in the application herein required, and, if upon such inquiry and/ or from said application, he has reason to believe that the method of conducting such activity and/or the disposition of the proceeds does not qualify them as a local charitable or non-profit organization as required under this Section, he shall refuse to issue an exempt business license. In the event the City Manager does not grant an exempt business license to any person or organization, such person or organization shall have a right to appeal the decision to the City Council, in the time and manner set forth in Section 2900 et seq hereof. c) Disabled Veterans. Every peddler, solicitor, or other person claim- ing to be entitled to exemption from the payment of any business license tax provided for in this Chapter upon the ground that he is an honorably discharged or released soldier, sailor or marine of the United States who is physically unable to obtain a livelihood by manual labor and who shall be a qualified elector of the State of California, as provided by Section 16001 of Business and Professions Code or other law of this State, shall, in addition to any other information required by this Chapter also file with the City Manager a certificate of a regularly licensed and practicing physician dated within one year of said application, to the effect that said applicant is physically unable to obtain a livelihood by manual labor, and stating the nature of said incapacitation; provided no exempt business license shall be issued except in cases where the veteran applying therefor is actively engaged in the manage- ment and conduct of the business for which said exemption is requested. d) The City Manager shall, upon a proper showing contained in the verified statement, issue a business license to such person claiming exemption under this section without payment to the City of the business license tax re- quired by this Chapter. e) The City Manager after giving notice and a reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided herein, 4007. EXCEPTION. The provisions of this Chapter shall not apply to sales of edible agricultural or poultry products sold or produced, which have not been processed in any way, other than washing, which sales are made from residences or other structures by the owners or occupants thereof, or members of their Immediate families, where such residences or other structures are not designed, constructed or altered so as to display the edible agricultural or poultry products to be sold, or where such structures are temporary and without sides of any kind, and such residences or other structures are located on the property on which such edible agricultural or poultry products are BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEräraised, grown or produced, whether such sales are advertised by signs or not. 4008. APPLICATION CONTENTS OF LICENSE. Every person required to obtain a business license under the provisions of this Chapter shall make application for the same to the City Manager of the City, and upon the payment of the prescribed business license tax the City Manager shall issue to such person a business license which shall contain 1) the name of the person to whom the business license is issued, 2) the business licensed, 3) the place where such business is to be engaged in; 4) the date of the expiration of such business license, and 5) such other information as may be necessary for the enforcement of the provisions of this Chapter. 4009. APPLICATION FOR FIRST LICENSE. Upon a person making application for a business license to be issued for a newly established business, such person shall furnish to the City Manager for his guidance in ascertaining the amount of business license tax to be paid by the applicant, a written statement, upon a form provided by the City Manager, setting forth such in- formation as my be therein required and as may be necessary to determine the amount of the business license tax to be paid by the applicant. The City Manager shall not issue to any such person another business license for the same or any other business, until such a person shall have furnished to him the written statement and paid the business license tax as herein required. 4010. BUSINESS LICENSE TAXES BASED UPON THE NUMBER OF EMPLOYEES. In all cases where a business license tax is based, in whole or in part, upon the number of employees engaged in the business, the average monthly number of persons employed by said business during the preceding calendar year shall be determined by the following formula: One-twelfth of the total number of em- ployees earning wages for each month of the calendar year. When a business has existed less than twelve months of the year preceding the issuance of a business license, the actual number of months of existence shall be used in computing the fraction. If an employer has not previously engaged in busi- ness, he shall estimate the average number of employees who will be employed by him during the remainder of the calendar year. 4011. APPLICATION FOR RENEWAL OF LICENSE. In all cases, the applicant for the renewal of a business license shall submit to the City Manager for his guidance in ascertaining the amount of the business license tax to be paid by the applicant, a written statement, upon a form to be provided by the City Manager setting forth such information concerning the applicant's business during the preceding year as may be required by said City Manager to enable him to ascertain the amount of the business license tax to be paid by said applicant pursuant to the provisions of this Chapter. 4012. STATEMENTS NOT CONCLUSIVE. No statement shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEsäthe City from collecting, by appropriate actions, such sum as is actually due and payable hereunder. Such statement and each of the several items therein contained shall be subject to audit and verification by the City Manager, who is hereby authorized to examine, addit and inspect such books and records of any licensee of applicant for a business license, as may be necessary in his judgment to verify or ascertain th^ amount of license fee due. All licensees, applicants for business licenses, and persons engaged in business in the City are hereby required to permit an examination of such books and records for the purposes aforesaid. The information furnished or secured pursuant to this Chapter shall be confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City shAII constitute a misdemeanor and such offi- cer or employee shall be subject to the penalty provisions of this Code, in addition to any other penalties provided by law. 4013. FAILURE TO FILE STATEMENT OR CORRECTED STATEMENT. If any person fails to file any required statement within the time prescribed, or if after demand therefor made by the City Manager, he fails to file a corrected state- ment, the City Manager may determine the amount of business license tax due from such person by means of such information as he may be able to obtain. If such a determination is made, the City Manager shall give a notice of the amount so assessed by serving it personally or by depositing it In the United States Postal Service, postage prepaid, addressed to the person so assessed at his last known address. 4014. APPEAL. Any person aggrieved by any decision of the City Manager with respect to the issuance or refusal to issue a business license may appeal to the Council in the time and manner set forth in Section 2900 et seq hereof. 4015. ADDITIONAL POWER OF CITY MANAGER. In addition to all other powers conferred upon him. the City Manager shall have the power, for good cause shown to extend the time for filing any required sworn statement for a period not exceeding thirty 30) days, and in such case to waive any penalty that would otherwise have accrued; and shall have the further power to compromise any claim as to amount of business license tax due. 4016. NO LICENSE TRANSFERABLE, AMENDED LICENSE FOR CHANGED LOCATION. No business license issued pursuant to this Chapter shall be transferable; provided, that where a business license is issued authorizing a person to engage in a business at a particular place, such licensee may upon application therefor and paying a fee as set by resolution of the City Council have the business license amended to authorize the transacting and carrying on of such business under said business license at some other location. 4017. DUPLICATE LICENSE. A duplicate business license may be issued by the City Manager to replace any business license previously issued hereunder which has been lost or destroyed upon the licensee filing a written statement of such fact, and at the time of filing such statement paying to the City Mana- ger a duplicate business license fee as set by resolution of the City Council. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEtä4018. POSTING AND KEEPING LICENSE. AH business licenses must be kept and posted in the following manner: a) Any licensee engaged in business at a fixed place in the City shall keep such business license posted in a conspicuous place upon the premises where such business is carried on. b) Any licensee engaged in business but not operating at a fixed place in the City, shall keep the business license upon his person at all times while engaging in such business. c) Decals. Any licensee, to whom a business license has been issued for the operation of a wheeled vehicle, shall obtain from the City Manager, in addition to such business license, a numbered vehicle decal, for a fee for each wheeled vehicle and shall pay a fee as set by resolution of the City Council. Said decal shall be permanently affixed to the lower right corner of the wind- shield of such vehicle. Any licensee to whom a business license has been issued for the operation of a coin-operated machine or device shall obtain from the City Manager, in addition to a business license, a numbered vending machine decal, for each machine and shall pay a fee as set by resolution of the City Council; said decals shall be permanently affixed to each machine, in a conspicuous location. 4019. LICENSE TAX^HOH AND WHEN PAYABLE. Unless otherwise specifically provided in this Chapter, at 1 business licenses issued under the provisions of this Chapter shall be annual business licenses, and the business license tax thereon shall be due and payable in advance on the first day of January of each calendar year. Business license taxes for new businesses shall be prorated as follows: a) If the business is commenced after January 1st, and prior to June 30th, of any calendar year, the amount of business license tax shall be the full annual rate therefor; b) If the business is commenced after July 1st, and prior to December 31st, of any calendar year, the amount of business license tax shall be one- half the annual rate therefor; c) Provided that if the annual tax for such a new business or activity is $7.50 or less, there shall be no pro-ration, and the full annual tax rate shall be due and payable. AH business license taxes shall be payable In advance, in lawful money of the United States, at the office of the Finance Director of the City. 4020. PENALTY FOR FAILURE TO PAY TAXES WHEN DUE. Any person who fails to pay a business license tax when due shall be assessed by the City Manager a penalty of 50% of the total amount of such business license tax. Said penalty shall be imposed if such taxes are not paid within thirty 30) calendar days BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEuäafter the due date of such taxes; provided that if the last day for payment of said tax falls upon a holiday, then the time for payment-of such tax, without the imposition of a penalty, shall be extended to the next succeeding day during which the City offices are open for business. 4021. ADMINISTRATIVE RULES. The City Manager of the City is hereby authorized to adopt such administrative rules and regulations as may be necessary to effectuate the purposes of this Chapter. 4022. ENFORCEMENT. It shall be the duty of the City Manager, and he is hereby directed to enforce each and all of the provisions of this Chapter. The City Manager in the exercise of the duties imposed upon him hereunder, and acting through his deputies or duly authorized assistants, shall examine or cause to be examined all places of business in the City to ascertain whether the provisions of this Chapter have been complied with. The City Manager and each and all of his assistants and any police officer shall have the power and authority to enter, free of charge, and at any reason- able time, any place of business required to be licensed herein, and demand an exhibition of its business license certificate. Any person having such business license certificate theretofore issued, in his possession or under his control, who willfully fails to exhibit the same on demand, shall be guilty of a mis- demeanor and subject to the penalties provided for by the provisions of this Code. 4023. LICENSE TAX A DEBT. The amount of any business license tax and penalty imposed pursuant to the provisions hereof shall be deemed a debt to the City. An action may be commenced in the name of said City in any court of competent jurisdiction to recover the amount of any such delinquent tax and penalties. 4024. REMEDIES CUMULATIVE. All remedies prescribed hereunder shall be cumulative wd the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEväARTICLE IV BUSINESS LICENSES AND PERMITS CHAPTER 1 BUSINESS LICENSES PART B RATES OF LICENSES TAXES 4030. BUSINESS LICENSE TAXES. The several rates of Business license taxes required to be paid pursuant hereto by the owner, operator, fyr other person required to obtain a business license pursuant to this Chapter, are hereby fixed and established for and within the City of Baldwin Pitrk as follows: a) ADVERTISING. For maintaining a billboard, bulletin board, adver- tising on benches or other similar structures, installing flags or other spec- ial decorations, a fee of $65.00. b) AMUSEMENTS AND COIN-OPERATED DEVICES. 1) B111lard and Pool Hal 1s. Each billiard parlor or pool hall shall pay an annual license fee of $35.00, plus $12.50 for each table in excess of one 1). Such license shall include the right to sell tobacco and candy. 2) Bowling Alley. Every bowling alley shall pay an annual fee of $35.00 for the first alley or lane, and an additional fee of $12.50 for each alley in excess of one 1). 3) Carnivals-Circuses. Every carnival and circus shall pay a fee of $62.50 for each day of Operation, and an additional $12.50 per day for each sideshow, concession or ride, provided that the maximum license fee shall not exceed $125.00 per day. 4) Coin-Operated Machines and Devices. Coin-operated machines and devices shall be licensed by the owner of the business wherein such equipment is located. There shall be affixed to each such machine licensed a decal as indicated in Section 4018 c). The annual license fee for such machines shall be: Game machines or mechanical rides—————— $ 60.00 each Music box———————————————————— 15.00 each Cigarette and tobacco machines————————————— 7.50 each Merchandise or service machines requiring 25<t or more to activate—-————— 7.50 each Merchandise or service machines requiring less than 25<; to activate-————— 1.25 each BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEwä4030. Continued) Washers and dryers not ope;n to the general public but whose use is confined solely to the occupants of the apartment building or trailer court where such machines are located Postage stamp machines——————— $ 5.00 each 1.25 each 5) Dance Halls. Public or private dancing halls shall pay an &nnua1 Ticense fee of $1B7.50. 6) Theatres. Every theatre shall pay an annual license fee in an amount equal to $0.15 for each fixed seat or car space. c) APARTMENTS. Apartments and multiple dwelling units, as defined in the zoning regulations hereof, consisting of three 3) or more such units, which are offered for rental or lease, located in a single structure or multi- ple structure, under common ownership, regardless of zone, shall pay an annual license fee computed in accordance with the following fee schedule: 3 9 Units $. 25.00 10 15 Units 37.50 15 19 Units 50.00 20 29 Units 62.50 30 39 Units 75.00 40 49 Units 87.50 50 59 Units 100.00 60 69 Units 112.50 70 79 Units 125.00 80 89 Units 137.50 90 99 Units 150.00 100 109 Units 162.50 110 119 Units 175.00 120 and above Units 187.50 d) AUCTIONEERS. Each person conducting an auction sale at a fixed place of business or elsewhere shall pay a business license fee of $125.00 per annum and there shall be no pro-ration of this fee. e) AUTOMOBILE DEALERS. Every person regularly engaged in the sale of new or used automobiles, trailers, campers, or similar items, shall pay an annual license fee of $65.00. f) AUTO WRECKING YBRD. Every person engaged in the dismantling or altering of any motor vehicle or other activities generally carried on in an auto wrecking yard, shall pay a business license fee of $65.00 oer annum, plus an additional fee of $5.00 for each employee over three 3). BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁExä4030. Continued) Ig) CONTRACTORS. 1) All General Engineering Contractors and a11 General Building Contractors, licensed as such by the State of California, engaged in such business in the City, shall pay an annual license fee of $65.00; It shall be the responsibility of every general building and engin- eering contractor to require subcontractors employed by them to obtain a business license as herein provided, before permitting said subcon- tractor to begin or perform services for said general building or en- gineering contractor. Each general building or engineering contractor shall furnish the license inspector with a list of each such subcon- tractor upon forms furnished by the Building Department. 2) AH Specialty Contractors licensed by the State of California as such, shall pay an annual license fee of $35.00. h) DELIVERIES. The business license fee for conducting, managing or carrying on the business of running, driving or operating an automobile, truck, tank wagon, or any vehicle for the wholesale or retail delivery of merchan- dise or any nature, kind or description, or for the purpose of carrying on a bakery route, linen route, ice route, water Distilled, spring, mineral aerated) route, laundry or dry-cleaning route, dairy route, or other routes of a like or similar nature, whether wholesale or retail, shall be $35.00 per annum for the first vehicle and $8.75 for each additional vehicle. i) HOSPITALS. Hospitals shall pay an annual license fee of $65.00, plus $2.50 for each bed. J) HOTELS, MOTELS AND TRAILER PARKS. Hotels, motels and trailer parks shall pay an annual license fee of $35.00 for the first three 3) units, plus $2.50 for each unit in excess of three 3). k) JUNK DEALERS. Junk dealers shall pay an annual license fee of $35.00, plus an additional fee of $5.00 for each employee over three 3). 1) NEWSPAPERS. For each daily weekly, semi-weekly or monthly news- paper, printed or published or circulated in the City. the annual fee is $65.00. m) PAWN SHOPS. Pawn shops shall pay an annual license fee of $35.00, plus an additional fee of $5.00 for each employee over three 3), n) PROFESSIONAL. For engaging in any of the hereinafter described professions, the annual business license tax shall be based upon the average number of professional members and the average number of employees, computed as follows: for each person practicing his profession, other than as a salaried employee, $35.00 per annum, plus $5.00 per annum for each salaried employee in excess of three 3): BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEyä4030, Continued) ACCOUNTANT CHIROPRACTOR OPTICIAN APPRAISER DENT IST OPTOMETRIST ARCHITECT ENGINEERING OSTEOPATH ATTORNEY AT LAW CONSULTANT PHYSICIAN AUDITOR ENTOMOLOGIST PHYSIOTHERAPIST BACTERIOLOGIST GEOLOGIST SURVEYOR CHEMIST MORTICIAN VETERINARIAN CHIROPODIST OCCULIST X-RAY LABORATORY o) PUBLIC UTILITIES, Every person engaged as a public utility or otherwise in the distribution, transportation or transmission of electricity, gas, communications or water, unless operating under a franchise and paying a franchise tax to the City, shall pay an annual license fee of $35.00, plus $5.00 for each employee. p) REAL ESTATE BROKERS. Real estate brokers shall pay an annual license fee of $65.00 plus an additional fee of $5.00 for each employee. q) RESTAURANTS. Each restaurant, drive-in, beer bar or cocktail lounge shall pay an annual license fee as follows: a seating or drive-in accommoda- tion for 25 people or less $31.25; seating or drive-in accommodations for between 26 and 100 people $62.50; and for seating or drive-in accommodations Of over 100 people $125.00. r) REST HOMES. Rest homes, homes for the aged and nursing and conval- escent hospitals, and convalescent homes, shall pay an annual license fee of $35.00, plus $1.25 for each bed. s) ROOMING HOUSES. Rooming houses shall pay an annual license fee of $6.25 per bed. t) SELF-SERVICE CAR WASH, LAUNDROMAT, ETC. Each self-service car wash, ice vendor, dry cleaning establishment, laundromat, or other similar business open to the general public, shall pay an annual license fee of $35.00, u) SOLICITORS. 1) For every person, whether or not he has a fixed place of business in the City, who travels from place to place or house to house and makes demonstrations of, or solicits, takes orders or canvasses for the sale of, or who sells any goods, wares, merchandise, subscriptions to periodicals or magazines»-or things or articles of value of any nature, kind or description shall pay $65.00 per annum or $10.00 per day. 2) Notwithstanding any other provision'of this Code, any person who employs, or who engages the services of another person as an Inde- pendent contractor, 10 or more persons who engage in an activity for BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEzä4030. Continued) which a business tax would be imposed pursuant to Subsection a) hereof, shall be issued a single business license, upon payment of a business license tax of $260.00, which said business license shall entitle such person to engage and conduct solicitations within the City for not to exceed 15 individual solicitors. 3) Every person or employee who desires to solicit in the City shall be required to furnish his fingerprints and thumb prints, shall pay a fee as set by resolution of the City Council and file an affidavit with the City Manager which shall contain the following: a. Name, address and telephone number of the applicant. b. Name and address of the person by whom employed, if any, c. Length of service of such applicant with such employer. d. Place of residence, and nature of employment of the applicant, during the period of at least the year just preceding. e. Nature of the goods and service to be offered by the applicant. f. Drivers license number and license number of applicant's automobile. g. Citizenship status of applicant. h. Personal description of the applicant, and a statement that he has not been convicted of a felony. After the affidavit has been filed, the City Manager shall refer the same to the Police Department for investigation. If, as a result of such investigation, it is found that the statements set forth in said affidavit are true, the business license shall be issued; and if, on the other hand, they are found to be untrue in any material manner, the application shall be denied. v) BUSINESSES NOT EXPRESSLY PROVIDED FOR. Every person engaged in a business, as to which a business license tax is not specifically set forth herein, shall pay an annual license fee of $35.00 plus $5.00 for each employee in excess of three 3). 4031. COMPLIANCE WITH LAW. Issuance of a business license under the provisions of this Chapter shall not be deemed a waiver of any other provision of the Code; Licensees shall abide by the provisions of all applicable law. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE{äARTICLE IV BUSINESS LICENSES AND PERMITS CHAPTER 2 BUSINESS PERMITS PART A PROCEDURE 4100. PERMIT REQUIRED, The businesses and activities designated in this Chapter are of such unique character so as to require that each of the same be specifically regulated in the manner provided in this Chapter. No person shall operate or conduct, or participate in the operation or conduct of, any of the businesses or activities specifically enumerated hereinafter in this Chapter without first obtaining a permit therefor, in the manner prescribed herein. 4101. APPLICATION OF PART. The provisions of this Part shall govern the procedural aspects of the issuance, denial, suspension and revnra.tiop of per- mits required pursuant to this Chapter, except as is expressly set forth in Parts B, C, D, E, F. G, H, and I of this Chapter. 4102. PERMIT APPLICATIONS. Any person required to obtain a permit pur- suant to this Chapter, shall file a written application therefor, with the City Manager. Written application forms for such permits shall be prepared by the City Manager, which shall require thereon such information as he deems necessary to carry out the purposes of this Chapter. 4103. APPLICATION INVESTIGATION. The City Manager, upon receipt of a written application for a permit shall conduct an appropriate investigation to determine whether said permit should be issued in accordance with the pre- visions of this Chapter as hereinafter set forth. The City Manager may consi- der any relevent factual material, including, but not limited to, the character and reputation of the applicant and/or other persons who will be involved in the conduct of the operation allowed by such permit, if issued. 4104. ISSUANCE OF PERMIT. The City Manager shall issue any permit re- quired by this Chapter only if: a) a completed written application therefor has been filed; and b) the required filing and processing fee therefor has been paid to the Finance Director; and c) he finds, as a result of his investigati hat all applicable provisions of this Chapter, with regard to such pe- L application have, or wilt be, met. The City Manager may condition any permit issu^-i so as to insure com- pliance with the provisions of this Chapter. The action of the City Manager with reference to the issuance, conditional issuance or denial of a permit BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE|äSfwft to fifl«1l awd wwlOTive in tAe absence of the perfecting of an appeal ffW h 4^hiWf in the ftiawer hereinafter set forth. 41^. toTlCl OF DECISION. Within ten 10) days after reaching a deter- ffWifo'ff with reference to a permit application, or suspension of a permit, wk Cfty Manager shall give written notice of his decision to the applicant and to any other person requesting such notice. 4106. APPEAL. Any applicant aggrieved by the decision of the City Manager, with reference to the issuance, conditional issuance or denial of a permit, shall have the right of appeal, taken in the time and manner set forth in Section 2900 et seq hereof. 4107. SUSPENSION. The City Manager shall suspend any permit issued hereunder, if he finds that the permittee or such permittee's agents and/or employees, have been, or are: violating any condition of approval imposed upon such permit; or violating any provision of this Code, or other applicable law; or that the continued operations under the permit would endanger, jeopar- dize or disrupt the public peace, safety, health or general welfare; or any other cause, as set forth in this Chapter. The City Manager, in the case of such suspension, shall serve the per- mittee with a written Order of Suspension, which shall state the reasons for such suspension. The said Order shall be effective immediately upon the same having been personally served, or 48 hours after the same has been deposited in the course of transmission in said United States Postal Service. Immediately upon such an Order becoming effective, the permittee shall cease all operations authorized under such permit. Where an appeal is timely filed, no further operations shall be deemed authorized pursuant to such permit, until such appeal is finally determined. The Order of Suspension shall be deemed a revocation of a peirinit uni-»s the permittee files an appeal from said Order, in the time and manner set forth in Section 2900 et seq hereof. 4108. POSTING OR EXHIBITING. Permits issued pursuant to this Chapter shall be posted on the premises where the business or enterprise for which the permit is issued is conducted and shall remain so posted during the period the permit shall be in force. Any permit issued to a person who goes from place to place within the City for the purpose of carrying on the business or activity as so permitted, shall be carried by him at all times, and he shall exhibit the same upon request therefor. 4109. DURATION. Permits issued pursuant to this Chapter shall be valid until revoked, except as is otherwise expressly provided in this Chapter. 4110- TRANSFER. No permit issued hereunder shall be transferable, ex- cept as otherwise provided, expressly, in this Chapter. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE}äARTICLE IV BUSINESS LICENSES AND PERMITS CHAPTER 2 BUSINESS PERMITS PART B BANKRUPTCY. FIRE AND CLOSING-GUT SALES 4130. DEFINITIONS. For the purpose of this Part, certain words and phrases shall be defined as follows, unless it is apparent from the context that a different meaning is intended. a) Advert isinci. Advertise,' Advertisement,' Advertising,' Publish, Publication.' shall mean any and all means, whether oral, written, lettered or printed used for the purpose of conveying to the public, notice of the conduct of a sale, as defined herein. b) Permit shall mean a permit to conduct a sale. c) Permittee shall mean any person who shall be granted a permit to conduct a sale. d) Sale. Any sale or any offer to sell, to members of the general public, goods, wares or merchandise in stock, in connection with a declared purpose, as set forth by advertising, that such sale is anticipatory to the termination, liquidation, discontinuance, dissolution or abandonment of the business or that portion of the business to which such sale relates. 4131. PERMIT REQUIRED. No person shall hereafter advertise or conduct any sale, without first obtaining a permit therefor from the City Manager, in the manner hereinafter provided in this Chapter. 4132. APPLICATION FOR PERMIT. No permit to conduct a sate as defined herein shall be granted except upon written application to the City Manager made at least thirty 30) days before the sale 1s to commence. Each applica- tion shall set forth and contain the following: a) Street address and type of building where such sale is to be he'M; b) The nature of the occupancy, whether by ownership, lease, or sub- lease, and if by lease or sublease, the effective date of the termination of such tenancy and the name of the owner, and sublessor, if any; c) A copy of all advertisements proposed to be used in connection with such sale, and a statement of the means or methods of advertising to be used in advertising such sale; d) The facts in regard to the termination or winding up of the business to which the sale relates. