1 CHAPTER IV PUBLIC WELFARE Article 1 Disorderly Conduct Places and Publications 2 Soliciting Sales 3 Gambling, Fraud and Deceit 4 Philanthropy 4.5 Bingo 5 Minors 5.1 Medical Marijuana Collective Restrictions on Signs Advertising Tobacco Products 5.5 Prohibition Against Discrimination in Housing Based on Age 5.6 Prohibition Against Discrimination Based on Student Status 5.7 Prohibition of Discrimination in Mobilehome Parks Against Owners of Mobilehomes Based on the Age of Their Mobilehomes 5.8 Prohibition Against Discrimination Based on a Person Suffering From the Medical Condition AIDS, or Any Medical Signs or Symptoms Related Thereto, or Any Perception That a Person Is Suffering from the Medical Condition AIDS Whether Real or Imaginary 5.9 Prohibition Against Discrimination by Clubs or Organizations Which Are Not Distinctly Private 6 Preservation of Protected Trees 6.5 Regulation of Over-the-Counter Drugs 6.6 Bath Salts Sale and Use Prohibited 6.8 Alcoholic Beverages Warning Signs 6.9 Tobacco Retailer s Permit 7 Miscellaneous 7.1 Residential Hotel Unit Conversion and Demolition 7.2 Mortgage Modification Consultants 8 Municipal Lobbying 9.5 Municipal Ethics and Conflicts of Interest 9.7 Campaign Financing 11 Municipal Mass Mailings 12 Discrimination on the Basis of Sexual Orientation 13 Prohibition on the Manufacture, Sale, and Distribution of Polystyrene Plastics Products
2 14 Graffiti Removal and Recovery 14.1 Eviction of Tenants from Foreclosed Residential Rental Properties 15 Urgent Repair Program ARTICLE 1 DISORDERLY CONDUCT PLACES AND PUBLICATIONS Section Lookouts for Illegal Acts Injury to Public Property Snuff Throwing of Library Books Retention After Notice Sidewalks, Pedestrian Subways Loitering Public Assemblages Obstructing Entrance Closure of Streets Special Event Application Process and Definitions Cutting into Gasoline Lines Prohibited Loitering River Bed Trespass on Housing Authority Property Trespass on Private Property Intoxication Hand Organs on Streets Spite Fences Trees Injury to Theatres Sound Amplifiers Landlords Disturbing Tenants Pesticides Notice to Tenants Use of Certain Signs on Vehicles Prohibited Stowaways Entry a Misdemeanor Noise Due to Construction, Excavation Work When Prohibited Evading Payment of Admission Fee Music Reproducing Devices Hours of Operation Selling Goods near Private Parks Door to Door Selling or Soliciting Miniature Golf Courses and Driving Fairways Unauthorized Removal, Use or Possession of Shopping Carts Sidewalks Cleaning of Water Closets Use of Restroom Facilities Urinating or Defecating in Public Restaurants Minimum Light Intensity Hotel Registers and Room Rentals Smoking Prohibited in Designated Areas Signage Regulations for Places Subject to Regulation Pursuant to Labor Code Section Smoking in Elevators Prohibited Smoking in Buses Public Bath Houses Fishing Within One Mile of Public Sewer Outlet Oil Discharge in Ocean and Beaches Unlawful Activities at Sporting Events, Theatricals and Exhibitions Loud and Raucous Noise Prohibited Loud Party Second Response Fee Prohibition Against Certain Forms of Aggressive Solicitation Hospitals; Patient Transport Nuisance Vehicles Prostitution Nuisance Vehicles Controlled Substances.
3 Nuisance Vehicles Speed Contests and Exhibitions of Speed Nuisance Vehicles Illegal Dumping Gang-Related Nuisance Vehicle Forfeiture Counterfeit Goods Nuisance Abatement Law. SEC LOOKOUTS FOR ILLEGAL ACTS. (a) No person shall act as a guard or lookout for any building premises or establishment used for gambling, prostitution, or any other form of vice or illegal act, or where intoxicating liquors are illegally kept, sold or purchased, or for any person soliciting, offering or engaging in prostitution, gambling or any other form of vice, or illegal act, or any prostitute, or any street or sidewalk. (b) No person shall give any signal, intended to, or calculated to warn, or give warning of the approach of any peace officer to any person in or about such building or premises or places mentioned in the preceding subsection. It is not necessary to show that the signal was given for any persons, it is sufficient if it is given to a person in the places mentioned. People v. Hayes, CR A but see: People v. Mulder, CR A SEC INJURY TO PUBLIC PROPERTY. No person shall cut, break, destroy, remove, deface, tamper with, mar, injure, disfigure, interfere with, damage, tear, remove, change or alter any: (a) (b) part of any building belonging to this City; drinking fountain situated on any public street or sidewalk or any appliance used in or about such foundation; (c) (1) electric lamp erected or suspended on or over any street, sidewalk or park and used in the lighting thereof, or any wire or other apparatus immediately attached to such lamp; (2) any lamp standard or lamp pole, nor attach thereto any banner, pennant, streamer, flag, sign, picture, wire, rope or other attachment of any kind for any purpose without first obtaining a permit to do so, as required by Sec of this Code; (d) parts or appurtenances of the fire alarm, telegraph system or police signal system, lamp post, street sign post, fire alarm box, police signal box, post, standard, or pole or any fixture or apparatus used about or in connection with any such post, box, standard or pole; (e) life buoy, life preserver, life boat, rope, gang or other materials, property or apparatus owned by this City and used or intended to be used for the purpose of saving life except when necessary for that purpose; (f) (g) public bridge or any portion thereof; water main, pipe, conduit, hydrant, reservoir or ditch, or to tap the same without permission of the Board of Water and Power Commissioners; (h) water meter or any box containing any pipe, stop-cock or cut-off valve of the Department of Water and Power of this City or cover the same with earth, brick, stone, mortar, debris, or building material; (i) tree, shrub, tree stake or guard in any public street, or affix or attach in any manner any other thing whatsoever, including any guy wire or rope, to any tree, shrub, tree stake or guard except for the purpose of protecting it or unless otherwise authorized by this Code; (j) property owned by any public utility located on any street or sidewalk; (k) other property owned or leased by this City, the County of Los Angeles, the State of California or the United States government or any political subdivision or department thereof, and not specifically enumerated in this section; (l) public document, notice or advertisement or any private or legal document required to be