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE~äe) An inventory or statement, in such form and in such detail as the City Manager may require, setting forth the amount and description of goods, wares and merchandise to be sold at such sale, and, the date of acquisition of such goods, wares or merchandise, and the persons from whom obtained and the location of the goods. 4133. FEE. No application for any such permit shall be accepted by the City Manager for filing unless accompanied by a filing and processing fee as set by resolution of the City Council. 4134. DENIAL OF PERMIT. No permit shall be issued if any one or more of the following facts or circumstances are found to exist: a) That applicant was granted a license hereunder for a close-out' type of sale relating to the same or a similar business within two years preceding the date of the filing of the application; or b) That the inventory includes goods, wares and merchandise purchased by the applicant or added to his stock in contemplation of such sale and for the purpose of selling the same at such sale. For the purpose of this sub- paragraph, any unusual addition to the stock of such goods, wares and mer- chandise made within sixty 60) days prior to the filing of such application shall be prima facie evidence that such addition was made in contemplation of such sale and for the purpose of selling the same at such sale; or c) The acquisition by applicant of a bankrupt stock of goods or similar merchandise within six months of application; or d) That any representation made in the application is false; or e) That the inventory is incomplete; or f) That the advertising set forth is false, fraudulent, deceptive or misleading in any respect; or g) That the methods to be used by the applicant in conducting the sale are, in the opinion of the City Manager, such as will work a fraud upon pur- chasers. 4135. CONDITIONS OF PERMIT, Any permit issued under the provisions of this Part shall authorize only the type of sale named in the application, at the place named therein, for a period of not more than thirty 30) calendar days, and shall permit the sale of only goods which are described in said application, all of which goods, throughout the duration of the sale, must be definitely separated from any other goods displayed at, or within the store or place of business, and all advertising, signs or notices referring to, or calling attention to the sale, must be confined to the display, or displays, or goods involved in the sale. The City Manager is empowered to BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEäcondition the issuance of any permit in such manner as, in his opinion, win serve to carry out the provisions of this Part. 4136. EXCEPTION. The provisions of this Part shall not apply to any person who has been engaged in a business for which a business license is re quired pursuant to this Code, for a period of five 5) years immediately pre ceeding the conduct, by such person, of a sale for which a permit would otherwise be required hereunder. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE€äARTICLE IV BUSINESS LICENSES AND PERMITS CHAPTER 2 BUSINESS PERMITS PART C CHARITABLE RELIGIOUS SOLICITATION PERMITS 4140. CHARITABLE RELIGIOUS SOLICITATIONS. PERMIT REQUIRED. No person. without having first obtained a permit therefor, as provided in this Chapter, shall make any appeal to members of the public for a charitable or religious purpose, either by soliciting or collecting gifts, contributions, donations or subscriptions, or by promoting or conducting any sale, bazaar or exhibition or by any other means, at any place or to any person within the City. 4141. FEES. No filing or processing fee shall be required pursuant to this Chapter. 4142. SAME EXEMPTION. No permit shall be required for any of the acts or activities described in Section 4140 hereof by the members of any religious or charitable organization which has been in existence and which regularly has maintained a headquarters or a place of worship, in the City for a period of at least one 1) year next preceding the date on which such activity is pro- posed to be commenced. 4143. SOLICITATION BY MAIL OR TELEPHONE. No permit shall be required for any such solicitation carried on, exclusively by the United States Postal Service, or by telephone. 4144. PERMITS. ISSUANCE. DENIAL. SUSPENSION. The City Manage shall consider the application, and other relevant information obtained by him as a result of his investigation. If he finds that the applicant has not stated true facts in the application, or that if a permit were to be granted to the applicant, a fraud, in all probability, would be perpetrated upon members of the general public, he shall refuse to issue such permit. If he finds that the application is truthful, that the applicant is acting in good faith, and that, in all probability, a fraud would not be so perpetrated, he shall issue the permit to the applicant for a period of time, as requested by the appli- cant, not to exceed a period of ninety 90) days from and after the issuance of such permit. The City Manager shall suspend any permit issued hereunder, if he finds that the permittee in its operation is, in fact, perpetrating a fraud upon members of the general public. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEäARTICLE IV BUSINESS LICENSES AND PERMITS CHAPTER 2 BUSINESS PERMITS PART D DANCE PERMITS 4200. DEFINITIONS. For the purpose of this Part, certain words and phrases shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended: a) Cabaret Dance. Any dance held or engaged in at any place or pre- mises licensed by the State of California to sell, serve or dispense intoxi- cating liquor for consumption in or at such place or premises. b) Club Dance. Any dance held by a dancing club. c) Dance. A gathering or persons in or upon any premises where social dancing is participated in as the main purpose for such a gathering, or as an incident to some other purpose. d) Dance Permit. A permit required pursuant to the provisions of this Part for the holding of a public dance, public dance hall, or cabaret dance. e) Dancing Club. Any club or association of persons conducting dances periodically, for its members and bona fide guests. f) Private Dance. Any dance which is not advertised publicly, and to which the general public is not invited. g) Public Dance. A dance conducted by any person, whether or not for profit, to which members of the public are admitted or allowed to participate in such dancing with or without charge. h) Public Dance Hall. A place or location where a public dance is held or conducted. i) School Dance. A dance conducted as a part of the curriculum of any public or parochial school, or any dance officially sanctioned by such school, when conducted at school buildings or grounds, or other place when supervised or sponsored by school officials. j) Teenage Dance. A dance sponsored by a service club, parents group, or other similar organization open to members of the general public, who arc between the ages of thirteen and nineteen years of aqe to which no person over nineteen years of age or under thirteen years of age is adiriLted as a participant. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE‚ä4201. PERMIT REQUIRED. No person shall permit, conduct or assist in conducting any public dance, public dance hall, w cabaret dance within the City, without first obtaining a permit therefor, in the manner prescribed in this Part. Applications for such permits shall be filed with thp City Managpr and shall contain the following information: a) The name and address of the applicant if a corporation or partner- ship, the names and residence addresses of all officers, directors or partners; if an unincorporated association, the names and addresses of all principals); and b) The location and description of facilities proposed to be used; and c) The date or dates, hours and estimated maximum attendance at the proposed dance, and the type of dance. A filing and processing fee as set by resolution of the City Council shall be required if the applicant would be exempt from the payment of a business license tax pursuant to the pro- visions of this Code. 4202. PERMIT. ISSUANCE. DENIAL. a) Issuance. Based upon his investigation, the City Manager before ordering the issuance of a dance permit, shall satisfy himself that the public peace, safety, healthy and general welfare will not be endangered or jeopar- dized by the issuance of such dance permit, and that the applicant and/or its principals, are of good moral character. b) Denial. If the City Manager finds that the moral character of the applicant and/or its principals is not good, or that the issuance of a dance permit will endanger or jeopardize the public peace, safety, health, and general welfare, the application shall be denied. 4203. POLICE PROTECTION. Police Protection shall be required at all public dances and teenage dances, in accordance with the following schedule: Number of Persons in Attendance 0 50 50 100 100 200 200 Over Number of Police Officers Required 2 3 3 plus 1 for each additional 100 persons When the services of public safety employees of the City p.re to be utilized to comply with the above schedule, the fees therefor shall be paid to the Finance Director prior to the issuance of a dance permit. Said fees shall be as set by resolution of the City Council. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEƒäIn lieu of City Police Officers uniformed private patrol personnel who are regularly employed by a private patrol, licensed to do business in the City, may be utilized. The City Manager may, upon consideration of application for such permits, require a greater number of oolice officers or such police protection may be waived, if he find^that such protection is not required to preserve the public peace, health and safety. 4204. DANCE REGULATIONS, The following regulations shall be complied with by each permittee: a) As to Cabaret Dance Permits: 1) The dance floor shall be a minimum size of 300 square feet. 2) The dance floor area shall be plainly marked and designated as a dancing area. No dancing shall be permitted in the premises except upon the dancing area thus marked and designated, 3) During all hours during which dancing is permitted by the permit issued hereunder for the premises, no portion of the dancing area shall be used for any purpose other than dancing and entertainment. 4) No portion of any dance floor shall be located within twcrt,y feet of any bar or other facility for the dispensing of intoxicating beverages. 5) No premises at which cabaret dancing is conducted or engaged in shall be used or operated as a private club between the hours of 2:00 A.M. and 6:00 A.M. of any day. b) As to a11 Dances for Which a Permit is Required: 1) No person, other than the permittee and his bona fide employees acting in the course of their employment, shall possess any intoxicating liquor at dance hall, dancing club, club dance, cabaret dance, or any public dance unless the same has been lawfully sold, served or dispensed there at. 2) No employee of any permittee conducting, or in charge of, such dance, shall engage in dancing with any other person at his or her place of employment. 3) No permittee shall permit any person to enter into, to be in BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE„ä4204. Continued) or to remain in any place where such dance is being conducted, who is intoxicated, boisterous, or disorderly. No person shall conduct him- self in a boisterous or disorderly manner in or at any place where dancing is allowed hereunder. 4) Each permittee shall: a. Maintain at all times within the room or place provided for dancing a minimum amount of illumination which shall equ^t an average of five 5) footcandle at a distance of thirty 30) inches from the floor of said room or place. b. Maintain outside at all times within twenty 20) feet of every entrance, exit, loading area or unloading area of the room cr place provided for dancing during'the hours of operation a minimum amount of illumination which shall equal an average of five 5) footcandle at ground level. c. Maintain outside at all times within fifty 50) feet of the building in which dancing is conducted during the hours of operation a minimum amount of illumination which shall equal an average of three 3) footcandle at ground level. In computing the average of three 3) footcandle, the five 5) footcandle illumina- tion required as set forth in the preceding subsection of this section may be included. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE…äARTICLE IV BUSINESS LICENSES AND PERMITS CHAPTER 2 BUSINESS PERMITS PART E HANDBILLS 4400. DEFINITIONS. For the purpose of this Part, the words and phrases hereinafter set forth, shall have the following meanings ascribed to them, unless the context clearly requires to the contrary: a) Newspaper shall mean a periodical published primarily for the dissemination of" news and intelligence of a general character, which is printed and published at regular intervals; b) Handbill shall mean a printed including all forms of reproduced writing) paper or circular, which is circulated or distributed, other than by United States Postal Service, for the purpose of advertising for sale or lease, goods, wares, merchandise or services, or soliciting orders therefor or draw- ing attention, or soliciting support or opposition, to any public issue or political figure or party, partisan or non-partisan. Handbill" shall include samples of goods, wares and merchandise; handbill" shall not include news- paper. c) Comnercial Handbill shall mean any handbill which is distributed for the primary purpose of advertising for sale or lease, goods, wares, mer- chandise or services or any other commercial activity. d) Non-commercial Handbill shall mean any handbill other than a commercial handbill. e) Permit shall mean a permit required pursuant to this Part for the distribution of commercial handbills. f) Residential Property shall mean any real property located within this City which is, pursuant to the City's zoning regulation, classified in any of the R" zones, or any property which is, notwithstanding its zoning classification, utilized for residential dwelling purposes, 4401. PERMIT REQUIRED. No person shall circulate or distribute, or cause to be circulated or distributed, any commercial handbill in or upon any residential property within this City without first obtaining a permit therefor in the manner prescribed in this Part. Nor shall any person distribute or circulate or cause to be circulated or distributed any such commercial hand- bill in or upon any residential property within this City, except in compliance with the provisions of this Part. 4402. CONSENT TO DISTRIBUTION. Notwithstanding the issuance of a permit hereunder, no person shall circulate, distribute or cajse to be circulated or BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE†ädistributed, any commercial handbill on any residential property within the City which has conspicuously posted, there at or thereon, a sign or other visible notice, which prohibits solicitation or the delivery of handbills in or upon such premises, 4403. PERMIT REQUIREMENTS. The City Manager shall not accept an appli- cation for a handbill distribution permit from any person unless the following requirements are met: a) that a filing and processing fee as set by resolution of the City Council has been paid. b) That a valid business license in the name of such applicant is in effect, or the fee and application therefor, has been filed conU^pora^eou^ y with the filing of the permit application. 4404. MANNER OF DISTRIBUTION. Each commercial handbill distributed within the City, pursuant to this Part, shall bear, conspicuously thereon, the name, address and City of Baldwin Park permit number of the distributor. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE‡äARTICLE IV BUSINESS LICENSES AND PERMITS CHAPTER 2 BUSINESS PERMITS PART F MASSAGE PARLORS 4500. DEFINITIONS. For the purpose of this Chapter, the words and phrases hereinafter set forth, shall be defined as follows: a) Massage shall mean any method of treating the superficial soft parts of the human body, for remedial, hygienic or other purposes, consisting of rubbing, stroking, kneeding or any similar treatment, accomplished by hand or by the use of any instrument; b) Massage Parlor shall mean any building or structure or portion thereof, located within the City, which is open to members of the general public, with or without the payment of a fee, at which massage services are offered; c) Permit shall mean a permit required, pursuant to the provisions of this Part, to operate a massage parlor. 4501. PERMIT REQUIRED. No person shall operate any massage parlor with- in the City without first obtaining a permit pursuant to the provisions of this Chapter. 4502. PERMIT APPLICATION. Written applications for massage parlor per- mits shall be made upon forms provided for this purpose by the City Manager. Such completed applications shall be submitted to the City Manager, together with the following: a) An accurate statement of the business, occupation, or employment of the applicant for the three 3) years immediately preceding the date of appli- cation; and b) A certificate from a medical doctor stating that the applicant, and, any person who will be directly engaged in the proposed operation, has, with- in thirty 30) days immediately prior thereto, been examined and found to be free of any contagious or communicable disease; and c) Either of the following: 1) a certified copy of a certificate of graduation from a recognized school or other institution of learning wherein the method, profession.and work of massage technicians is taught; the term recognized school' shall mean and include any school or in- stitution of learning which has for its purpose the teaching o^ BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEˆäthe theory, method, profession, or work of massage technicians, which school requires a resident course of study of not less than two hundred 200) hours to be given in not less than three 3) calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institu- tion of learning showing the successful completion of such course of study or learning; or 2) a statement of work experience containing sufficient in- formation to establish that the applicant is qualified to conduct a massage parlor; and d) Such other information as may be required by the City Manager, in- cluding, but not limited to. photographs and fingerprints of the applicant, and others who will be actively engaged in the operation. e) Proof of payment of a processing and filing fee to the Finance Director. Said fee shall be as set by resolution of the City Council. 4503. PERMITS. ISSUANCE. DENIAL. Upon receipt of a written applica- tion for a permit, the City Manager shall issue the permit as requested, unless, as a result of such investigation, he finds any of the following facts to be present: a) That the applicant or any person, including, but not limited to, any employee, who will be directly engaged or employed in the massage parlor operation, has, within two 2) years preceding the filing of the application been convicted of any crime involving moral turpitude; or b) That any such person has a bad moral character; or c) That the operation of the massage parlor would, if allowed, con- stitute a public nuisance. If the City Manager finds from his investigation that any of the above mentioned facts are present, he shall decline to issue the pernrit r^iuste.'. 4504. NEW EMPLOYEES. Each permittee prior to employing any person who will be directly engaged in the massage parlor operation, after issuance of a permit, shall file with the City Manager, an information form relating to such proposed employee, in a form prepared for that purpose by the City Manager. A filing and processing fee as set by resolution of the City Council shall be paid to the Finance Director. Upon receipt of such form and evidence that the processing fee has been paid, the City Manager shall conduct an investigation to determine whether such proposed employee is qualified pursuant to Subpara- graphs a) and b) of Section 4503 hereof; if the person is so qualified, the City Manager, by written notice to the permittee, shall add such person's name to the list of persons authorized to engage in the permitted massage parlor BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE‰äoperation. Where, as a result of his investigation, the City Manager deter- mines that the proposed employee does not qualify pursuant to said Section 4503 1) and 2), he shall give notice of such decision to the permittee and to the proposed employee within thirty 30) calendar days from receipt of the appli- cation. The permittee only shall have the right of appeal, from 3uch decision, to the City Council, taken in the time and manner set forth in Section 2900 et sea hereof. 4505. REGULATIONS. Each person to whom a massage parlor permit has been issued, pursuant to the provisions hereof, shall conduct such operation in accordance with the following regulations: a) No person shall give, or assist in the giving, of any massage to any other person under the age of'."ISyears, unless the parent or guardian of such minor person has consented thereto in writing. b) Each permittee shall have posted, in a conspicuous location upon the premises where the massage operation is to be conducted, the permit as issued by the City Manager. c) Each permittee shall provide, in each room, or portion of a room, where massages are given, sufficient lighting and ventilation as required by Building Regulations of the City. d) Each permittee shall provide and maintain adequate equipment for disinfecting and sterilizing of instruments used in performing the acts of massage. e) Each permittee shall provide and maintain adequate bathing, dress- ing, locker, and toilet facilities for pafcrons. f) Each permittee shall maintain physical facilities for the massage parlor in good repair and in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilets utilized in the operation shall be thoroughly cleaned each day. Bath tubs shall be thoroughly cleaned after each use. 9) Each permittee shall provide clean and sanitary towels and linens for each patron. The cannon use of towels or linens shall not be permitted. h) A minimum of one separate wash basin shall be provided by each per- mittee in each massage parlor for the use of his employees, which basins shall provide soap or detergent and hot and cold running water at all times and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each wash basin, sanitary towels placed in permanently installed dispensers. 4506. APPLICATION OF PART. The provisions of this Part shall not be deemed applicable to any person who is engaged in a healing art, and is licensed as such, pursuant to Division 2, commencing with Section 500, of the Business and Professional Code of the State of California. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEŠäARTICLE IV BUSINESS LICENSES AND PERMITS CHAPTER 2 BUSINESS PERMITS / PART G PRIVATE PATROLS / 4600. DEFINITIONS. For the purpose of this Part, the words and phrases hereinafter set forth, shall be defined as follows: a) Appiicant shall mean a person applying for registration as a private patrol operator pursuant to the provisions of this Part; applicant' as used herein shall also mean and include any of the following: in the case of a corporation, and officer, director, managing employee, or any person holding 5% or more of the stock issued by the corporation; in the case of a partner- ship, each partner whether general or limited and any managing employee; I?) City Manager shall mean the City Manager of the City; c) Council shall mean the City Council of the City; d) Private Patrolmen shall mean a person employed, full time or part time, by a Private Patrol Operator, in the actual patrol operation; e) Private Patrol Operator shall mean a person, defined as such, in Section 7500 et seq. of the Business and Professions Code of the State of California. 4601. REGISTRATION REQUIRED. No person shall act as, or perform any of the services, directly or indirectly, of, a private patrol operator within the City unless he is registered as such pursuant to the provisions hereof. 4602. REGISTRATION APPLICATION. Each person applying for registration pursuant to this Part shall make written application therefor upon forms pro- vided for this purpose by the City Manager. Such completed applications shall be submitted to the City Manager, together with the following: a) An accurate statement of the business, occupation or employment of the applicant and each proposed private patrolman for the five years inmedi- ately preceding the date of application; and b) A statement of work experience containing sufficient information to establish that the applicant is qualified to operate a private patrol and to supervise persons who will act as private patrolmen; and c) Such other identification, including, but not limited to, finger- prints and/or photographs of such persons and information deemed reasonably necessary by the City Manager to permit a full investigation and to insure compliance with the provisions of this Part. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE‹ä4603. GRANTING OR REFUSAL OF REGISTRATION. Upon receipt of a written application fof' registration as a Private Patrol Operator, the City Manager shall conduct an appropriate investigation in order to ascertain whether such registration shall be granted pursuant to the provisions of this Part; he shall grant the registration requested, unless, as a result of such investiga- tion, he finds any of the following facts to be present: a) That the applicant or any proposed private patrolman has been finally convicted of a felony, or any other crime involving moral turpitude, within the five year period immediately preceding the date of application; or b) That the applicant, any partner or principal officer of an applicant, or any proposed private patrolman, is of bad moral character; or c) That the applicant, or any proposed private patrolman, is not licensed pursuant to Section 7500 et seq. of the Business and Professions Code of the State of California. The City Manager shall be authorized to impose such reasonable conditions, including, but not limited to, approval of the type of badges and/or uniforms utilized by a private patrol officer, upon the granting of registration as he may deem necessary or expedient to insure compliance with the provisions of this Part, and to protect the public peace, health, safety, morals or welfare of the City or its Inhabitants. 4604. TRANSFER AND DURATION OF REGISTRATION. REORGANIZATION OF BUSINESS ENTITY. No registration issued hereunder shall be transferable.Registrations issued hereunder shall be valid until revoked. Should any private patrol oper- ation registered as such pursuant to the provisions hereof, change its business organization by becoming a partnership, corporation or individual proprietor- ship, the former registration shall be deemed automatically revoked if within thirty 30) days after the effective date of such reorganization a new appli- cation is not filed and approved pursuant to the provisions of this Part. 4605. MEM EMPLOYEES. Each private patrol operator registered hereunder, prior to employing any person who will be directly engaged in the private patrol operation, including, but not limited to, solicitors, patrolmen, investigators. and office operators, after issuance of registration, shall file with the City Manager a written application relating to such proposed employee, ir j"n prepared for that purpose by the City Manager. Upon receipt of such application, the City Manager shall conduct an investigation to determine whether such pro- posed employee is qualified pursuant to Section 4603 hereof; if the person is so qualified, the City Manager, by written notice to the registered operator.. shall add such person's name to the list of persons authorized to engage in the patrol operation. Where, as a result of his investigation, the City Manager determines that the proposed employee does not qualify pursuant to said Section 4603, he shall give notice of such decision to the operator and to the proposed employee, within five 5) calendar days from receipt of the said application. The operator shall have the right of appeal to the City Council, from such BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEŒädecision, in the time and manner set forth in Section 2900 et seq hereof. 4606. INSPECTION OF RECORDS. The City Manager shall be authorized to inspect, at any reasonable time, the business records of any registered appli- cant. Refusal to allow such inspection shall be basis for revocation of regis- tration. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEäARTICLE IV BUSINESS LICENSES AND PERMITS CHAPTER 2 BUSINESS PERMITS PART H TAX I CABS 4700. DEFINITIONS. For the purpose of this Part, certain words and phrases shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended. a) Certificate is a Certificate of Public Convenience and Necessity issued pursuant to this Part. b) Taxi cab is every automobile or motor propelled vehicle by means of which passengers are transported for hire upon any public street in the City, not over a regular or defined route, irrespective of whether the operation ex- tends beyond the boundary limits of the City or not. 4701. CERTIFICATE NECESSARY. No person shall engage in the business of providing taxicab service or of operating a taxicab upon any public street within the City without having obtained a Certificate so to do. 4702. APPLICATION. Any person desiring to obtain a certificate shall pay a filing and processing fee as set by resolution of the City Council contempor- aneously with the filing with the City Clerk of an application for said certi- ficate. Said application shall set forth: a) The name and address of the applicant, and if the same be a corpora- tion, the names of its principal officers, or if the same be a partnership, association, or fictitious company, the names of the partners or persons com- prising the association or company, with the address of each. b) A complete schedule of the fares or rates proposed to be charged. c) A description of every motor vehicle which is proposed for certifi- cated use, giving: 1) Trade name 2) Motor and serial number 3) State license number 4) Seating capacity 5) Body Style d) The street number and exact location of the place where the appli- cant proposes to establish taxi stands. e) The name of the legal and registered owner of each such vehicle. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEŽäf) The distinctive color scheme, name, monogram, or insignia, which shall be used on such taxicabs. g) If any proposed stand is in the public street, said application shall be accompanied by a written consent thereto of all the occupants of the ground floor of any building or lot in front of which such taxi cab is to be located, and for twenty-five feet each way therefrom, or If there is no such occupant, by the written consent thereto of the owner or lessee of such buildinq or lot. 4703. HEARING ON APPLICATION. Upon receipt of any application referred to in Section 4702. the City Clerk shall set a time, not less than ten nor more than thirty days thereafter for the hearing of the said application be- fore the City Council, and shall give written notice of the time and place of such hearing, to the applicant. 4704. SAME. ISSUANCE. At the time set for the hearing of such appli- cation, the City Council may examine the applicant and all persons interested in the matter set forth in said application, and shall determine whether or not the public interest, convenience and necessity, require the issuance of the certificate applied for. If it be fodnd by the Council that the public interest, convenience and necessity require the issuance of the certificate applied for, it shall order the City Manager to issue a certificate in accor- dance with said application, subject to the provisions of this Part, and such conditions of approval as may be imposed by said City Council including, but not limited to, rates to be charged. 4705. GROUNDS FOR DENIAL. Any of the following reasons shall be suffi- cient for denial of said certificate: a) That the application is not in the form, and does not contain the information required to be contained therein by this Part; or b) That the vehicles described therein are inadequate or unsafe for the purposes for which they are to be used; or c) That the color scheme, name, monogram, or insignia to be used upon such automobiles would be in conflict with or imitate any other certificate; or d) That the location of the stand, as requested would congest or inter- fere with travel on any public street, or that the proposed stand is within three hundred feet of any other taxistand theretofore fixed by the City Council on the same street; or e) That the City Council finds that there are a sufficient number of taxicabs and automobiles for hire in the City to fully serve the public and that the granting of more certificates would unduly congest the traffic and interfere with the free use of the public streets by the public, and that the public interest, convenience and necessity do not require the issuance of BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEäsuch certificate. 4706. INSURANCE REQUIRED. Before a certificate shall be issuer by the City Manager, the applicant to whom a certificate shall have been awarded, shall deliver to the City Manager a certificate of insurance, executed by a company duly authorized under the laws of the State to do an insurance business by the provisions of which policy the said company promises and undertakes to pay in full all claims for damages to persons or property resulting from the opera- tion of the automobile referred to in said application, provided that the maximum amount for which liability shall be assumed for injury to or death of one person in any one accident shall be in minimum amounts set by the City Manager. 4707. REVOCATION. Any certificate granted unaer the provisions of this Part may be revoked by the City Council, after the conduct of a hearing hereon, noticed as provided in Section 4703 hereof, for any of the following reasons: a) That the insurance required hereby has not been given or has been withdrawn or lapsed, for any reason; or b) For the nonpayment to the City of any license fee required by this Code; or c) For failure to observe any of the rules and regulations ov provisions set out in this Part or in the certificate; or d) For the violation of any applicable law by any certificate holder, operator or driver of any taxicab covered by such certificate; or e) For the failure to maintain satisfactory service to the public; or f) For any cause which in the opinion of the City Council makes it contrary to the public interest, convenience and necessity for the certificate to be continued in effect. 4708. APPLICATION FOR PERMISSION TO CHANGE. In the event that any certi- ficate holder desires to change his schedule of rates and charges or the color scheme, name, monogram or insignia used on such taxicab, or to substitute any vehicle for and in place of the vehicle described in the application, or to increase or decrease the number of vehicles used by him as taxicabs, he shall first pay a filing and processing fee as set by resolution of the City Council contemporaneously with the filing with the City Clerk of an application for permission to do so from the City Council, which permission shall be granted if, in the discretion of the City Council, it deems the public interest, necessity and convenience will ba served by such change, a.id if the ctirtif;(iiu mdpr h'as complied with all provisions of this Part. 4709. REFUSAL TO PAY MORE. No person shall refuse to pay the legal fare for the hire of any taxicab, after having hired the same, with the intent to defraud the person from whom it is hired. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEä4710. RULES AND REGULATIONS. The following rules and regulations shall be observed by all persons operating taxi cabs: a) Distinctive Hat. Each person driving a taxicab shall wear a dis- tinctive hat or cap witn a badge in plain sight inscribed with the name of the person to whom the certificate has been issued. b) Standing. No taxicab driver shall when soliciting passengers, re- main standing upon any public street except for loading and unloading passen- gers, and then not for a period of more than five minutes, except at an approved taxi stand. c) Consent of Passenger. No operator, driver or owner of any taxicab shall solicit or carry any passenger after such taxicab shall have been en- gaged or while in use for another passenger without the consent of the passen- ger first engaging the same, having been obtained. A passenger or passengers engaging such taxicab shall have the exclusive right to full and free use of the passenger compartment and the whole thereof if he desires the same. d) Safe. Direct Carriage. The driver of any taxicab shall carry any passengers engaging the same safely and expeditiously to their destination bv the most crirect and accessible route. f e) Mechanical Conditions. All taxi cabs shall be kept in good mechanical condition. f) Driver's License^ No person shall drive a taxicab in the City with- out first having obtained a California Chauffeur's license. g) Posting Necessary Information. Every taxicab shall have posted in the passenger's compartment, a schedule of rates and charges for the hire of said vehicle; also a card bearing the driver's name and address and the owner's name, address and telephone number, the cab number, and the City Police De- partment phone number, all contained in a small container or holder at least three to four inches in size, and placed in a conspicuous place in the passen- ger compartment. h) Driver Remain Near Cab. The driver of a taxicab shall remain immediately adjacent to said taxicab while parked at any approved taxistand. i) Charge. No charge shall be made by any operator or owner of a taxicab in excess of the approved rates. j) Clean Compartment. No taxicab shall be operated unless the passen- ger compartment be kept clean and in sanitary condition. k) Fire Extinguisher. Every taxicab shall be equipped at all times with a standard type of fire extinguisher in operating condition. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE‘äARTICLE IV BUSINESS LICENSES AND PERMITS CHAPTER 2 BUSINESS PERMITS PART I TEMPORARY USE PERMITS 4800. TEMPORARY USE PERMITS> A Temporary Use Permit shall be required for each of the activities enumerated in Section 4801 hereof, and all acti- vities which are similar or related thereto, except those activities sponsored by the City or other public agency. Said activities, being temporary in nature possess characteristics of such unique and special form as to make impractical their operation without specific approval, upon such conditions a^ may be deemed appropriate, in the manner hereinafter set forth in this Part. 4801. ACTIVITIES INCLUDED. No person shall sponsor, participate or engage in any of the following enumerated activities, without first obtaining Temporary Use Permit therefor, issued by the City Manager. a) Circuses. b) Carnivals. c) Fairs- d) Temporary outdoor exhibits of equipment, goods, or merchandise. e) Aircraft and helicopter landings and demonstrations, and parachutist demonstrations. f) Christmas Tree sales, except for those conducted as an integral part of a business which has a valid business license, issued pursuant to this Code. The duration of permits for the activities enumerated in subparagraphs a) through e) inclusive, shall be limited to a period not to exceed seven 7) consecutive calendar days; the duration of a permit required pursuant to subparagraph f) shall not exceed thirty 30) days. 4802. FEES. EXEMPTIONS. A filing and investigation fee as set bv resolution of the City Council shall be required with each application for a Temporary Use Permit. No such fee shall be required from an applicant who is exempt from the payment of business license taxes pursuant to this Code. 4803. ISSUANCE. DENIAL. a) Issuance. The City Manager shall, upon proper application, issue a Temporary Use Permit if he determines that the proposed activity can, and will, be conducted in a manner compatible with the preservation of the public peace, safety, health and general welfare, and will not be injurious or BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE’ä4009^ Cowti fflu'ed*)? detrimental to property located in the immediate vicinity of the proposed location for the activity. Denial * The City Manager shall refuse to issue a permit if the activity would not be compatible with the preservation of the public peace, safety or general welfare, or if the same would be injurious or detrimental to properties adajcent to, or in the vicinity of, the proposed location of the activity. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE“äARTICLE V FISCAL MATTERS CHAPTER 1 SALES TAX 5000. SHORT TITLE. This Chapter shall be known and cited as the Uniform Local Sales and Use Tax Ordinance" of the City. 5001. RATE. The rate of sales tax and use tax imposed by this Chapter shall be one 1) per cent. 5002. OPERATIVE DATE. This Chapter shall be operative on January 1, 1974. 5003. PURPOSE. The City Council hereby declares that this Chapter is adopted to achieve the following, among other, purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes* a) Comply With State Codes. To adopt a sates and use tax ordinance which complies with the requirements and limitations contained in Part 1.5 of Division 2 of the Revenue and Taxation Code. b) Incorporate State Revenue Provisions. To adopt a sales and use tax ordinance which incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not incon- sistent with the requirements and limitations contained in Part 1.5 of Division 2 Of the Revenue and Taxation Code. c) Establish a Tax. To adopt a sales and use tax ordinance which imposes a tax and provides a measure therefor that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from the existing statutory and administrative procedures followed by the State Board of Equali- zation in administering and collecting the California State Sales and Use Taxes. d) Minimize Administration, To adopt a sales and use tax ordinance which can be administered in a manner that will, to the degree possible consistent with the provisions of Part 1.5 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting City sales and use taxes and at the same time minimize the burden of record keeping upon persons subject to taxation under the provisions of this Chapter. 5004. OPERATIVE DATE. CONTRACT WITH STATE. Prior to the operative date this City shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this sales and use tax ordinance; provided, that if this City shall not have contracted with the State Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract rather than the first day of the first calendar quarter following the adoption of this Chapter. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE”ä5005. SALES TAX. For the privilege of selling tangible personal property at retail a tax is hereby imposed upon all retailers in the City at the rate stated in Section 5001 of the gross receipts of the retailer from the sale of all tangible personal property sold at retail in this City on and after the operative date. 5006. PLACE OF SALE. For the purposes of this Chapter, all retail sales are consummated at the place of business of the retailer unless the tangible per- sonal property sold is delivered by the retailer or his agent to an out-of-State destination or to a common carrier for delivery to an out-of-State destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the State sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equali- zation. 5007. USE TAX. An excise tax is hereby imposed on the storage, use or other consumption in this City of tangible personal property purchased from any retailer on and after the operative date for storage, use or other consumption in this City at the rate stated in Section 5001 of the sales price of the prop- erty. The sales price shall include delivery charges when such charges are subject to State sales or use tax regardless of the place to which delivery is made. 5008. ADOPTION OF PROVISIONS OF STATE LAM, Except as otherwise provided in this Chapter and except insofar as they are inconsistent with the provisions of Part 1.5 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this Chapter as though fully set forth herein. 5009. LIMITATIONS ON ADOPTION OF STATE LAW. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. The substitution, however, shall not be made when the word State" is used as part of the title of the State Controller, the State Treasurer, the State Board of Control, the State Board of Equalization, the State Treasury, or the Constitution of the State of California; the sub- stitution shall not be made when the result of that substitution would require action to be taken by or against the City, or any agency thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this Chapter; the substitution shall not be made in those sections, including, but not necessarily limited to, sections referring to the exterior boundaries of the State of alifornia, where the result of the substitution would be to provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax white such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or to impose this tax BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE•äwith respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the State under the said provisions of that Code; the substitution shall not be made in Sections 6701, 6702 except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code; and the substitution shall not be made for the word State" in the phrase retailer engaged in business in this State" in Section 6203 or in the definition of that phrase in Section 6203. 5010. PERMIT NOT REQUIRED. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional seller's permit shall not be required by this Chapter. 5011. EXCLUSIONS AND EXEMPTIONS. There shall be excluded from the mea- sure of tax: a) The amount of any sales or use tax imposed by the State of California upon a retailer or consumer. b) The storage, use or other consumption of tangible personal property, the gross receipts from the sate of which has been subject to sales tax under a sales and use tax ordinance enacted in accordance with Part 1.5 of Division 2 of the Revenue and Taxation Code by any city and county, county, or city in this State. c) The gross receipts from sales to, and the storage, use or other con- sumption of property purchased by, operators of common carriers and waterborne vessels to be used or consumed in the operation of such common carriers or waterborne vessels principally outside this City. d) The storage or use of tangible personal property in the transportation ori transmission of persons, property or communications, or in the generation, transmission or distribution of electricity or in the manufacture, transmission or distribution of gas in intrastate, interstate or foreign commerce by public utilities which are regulated by the Public Utilities Commission of the State of California. 5012. EXCLUSIONS AND EXEMPTIONS. a) The amount subject to tax shall not include any sales or use tax im- posed by the State of California upon a retailer or consumer. b) The storage, use, or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to tax under a sales and use tax ordinance enacted in accordance with Part 1.5 of Division 2 of the Revenue wd Taxation Code by any city and county, county, or city in this State shall be exempt from the tax due under this Chapter. c) There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of waterborne vessels to be used or consumed principally outside the city in which BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE–äthe sale is made and directly and exclusively in the carriage of persons or property in such vessels for commercial purposes. d) The storage, use, or other consumption of tangible personal property purchased by operators of waterborne vessels and used or consumed by such oper- ators directly and exclusively in the carriage of persons or property of such vessels for commercial purposes is exempted from the use tax. e) There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of the State, the United States, or any foreign government. f) In addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code the storage, use, or other consumption of tan- gible personal property purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government is exempted from the use tax. 5013. APPLICATION OF PROVISIONS RELATING TO EXCLUSIONS AND EXEMPTIONS. a) Section 5012 of this Chapter shall become operative on January 1st of the year following the year in which the State Board of Equalization adopts an assessment ratio for State-assessed property which is identical to the ratio which is required for local assessments by Section 401 of the Revenue and Taxa- tion Code, at which time Section 5011 of this Chapter shall become Inoperative. b) In the event that Section 5012 of this Chapter becomes operative and the State Board of Equalization subsequently adopts an assessment ratio for the State-assessed property which is higher than the ratio which is required for local assessments by Section 401 of the Revenue and Taxation Code, Section 5011 of this Chapter shall become operative on the first day of the month next follow- ing the month in which such higher ratio is adopted, at which time Section 5012 of this Chapter shall be inoperative until the first day of the month following the month in which the Board again adopts an assessment ratio for State-assessed property which is identical to the ratio required for local assessments by Section 401 of the Revenue and Taxation Code, at which time Section 012 shall again become operative and Section 5011 shall become inoperative. 5014. AMENDMENTS. All subsequent amendments of the Revenue and Taxation Code which relate to the sales and use tax and which are not inconsistent with Part 1.5 of Division 2 of the Revenue and Taxation Code shall automatically become a part of this Chapter. 5015. ENJOINING COLLECTION FORBIDDEN. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE—äfffli arny court against the State or this City, or against any officer of the State or this City, to prevent or enjoin the collection under this Chapter, or Part 1.5 of Division 2 of the Revenue and taxation Code, of any tax or any amount of tax required to be collected. 5015. PENALTIES. Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500 00 or by imprisonment for a period of not more than six months, or by both uch fine and imprisonment. 5017. SEVERABILITY. If any provision of this Chapter or the application thereof to any person or circumstance is held invalid, the remainder of the Chapter and the application of such provision to other persons or circumstances shall not be effected thereby. 5018. REPEALS. Ordinance No. 8, as amended by Ordinance No. 203, is hereby repealed; provided, however, that said ordinance, as amended, shall remain applicable for the purposes of the administration of said ordinance and the imposition of and the collection of tax with respect to the sales of, and the storage, use,.or other consumption of tangible personal property prior to January 1, 1974, the making of refunds, effecting credits, the disposition of monies collected, and for the commencement or continuance of any action or pro- ceeding under said ordinance. / BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE˜äARTICLE V FISCAL MATTERS CHAPTER 2 TRANSIENT OCCUPANCY TAX 5100. TRANSIENT OCCUPANCY TAX. The tax levied by this Chapter shall be known as the Transient Occupancy Tax". 5101. DEFINITIONS. Except where the context otherwise requires, the definitions contained in this section shall govern the construction of this chapter: a) Person means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, cor- poration, estate trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. W Hotel means any structure or any portion of any structure, which is occupied or intended or designated for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn. tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobilehome or house trailer at a fixed location, or other similar structure or portion thereof, c) Occupancy means the use or possession, or the right to the use or possession of any room or rooms or portion thereof, in any hotel for dwelling, lodging or sleeping purposes. W Transient means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty 30) consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty 30) days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of this Chapter may be considered. e) Rent means the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. f) Operator means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs his functions through a BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE™ämanaging agent of any type or character ether than an employee, the managing agent shall also be deemed an operator for the purposes of this Chapter and shall have the same duties and liabilities as his principal. Compliance with the provisions of this Chapter by either the principal or the managing agent shall, however.^ be considered to be compliance by both. 5102. TAX IMPOSED. For the privilege of occupancy in any hotel, each transient is subject to and shc.1^ pay a tax in the amount of five 5%) percent of the rent charged by the operator. Said tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator or to the City, The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportion- ate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the trnsient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the City Manager may require that such tax shall be paid directly to the City Manage", 5103. EXEMPTIONS^ No tax shall be imposed upon: a) Any person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the tax herein provided; b) Any federal or State of California officer or employee when on official business; c) Any officer or employee of a foreign government who is exempt by reason.of express provision of federal law or international treaty. No exemp- tion shall be granted except upon a claim therefor made at the time rent is collected and under penalty of perjury upon a form prescribed by the City Manager. 5104. OPERATOR'S DUTIES. Each operator shall collect the tax imposed by this Chapter to the same extent and at the same time as the rent is col- lected from every transient. The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator. No operator of a hotel shall advertise or state, in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner hereinafter provided. 5105. REGISTRATION. Within thirty 30) days after the effective date of this Chapter, or within thirty 30) days after commencinq business, whichever is later, each operator of any hotel renting occupancy to transients shall register said hotel with the City Manager and obtain from him a Transient Occupancy Registration Certificate" to be at all times posted in a conspicuous place on the premises. Said certificate shall among other things, state the following: a) The name of the operator; and b) The address of the hotel; and BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEšäc) The date upon which the certificate was issued; and d) The following statement: This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirement of this part by registering with the City Manager for the purpose of collecting from transient the Transient Occupancy Tax and remitting said Tax to the City Manager. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlaw- ful manner, nor to operate a hotel without strictly complying with all local applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of this City. This certificate does not constitute a permit". 5106. REPORTING AND REMITTING. Each operator shall, on or before the last day of the month following the close of each calendar quarter, or at the close of any shorter reporting period which may be established by the City Manager, make a return to the City Manager, on forms provided by him of the total rents charged and received and the amount of tax collected for transient occupancies. At the time the return is filed, the full amount of the tax collected shall be remitted to the City Manager. The City Manager may esta- blish shorter reporting periods for any certificate holder if he deems it necessary in order to insure collection of the tax and he may require further information in the return. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pur" suant to this Chapter shall be held in trust for the account of the City unti payment thereof is made to the City Manager. 5107- PENALTIES AND INTEREST. a) Original Delinquency. Any operator who fails to remit any portion of any tax imposed by this Chapter, within the time required, shall pay a penalty of ten percent 10%) of the amount of the tax, in addition to the arnoi^, of the tax. b) Continued Delinquency. Any operator who fails to remit any delinquent remittance on or before a period of thirty 30) days following the date on which the remittance first became delinquent, shall pay a second delinquency penalty of ten percent 10%) of the amount of the tax in addition to the amount of the tax and the ten percent 10%) penalty first imposed. c) Fraud. If the City Manager determines that the nonpayment of an;.' remittance due under this Chapter is due to fraud, a penalty of twenty-five percent 25%) of the amount of the tax shall be added thereto in addition to the penalties stated in subparagraphs a) and b) of this Section- d) Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this Chapter shall pay interest at the rate of one-half of one percent 1/2%) per month or f^" or rr;^ s-^ he moEspt F the tax, exclusive of penalties, from the date on iiich trie esri, f-ibL became delinquent until paid. e) Penalties Merged with Tax. Every penalty imposed and such interest BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE›äas accrues under the provisions of this Section shall become a part of the tax herein required to be paid. 5108. FAILURE TO COLLECT AND REPORT TAX. DETERMINATION OF TAX BY CITY MANAGER. If any operator shall fail or refuse to collect said tax and to make. within the time provided in this Chapter, any report and remittance of said tax or any portion thereof required by this Chapter the City Manager shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the City Manager shall procure such facts and information as he is able to obtain upon which to base the assess- ment of any tax imposed by this Chapter and payable by any operator who has failed or refused to collect the same and to make such report and remittance, he shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this Chapter. In case such determination is made, the City Manager shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States Postal Service, postage pre- paid, addressed to the operator so assessed at his last known place of address, Such operator may within ten 10) days after the serving or mailing of such notice make application in writing to the City Manager for a hearing on the amount assessed. If application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the City Manager shall become final and conclusive and immediately due and payable. If such application is made, the City Manager shall give not less than five 5) days written notice, in the manner prescribed herein, to the operator to show cause at a time and place fixed in said notice why said amount specified therein should not be fixed for such tax, interest and penalties. At such hearing, the operator may appear and offer evidence why such specified tax, interest and pen- alties should not be so fixed. After such hearing the City Manager shall deter- mine the proper tax to be remitted and shall thereafter give written notice to the person in the manner prescribed herein of such determination and the amount of such tax, interest and penalties. The amount determined to be due shall be payable after fifteen 15) days unless an appeal is taken as provided in Section 5109. 5109. APPEAL. Any operator aggrieved by any decision of the City Manager with respect to the amount of such tax, interest and penalties, if any, may appeal to the City Council by filing an appeal in the time and manner set forth in Section 2900 et seq hereof. Any amount found by the Council to be due, shall be immediately due and payable upon the service of notice of the Council's action 5110. RECORDS. It shall be the duty of every operator liable for the collection and payment to the City of any tax imposed by this Chapter, to keep and preserve, for a period of three 3) years, all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and payment to the City, which records the City Manager shall have the right to inspect at all reasonable times. 5111. REFUNDS. a) Whenever the amount of any tax, interest or penalty has been over- paid or paid more than once or has been erroneously or illegally collected or BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEœäreceived by the City under this Chapter it may be refunded as provided in sub- paragraphs b) and c) of this Section, provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the ity Manager within three 3) years of the date of payment- The claim shall be on forms furnished by the City Manager. b) An operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more thun once or erroneously or illegally collected or received when it is established in a manne^ prescribed by the City Manager that the person from whom the tax has been collected was not a transient; provided,however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator. c) A transient may obtain a refund of taxes overpaid or paid more h^ once or erroneously or illegally collected or received by the City by fih'n, claim in the manner provided in subparagraph a) of this Section, but only when the tax was paid by the transient directly to the City Manager, or when th? transient having paid the tax to the operator established to the satisfaction of the City Manager that the transient has been unable to obtain a refund from the operator who collected the tax. d) No refund shall be paid under the provisions of this Section unless the claimant establishes his right thereto by written records showing entitle- ment thereto. 5112. ACTIONS TO COLLECT. Any tax required to be paid by any transient under the provisions of this Chapter shall be deemed a debt owed by the trans- ient to the City. Any such tax collected by an operator which has not been paid to the City shall be deemed a debt owed by the operator to the City. Any person owing money to the City under the provisions of this Chapter shall be liable to an action brought in the name of the City of Baldwin Park for the recovery of such amount- 5113. VIOLATIONS. MISDEMEANOR. Any operator or other person who fails or refuses to register as required herein, or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the City Manager, or who renders a false or fraudulent return or claim, is guilty of a misdemeanor, and is punishable as provided in Section 1100 of this Code. Any person required to make, render, sign or verify any report or claim who makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due required by this Chapter is guilty of a misdemeanor and is punishable as aforesaid. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEäARTICLE V FISCAL MATTERS CHAPTER 3 REAL PROPERTY TRANSFER TAX 5200. TITLE. This Chapter shall be known as the Real Property Transfer Tax Law of the City of Baldwin Park". 5201. AUTHORITY. This Chapter is adopted pursuant to the authority con- tained in Part 6.7 connencing with Section 11901) of Division 2 of the Re- venue and Taxation Code of the State of California, to which reference is hereby made. 5202. IMPOSITION OF TAX. There is hereby imposed, on each deed, instru- ment or other writing, by which any lands, tenements, or other realty sold within the City of Baldwin Park, shall be granted, assigned, transferred or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his or their direction, when the consideration or value of the interest or property conveyed exclusive of the amount of any lien or encumbrance remaining thereon at the time of sate) exceeds one hundred dollars $100), a tax at the rate of twenty-seven and one-half cents $0.275) for each five hundred dollars $500), and each fractional part, of the value or consi- deration given for such transfer. The tax imposed pursuant to this Chapter shall be paid by any person who makes, signs or issues any such document subject to the tax, or for whose use or benefit the same is made, signed or issued. 5203. EXEMPTIONS. Taxes imposed pursuant to this Chapter shall not apply: a) to any instrument in writing given to secure a debt; or b) to the United States or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, or the District of Columbia with respect to any deed, instrument, or writing to which it is a party, but the tax shall be collected by assessment, from any ot?.er pdrty to such transaction who is liable therefor pursuant to the provisions hereof; or c) to the3making. delivering or filing of conveyances to make ef- fective any plan of reorganization or adjustment: 1) confirmed under the Federal Bankruptcy Act, as amended; or 2) approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in subdivision ill) of Section 205 of Title 11 of the United States Code, as amended; or BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEžä5203. Continued) 3) approved in an equity receivership proceeding in a court involving a corporation, as defined in subdivision 3) of Section 506 of Title 11 of the United States Code, as amended; or 4) whereby a mere change in identity, form or place of organization is affected. Subdivisions 1) to 4) inclusive, of this subsection shall only apply if the making, delivery or filing of instruments of transfer or conveyances occurs within five years from the date of such confirmation, approval or change or d) to the making or delivery of conveyances to make effective any orde^ cf the Securities and Exchange Commission, as defined in subdivision a) of Section 1083 of the Internal Revenue Code of 1954; but only if: 1) the order of the Securities and Exchange Commission, in obedience to which such conveyance is made, recites that such con- veyance is necessary or appropriate to effectuate the provisions of Section 79k of Title 15 of the United States Code. relating to the Public Utility Holding Company Act of 1935; and 2) such order specifies the property which is ordered to be conveyed; and 3) such conveyance is made in obedience to such order; or e) 1) by reason of any transfer of an interest in a partnership or otherwise, if-: a. such partnership or another partnership) is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954; and b. such continuing partnership continues to hold the realty concerned; or 2) if there is a termination of any partnership, within the meaning of Section 708 of the Internal Revenue Code of 1954, for the purposes of this Chapter, such partnership shall be treated as having executed an instrument whereby there was conveyed, for fair market value exclusive of the value of any Hen or encumbrance remaining thereon), all realty held by such partnership at the time of such termination. Provided, that not more than one tax shall be imposed pursuant hereto by reason of a termination described in this subsection, and any trori1 fer pursuant thereto, with respect to the realty held by such partner- ship at the time of such termination. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEŸä5204. ADMINISTRATION. The County Recorder shall administer the pro- visions of this Chapter in conformity with the provisions of Part 6.7 of Division 2 of the Revenue and Taxation Code and the provisions of any Los Angeles County ordinance adopted pursuant thereto. 5205. REFUNDS. Claims for refund of taxes imposed pursuant to this Chapter shall be governed by the provisions of Chapter 5 commencing with Section 5096) of Part 9 of Division 1 of the Revenue and Taxation Code of the State of California. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE äARTICLE V FISCAL MATTERS CHAPTER 4 CLAIMS, DEMANDS AND WARRANTS 5300. CLAIMS. DEMANDS AND WARRANTS. Warrants, claims and demands shall be processed in the time and manner set forth in applicable laws. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE¡äARTICLE V FISCAL MATTERS CHAPTER 5 TAX PROCEDURE LAW 5400. TAX PROCEDURE LAW. ADOPTION OF. From and after the effective date of this Chapter the duties of assessing property and of collecting taxes, pro- vided by law to be performed by the assessor and the tax collector of the City, shall be performed by the County Assessor and the County Tax Collector of the County of Los Angeles, State of California, in accordance with all provisions of applicable law. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE¢äARTICLE VI PUBLIC STREETS, SEWERS AND UTILITIES CHAPTER 1 PUBLIC STREETS PART A SPECIFICATIONS AND STANDARDS 6000. SPECIFICATIONS FOR WORK ON PUBLIC STREETS. The City Council, by resolution, shall adopt standard Specifications for the construction, recon- struction, repair and maintenance of all public streets, pavement, curbs, gutters, sidewalks, drainage structures, traffic signals, sewers and related public works. Upon and after the adoption of such specifications, no person shall construct, reconstruct, maintain or repair any type of street work, as referred to in said specifications, except in conformity therewith. 6001. SPECIFICATIONS. MODIFICATION. The Director of Public Works may modify, vary or add to said specifications when, because of special circum- stances or conditions pertaining to a particular job or area, such modification, variation or addition is required to secure the desired standard of work. Such modifications, variations or additions shall, as soon as possible after comple- tion, be submitted to the City Council for approval or ratification, as the case may be. 6002. DATUM PLANE ESTABLISHED. Sea level is hereby declared to the datum plane or base elevation for the City for the purpose of establishing and desig- nating the official elevations and grades of streets, sewers and other public works within the City. 6003. STREET WORK. BARRICADES AND WARNINGS. No person shall ride or drive any animal, or drive or propel any vehicle or bicycle, or walk or throw any object upon any portion of any public street where street work is in pro- gress and where there is a barrier or barricade to prevent traveling upon such portion of such public street, or at or near which there is a sign stating that the street is closed, or where warning lights are maintained to indicate that said street is closed. Nor shall any person injure, destroy or remove any such barrier, barricades or warning lights except under orders of the person having charge of such street work. 6004. STREET WORK. NEWLY MADE PAVEMENT. No person shall drive or ride any animal or drive or propel any vehicle or walk or go upon, over or across or throw any object upon any newly made pavement, sidewalk, curb, gutter or related street improvement work until all barriers or barricades protecting the work have been removed, nor shall any person deface any such newly made pave- ment, sidewalk, curb, gutter or related street improvement work- BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE£ä6005. VEHICLE WITH STUDS, CLEATS, FLANGES, ETC. No person shall drive along or upon any paved, macadamized or improved street or any public street, culvert or bridge in the City, any tractor, or motor vehicle having as a part of said vehicle, coming in contact with the surface of any street, any block, stud, flange, cleat, ridge, bead or any other protuberance of metal or wood which projects beyond the tread or traction surface of the tire, or wheel, which will or might cause damage to the pavement or surface of any such street; this Section shall not be deemed to prohibit the use of anti-skid chains of reasonable proportions on pneumatic tires attached to the wheels of motor vehicles. 6006. PUBLIC STREETS. UNAUTHORIZED DEPOSITS. No person shall throw, deposit, or place or cause to be deposited or placed any materials in or upon any public street, alley, sidewalk, parkway or any other public place without the permission the Director of Public Works, except refuse as provided for in Section 3800 et seq. hereof, properly contained and set out for collection. 6007. PUBLIC STREETS. OBSTRUCTIONS. Except as provided in Part D hereof, no person shall leave, place or cause to be left or placed in any alley, street, sidewalk, parkway or any other public place in the City any obstruction, whatsoever which interferes with the free and uninterrupted use of such alley, street, sidewalk, parkway or other public place by any person or vehicles. 6008. PUBLIC STREETS. REMOVAL OF OBSTRUCTIONS. The Director of Public Works shall immediately notify any person found to be obstructing any street, alley, sidewalk, parkway or other public place, in violation of Section 6007 or 6008 of this Code, to remove the obstruction. If within a reasonable time after the giving of notice, the same has not been removed, the same shall be deemed to be a public nuisance. Thereupon, the Director of Public Works shall proceed to remove the same. All costs incurred by the City. including admini- strative costs, shall be charged to the person responsible for the obstruction. 6009. PUBLIC STREETS. CLOSURE OR RESTRICTION OF USE. The Director of Public Works may restrict the use of, or close, any City street whenever he con- siders such closing or restriction of use necessary: a) For the protection of the public; or b) For the protection of such City streets from damage during storms; or c) During construction, improvement or maintenance operations thereon. 6010. SIDEWALKS AND DRIVEWAYS. REPAIRS. It shall be the responsibility of the owner of each lot or portion of such lot fronting on any portion of a BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE¤äpublic street to maintain all driveway approaches and/or adjoining sections of sidewalk over which vehicles pass that are located in parkways abutting such lot, in such a condition that the driveway approach and/or sidewalk will not constitute a hazard to person or property and will not interfere with the public convenience and necessity in the use of said sidewalk and/or driveway approach. 6011. SIDEWALKS AND PARKWAYS. CLEANING AND MAINTAINING. No person shall fail, refuse or neglect to keep the sidewalk or parkway in front of his property in a clean condition and free of all accumulations of weeds, dirt and debris. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE¥äARTICLE VI PUBLIC STREETS, SEWERS AND UTILITIES CHAPTER 1 PUBLIC STREETS PART B STREET BENCHES 6020. ENFORCEMENT. The City Manager shall enforce the pro- visions of this Part and shall have complete authority over the Installation and maintenance of benches, subject to the provisions herein. 6021. DEFINITIONS. For the purpose of this Part, the following words and phrases shall have the meanings respectively ascribed to them: a) Bench means a seat located upon public property alona any public way for the accommodation of passers-by or persons awatihq transportation. b) Street means any public thoroughfare or way includinq the sidewalk, the parkway and any other public property immediately adjacent'to a public street. 6022. PERMIT REQUIRED. No person shall install or maintain any bench on any street without a permit therefor from the City Manager; a separate permit shall be obtained for each bench. Such permits shall be valid only for the particular location specified thereon, and for a period of one 1) year, Each permit shall bear a separate number and not more than two permits shall be issued for any one location. 6023. PERMIT APPLICATION. No bench permit shall be issued except upon written application show'ing the proposed location of each bench, the type of construction proposed, and such other information as the City Manager may require. 6C94. FEES. Each application must be accomparicd sy a filing and pro- cessing ree as set by rbsnuition c7 the C'tv lounr'. \" ir3 /c^ hprc^' part of such fee shal; be refundable. 6025. DENIAL OF APPLICATION. A permit application shall be denied if the City Manager finds that the maintenance of the bench would tend to obstruct passage along any public way or create a hazard or would otherwise be detri- mental to the public safety, welfare or convenience. 6026. REVOCATION. a) Any permit may be revoked, or renewal thereof denied, for any vio- lation of any of the provisions of this Section, for any fraud or misrepresen- tation in the application, or for any other reason which would have been grounds for denial of the application. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE¦ä b) Afiy pey*ffl1t Issued under this part shall be cancelled and revoked If thfe B@WU6e fails to place the bench within sixty 60) days after the date 6^ lh@ Issuance of the permit. 6027. REMOVAL OF BENCHES BY THE CITY. After the revocation of any permit. the City Manager may remove and store the bench, if the permittee fails to do so within ten 10) days after beinq given notice of such revocation. The permittee may recover the bench, if within sixty 60) days after the removal, he pays the cost of such removal and storage, which shall be a fee as set by resolution of the City Council for each such bench. After sixty 60) days, the City Manager may sell, destroy or otherwise dis- pose of the bench at his discretion. All of the foregoing shall be at the sole risk of the permittee, and shall be in addition to any other penalties pro- vided by law for the violation of this Section. 6028. NEW PERMIT REQUIRED UPON SALE OR TRANSFER OF TITLE. Whenever a bench for whTTii a permit nil been issued is so7d or t1tTe~or control thereof assigned or, transferred, a new permit shall be obtained for its maintenance. 6029. ADVERTISING AND SIGNS ON BENCHES. No advertising matter or sign whatever shall be displayed upon any bench, except for public service announcements, subject to the approval of the City Manaqer. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE§äARTICLE VI PUBLIC STREETS, SEWERS AND UTILITIES CHAPTER 1 PUBLIC STREETS PART C HOUSE NUMBERS 6030. ASSIGNMENT OF HOUSE NUMBERS. The Director of Public Works shall assign to all lots and buildings speciTic street numbers that shall be con- sistent with the house numbering system of the City as it presently exists or as it may be amended upon instructions from the City Council. 6031. CURB PAINTED HOUSE NUMBERS. a) Authority. No person shall paint house address numbers on the curb of any public street without first having obtained a permit therefor from the City Manager. No such permit shall be issued unless the City Manager finds that the issuance thereof is in the public interest. s b) Type of Markings. Where a permit is obtained allowing the painting of house address numbers on street curbs, such markings shall consist of a white field with black letters thereon. The field shall be reflectorized by clear glass spherical beads applied with force against the white field paint while the same is still tacky so that the beads will be firmly bonded to the field paint upon drying. The field and numeral borders shall be sharply de- fined with no running or blurring of edges. The numerals shall be four inches in height. The field shall have a minimum border of one 1) inch at all edges of the numerals. All work shall be performed in accordance with specifications prepared by the Director of Public Works, BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE¨äARTICLE VI PUBLIC STREETS, SEWERS AND UTILITIES CHAPTER 1 PUBLIC STREETS PART D CONSTRUCTION. EXCAVATION, ENCROACHMENT. MOVING AND LOAD REGULATIONS DIVISION 1 DEFINITIONS 630(L DEFINITIONS. The following words and phrases, when used in this Part, shall, for the purpose of this Part, have the meanings respectively as- cribed to them herein. a) Base Material means that portion of the highway located between the pavement and the native soil. b) Director means the Director of Public Works. r c) Driveway Approach means that portion of the public right of way between the property line and the pavement where vehicles enter and leave property abuttina the street. d) Encroachment means any obstruction, tower, pole, pole line, pipe, fence, wire, cable, conduit, stand or building, or any other structure or object of any kind or character which is placed in, along, under, over or across the highway. e) Height as that term relates to vehicles and their loads, means that dimension measured from the level surface upon which the vehicle stands to the highest projection thereof in a vertical line. f) Highway means any dedicated public right of way. g) Load means any object or thing, which when transported by a vehicle or combination of vehicles, over, upon, along or across any highway is required to have a special permit in accordance with provisions of the VbBicle Code and includes, but is not limited to, any house, vessel, machine, equipment, trans- former, tree» girder, boat or airplane. h) Moving Contractor means any person who for himself or for another moves or causes to be moved, any load over, upon, along or across any highway. i) Native Soil means the compacted soil that is native" or common" to the site. j) Overhead Structure means any structure other than franchise utility facilities extending over the dedicated portion of a highway, but excluding such projections from buildings as are permitted by this Code. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE©ä6300, Continued) k) Pavement means the surfaced portion of the highway which is composed of various size aggregates mixed with Portland Cement and/or asphaltic com- pounds. f 1) Permit shall mean a permit required pursuant to this Chapter. m) Vehicle as that term relates to moving oversize or overweight vehi- cles or equipment through the City, means a vehicle or combination of vehicles as described in the Vehicle Code which: 1) whether laden or unladen is required by the Vehicle Code to have a special permit to be on any highway; or 2) is so laden that it is required to have such special permit. n) Vehicle Code means the State of California Vehicle Code in effect at the time of issuance of the permit. o) Width, as that term relates to vehicles and their loads, means that dimension measured at right angles to the anterior-posterior axis of the con- venyance upon which the load or portion thereof is, or is to be, loaded or moved. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEªäARTIGIE VI PUBLIC STREETS. SEWERS AND UTILITIES CHAPTER 1 PUBLIC STREETS PART D CONSTRUCTION. EXCAVATION, ENCROACHMENT. MOVING AND LOAD REGULATIONS DIVISION 2 PERMIT PROCEDURE 6400. PERMITS. a) Permit Required. Every person shall obtain a permit from the Director of Public Works for.any of the following: 1) Moving or causing to be moved over. along or across any highway any Load" or Vehicle"; 2) Making or causing to be made any excavation or encroach- ment in any highway; 3) Placing, changing or relocating any encroachments; 4) Placing, constructing, or repairing any c'jrb, gutter, sidewilk, driveway, pavement, base course, retaining wall, storm drain, culvert, or other work of any nature, located on, in, over, under, along or across any highway; 5) Constructing, reconstructing, repairing or maintaining any overhead structure or other appurtenant facility within any highway; 6) Placing or leaving any impediment to travel upon any highway* No person shall participate in, or perform or cause to be performed any of the acts described in this Section unless there is in full force and effect a validly issued permit therefor. Each permittee shall present for inspection, a copy of the permit to any public official upon his request therefor, made at any reasonable time and place. b) Permit Applications. Applications for permits shall be made upon a form provided by the Director. Such applications shall clearly specify the following: 1) The nature of the activity; BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE«ä6400. Continued) 2) The location of the activity; 3) The duration of the activity; 4) The name, address and legal status of the applicant; 5) The name and address of the person who will DC in charge of the activity; 6) Such other information as the Director deems necessary, including, but not limited to plans and specifications for the project contemplated. c) Save Harmless Agreement. On each application the applicant or his agent shall sign a statement that he agrees to preserve and save harmless the City and each officer and employee thereof from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring as a proximate result of his activities pursuant to the permit applied for. d) Expiration of Permit. Time Extension. Each permit shall specify the time the permit shall become null and void and the permit shall become null and void on the date so specified unless the time is extended. The Director, for good cause, may extend such time. e) Issuance of Permit. The Director shall issue the permit as requested, i^ he finds: 1) That the activity will not cause any unreasonable interference with the public's use of the highway; and 2) That the activity is reasonably necessary, and is consistent with the public interest; and 3) That the activity can be conducted without the possibility of injury to persons or property; and 4) That all fees and/or deposits required hereunder have been paid or deposited. f) Imposition of Conditions Upon Issuance. The Director shall be em- powered to conditionally issue a permit, where he finds such conditions are reasonably necessary to insure compliance with the provisions of this Code. and to carry out the purposes of this Chapter. Such conditions may include, but are not limited to, the following: 1) The relocation, reconstruction, replacement or protection of any existing objects or structures; natural or man-made; and 2) The routes to be utilized; and BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE¬ä 640GiL fContfnved) 3) The locations to be utilized; and 4^ The depth, location, dimension and number of excavations to be permitted; and 5) The type and nature of equipment, safety devices and per- sonnel to be utilized; and 4 6) The type and method of construction; 7) The duration of the term of the permit; and 8) The amount of the required security deposits to be made, if any. The amount and form of such deposits shall be set by the D^cto'", based upon the estimated cost to the City o.F administra- tion, engineering, field inspection services required. g) Denial of Application. If the Director finds that any of the facts set forth in Paragraph e) hereof are not present, he shall refuse to Issue the permit. h) Notice of Decision. The Director shall give written notice to the applicant, and ethers advising the same of his decision regarding a permit application. i) Appeal from Decision of Director. Any decision of the Director with regard to the issuance, refusal to issue, or conditional issuance of a permit shall be final and conclusive in the absence of an appeal filed In the time and manner set forth in Section 2900 et seq hereof. j) Suspension of Permit. The Director shall suspend a permit, after its issue, if he finds: 1) The operations thereunder are not being conducted in com- pliance with the provisions of this Chapter, the conditions of issuance, and all applicable laws; or 2) That the operations, as conducted, constitute a public nui- sance, or present an unwarranted possibility of injury to persons or property. In such case, the Director shall issue, and give notice of, an Order of Suspension in the manner set forth in Section 4107 hereof. Such an Order shall be effective, and subject to the appeal process in the time and manner set forth in said Section 4107. 3) That the applicant for a permit falsified information on the permit application. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE­ä6400. wttfnuerf) k) Permits Non-Transferable, Permits issued under the authority of this part are non-transferable. 1) Compliance. Every person who comnences any activity or work regulated by this part must comply with the provisions of this part, the provisions made part of any permit,and the provisions of the specifications and all codes re- ferred to by this part. All persons shall obey and comply with every order, decision, direction or rule made or presented by the Director in the matters specified on the per- mit or by attachments, or by any other matter in any way relating to or affect- ing their use of the highway, and shall do everything necessary or proper to secure compliance therewith by all of its officers, agents and employees, ex- cept in the case of a public utility, regulated by the Puolic Utilities Com- mission when such order, decision, direction or rule is contrary to or in conflict with any order, decision, direction or rule made or prescribed by the Public Utilities Commission applicable to such public utility. m) Certificate of Completion. If the Director, by survey or by inspec- tion or by both, ascertains that the work has been completed according to the requirements of the permit issued therefor, and of a11 applicable laws, he shall issue, requested so'to do by the permittee, a certificate of comple- tion which shall contain^ statement of the location, nature, and extent of the work perfbnned under the permit. n) Issuance of Permit by Other Agency. Notwithstanding the provisions of this Division, the City Council may authorize the issuance of permits by any other public agency. o) Permit Fee. The permit fee shall be as set by resolution of the City Council. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE®äARTICLE VI PUBLIC STREETS, SEWERS AND UTILITIES CHAPTER 1 PUBLIC STREETS PART D CONSTRUCTION. EXCAVATION, ENCROACHMENT, MOVING AND LOAD REGULATIONS DIVISION 3 DRIVEWAY APPROACHES 6420. DRIVEWAY APPROACH CONSTRUCTION. PERMIT REQUIRED. No person shall construct or reconstruct a vehicular access driveway approach to any lot in the City without first obtaining a permit therefor, in the time and manner set forth in Division 2 of this Chapter, except as otherwise provided herein. A filing and processing fee shall be set by resolution of the City Council. 6421. TYPE OF CONSTRUCTION. Driveway approaches shall be constructed in accordance with the City's standards therefor. 6422. LOCATION OF DRIVEWAY APPROACHES. a) General. The Director shall approve the location of driveway approaches so as to insure that the same will not constitute a hazard to pedestrian and/or vehicular traffic, nor encroach upon, or constitute a nuisance as to, adjacent and/or abutting properties. Location. The minimum intervening distance between the side slopes or returns of adjacent driveway approaches serving the same lot or parcel shall be twenty-two 22) feet, unless a lessor distance is approved by the Director. In the case of adjacent driveway approaches serving two adjoining lots or parcels, the intervening distance between the side slopes or returns shall be at least three fee; otherwise a common or continuous driveway approach may be required. A driveway approach, including the side slopes, shall not be constructed: 1) Between the prolonged intersecting property lines of any highways; or 2) Between the points of curvature of any curb return having a radius of twenty 20) feet or less. In applying the provisions of this Section, the condition producing the greater length of curb between the specified control points in the particular case shall govern. A driveway approach, including the side slopes, shall not be constructed between the points of curvature of any curb return except in the case of a curb return having a radius of twenty-five 25) feet or more, driveway approaches may encroach at each end thereof for a distance not greater than one-eighth of BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE¯ä6422. Continued) the total arc length of the return, leaving in the clear at least three-quarters of such arc length, if such encroachment does not conflict with other require- ments of this Section. The Director shall have the authority to modify these requirements based upon receipt of evidence from the permittee that he will suffer a hardship if not granted an encroachment into the curb return. Notwithstanding any of the foregoing provisions, a driveway approach shall not encroach on any curb return beyond or ahead of any traffic regulating device located on or adjacent thereto. Where topographical or traffic conditions are such that a modification of the provisions of the preceding paragraphs pertaining to driveway approaches are necessary for the promotion of traffic safety, ard t^.e Director so finds, he may permit a deviation from the provisions of such Sections to the extent which he finds necessary. A driveway approach shall not be constructed or maintained where fences, buildings, natural grade, or any other obstacle will prevent a vehicle from being stored entirely off the public right of way and in compliance with the City's zoning and building regulations after entering such driveway approach, nor where the same is not designed to serve off-street parking facilities. c) Size. 1) Residential Driveway Approaches: Driveway approaches serving properties classified in any of the R" zones, of the City, shall be constructed and maintained so that: a. The width of each individual driveway approach shall be in accordance with the City's standards therefor; and b. The sum of all driveway approach widths on any lot shall not exceed 40% of the street frontage of the property on each abutting street. 2) Commercial and Industrial Driveway Approaches; Dri veway approaches serving properties classified in any zone other than an R" zone, shall be constructed and maintained so that: a. The width of each individual driveway approach shall not exceed 30 feet if the street frontage of the property is less than 100 feet; b. The width of each individual driveway approach shall not exceed 30% of the street frontage of the property when such frontage is 100 feet or more, provided no individual driveway approach width shall exceed 60 feet; and c. The sum of all driveway approach widths on any lot does not exceed 60% of the street frontage of the property on each abutting street. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE°äARTICLE VI PUBLIC STREETS. SEWERS AND UTILITIES CHAPTER 1 PUBLIC STREETS PART E STREET BANNERS 6430. STREET BANNERS. The phrase Street Banner", as used in this Part shall mean any cloth or canvas sign or banner, or other device, designed for use in or over a public street, public right of way, or other public place. 6431. PERMITS. No person shall erect, maintain, place, suspend, attach or move, any street banner for any purpose whatsoever, in, along, over, above or across any public street, alley or other public place, or any portion there- of, without first obtaining a permit therefor in the manner hereinafter pre- scribed. 6432. ISSUANCE. Any person desiring to place or locate a street banner, in, along, over, across or above any public street, alley or any other public place, shall file with the Director of Public Works, an application therefor, on the forms prescribed by him, together with a filing and processing fee. A service fee shall be charged if permittee desires to have the City hang and remove the banner on the permittee's behalf. The filing and processing fee required by this Section shall not apply to any applicant which would be exempt from the payment of a City business license pursuant to the Business License Drovisions of this Code, The above fees shall be as set by resolution of the City Council. Upon receipt of an application for a street banner, the Director of Public Works shall issue a permit for the placement thereof if he finds that same will not cause a traffic hazard or create a public or private nuisance. The Director of Public Works may condition the issuance of such permit to insure that compliance is had with all provisions of this Chapter. 6433» REGULATIONS. The holder of any permit for any street banner shall comply with the following regulations: a) The exact design and wording proposed to be used on the street banner shall be submitted to the Director of Public Works together with the applica- tion. There shall be no deviation from such design and wording without the Director of Public Works prior approval; and b) No permit shall be Issued for banners for partisan political or commercial occurrences or events; and c) Each permit Issued shall contain on its face, and the applicant shall be bound thereby, a designation of the location or locations at which the banner or banners may be placed, and the time during which said banner or banners may be so placed; and BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE±äW No banner shall be erected pursuant to this Chapter unless the banner or device is of a substantial cloth or canvas material, adequately ventilated for wind, and securely suspended from existing poles or other structures, at least 18 feet above the highest point of the underlying roadway or other public place. The erection of special poles or other supports on public or private property shall not be authorized or allowed pursuant to this Chapter; except by specific approval of the Director of Public Works; and e) Banners shall not be placed so as to interfere with street lights, traffic signals or other structures of a public or private nature; and f) No permit for a banner shall be issued for a period of time longer than thirty 30) days. g) All banners hung by permittee shall be so hung only under the super- vision of the Director of Public Works. 6434. SUSPENSION. REVOCATION. The Director of Public Works, upon 24 hours written notice given to the applicant shall suspend a permit whenever it is found by him that the applicant has not complied with any conditions of issuance imposed upon such permit, or has violated any other rule, regulation or law. The order of suspension shall be an order of revocation unless an appeal is filed in the time and manner as hereinafter provided. 6435. APPEAL. Any decision of the Director of Public Works with respect to suspension, or with regard to the denial, issuance or conditions imposed upon the issuance of a permit hereunder, shall be directly appealable to the City Council in the time and manner set forth in Section 2900 et seq hereof. 6436. REMOVAL OF BANNERS. Upon final revocation of a permit, the appli- cant shall, within 24 hours, remove the street banner. If such banner is not removed within the said time limit, the Director of Public Works shall cause the same to be removed, and shall charge the applicant for the cost thereof. Such charges shall be collectible as a civil debt. 6437. REMOVAL OF HAZARDOUS AND DEFEC1IVE STREE1 BANNERS. Notwi thstandi ng any of the provisions of this Chapter, the Director of Public Works is hereby empowered to remove any street banner at any time, wit^'ut r-siice to the per- mittee, if he finds the same is hazardous and/or defective and represents and constitutes an immediate threat to the public peace, health, welfare and safety. 6438. EXPIRATION OF PERMIT. Upon the expiration of a permit for a street banner, the applicant shall cause the said banner to be removed within 24 hours thereafter. If such street banner is not removed within said time, the Director of Public Works shall cause the same to be removed and charge the applicant for the cost thereof. Such charges shall be collectible as a civil debt. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE²äARTICLE VI PUBLIC STREETS. SEWERS AND UTILITIES CHAPTER 2 PUBLIC SEWERS PART A ADOPTION OF SEWER ORDINANCE 6500. ADOPTION OF LOS ANGELES COUNTY SANITARY SEWER AND INDUSTRIAL WASTE ORDINANCE". Except as hereinafter provided in this Part, the Los Angeles County Sanitary Sewer and Industrial Waste Ordinance", the same being Ordinance No. 6130, as amended thrrtgh and including. December 31. 1973, is hereby adopted as the Sanitary Sewer ana Industrial Waste Ordinance for the City hereafter Sewer Ordinance"). Three copies of said Sanitary Sewer and Industrial Waste Ordinance are on file in the office of the City Clerk of the City. 6501. DEFINITIONS. Wherever in said Sanitary Sewer and Industrial Waste Ordinance the following words or phrases are used, they respectively, shall have the following meanings ascribed to them: a) County or County of Los Angeles shall mean the City of Baldwin Park. b) Board shall mean the City Council of the City. c) County Engineer shall mean the Director of Public Works of the City. d) County Health Officer shall mean the Health Office of the Citv. e) County Sewer Maintenance District shall mean the City.. f) Trunk Sewer means a sewer under the jurisdiction of a public entity other than the City. g) Public Sewer means all sanitary sewers and appurtenances thereto, lying within streets or easements dedicated to the City, which are under the sole jurisdiction of the City. 6502. AMENDMENTS. Said Sewer Ordinance is amended in the following respects: a) Section 5506 of said Ordinance No. 6130 is amended by adding the following paragraph: In the event the damaged public sewer is not in a sewer maintenance district, the violator shall reimburse the City within thirty 30) days after the Director of Public Works renders an invoice for the same. The amount when paid shall be deposited in the City General Fund". b) Part V, Chapter II, and Part VI of Chapter IV of said Sewer BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE³äOrdinance No. 6130 are hereby deleted. All fees and charges shall be as set by resolution of the City Council. 6503. PENALTY. Violation of any provisions of said Sanitary Sewer and Industrial Waste Ordinance shall be punishable by a fine of not more than $500.00» or by imprisonment in the County Jail for not more than six 6) months, or both. Each day during any portion of which any violation of any provision of said Sanitary Sewer and Industrial Waste Ordinance is committed or permitted, shall be deemed to be a separate offense. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE´äARTICLE VI PUBLIC STREETS, SEWERS AND UTILITIES CHAPTER 2 PUBLIC SEWERS PART B SEWER PERMITS 6550. CONNECTION TO SEWER. PERMIT REpUIRED. Notwithstanding any pro- vision of Sewer Ordinance to the contrary, no person shall make any connection to any public sewer without first obtaining a sewer connection permit therefor, from the Director of Public Works as provided in this Part. 6551. APPLICATION. An application for a sewer connection permit shall be made in writing upon a form to be furnished by the Director of Public Works giving such information as he may require, and accompanied by the required fee. If it appears that the provisions of this Chapter will be complied with and guaranteed, the Director shall issue said permit. 6552. SEWER CONNECTION FEES. Whenever the Director of Public Works finds that a sewer connection permit has been requested, by, or on behalf of, the owner of any real property within the City, which property has not borne its just share of the original cost of the installation and construction of the public sewer to which the sewer hook-up is desired, either by means of an assessment district proceeding, contract, voluntary contribution, or otherwise, a fee shall be charged for such permit, as set by resolution of the City Council. 6553. APPEAL. a) Any person aggrieved either by the decision of the said Director, pursuant to this Chapter, or with respect to the amount of the fees set by resolution of the City Council in the case of a Sanitary Sewer Connection Fee District, shall have the right of appeal from such determination, to the City Council. Such appeals shall be taken in the time and manner set forth in Section 2900 et seq hereof. 6554. CONNECTIONS ACROSS ADJOINING LOTS PROHIBITED. No sewer connection from any building or structure shall hereafter be made to any public sewer, which connection or any portion thereof shall be in, under or upon any lot other than the lot on which such building or structure is located. Exceptions to this requirement may be allowed by the Director of Public Works provided that recorded private easements exist across adjoining properties for sewer house connection purposes and the installation of the sewer connection will not, in the opinion of the Director of Public Works, be excessively long or be in a location that may be conducive to excessive maintenance. The Director of Public Works shall be provided with a copy of the conveyance granting the private ease- ment after it has been recorded in the office of the Los Angeles County Recorder. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEµäARTICLE VI PUBLIC STREETS, SEWERS AND UTILITIES CHAPTER 3 FRANCHISES FOR COMMUNITY ANTENNA TELEVISION SYSTEMS 6600. DEFINITIONS. For the purpose of this Chapter, the following terms, phrases, words, abbreviations, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. a) Code shall mean the Baldwin Park Municipal Code. b) Franchise shall mean and include any authorization granted hereunder in terms of a franchise, privilege, permit license or otherwise to construct, operate and maintain a CATV system in the City. Any such authorization, in whatever term granted, shall not mean and include any license or permit re- quired for the privilege of transacting and carrying on a business within the City in accordance with the provisions of this Code. c) Grantee shall mean the person, firm or corporation to whom or which a franchise, as hereinabove defined, is granted by the City Council pursuant to this Chapter. d) Street shall mean the surface of and the space above and below any public street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway, or drive, now or hereafter existing as such within the City. e) Property of grantee shall mean all property owned, installed or used by a grantee in the conduct of a CATV business in the City under the authority of a franchise granted hereunder. f) CATV shall mean a community antenna television system as hereinafter defined. g) Community Antenna Television System shall mean a system of antennas, coaxial caETis, wires, wave guides, or other conductors, equipment or facili- ties designed, constructed or used for the purpose of providing television or FM radio service by cable or through its facilities as herein contemplated. CATV shall not mean or include the transmission of any special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known and referred to as pay television". h) Subscriber shall mean any person or entity receiving for any pur- pose the CATV service of a grantee. i) Gross Annual Receipts shall mean any and a11 compensation and other BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE¶äconsideration in any form whatever, including, but not limited to, any contri- buting grant or subsidy received directly or indirectly by a grantee from sub- scribers or users in payment for television of FM radio signals or service received within the City, and installation and line extension charges. Gross Annual Receipts shall not include any property or sales and use taxes on services furnished by the grantee imposed directly on any subscriber or user by any City, State or other governmental unit and collected by the grantee for such governmental unit. 6601. EXCLUSIVE USE OF TELEPHONE FACILITIES. When and in the event that the grantee of any franchise granted hereunder constructs, operates and main- tains a CATV system exclusively through telephone company facilities construct- ed, operated and maintained pursuant to a state-granted telephone franchise and offers satisfactory proof that in no event during the life of such franchise shall the grantee make any use of the streets independently of such telephone company facilities, said grantee shall be required to comply with all of the provisions hereof as a licensee" and in such event whenever the term grantee" is used herein it shall be deemed to mean and include licensee". 6602. FRANCHISE TO OPERATE. A nonexclusive franchise to construct, oper- ate and maintain a CATV system within all or any portion of the City may be granted by the Council to any person, pursuant to the provisions of this Chapter No provision of this Chapter shall be deemed or construed so as to require the granting of a franchise when in the opinion of the City Council it is in the public interest to restrict to a specific number the franchises for such ser- vice. 6603. USES PERMITTED BY GRANTEE. Any franchise granted hereunder shall authorize and permit the grantee to engage in the business of operating and providing a CATV system in the City, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain and retain in, over, on, under, upon. across and along any public street such poles, wires, cable, con- ductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments, and other property as may be necessary and appurtenant to the CATV system; and in addition, so to use, operate, and provide similar facilities or properties rented or leased from other persons, firms or corporations, including but not limited to any public utility or other grantee franchised or permitted to do business in the City. No franchise granted hereunder shall be construed as a franchise, permit or license to transmit any special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known and referred to as pay television", and no grantee shall directly or indirectly install, maintain or operate on any television set a coin box or any other device or means for collection of money for individual programs. The grantee may make a charge to subscribers for installation or BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE·äconnection to its CATV system and fixed monthly charge as filed and approved as herein provided. No increase in the rates and charges to subscribers, as set forth in the-schedule filed and approved with grantee's application, may be made without the prior approval of the Council expressed by resolution. 6604. DURATION OF FRANCHISE. No franchise granted by the Council under this Chapter shall be for a term longer than ten 10) years following the date of acceptance of such franchise by the grantee or the renewal thereof, Any such franchise granted hereunder may be terminated prior to its date of expiration by the Council in the event that said Council shall have found, after thirty 30) days notice of any proposed termination and public hearing, that: a) the grantee has failed to comply with any provision of this Chapter, or other law, or has, by act. or omission, violated any term or condition of any franchise issued hereunder; or b) any provision of this Chapter has become invalid or unenforceable and the Council further finds that such provision constitutes a consideration material to the grant of said franchise; or c) the City acquires the CATV system property of the grantee. 6605. FRANCHISE PAYMENTS. Any grantee granted a franchise under this Chapter shall pay to the City, during the life of such franchise, a sum equal to five percent 5%) of the qross annual receipts of the qrantee from the City of Baldwin Park. Such payment by the grantee to the City shall be made annual- ly. or as otherwise provided in the grantee's franchise, by delivery of the same to the Finance Director. The grantee shall file with the City, within thirty 30) days after the expiration of any calendar year or portion thereof during which such franchise is in force» a financial statement prepared by a certified public accountant, or person otherwise satisfactory to the City Manager,showinq in detail the qross annual receipts, as defined herein, of grantee during the preceding calendar year or portion thereof. It shall be the duty of the grantee to pay to the City, within ten 10) days after the time for filing such statements, the sum hereinabove prescribed or any unpaid balance thereof for the calendar year or portion thereof covered by such statements. In any year, following the first full year in which service has been pro- vided and during which payments under this section amount to less than $1,200.00 per year, grantee shall pay the City as a minimum an amount equal to $1,200.00 per year. The City shall have the right to inspect the grantee's records showing the gross receipts from which its franchise payments are computed and the BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE¸äright of audit and recomputation of any and all amounts due hereunder. No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable hereunder, or for the performance of any other obligation hereunder. In the event of any holding over after expiration or other termination of any franchise granted hereunder, without the consent of the City, the grantee shall pay to the City reasonable compensation and damages, of not less than fifty percent 50%) of its total gross profits during said period. 6606. LIMITATIONS OF FRANCHISE. a) Franchises granted hereunder shall be non-exclusive. b) No privileges or exemption shall be granted or conferred by any franchise granted hereunder except those specifically prescribed herein. c) Any privileges claimed under any such franchise by the grantee in any street or other public property shall be subordinate to any prior lawful use or occupancy of the streets or other public property. d) Any such franchise shall be a privilege to be held in personal trust by the original grantee. It cannot in any event be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation or otherwise, without the prior consent of the Council expressed by resolution, and then only under such conditions as may therein be prescribed. Any such transfer or assignment shall be made only by an instrument in writing, a duly executed copy of which shall be filed in the office of the City Clerk within thirty 30) days after any such transfer or assignment. The said consent of the Council may not be arbitrarily refused; provided, however, the proposed assign- ee must show financial responsibility and must agree to comply with all pro- visions of this Chapter; and provided, further, that no such consent shall be required for a transfer in trust, mortgage or other hypothecation to secure an indebtedness. e) Time shall be of the essence of any such franchise granted hereunder. The grantee shall not be relieved of his obligation to comply promptly with any of the provisions of this Chapter or by any failure of the City to enforce prompt compliance. f) Any right or power in, or duty impressed upon, any officer, employ- ee, department, or board of the City shall be subject to transfer by the City to any other officer, employee, department or board of the City. g) The grantee shall have no recourse whatsoever against the City for any loss, cost, expense, or damage arising out of any provision or requirement of this Chapter or of any franchise issued hereunder or because of its enforce- ment. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE¹äh) The grantee shall be subject to all requirements of this Chapter, and other applicable laws, rules, regulations and specifications heretofore or hereafter enacted or established. i) Any such franchise granted shall not relieve the grantee of any obli- gation involved in obtaining pole space from any department of the City, utility company, or from others maintaining poles in streets. j) Any franchise granted hereunder shall be in lieu of any and all other rights, privileges, powers, immunities, and authorities owned, possessed, con- trolled, or exercisable by grantee, or any successor to any interest of grantee. of or pertaining to the construction, operation, or maintenance of any CATV system in the City; and the acceptance of any franchise hereunder shall operate, as between grantee and the City, as an abandonment of any and all of such rights, privileges, powers, immunities, and authorities within the City, to the effect that, as between grantee and the City, any and all construction, operation and maintenance by any grantee of any CATV system in the City shall be, and shall be deemed and construed in all instances and respects to be, under or pursuant to said franchise, and not under or pursuant to any other right, privilege, power, immunity, or authority whatsoever. 6607. RIGHTS RESERVED TO THE CITY. a) Nothing herein shall be deemed or construed to impair or affect, in any way, to any extent, the right of the City to acquire the property of the grantee, either by purchase or through the exercise of the right of eminent domain, at a fair and just value, which shall not include any amount for the franchise itself or for any of the rights or privileges granted, and nothing herein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the City's right of eminent domain. b) There is hereby reserved to the City every right and power which is required to be herein reserved or provided by any law of the City, and the grantee, by its acceptance of any franchise, agrees to be bound thereby and to comply with any action or requirements of the City in its exercise of such rights or power, heretofore or hereafter enacted or established. c) Neither the granting of any franchise hereunder nor any of the pro- visions contained herein shall be construed to prevent the City from granting any identical, or similar, franchise to any other person, firm or corporation, within all or any portion of the City. d) There is hereby reserved to the City the power to amend any section or part of this Chapter so as to require additional or greater standards of construction, operation, maintenance or otherwise, on the part of the grantee* e) Neither the granting of any franchise nor any provision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the City. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEºäf) The Council may do all things which are necessary and convenient in the exercise of its jurisdiction under this Chapter and may determine any question of fact which may arise during the existence of any franchise granted hereunder. The City Manager is hereby authorized and empowered to adjust, settle, or compromise any controversy or charge arising from the operations of any grantee under this Chapter, either on behalf of the City, the grantee, or any subscriber, in the best interest of the public. Either the grantee or any member of the public who may be dissatisfied with the decision of the City Manager may appeal the matter to the Council for hearing and determination; such appeals shall be taken in the time and manner set forth in Section 2900 et seq hereof. 6608. PERMITS, INSTALLATION AND SERVICE. a) Within thirty 30) days after acceptance of a franchise the grantee shall proceed with due diligence to obtain all necessary permits and authoriza- tions which are required in the conduct of its business, including, but not limited to, any utility joint use attachment agreements, microwave carrier licenses, and any other permits, licenses and authroizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of CATV systems, or their associated microwave transmission facilities. b) Within ninety 90) days after obtaining all necessary permits, licenses and authorizations! grantee shall commence construction and installa- tion of the CATV system. c) Within ninety 90) days after the commencement of construction and installation of the system, grantee shall proceed to render service to sub- scribers, and the completion of the construction and installation shall be pursued with reasonable diligence thereafter, so that service to all areas designated on the map accompanying the application for franchise, as provided in Section 6619 hereof, shall be provided within one 1) year from the date that service was first provided. d) Failure on the part of the grantee to commence and diligently pursue each of the foregoing requirements and to complete each of the matters set forth herein, shall be grounds for termination of such franchise, under and pursuant to the terms of Section 6604 hereof; provided, however, that the Council in its discretion may extend the time for the commencement and com- pletion of construction and installation for additional periods for good cause shown by the grantee. 6609. LOCATION OF PROPERTY OF GRANTEE. a) Any poles, wires, cable lines, conduits or other properties of the grantee to be constructed or installed in streets, shall be so constructed or installed only at such locations and in such manner as shall be approved by BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE»äthe Director of Public Works acting in the exercise of his reasonable discretion. b) The grantee shall not install or erect any facilities or apparatus in or on other public property, places or rights of way, or within any privately- owned area within the City which has not yet become a public street but is designated or delineated as a proposed public street on any tentative sub- division map approved by the City, except those installed or erected upon public utility facilities now existing without obtaining the prior written approval of the Director of Public Works. c) In those areas and portions of the City where the transmission or distribution facilities of both the public utility providing telephone service and those of the utility providing electric service are underground or here- after may be placed underground, then the grantee shall likewise construct, operate and maintain all of its transmission and distribution facilities under- ground. For the purpose of this Subsection, underground" shall include a partial underground system, e.g. streamlining. Amplifiers in grantee's trans- mission and distribution lines may be in appropriate housing upon the surface of the ground as approved by the Director of Public Works. 6610. REMOVAL AND ABANDONMENT OF PROPERTY OF GRANTEE. a) In the event that the use of any part of the CATV system is discon- tinued for any reason for a continuous period of twelve 12) months, or in the event such system or property has been installed in any street or public place without complying with the requirements of grantee's franchise or this Chapter, or the franchise has been terminated, cancelled or has expired, the grantee shall promptly, upon being given ten 10) days notice, remove from the streets or public places a11 such property and poles of such system other than any which the Director of Public Works may permit to be abandoned in place. In the event of such removal, the grantee shall promptly restore the street or other area from which such property has been removed to a condition satisfactory to the Director of Public Works. b) Any property of the grantee remaining in place thirty 30) days after the termination or expiration of the franchise shall be considered permanently abandoned. The Director of Public Works may extend such time, not to exceed an additional thirty 30) days. c) Any property of the grantee to be abandoned in place shall be aban- doned in such manner as the Director of Public Works shall prescribe. Upon permanent abandonment of the property of the qrantee in place, the property shall become that of the City, and the grantee shall submit to the City Manager an instrument in writing, to be approved by the City Attorney, trans- ferring to the City the ownership of such property. 6611. CHANGES REQUIRED BY PUBLIC IMPROVEMENTS. The grantee shall, at its expense, protect, support, temporarily disconnect, relocate in the same BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE¼ästreet or other public place, or remove from the street or other public place, any property of the grantee when required by the Director of Public Works by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, and tracks or any other type of structures or improvements by public agencies, including street widening pro- jects; provided, however, that the grantee shall in all such cases have the privileges and be subject to the obligations to abandon any property of the grantee in paice, as provided in this Code. 6612. FAILURE TO PERFORM STREET WORK. Upon failure of the grantee to commence, pursue, or complete any work required by law or by the provisions of this Chapter or by its franchise, to be done in any street or other public place, within the time prescribed, and to the satisfaction of the Director of Public Works, the Director may, at his option, cause such work to be done and the grantee shall pay to the City the cost thereof in the itemized amounts reported by him to the grantee within thirty 30) days after receipt of such itemized report. 6613. FAITHFUL PERFORMANCE BOND. a) The grantee shall, concurrently with the filing of and acceptance of award of any franchise granted under this Chapter, file with the City Clerk and at all times thereafter maintain in full force and effect for the term of such franchise or any renewal thereof, at grantee's sole expense, a corporate surety bond in an amount and in a company approved by the City Manager, and in a form approved by the City Attorney, said bond to be renewable annually, and condi- tioned upon the faithful performance of grantee, and upon the further condition that in the event grantee shall fail to comply with any one or more of the pro- visions of this Chapter, or of any franchise issued to the grantee hereunder, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the City as a result thereof in- cluding the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the grantee as prescribed hereby which may be in default, plus a reasonable allowance for attorney's fees and costs, up to the full amount of the bond; said condition to be a continuing obligation for the duration of such franchise and any renewal thereof and thereafter until the grantee has liquidated alt of its obligations with the City that may have arisen from the acceptance of said franchise or renewal by the grantee or from its exercise of any privilege therein granted. The bond shall provide that thirty 30) days prior written notice of intention not to renew, cancellation, or material change, be given to the City. b) Neither the provisions of this Section, nor any bond accepted by the City pursuant hereto, nor any damages receovered by the City thereunder, shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under any franchise issued hereunder or for damages, either to the full amount of the bond or otherwise. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE½ä6614. INDEMNIFICATION OF CITY. a) The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted under this Chapter, furnish to the City and file with the City Clerk, and at all times during the existence of any franchise granted hereunder, maintain in full force and effect, at its own cost and ex- pense, a liability insurance policy in an amount and in a company approved by the City Manager, and in a form approved by the City Attorney, said bond to be renewable annually, indemnifying and saving harmless the City, its officers and employees from and against any and all claims, demands, actions, suits, and proceedings by others, against all liability to others, and against any loss, cost, expense and damages resulting therefrom, including reasonable attorney's fees, arising out of the exercise or enjoyment of its franchise, irrespective of the amount of the comprehensive liability insurance policy required hereunder. b) The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted under this Chapter, furnish to the City and file with the City Manager and at all times during the existence of any franchise granted hereunder, maintain in full force and effect, at its own cost and ex- pense, a general comprehensive liability insurance policy in an amount and in a company approved by the City Manager, and in a form approved by the City Attorney, said bond to be renewable annually, protecting the City and all agents, officers, and employees of City against liability for loss or damage for per- sonal injury, death and property damage, occasioned by the operations of grantee under such franchise. c) The policies mentioned in the foregoing paragraph shall name the City, its officers, boards, commissions, agents and employees, as additional insureds and shall contain a provision that a written notice of cancellation or reduction in coverage of said policy shall be delivered to the City thirty 30) days in advance of the effective date thereof; if such Insurance is pro- vided by a policy wh'ich also covers grantee or any other entity or person other than those above named, then such policy shall contain the standard cross-liability endorsement. 6615. INSPECTION OF PROPERTY AND RECORDS. a) At all reasonable times, the grantee shall permit any duly author- ized representative of the City to examine all property of the grantee, together with any appurtenant property of the grantee situated within or with- out the City, and to examine and transcribe any and all maps and other records kept or maintained by the grantee with respect to its control which deal with the operations, affairs, transactions or property of the grantee with respect to its franchise. If any such maps or records are not kept in the City, and if the Council shall determine that an examination thereof is necessary or appropriate, then all travel and maintenance expense necessarily incurred in making such examination shall be paid by the grantee. b) The grantee shall prepare and furnish to the City Manager at the times and in the form prescribed by him, such reports with respect to its BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE¾äoperations, affairs, transactions or property, as may be reasonably necessary or appropriate to the performance of any of the rights, functions or duties of the City or any of its officers in connection with the franchise. c) The grantee shall at all times make and keep in the City full and complete plans and records showing the exact location of all CATV system equip- ment installed or in use in streets and other public places in the City. d) The grantee shall file with the Director of Public Works, on or before, the last day of March of each year, a current map or set of maps drawn to scale, showing all CATV system equipment installed and in place in streets and other public places of the City, as permitted by the franchise. 6616. OPERATIONAL STANDARDS. The CATV system shall be installed and main- tained in accordance with the highest and best accepted standards of the industry so that subscribers shall receive the highest possible service. In determining the satisfactory extent of such standards the following among others shall be considered: a) That the system be installed using all bank equipment capable of passing the entire VHF and FM spectrum, and that it have the further capability of converting UHF for distribution to subscribers on the VHF band. b) That the system, as installed, be capable of passing standard color TV signals without the introduction of material degradation of color fidelity and intelligence. c) That the system and all equipment be designed and rated for 24-hour per day continuous operation. d) That the system provides a nominal signal level of 2000 microvolts at the input terminals of each TV receiver. e) That the system signal-to-noise iatio is not less than 40 decibels. f) That hum modulation of the picture signal is less than 5%. g) That the system use components having a VSWR of 1.4 or less. 6617. MISCELLANEOUS PROVISIONS. a) When not otherwise prescribed herein, all matters herein required to be filed with the City shall be filed with the City Clerk. b) The grantee shall pay to the City the sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of a franchise pursuant to the provisions of this Chapter. Such payment shall be made within thirty 30) days after the City furnishes the grantee with a written statement of such expenses. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE¿äc) The grantee shall maintain an office within the City limits or at a location which subscribers may call without incurring added message or toll charges so that CATV maintenance service shall be promptly available to sub- scribers. d) No person, firm or corporation in the existing service area of the grantee shall be arbitrarily refused service; provided, however, that the grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or monthly service charge. 6618. USE OF UTILITY POLES & FACILITIES. AGREEMENT. When any portion of CATV system is to be installed on public utility poles and facilities, certified copies of the agreements for such joint use of poles and facilities shall be filed with the City Clerk. 6619. APPLICATION FOR FRANCHISE. a) Application for a franchise hereunder shall be in writing, shall be filed with the City Clerk and shall contain the following information: 1) The name and address of the applicant. If the applicant is a partnership, the name and address of each partner shall also be set forth. If the applicant is a corporation, the application shall also state the names and addresses of its directors, main offices, major stockholders and associates, and the names and addresses of parent and subsidiary companies. 2) A statement and description of the CATV system proposed to be constructed, installed, maintained or operated by the applicant; the proposed location of such system and its various components; the manner in which applicant proposes to construct, install, maintain and operate the same; and, particularly, the extent and manner in which existing or future poles or other facilities of other public utilities will be used for such system. 3) A description, in detail, of the public streets, public places and proposed public streets within which applicant proposes or seeks authority to construct, install or maintain any CATV equip- ment or facilities; a detailed description of the equipment or facilities proposed to be constructed, installed or maintained therein; and the proposed specific location thereof. 4) A map specifically showing and delineating the proposed ser- vice area or areas within which applicant proposes to provide CATV services and for which a franchise is requested. 5) A statement or schedule in a form approved by the City Manager of proposed rates and charges to subscribers for installation and services, and a copy of proposed service agreement between the BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEÀä6fe19. Continued) grantee and its subscribers shall accompany the application. For unusual circumstances, such as underground cable required, or more than 150 feet of distance from cable to connection of service to subscribers, an addi- tional installation charge over that normally charged for installation as specified in the applicant's proposal may be charged, with easements to be supplied by subscribers. For remote, relatively inaccessible sub- scribers within City, service may be made available on the basis of cost of materials, labor, and easements if required by the grantee. 6) A copy of any contract, between the applicant and any public utility providing for the use of facilities of such public utility, such as poles, lines, or conduits. 7) A statement setting forth a11 agreements and understandings, whether written, oral or implied, existing between the applicant and any person, firm or corporation with respect to the proposed franchise or the proposed CATV operation. If a franchise is granted to a person, firm or corporation posing as a front or as the representative of another per- son, firm or corporation and such information is not disclosed in the original application, such franchise shall be deemed void and of no force and effect whatsoever. 8) A financial statement prepared by a certified public accountant, or person otherwise satisfactory to the City Manager, showing applicant's financial status and his financial ability to complete the construction and installation of the proposed CATV system. 90) The Council may at any time demand, and the applicant shall provide, such supplementary, additional or other information as the Council may deem reasonably necessary to determine whether the requested franchise should be granted. b) Upon consideration of any such application, the Council may refuse to grant the requested franchise or the Council may grant a franchise for a CATV system to any such applicant as may appear from said application to be in its opinion best qualified to render proper and efficient CATV service to television viewers and subscribers in the City. The Council's decision in the matter shall be final. If favorably considered, the application submitted shall constitute and form part of the franchise as granted. c) Any franchise granted pursuant to this Chapter shall include the following conditions: The CATV system herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by the laws of this City, and no other purpose whatsoever. Inclusion of the foregoing statement in any such franchise shall not be deemed to limit the authority of the City to include any other reasonable BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEÁäcondition» limitation or restriction which it may deem necessary to impose in connection with such franchise pursuant to the authority conferred by this Chapter. 6620. FRANCHISE RENEWAL. Any franchise granted under this Chapter is renewable upon application of the grantee in the same manner and upon the same terms and conditions as required herein for obtaining the original franchise, except those which are by their terms expressly inapplicable. 6621. ACCEPTANCE AND EFFECTIVE DATE OF FRANCHISE. a) No franchise granted pursuant to the provisions of this Chapter shall become effective unless and until the ordinance granting same has become effective and» in addition, unless and until all things required by this Chapter are done and completed, all of such things being hereby declared to be conditions pre- cedent to the effectiveness of any such franchise granted hereunder. In the event any of such things are not done and completed in the time and manner re- quired, the Council may declare the franchise null and void. b) Within thirty 30) days after the effective date of the ordinance awarding a franchise, or within such extended period of time as the Council in its discretion may authorize, the grantee shall file with the City Clerk his written acceptance, in a form satisfactory to the City Attorney, of the fran- chise, and his agreement to be bound by and to comply with and to do all things required of him by the provisions of this Chapter and the franchise. Such acceptance and agreement shall be acknowledged by the grantee before a notary public, and shall in form and content be satisfactory to and approved by the City Attorney. 6622. VIOLATIONS. a) From and after the effective date of this Chapter, it shall be un- lawful for any person to establish, operate or to carry on the business of distributing to any persons in this City any television signals or radio sig- nals by means of a CATV system unless a franchise therefor has first been ob- tained pursuant to the provisions of this Chapter, and unless such franchise is in full force and effect. b) From and after the effective date of this Chapter, it shall be un- lawful for any person to construct, install or maintain within any public street in the City. or within privately-owned areas within the City which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the City, any equipment or facilities for distributing any television signals or radio sig- nals through a CATV system, unless a franchise authorizing such use of such street or property or area has first been obtained pursuant to the provisions of this Chapter, and unless such franchise is in full force and effect. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEÂäc) It shall be unlawful for any person, firm or corporation to make any unauthorized connection, whether physically, electrically, acoustically, in- ductively or otherwise, with any part of a franchised CATV system within the City for the purpose of taking or receiving television signals, radio signals, pictures, programs or sound or enabling himself or others to receive any tele- vision signal, radio signal, picture, program or sound, without payment to the owner of said system. d) It shall be unlawful for any person, without the consent of the owner, to wilfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound. 6623. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held illegal, invalid or unconsitu- tional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The Council hereby declares that it would have adopted the provisions hereof, and each section, subsection, sentence, clause, and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared illegal, invalid or unconstitutional. The invalidity of any portion of this Chapter shall not abate, reduce or otherwise affect any consideration or other obligation required of the grantee of any franchise granted hereunder. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEÃäARTICLE VI PUBLIC STREETS. SEWERS AND UTILITIES CHAPTER 4 UNDERGROUND UTILITY DISTRICTS 6700. DEFINITIONS. Whenever in this Chapter the following words or phrases are used, they shall have the meanings ascribed to them as follows: a) Commission shall mean the Public Utilities Commission of the State of California; and b) Poles,overhead wires and associated overhead structures shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above-ground within a District and used or useful in supplying electric, communication or similar or associated service; and c) Underground Utility District or District shall mean an area in the City which is described in a resolution adopted pursuant to the provisions hereof, within which poles, overhead wires and associated overhead structures are prohibited; and d) Utility shall include all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. 6701. PUBLIC HEARING^BY COUNCIL. The Council may from time to time call public hearings to ascertain Whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the City and the underground installation of wires and facilities for supplying electric, communication or similar or associated service. Prior to holding such public hearing, the Director of Public Works shall consult all affected utilities and shall prepare a report for submission at such hearing containing, among other information, the extent of such utilities participation and estimates of the total costs to the City and affected property owners. Such report shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least ten 10) days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive. 6702. COUNCIL MAY DESIGNATE UNDERGROUND UTILITY DISTRICTS BY RESOLUTION. If, after any such public hearing the Council finds that the public necessity, BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEÄähealth, safety or welfare requires such removal and such underground installa- tion within a designated area, the Council shall, by resolution, declare such designated area an Underground Utility District and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials, and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. 6703. UNLAWFUL ACTS. Whenever the Council creates an Underground Utility District and orders the removal of poles, overhead wires and associated over- head structures therein as provided in Section 6702 hereof, it shall be unlaw- ful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the District after the date when said overhead facilities are required to be removed by such resolution, except as said overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section 6708 hereof, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this Chapter. 6704. EXCEPTION, EMERGENCY OR UNUSUAL CIRCUMSTANCES. Notwithstanding the provisions of this Chapter, poles, overhead facilities and associated overhead structures, may be installed and maintained in a District, with the approval of the City Manager in order to provide emergency or temporary service. 6705. OTHER EXCEPTIONS. Any resolution adopted pursuant to Section 6702 hereof, shall not, unless otherwise provided in such resolution, apply to any of the following types of facilities: a) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the Director of Public Works. b) Poles, or electroliers used exclusively for street lighting; c) Overhead wires exclusive of supporting structures) crossing any portion of a District within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a District, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited; d) Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts; BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEÅäe) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the building or to an adjacent building; f) Antennae, associated equipment and supporting structures, used by a utility for furnishing communication service; g) Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts; h) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. 6706. NOTICE TO PROPERTY OWNERS AND UTILITY COMPANIES. Within ten 10) days after the effective date of a resolution adopted pursuant to Section 6702 hereof, the City Clerk shall notify all affected utilities and all persons owning real property within the District created by said resolution of the adoption thereof. Said City Clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to the applicable rules, regula- tions and tariffs of the respective utility or utilities, on file with the Commission. Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 6702 hereof, together with a copy of this Chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. 6707. RESPONSIBILITY OF UTILITY COMPANIES. If underground construction is necessary to provide utility service within a District created by any resolu- tion adopted pursuant to Section 6702 hereof, the supplying utility shall fur- nish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Commission. 6708. RESPONSIBILITY OF PROPERTY OWNERS. a) Every person owning, operating, leasing, occupying or renting a building or structure within a District shall construct and provide that por- tion of the service connection on his property between the facilities referred to in Section 6707 and the termination facility on or within said building or structure being served, all in accordance with the applicable rules, regula- tions and tariffs of the respective utility or utilities, on file with the Comnission. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEÆäb) In the event any person owning, operating, leasing, occupying or renting said property does not comply with the provisions of Subparagraph a) of this Section within the time provided for in the resolution enacted pursuant to Section 6702 hereof, the Director of Public Works shall post written notice on the property being served and, thirty 30) days thereafter, may authorize the disconnection, removal and replacement, of any and all service associated facilities supplying utility service to said property. Where such work is accomplished by the City, or its agents, the actual cost thereof, and adminis- tration costs shall be a debt owed to the City by the property owner. 6709. RESPONSIBILITY OF CITY. City shall remove at its own expense all City-owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to Section 6702. 6710. EXTENSION OF TIME. In the event that any act required by this Chapter or by a resolution adopted pursuant to Section 6702 hereof cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEÇäARTICLE VII BUILDING REGULATIONS CHAPTER 1 UNIFORM BUILDING CODE 7000. ADOPTION OF THE UNIFORM BUILDING CODE, 1973 EDITION'. Subject to certain changes, deletions and amendments, as hereinafter set forth, the City Council of the City of Baldwin Park does hereby adopt as the building regula- tions for said City the *Umform Building Code, 1973 Edition-; hereafter Code") copyrighted and adopted by the International Conference of Building Officials, which said Code, consists of a published compilation of rules and standards, pertaining to the construction, alteration, repair, moving, demolition, con- version and maintenance of all buildings and structures. Said Uniform Building Code is made a part hereof as if set forth in full in this Chapter. 7001. SAME. AMENDMENTS TO CERTAIN SECTIONS OF THE UNIFORM BUILDING CODE. The following sections of said Code, adopted the Section 7001 hereof, are hereby deleted, as designated, or amended to read as follows: a) Section 202 f) Occupancy Violations. Whenever any building or structure is Doing used contrary to the provisions of this Code, the Building Official shall order such use discontinued and the structure, or any portion thereof, shall be vacated by the person so using it. Such order shall be in writing, and shall be served upon such person by United States Postal Service, postage prepaid, return receipt requested, addressed to such person at his last known address. Such person shall discontinue the objectionable use with- in a period of not to exceed ten 10) days after the mailing of such notice; or in the alternative, such person shall take the action necessary to insure that the said building or structure or portion thereof, complies with the re- quirements of this Code. b) Section 204. Interpretation of Code. The City Council, upon the recommendation of the Building Official, shall determine the suitability of alternate materials, and types of construction, and shall provide any inter- pretation of any of the provisions of this Code which may be required in the interest of clarity. The decision of the City Council with respect to any matter of interpretation or suitability of alternate materials and types of construction shall be made by majority vote of the Council and shall be final and conclusive. c) Section 302 e) Denial and Revocation. The Building Official shall have the authority to deny the issuance of building permits or to revoke a building permit under the following circumstances: 1) Denial. The building Official shall deny any application for a building permit where the issuance would or could result in the violation of any provision of the Code or of the Baldwin Park Municipal Code, or if he should find that such issuance would be detrimental to the public welfare or safety. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEÈä2) Revocation. Whenever a building penrit has been issued in error, or upon the basis of incorrect information supplied by the applicant, or in violation of any provisions of this Code or of the Baldwin Park Municipal Code, the Building Official shall revoke the same. Revocation shall be accomplished by giving written notice thereof to the licensee by United States Postal Service, postage pre- paid, addressed to the licensee at his last known address. Said notice shall contain the basis for the action taken; revocation shall be effective 24 hours after the mailing of such notice. 3) Appeal, Any person aggrieved by the action of the Building Official in denying an application for a building permit or in revoking an existing building permit shall have the right of appeal to the City Council taken in the time and manner set forth in Section 2900 et seq. hereof. d) Section 303 a) Building Penrit Fees. The City Council, by resolution.shall set fees for building permits. e) Section 303 b) Plan Check Fees. shall set fees for plan checks. The City Council, by resolution, f) Section 303 d) Reinspection Fees. The City Council, by resolu- tion, shall set fees for reinspections. g) Section 306 c) Certificate structure complies with the provisions Law, the Building Official shall issue a Certificate of Occupancy. Issued. When it is found that a of the Municipal Code and with State h) Section 306 d) Temporary Certificate. A temporary certificate of occupancy may be issued by the Building Official for the use of a portion of a building prior to the completion of the entire building upon the application for a thirty 30) day temporary clearance for connection of the utilities and the payment for the additional inspection is as set by resolution of the City Council. If the building is not completed and ready for final inspection in the time prescribed by the Building Official, the building shall be vacated and utilities disconnected until such time that the building is completed, final inspection is made and a certificate of occupancy is issued. i) Section 306 g) Fees. The original Certificate of Occupancy for a new building shall be issued without a fee. For subsequent certificates a fee shall be paid, as set by resolution of the City Council. j) Section 1601 2) Fire Zones. For the purpose of this Code, all properties within the City are hereby declared to be in the following: 1) All properties classified, pursuant to the City's zoning regulations in a C' Zone, shall be included in Fire Zone 2. 2) All other properties shall be included in Fire Zone 3. 7002. DEFINITIONS. Whenever any of the following names in said Uniform Building Code or in this Municipal Code, each shall be deemed and construed to have the meaning ascribed to as follows: BALDWIN PARK MUNICIPAL CODE or terms are used such name or term it in this Section BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEÉäa) Building Official shall mean the Director of Public Works. b) Fire Department shall mean the Fire Prevention Bureau of Los Angeles County. 7003. CONFLICT WITH ZONING PROVISIONS. In the case of any conflict between the provisions of this Chapter and the provisions of the Baldwin Park Municipal Code relating to zoning regulations the latter shall control. 7004. CONDITIONS OF ISSUANCE OF BUILDING PERMITS. a) Improvements Required. Any building permit, issued pursuant to the provisions of this Code, for the construction or reconstruction of any building or structure, the estimated cost of which is in excess of $2,500 shall be issued subject to the condition that the permittee shall construct and install curbs, gutters, sidewalks, driveway approaches and parkway trees at his sole expense, in and along all street frontage abutting the lot or lots on which the building or structure is located or is to be located. b) Construction of Improvements. Location. To insure uniformity of development and adaptation to local conditions, curbs, gutters, sidewalks, driveway approaches and parkway trees shall be located in the areas designated by the Director of Public Works. a. Public Right-of-Way. Curbs, gutters, sidewalks, drive- way approaches and parkway trees shall be constructed within the dedicated public right-of-way, except as hereinafter provided. b. Insufficient Right-of-way. Whenever the Public right- of-way is insufficient to permit the location therein of said improvements, said improvements shall be constructed wholly or partially on private property, and thereafter, the improvements so located on private property, shall be deemed the property of the property owner and shall be maintained by him until such time as an offer of dedication, as to the improvements and right-of-way, is made by the owner and accepted by the City. 2) Standards of Construction. Curbs, gutters, sidewalks and driveway approaches shall be constructed in accordance with City stan- dards thereof. 3) Faulty or Defective Sidewalks. Whenever the Building Official finds that existing sidewalks and/or driveway approaches are faulty or defective and represent a danger to public safety, he shall condition the issuance of any building permit so as to require the repair, or re- moval and reconstruction of said sidewalks and/or driveway approaches. 4) Failure to Construct Improvements. a. Declaration of Nuisance. The City Council of the City BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEÊä7004. Continued) of Baldwin Park does hereby declare that where curbs, gutters and/or sidewalks are required to be constructed as a condition of issuance of a building permit pursuant to Subparagraph a) of this Section, entitled Improvements Required", that the failure to construct such improvements by the owner of property to which such building permit relates, is a public nuisance. b. Notice to Construct. Where the Building Official finds that such improvements were required to be constructed pursuant to Subparagraph a) hereof, but have not been so constructed, and that more than thirty 30) days has elapsed since the completion of the building or structure for which the building permit was issued, he shall notify the owner of such property, by United States Mail, postage prepaid, ad- dressed at his last known address, that unless construction of such improvements is commenced within a period of not to exceed 15 days from the date of mailing of such notice, and thereafter completed with due diligence, that a public hear- ing will be held before the City Manager to determine whether a public nuisance exists, by reason of the failure to con- struct such improvements. Said notice shall also state that if such nuisance is found to exist by the City Manager, that such improvements will be constructed in order to abate said nuisance and that the cost of such abatement, including but not limited to, administrative costs incurred therein, will be assessed against the property pursuant to Section 38771 et seq. of the Government Code of the State of California. c- Hearing. Where such improvements have not been con- structed and the Building Official gives the notice herein- above referred to, if the property owner fails to commence, and thereafter complete, said construction within the time permitted therefor, as hereinabove set forth, the City Clerk shall set the matter for hearing before the City Manager, and shall give not less than five 5) days written notice to the owner of the subject property, and to any other person having a legal or equitable interest in or to said property, of the time and place of said hearing. At the time of such hearing, if the City Manager finds, based upon evidence pre- sented, that the improvements were required by Subparagraph a) hereof and have not been constructed and completed in accordance with the City's specifications therefor, he shall declare that such condition constitutes a public nuisance, and shall direct the Director of Public Works to abate such nuisance by causing the construction of such improvements. The decision of the City Manager shall be subject to an appeal to the City Council taken in the time and manner set forth in Section 2900 et seq hereof. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEËäd. Abatement of Nuisance. The Director of Public Works shall keep an accounting of the costs of the construction of such improvements, including all applicable administrative expenses incurred in connection therewith, and upon completion of such construction he shall report the cost thereof to the City Clerk. Upon receipt of a report of such costs the City Clerk shall set the matter for hearing before the City Council, and shall give not less than five 5) days written notice to the owner and any other person having an applicable or legal interest in such property of the time and place of the hearing to consider and confirm, or modify and confirm, such costs. At the time set for such hearing, the City Council shall review the report of the Director of Public Works and if it finds that the report of such costs represents the actual ex- penses to the City for the abatement of such nuisance, in- clufing administrative expense, it shall confirm the costs as proposed by the Director, or if the same so require, it shall modify the same to insure an equitable assessment of such costs for the nuisance abatement against the owner of the property. Upon such costs being confirmed, or confirmed as modified, the City Clerk shall certify the results of said confirmation proceeding to the County Tax Assessor and Tax Collector and said amounts as confirmed shall constitute a special assessment against the property to which it relates, and shall be collected in the time and manner as set forth in Section 38771 et seq. of the Government Code. 7005. SAME. CERTIFICATE OF OCCUPANCY. DEPOSITS. The Building Official shall refuse to issue any certificate of occupancy for any building or struc- ture within the City, and shall refuse to approve any utility connection to any building or structure within the City unless and until: 1) Curbs, gutters, sidewalks, driveway approaches and street trees have been installed and constructed in the manner set forth in this Chapter; or 2) If the Building Official shall determine that immediate construc- tion of said improvements is not feasible due to existing local conditions, that the applicant has deposited with the City cash, or an instrument of credit, as that phrase is defined in Section 11612 of the Business and Professions Code of the State of California, in an amount equal to the estimated cost of construction of said improvements, as determined by the Director of Public Works; or 3) If the City Council, upon written application, from the property owner or his agent, has waived the application of this Chapter in the manner hereinafter set forth. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEÌä7006. SAME. WAIVER. The City Council, upon written application, may waive the application of this Chapter if said Council finds that any one or more of the following conditions exist: 1) That because of the location of the property concerned, the terrain or condition of the property that the construction of curbs or gutters or sidewalks or driveway approaches would be impracticable or unnecessary; or 2) That because of the lack of adequate data in regard to street grade, plans or surveys, that the construction of any of the said improve- ments above described render impracticable or unnecessary the construction thereof; or 3) That the construction of any one or more of the above described improvements, is included in a budgeted City project, or an existing or proposed assessment district. 7007. VARIANCE FROM REGULATIONS. Notwithstanding the provisions of Section 7001 and 7002 of this Code, which have the effect of adopting the Uniform Building Code, 1970 edition by reference with certain amendments thereto, as the building regulations of the City variances from the provision thereof, may be granted, in the manner hereinafter prescribed, where practical difficulties, unnecessary hardships or results inconsistent with the intent and purpose of said building regulations occur by reason of the strict and literal interpretation and application of any of the said provisions to a proposed or existing building or structure. a) Granting of Variance. Before any variance hereunder is approved, the applicant must show to the satisfaction of the City Council the existence of all of the following facts: 1) That there are exceptional or extraordinary circumstances or conditions which apply to the proposed or existing building or structure by reason of its type of construction or proposed usage which do not generally apply to other buildings or structures; or 2) That without the granting of such a variance the proposed or existing building or structure cannot be accommodated by reason of the building regulations imposed by said Code; and 3) That the granting of said variance will not constitute a special privilege and the building or structure will not be structurally inadequate or hazardous and will not constitute a fire hazard, and 4) That the granting of such variance will be consistent with the purpose and intent of the provisions of said Uniform Building Code. b) Procedure. A person desiring to obtain a variance frbm the provisions of the building regulations of this City shall file a written application there- for with the Building Official. Said application shall be upon a form prepared BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEÍä7007. Continued) by the Building Official and shall contain the following information: 1) The name and address of the owner of the property or his designated agent; 2) The description and location of the property upon which it is proposed to construct the building or structure; 3) A detailed set of plans showing the proposed construction; 4) A statement of how, and in what manner, the proposed or existing building or structure cannot be made to comply with the existing building regulations, and the reasons therefor; 5) Such other relevant information as may be required to explain and delineate the nature of, and reason for, the requested variance. Upon receipt of such an application the Building Official shall advise the City Clerk thereof, who shall place the matter upon the Council agenda for its next most convenient meeting. The applicant, and any other person requesting the same, shall be given five 5) days written notice of the time and place when said matter will be heard. Said notice shall be by United States Mail, postage prepaid. addressed to such person at his last known address. A filing and processing fee, as set by resolution of the City Council, shall be paid contemporaneously with the filing of the application. c) Council Action. At the time and place for the hearing upon said variance application, the City Council shall give the applicant, and any other person interested in such matter, a reasonable opportunity to be heard. The applicant shall have the burden of proof to show that all of the facts required by Subparagraph b) hereof are present and apply to his application. Based upon the evidence presented, and any applicable staff reports submitted, the City Council shall approve, conditionally approve, or deny such application. If the Council finds such facts are present, it shall approve the variance. Such approval may be conditioned so as to render the construction or recon- struction consistent with the purpose of the said building regulations, and compatible with adjacent and surrounding uses. If such facts are found not to exist the application shall be denied. The City Council may continue the hearing from time to time as may be necessary, at its discretion. The action of the Council shall be, by resolution, and shall be final and conclusive. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEÎäARTICLE VII BUILDING REGULATIONS CHAPTER 2 UNIFORM PLUMBING CODE 7100. ADOPTION OF THE UNIFORM PLUMBING CODE. 1973 EDITION. Subject to certain changes, deletions and amendments,as hereinafter set forth, the City Council of the City of Baldwin Park does hereby adopt, as the plumbing regulations for said City the Uniform Plumbing Code, 1973 Edition' here- after Code'), which said Code consists of a published compilation of rules and standards, pertaining to the regulation of plumbing within the City. Said Uniform Plumbing Code is made a part hereof as if set forth in full in this Chapter. 7101. SAME. AMENDMENTS TO CERTAIN SECTIONS OF THE UNIFORM PLUMBING CODE. The following Sections of said Code, adopted by Section 7100 hereof, are here- by deleted, as designated, amended or added to read as follows: Part One Administration Section 1.0 Purpose and Scope. The purpose of this code is to provide for the protection of the public health and safety, requiring a permit and inspection for the installation or alteration of plumbing and drainage systems; creating an administration office and prescribing its duties; defining certain terms; establishing minimum regulations for the installation, alteration or repair of plumbing and drainage systems and the inspection thereof; providing penalties for its violation and repealing conflicting ordinances. The provisions of this code shall apply to all new construction, reloca- ted buildings, and to any alterations, repairs, or reconstruction, except as provided for otherwise in this code. Section 1.1 Administrative Authority and Assistants. Whenever the term administrative authority" is used in this code it shall be construed to mean the Building Official or his authorized representative. Section 1.2 Assistants. Whenever the term Assistants" is used in this code it shall be construed to mean the Building Inspector in performance of his delegated duties. Section 1.3 Department Having Jurisdiction. Unless otherwise provided for by law, the office of the Administrative Authority shall be a Division of the Department of Public Works. Section 1.4 Duties of the Administrative Authority. The Administrative Authority shall maintain public office hours necessary to efficiently adminis- ter the provisions of this code and amendments thereto, and shall perform the following duties: BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEÏä7101. Continued) 1) Require submission of, examine and check plans and specifications, drawings, description, and/or diagrams necessary to show dearly the charac- ter, kind and extent of work covered by applications for a permit and, upon approval thereof, issue the permit applied for, 2) Keep a permanent, accurate account of all fees for permits issued and other monies collected and received as provided by this code, the names of the persons upon whose account the same were paid, the date and amount thereof, together with the location or premises to which they relate. 3) Administer and enforce the provisions of this code in a manner consistent with the intent thereof and inspect all plumbing and drainage work authorized by any permit to assure compliance with provisions of this code or amendments thereto, approving or condemning said work in whole or in part as conditions require. 4) Issue upon request a Certificate of Approval for any work approved by him. 5) Condemn and reject all work done or being done or materials used or being used which do not in alt respects comply with the provisions of this code and amendments thereto. 6) Order changes in workmanship and/or materials essential to obtain compliance with all provisions of this code. 7) Investigate any construction or work regulated by this code and issue such notices and orders as provided in Section 1.6. 8) Keep a complete record of all the essential transactions of his office. 9) Transfer all fees collected by him to the proper authority pro- vided by law to receive such funds. Section 1.5 Right of Entry. The Administrative Authority and Assis- tants shall carry proper credentials of their respective office, upon exhi- bition of which they shall have the right of entry, during usual business hours, to inspect any and all buildings and premises in the performance of their duties. Section 1.6 Dangerous and Insanitary Construction. a) Any portion of a plumbing system found by the Administrative Authority to be insanitary as defined herein is hereby declared tobea nuisance b) Whenever a department, having jurisdiction, is informed or learns that any insanitary condition exists or that any construction or work regulated BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEÐä7101. Continued) by this code is dangerous, unsafe, insanitary, a nuisance or a menace to life, health or property or otherwise in violation of this code, the department may request an investigation by the Administrative Authority who, upon determining such information to be fact, shall order any person, firm or corporation using or maintaining any such condition or responsible for the use or maintenance thereof to discontinue the use or maintenance thereof or to repair, alter, change, remove or demolish same as he may consider necessary for the proper protection of life health or property, and in the case of any gas piping or gas appliance, may order any person, firm or corporation, supplying gas to such piping or appliance to discontinue supplying gas thereto until such piping or appliance is made safe to life, health or property. Every such order shall be in writing, addressed to the owner, agent or person responsible for the premises in which such condition exists and shall specify the date or time for compliance with such order. c) Refusal, failure or neglect to comply with any such notice or order shall be considered a violation of this code. d) When any plumbing system is maintained in violation of this code and in violation of any notice issued pursuant to the provisions of this section of where a nuisance exists in any building or on a lot on which a building is situated, the Administrative Authority shall institute any appropriate action or proceeding in any court of competent jurisdiction to prevent, restrain, correct, or abate the violation or nuisance. Section 1.7 Violations and Penalties. Any person, firm or corporation violating any provision of this code shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not to exceed $500.00 or by imprisonment in the City or County jail for not to exceed six months, or by both fine and imprisonment. Each separate day or any portion thereof during which any violation of this code occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided. The issuance or granting of a permit or approval of plans and specifica- tions shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use which it authorized is lawful. The issuance or granting of a permit or approval of plans shall not prevent the Administrative Authority from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this code or of any other ordinance or from revoking any certificate of approval when issued in error. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEÑä7101. Continued) Every permit issued by the Administrative Authority under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 60 days from the date of such permit, or if the work authorized by such permit is suspendended or abandoned at any time after the work is commenced for a period of 120 days, Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefor shall be half the amount required for a new permit for such work, provided no changes have been made, or will be made in the original plans and specifications for such work; and provided, further, that such suspension or abandonment has not exceeded one year. Section 1.8 Permit Required. a) It shall be unlawful for any person to install, remove, alter, repair or replace or cause to be installed, removed, altered, repaired or replaced any plumbing, gas or drainage piping work or any fixture or water heating or treating equipment in a building or premises without first obtaining a permit to do such work from the Administrative Authority, b) A separate permit shall be obtained for each building or structure, c) No person shall allow any other person to do or cause to be done any work under a permit secured by a permittee except persons in his employ. Section 1.9 Work Not Requiring Permit, No person shall be required in the case of any repair work as follows: the stopping of leaks in drains, soil, waste or vent pipe, provided however, that should any trap, drainpipe, soil, waste or vent pipe be or become defective and it becomes necessary to remove and replace the same with new material in any part or parts, the same shall be considered as such new work and a permit shall be procured and inspection made as herein before provided. No permit shall be required for the clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, when such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures. Section 1.10 To Whom Permits May Be Issued. a) No permit shall be issued to any person to do or cause to be done any work regulated by this code, except to a State-licensed plumbing, sewer, or private sewage disposal system contractor, qualified to do plumbing or sewer, or private sewage disposal system work, but only to the extent and for the work the person is licensed by the State of California to do. b) A permit may be issued to a properly licensed person not acting in violation of any current contractor licensing law. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEÒä7101. Continued) c) Any permit required by this code may be issued to any person to do any work regulated by this code in a single-family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings in the event that any such person is the bona fide owner of any such dwelling and accessory building and quarters, and that the same are occupied by said owner, provided, that said owner shall personally purchase all material and shall personally perform all labor in connection therewith. Section 1.11 Application for Permit. Any person legally entitled to apply for and receive a permit shall make such application on forms provided for that purpose- He shall give a description of the character of the work proposed to be done, and the location, ownership, occupancy and use of the premises in connection therewith. The Administrative Authority may require plans, specifications or drawings and such other information as he may deem necessary. If the Administrative Authority determines that the plans, specifications, drawings, descriptions or information furnished by the applicant is in com- pliance with this code, he shall issue the permit applied for upon payment of the required fee as hereinafter fixed. Section 1.12 Cost of Permit, Every applicant for a permit to do work regulated by this code whall state in writing on the application form provided for that purpose, the character of work proposed to be done and the amount and kind in connection therewith, together with such information, pertinent thereto, as may be required. Such applicant shall pay for each permit, at the time of making applica- tion, a fee as set by resolution of the City Council. Any person who shall commence any work for which a permit is required by this code without first having obtained a permit therefor shall, if susequently permitted to obtain a permit, pay double the permit fee fixed by this Section for such work, or a minimum of $10.00 whichever is greater, provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the Administrative Authority that such work was urgently necessary and that it was not practical to obtain a permit therefor before the commencement of the work. In all cases a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, a double fee as herein provided, shall be charged. For the purpose of this Section, a sanitary plumbing outlet on or to which a plumbing fixture or appliance may be set or attached, shall be construed to be a fixture. Fees for reconnection and retest of existing plumbing systems in relocated buildings shall be based on the number of plumbing fixtures, gas systems, water heaters, etc.. Involved, BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEÓä7101. Continued) When interceptor traps or horse trailers site traps are installed at the same time as a building sewer on any lot, no sewer permit shall be required for the connection of any such trap to an appropriate inlet fitting provided in the building sewer by the permittee constructing such sewer. When a permit has been obtained to connect an existing building or existing work to the public sewer or to connect to a new private disposal facility, backfilling or private sewage disposal facilities abandoned conse- quent to such connection is included in the building sewer permit. A food waste disposer installed at the time of the original sink installation shall be considered as part of the sink. Dishwashers discharging into a food waste disposer or a separate trap shall require a separate fee. Section 1.14 All Work to be Inspected. All plumbing and drainage systems shall be inspected by the Administrative Authority to insure compliance with all the requirements of this code. Section 1.15 Notification. It shall be the duty of the person doing the work authorized by the permit to notify the Administrative Authority orally or in writing, that said work is ready for inspection. Such notification shall be given not less than 24 hours before the work 1s to be Inspected. It shall be the duty of the person doing the work authorized by the permit, to make sure that the work will stand the tests prescribed elsewhere in this code before giving the above notification. Section 1.16 Modification Committee. Appeals shall be administered as provided in Section 2900 et seq of the Baldwin Park Municipal Code. Section 1.17 Reinspections. A reinspection fee as set by resolution of the City Council may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of call-Ing for inspections before the job is ready for such inspection or reinspections. Reinspection fees may be assessed when the permit card is not properly posted on the work site. the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Adminis- trative Authority. To obtain a reinspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose, and pay the reinspection fee as set by resolution of the City Council. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEÔäARTICLE VII BUILDING REGULATIONS CHAPTER 3 UNIFORM MECHANICAL CODE 7200. ADOPTION OF THE UNIFORM MECHANICAL CODE, 1973 EDITION'. Subject to certain changes, deletions and amendments, as hereinafter set forth, the City Council of the City of Baldwin Park does hereby adopt as the mechanical regulations for said City the Uniform Mechanical Code, 1973 Edition, Volume II, Uniform Building Code' copyrighted and adopted by the International Con- ference of Building Officials), which said Code consists of a published com- pilation of rules and standards, pertaining to the construction, alteration, repair and maintenance of all mechanical equipment in the City. Said Uniform Mechanical Code is made a part hereof as if set forth in full in this Chapter. 7201. SAME. AMENDMENTS TO CERTAIN SECTIONS OF THE UNIFORM MECHANICAL CODE. The following Section of the Uniform Mechanical Code hereafter Tode'), adopted by Section 7200 hereof, is hereby amended to read as follows: Section 203. Beard of Appeals. In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of this Code, the City Council shall act as the Board of Appeals. Section 307. Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspec- tion is called is not complete or when corrections called for are not made. This Section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the require- ments of this Code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection. Reinspection fees may be assessed when the permit card is not properly posted on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspec- tion is requested, or for deviating from plans requiring the approval of the Building Official. To obtain a reinspection the applicant shall file an application therefor in writing upon a form furnished for that purpose, and pay the reins- pection fee in accordance with Section 303 d) of the Uniform Building Code. In instances where reinspection fees have been assessed,no add- itional inspection of the work will be performed until the required fees have been paid. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEÕäARTICLE VII BUILDING REGULATIONS CHAPTER 4 UNIFORM SWIMMING POOL CODE 7300. ADOPTION OF THE UNIFORM SWIMMING POOL CODE, 1973 EDITION'. The City Council of the City of Baldwin Park does hereby adopt as the swimming pool regulations for said City the Uniform Swimming Pool Code, 1973 Edition', which said Code consists of a published compilation of rules and standards for the construction and repair of swimming pools. Said Swimming Pool Code is made a part hereof as if set forth in fuTI in this Chapter. Notwithstanding the adoption of said Code, Section 1.8 thereof is hereby deleted. Permit fees with reference to said Code, shall be required in the time and manner as set forth in the Iniform Building Code adopted pursuant to Section 7000 et seq. hereof. 7302. AMENDMENTS. The/, following sections of the Uniform Swimming,Pool Code, adopted by Section 7300 hereof, are amended as follows: a) Section 1.0 of the Swimming Pool Code shall read: Whenever the term Administrative Authority" is used in this Code it shall be construed to mean the Building Official or his authorized representative. b) Section 1.1 shall read: Unless otherwise provided for by law the office of the Administrative Authority shall be part of the Public Works Department. c) Section 1,11 shall be changed by adding the words Three^hundred". County" and Three" in the spaces provided. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEÖäARTICLE VII BUILDING REGULATIONS CHAPTER 5 NATIONAL ELECTRICAL CODE 7400. ADOPTION OF 1971 NATIONAL ELECTRIC CODE'. The City Council of the City of Baldwin Park does hereby adopt as the electrical regulations for said City the 1971 National Electric Code', which said Code consists of a published compilation of rules, regulations and standards, pertaining to the installation, construction, repair, conversion and maintenance of all electrical equipment and fixtures within the City. Said National Electric Code is made a part hereof as if set forth in full in this Chapter. 7401. ADOPTION OF THE UNIFORM WIRING CODE, 1968 EDITION'. Subject to certain changes, deletions and amendments, as hereinafter set forth, the City Council of the City of Baldwin Park does hereby adopt as the wiring regulations for said City the Uniform Wiring Code, 1971 Edition*, which said Code consists of a published compilation of rules, regulations and standards, pertaining to electrical wiring in said City. Said Uniform Wiring Code, is made a part here- of as if set forth in full in this Chapter. Whenever in said Code, reference is made to the Electrical Safety Engineer said phrase shall mean the City's Building Official. 7402. AMENDMENTS. The following sections of the Uniform Wiring Code, adopted by Section 7401 hereof, are amended or deleted, as follows: 10.1 Electrical Safety Engineer. The Building Official shall act as the Electrical Safety Engineer for the City. 30.1 Fees- The City Council shall by resolution, set a schedule of fees. 30.2 through 30.12 are deleted. 50.4 Documents on File. Strike 1968", and insert 1971". 150.11 Delete. 150.12 Documents on File. Strike the phrase one and two family residence", and insert all uses as permitted by Article 336, National Electric Code, 1971". BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁE×äARTICLE VII BUILDING REGULATIONS CHAPTER 6 UNIFORM SIGN CODE 7500. ADOPTION OF THE UNIFORM BUILDING CODE, 1973 EDITION, ENTITLED SIGNS'. The City Council of the City of Baldwin Park does hereby adopt as the building regulations for said City, the Uniform Building Code, 1973 Edition', entitled Signs', which said Code consists of a published compi- lation of rules and standards, pertaining to the construction, alteration, repair, demolition and maintenance of all signs in said City. Said Uniform Building Code, is made a part hereof as if set forth in full in this Chapter. 7501. AMENDMENTS TO SIGN CODE. The following section of the Sign Code adopted by Section 7500 of this Code, are amended, deleted, or added, as follows: 304, FEES. The City Council shall, by resolution, establish a schedule of fees. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEØäARTICLE VII BUILDING REGULATIONS CHAPTER 7 UNIFORM HOUSING CODE 7550. ADOPTION OF THE UNIFORM BUILDING CODE, 1973 EDITION ENTITLED HOUSING'. The City Council of the City of Baldwin Park does hereby adopt as the housing maintenance regulations for said City the *Uniform Building Code, 1973 Edition, Housing Code' copyrighted and adopted by the International Conference of Building Officials) which said Code consists of a publiched compilation of rules and standards, pertaining to the housing in the City. Said Housing Code is made a part hereof as if set forth in full in this chapter. 7551. SAME. AMENDMENTS TO CERTAIN SECTIONS OF THE UNIFORM HOUSING CODE. The following sections of the Uniform Housing Code, adopted by Section 7550 hereof, are hereby deleted or amended, as follows: a) Section H-202. All buildings or portions hereof which are deter- mined to be substandard as defined in this Code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with Section 7600 et seq. of the Baldwin Park Municipal Code. b) Section H-203. Interpretation of Code. The City Council upon the recommendation of the Building Official, shall determine the suitability of alternate materials, and types of construction, and shall provide any interpretation of any of the provisions of this Code which may be required in the interest of clarity. The decision of the City Council with respect to any matter of interpretation or suitability of alternate materials and types of construction shall be made by majority vote of the Council and shall be final and conclusive. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEÙäARTICLE VII BUILDING REGULATIONS CHAPTER 8 PUBLIC NUISANCE PART A REAL PROPERTY 7600. MAINTENANCE OF PROPERTY. NUISANCES. It is hereby declared a public nuisance for any person, owning, leasing, occupying or having charge or possession of any real property in this city: a) to maintain any building or structure on such property, which is structurally unsafe, or is not provided with adequate ingress and egress, or which constitutes a fire hazard, or is otherwise dangerous to human life; or b) to maintain such property, the topography or configuration of which, whether in natural state or as a result of grading operations, causes or will cause, erosion, subsidence, or surface water run-off problems which will, or may, be injurious to the public health, safety and welfare or to adjacent properties; or c) to maintain such property so that the same constitute a fire hazard by reason of rank over-growth of vegetation or the accumulation of debris; or d) to maintain such property, or any building or structure thereon, in such condition so that the same is defective, unsightly or in such condition of deterioration or disrepair that the same causes or will cause, an ascer- tainable diminution of the property values of surrounding properties or is otherwise materially detrimental to adjacent properties and improvements; or e) to maintain any building or structure which has been constructed or is maintained in violation of any specific requirement or prohibition, appli- cable to such building or structure, contained in the building regulations of this city, or any law or ordinance of the city or state relating to the con- dition, location or construction of buildings; or f) to maintain any building or structure where by reason of obsolescence, dilapidated condition, deterioration, or damage, the same is in such condition as to constitute a fire hazard and is so situated as to endanger life or other buildings or property in the vicinity or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause; or g) to abandon or vacate any building or structure so that the same becomes available to unauthorized persons, including, but not limited to, juveniles. h) to maintain any building or structure in dangerous condition, for the purpose of this Section, a building or structure shall be deemed to be in a dangerous condition under any of the following circumstances: BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEÚä7600. h) Continued) 1. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe anc! adequate means of exit in case of fire or panic. 2. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the Uniform Building Code, for new buildings of similar structure, purpose or location. 3- Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Uniform Building Code, for new buildings of similar structure, purpose or location. 4. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodge, or to collapse and thereby injure persons or damage property. 5. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in the Uniform Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Uniform Building Code for such building. 6. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. 7. Whenever the building or structure, or any portion thereof, because of i) dilapidation, deterioration, or decay; ii) faulty construction; iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; iv) the deterioration, decay or inadequacy of its foundation; or v) any other cause» is likely to partially or completely collapse. 8. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. 9. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base. 10. Whenever the building or structure, exclusive of the foundation show, 33 per cent or more damage or deterioration of its supporting member or members, or 50 per cent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEÛä7600. h) Continued) 11. Whenever the building or structure has been so damaged by fire, wind earthquake or flood, or has become so dilapidated or deteriorated as to become i) an attractive nuisance to children; ii) a harbor for vagrants, criminals or immoral persons; or as to iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts. 12. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applica- ble to such building or structure provided by the building regulations of this city, as specified in the Uniform Building Code, Volume I, or Uniform Building Code, Volume III, Housing, or of any law or ordinance of this state or city relating to the condition, location, or structure of buildings. 13. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member of portion, less than 50 per cent, or in any supporting part, member, or portion less than 66 per cent of the i) strength, ii) fire-resis- ting qualities or characteristics, or iii) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. 14. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanita- tion facilities, or otherwise, is determined by the Health Officer to be un- sanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. 15. Whenever any building or structure, because of obsolescence, dila- pidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is-determined by the Fire Marshal to be a fire hazard. 16. Whenever any building or structure is in such a condition as to consti- tute a public nuisance known to the common law or in equity jurisprudence. 17. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any build- ing or structure is abandoned for a period in excess of six months so as to con- stitute such building or portion thereof an attractive nuisance or hazard to the public. 7601. ABATEMENT OF NUISANCE. All or any part of any real property, or structure located thereon found, as provided herein, to constitute a public nuisance, shall be abated by rehabilitation, demolition, or repair pursuant to the procedures set forth herein. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEÜä7602. DECLARATION OF NUISANCE. Whenever the Director of Public Works reasonably believes a nuisance exists, he shall commence abatement proceedings as herein provided. 7603. NOTICE OF HEARING. Where the Director finds that such a nuisance may exist, he shall give not less than seven 7) days written notice of the hearing to determine whether a nuisance exists, to the owners of affected properties. The notice shall indicate the nature of the alleged nuisance, the description of the property involved, the designation of the time and place of the hearing to determine whether the same constitutes a nuisance, and the manner of its proposed abatement if the same is found to be a nuisance. Owner" as used herein shall include any person in possession of the affected premises, and any person having or claiming to have, any legal or equitable interest in said premises. The failure of any person to receive such notice shall not affect the validity of any proceedings hereunder. 7604. CONDUCT OF HEARING. The hearing to determine whether a nuisance exists shall be conducted by the City Manager who shall act as the Hearing Officer. At such hearing, the City Manager shall consider all relevant evidence, including, but not limited to. applicable staff reports. He shall give any interested person a reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the City Manager shall determine whether a nuisance, within the meaning of this Chapter, exists. 7605. ORDER OF ABATEMENT. The decision of the City Manager shall be final and conclusive in the absence of an appeal as hereinafter provided. The City Manager shall, within two working days, give written notice of his decision to the applicant and to any other person requesting the same; said notice shall contain an Order of Abatement, if a nuisance is determined to exist, directed to the owner of the affected property or the person in the control and/or charge of the property, and shall set forth the nature of the nuisance, its location and the time and manner for its abatement. Where an appeal is filed as herein- after provided, such Order of Abatement shall be suspended pending the review of such determination in the manner hereinafter set forth. 7606. APPEAL. The decision of the City Manager shall be subject to review by the City Council, if an appeal is taken in the time and manner set forth in Section 2900 et seq. hereof. 7607. COUNCIL ACTION. At the time set for such de novo hearing, the Council shall determine whether a nuisance exists. The Council's decision shall contain informal findings upon which said determination is based; and it shall also recite the time and manner of abatement of the nuisance, if one is found to exist; if no time is stated, the property owner shall abate the same within thirty 30) days after the mailing of a copy of the Council's order to the affected property owner. If such nuisance is not abated in the time and manner set forth in said order, the Director of Public Works is hereby expressly authorized and directed to enter upon the premises for the purpose of abating BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEÝäsuch nuisance. 7608. NOTICE OF COUNCIL DECISION. A copy of the Council's order shall be mailed to the applicant, and to any other person requesting the same, by the City Clerk within two 2) working days after the adoption thereof. The Council's decision shall be final and conclusive. 7609. COST OF ABATEMENT. Where the City Manager is required to cause the abatement of a public nuisance, pursuant to the provisions hereof, he shall keep an accounting of the cost thereof, including incidental expenses for such abatement. The term incidental expenses" shall include, but not be limited to, the actual expenses and costs of the City in the preparation of notices, speci- fications and contracts, inspection of the work, and the costs of printing and mailings required hereunder. Upon conclusion of such abatement, he shall sub- mit his itemized statement of costs to the City Clerk. Upon receipts of such a statement, the City Clerk shall set the same for a hearing before the City Council at its next most convenient meeting. The City Clerk shall cause notice of the time and place of such hearing to be given to the owners of the property to which the same relate, and to any other interested person requesting the same, by United States mail, postage prepaid, addressed to such person at his last known address, at least five 5) days in advance of such hearing. 7610. REPORT. HEARING AND PROCEEDINGS. At the time and place fixed for receiving and considering said report, the City Council shall hear and pass upon the report of the City Manager, together with any objections or protests, raised by any of the persons liable to be assessed for the cost of abating such nuisance. Thereupon the City Council shall make such revision, correction or modification to said report as it may deem just, after which the report as submitted, or as revised, corrected or modified shall be confirmed, by resolu- tion. The said hearing may be continued from time to time. The decision of the City Council shall be final and conclusive. 7611. ASSESSMENT OF COSTS LIEN AGAINST PROPERTY. The confirmed cost of abatement of a nuisance upon any lot or parcel of land shall constitute a special assessment against the respective lot or parcel of land to which it relates, and, after its recording, as thus made and confirmed, the same shall constitute a lien on said property in the amount of such assessment. After the confirmation of said report, a copy thereof shall be transmitted to the Tax Collector for the City, whereupon it shall be the duty of said Tax Collec- tor to add the amounts of such assessment, or assessments, to the next regular bills of taxes levied against the said respective lots and parcels of land for municipal purposes, and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary municipal taxes. 7612. ALTERNATES. Nothing in this Part shall be deemed to prevent the City Council from ordering the City Attorney to commence a civil action to abate a nuisance in addition, alternatively to, or in conjunction with, the proceedings herein set forth. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEÞä7613. EMERGENCY ABATEMENT. Notwithstanding any other provision of this Part with reference to the abatement of public nuisance, whenever the City Manager determines that a building or structure is structurally unsafe, or con- stitutes a fire hazard, or is otherwise dangerous to human life, and such con- dition constitutes an iironediate hazard or danger, he shall without observing the provisions of this Part with reference to abatement procedures, immediately and forthwith abate such existing public nuisance immediately. Where such con- dition obtains, and the abatement is immediately required, the said City Manager shall comply with the provisions of Section 7609 through 7611, inclusive hereof. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEßäARTICLE VII BUILDING REGULATIONS CHAPTER 8 PUBLIC NUISANCE PART B MOTOR VEHICLES 7650. PUBLIC NUISANCE. MOTOR VEHICLES. The provisions of this Part shall govern the abatement and removal of motor vehicles, or parts thereof, which are abandoned, wrecked, dismantled or inoperative. Motor Vehicle" as used in this Part shall be defined as set forth in Section 670 of the Vehicle Code of the State of California. 7651. DECLARATION OF NUISANCE. Any motor vehicle which is abandoned. wrecked, dismantled or inoperative, or any part thereof, located on any private property, or public property, excluding highways, in the City, is hereby declar- ed to be a public nuisance. a) Abatement. Where such motor vehicle is found to constitute a public nuisance, by reason of its condition and location, as herein provided, said nuisance shall be abated and the motor vehicle, and all parts thereof, shall be removed and disposed of as provided in this Part. b) Declaration. Whenever the City Manager finds that any motor vehicle is being maintained contrary to the provisions of this Part by reason of its condition and location, he shall give the notice required hereinafter. 7652. PUBLIC HEARING. PROCEDURE. a) Notice. Prior to removal of any such vehicle, or part thereof, the City Manager shall give a ten-day notice of his intention to abate the nuisance, by removal; such notice shall contain the information required pursuant to Section 22660 of the Vehicle Code, and shall describe the vehicle involved, and the property whereon the same is located, including, but not limited to, the correct identification number and license number thereof, if available. Such notice shall be given in the manner prescribed in said Section 22660. b) Request for Hearing. Within ten 10) days after the filing of said notice, the owner of the lot upon which such vehicle or part thereof is located, or the owner of the vehicle, may file a written request, as provided in said Section 22660, with the City Clerk, requesting a hearing on such matter. If no such request is made, the City Manager shall abate the nuisance as provided in the notice relating thereto. c) Notice. Notice of the hearing, if requested within the time per- mitted, to determine whether a vehicle or part thereof, constitutes a public nuisance, shall be given by the City Clerk to the owner of the land whereon the vehicle is located, whose name appears, as such, on the last equalized BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEàäassessment roll, and to the vehicle owner as shown on the last registration of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. Such notice shall be given by United States mail, certified or registered, with a five-day return requested and postage thereon prepaid. The failure of any person to receive such notice shall not affect the validity of any proceedings hereunder. d) Hearing. If a request for a hearing is made, the same shall be held before the City Council. At the time and place of hearing, the City Council shall hear and consider all relevant evidence. Including, but not limited to, applicable staff reports, objections or protests relative to the existence of such alleged public nuisance and the manner proposed for abatement of the same. Said hearing may be continued from time to time. Upon conclusion of said hearing, the City Council shall, based upon the evidence presented at such hearing, determine whether the vehicle, or any part thereof, as maintained, constitutes a public nuisance, as defined herein. If the Council finds that a public nuisance exists, it shall order the same abated within a reasonable time to be set by it. The owner of the land on which the vehicle is located may appear in person at such hearing, or present a written statement in time for consideration at the hearing, denying responsibility for the presence of the vehicle on the land, together with his reasons for such denial. If the City Council determines that the vehicle was placed upon the land without the consent of the landowner, and the landowner has not subsequently acquiesced In its presence, the cost of abatement thereof, shall not be levied against such property owner, 7653. SERVICE ON OWNER OF ORDER OF ABATEMENT. A copy of the resolution ordering the abatement of said nuisance shall be served upon the owners of said property in accordance with the provisions of Section 7652(c) hereof. 7654. ABATEMENT OF PUBLIC NUISANCE. After a final determination that a motor vehicle, or parts thereof, constitutes a public nuisance within the mean- ing of this Part, the owner of the motor vehicle, and/or the owner of the property whereon the same is located, shall abate the said public nuisance by removing the same in the time set forth in the order of abatement relating thereto. If such person or persons fail to abate such public nuisance, the City Manager shall abate the same by City forces or private contract in the time and manner permitted by Section 22660 of the Vehicle Code of the State of California. 7655. ABATEMENT BY CITY. Where the abatement of a public nuisance pur- suant to this Part 1s accomplished by City forces, the provisions of Section 7607 et seq. hereof shall be applicable to such proceedings. 7656. ADMINISTRATION. The provisions of this Part shall be administered by the City Manager of the City. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEáä7657. DISPOSAL OF VEHICLES. Motor vehicles or parts thereof, declared to be a public nuisance pursuant to this Part, shall be disposed of in the manner provided by Section 22660 of the Vehicle Code of the State of California; pro- vided that, after a motor vehicle has been declared to be a public nuisance, and has been removed from the premises where located, the same shall not be reconstructed or otherwise made operable. 7658. IDENTIFICATION OF VEHICLE. Within five 5) days after the date of removal of a vehicle or part thereof, the City Manager shall cause to be for- warded to the Department of Motor Vehicles of the State of California notice identifying the vehicle or part thereof, and any evidence of registration available, including, but not limited to, registration certificates of title or license plates on any such vehicle. 7659. EXCEPTION. This Part shall not apply: a) to a vehicle or part thereof which is completey enclosed within a building in a lawful manner, where the same is not visible from the street or other public or private property; and/or b) to a vehicle or part thereof which is stored or parked in a lawful manner on private property in conjunction with the business of a licensed dis- mantler, licensed vehicle dealer or a junk yard; provided, however, that this latter exception shall not authorize the maintenance of any premises contrary to the provisions of this Code. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEâäARTICLE VII BUILDING REGULATIONS CHAPTER 9- HOUSE MOVING 7700. DEFINITIONS. For the purpose of this Chapter the following defini- tions shall apply unless the context otherwise clearly requires: a) Building shall mean any structure having a roof supported by columns or by walls, and intended for the shelter, housing or enclosure of persons, animals, chattels, or property of any kind; b) Code shall mean the Baldwin Park Municipal Code; c) CJty isha'11 mean the City of Baldwin Park; d) Council shall mean the City Council of said City; e) Director shall mean the Director of Public Works; f) Housr Moving Permit shall mean a permit issued upon an application to allow the movement of a building or structure in, over, or upon any public street or public property within the City provided that such building or struc- ture win not be permanently relocated within said City; g) Relocate or Relocation shall mean the temporary or permanent reloca- tion of any building or structure upon any property located within said City; h) Structure shall mean anything constructed or erected which requires a fixed location on the ground or is attached to some object having a fixed location on the ground. 7701. HOUSE MOVING PERMITS. WHEN REQUIRED. No person shall move any building or structure in or along any public or private street or other public place, within the City, without first obtaining a house moving permit in the manner hereinafter set forth in this Part. 7702. PEWIT APPLICATIONS. HOUSE MOVING. Applications for a house moving permit shall be made to the Director and shall contain the following information a) The name of the owner and the name of the person responsible for the moving. b) A description of the building or structure involved. c) Designation of the route and times proposed to be utilized to move the building or structure through the City. d) Such other information as may be deemed required to properly process BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEãäthe permit application. At the time of filing of the application the applicant shall pay to the Finance Director a filing fee and processing fee as set by resolution of the City Council. 7703. HOUSE MOVING PERMITS. INSURANCE. No house moving permit shall be issued unless and until the applicant therefor has filed with the Finance Direc- tor a certificate of Insurance, indicating that during the duration of such permit a policy of liability insurance is in full force and effect, in amounts approved by the City Manager. 7704. PERMIT ISSUANCE. CONDITIONS. Upon receipt of an application to- gether with the filing and processing fee, the Director stiaTT issue a flouse moving permit providing that We finds that the routes and time proposed for the same, will not unreasonably interfere with the use of public or private streets or other public places; the Director may condition the issuance of such a permit so as to Insure that such usage will not result in an unreasonable interference with the same, and to insure that no damage will result to any person, including the City, or property. If the route and/or time proposed or the nature of the building or structure involved will unreasonably interfere with the usage of such streets or other places, or if it appears that injury or damage will result, the Director shall deny the issuance of such permit. In the case of such denial, or the imposition of such conditions the applicant feels are unreasonable, he shall have the right of appeal to the Council, in the manner as hereinafter described. 7705. APPEAL. Any person dissatisfied with the determination of the Director with reference to a house moving permit shall have the right of appeal to the City Council, taken in the time and manner set forth in Section 2900 et seq hereof. 7706. DEPOSIT, WHEN REQUIRED. When the Director finds that the building or structure to be moved is to be moved from a location within the City to a location outside of said City, he shall require that the applicant and/or the owner shall deposit with the Finance Director a cash deposit in an amount to be determined by him, to insure that the lot, after the building or structure has been removed therefrom, will be suitably cleaned by the removal therefrom of all debris, including but not limited to, concrete footings and the like. If the Director finds, after the building or structure has been removed from such lot, that the said lot has been cleaned to his reasonable satisfaction, he shall advise the Finance Director thereof, who shall return the said deposit to the person making the same; if such lot is not cleaned to the reasonable satisfaction of the Director within thirty 30) days after removal of the building or structure, he shall cause the same to be done and charge the cost thereof against the deposit, and remit the balance of said sum, if any, to the person so depositing it. 7707. RELOCATIONS PROHIBITED. Except as specifically provided in this Chapter, no person shall move any building or structure from any place, tempor- arily or permanently, onto any lot within the City. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 691x ôÎÁEää7708. EXCEPTION TEMPORARY FACILITIES. The provisions of Section 7707 shall not apply to the transportation into or the use within the City of tem- porary buildings and/or structures in accordance with, or as required by, other applicable requlatlons, such as construction offices, storage sheds, portable sanitation facilities, bleacher seats, construction barricades and the like and for use, and If used only in connection with construction or other temporary activities lawfully conducted within the City. 7709. PUBLIC NUISANCES. Any building or structure relocated In violation of any of the provisions of this Chapter is declared to be a public nuisance and shall be abated as such. BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 äARTICLE I GENERAL CHAPTER 3 RULES OF CONSTRUCTION 1200. CONSTRUCTION. PROVISIONS GOVERNING, Unless the context hereof clearly otherwise requires, the rules of construction and definitions, here- inafter set forth, shall govern the construction of the Code. The provisions of this Code and all proceedings under it are to be construed with a view to effectuate its objects and to promote justice. 1201. HEADINGS. EFFECT OF. Article and Section headings contained here- in shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any Article or Section hereof. 1202. REFERENCE TO ACTS OR OMISSIONS WITHIN THIS CITY. This Code shall refer only to the omission or commission of acts within the territorial limits of the City and to that territory outside of the City over which the City has jurisdiction or control by virtue of the Constitution, or any law, or by rea- son of ownership or control of property. 1203. PROHIBITED ACTS. INCLUDING CAUSING, PERMITTED, OR SUFFERING. Whenever in this Code any act or omission is made unlawful, it shall also be unlawful to cause, permit, aid, abet, suffer or conceal such act or« omission. 1204. ACTS BY DEPUTY. Whenever a power is granted to, or a duty is im- posed upon, a public officer or employee, the power may be exercised, or the duty may be performed by a deputy of such officer or employee or by a person otherwise- duly authorized pursuant to law or ordinance, unless this Code ex- pressly provides otherwise. 1205. WRITING. Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this Code it shall be made in writing in the English language unless it is expressly provided herein to the contrary. 1206. REFERENCE APPLIES TO AMENDMENTS. Whenever a reference is made to any portion of this Code, or to any ordinance of this City, the reference shall be deemed to apply to all amendments and additions thereto now or hereby after made. 1207. NOTICES. Whenever written notice is required to be given under this Code, unless a contrary provision is specifically made, such notice shall be given: 1) by personal delivery thereof to the person to be notified or 2) by deposit in the United States Postal Service, in a sealed envelope, or postal card, postage prepaid, addressed to such person to be notified, at his last known business or residence address as the same appears in the public records of the City or other records pertaining to the matter to which such BALDWIN PARK MUNICIPAL CODE BIB] 37950-U01 ORD-U02 691-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31745-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04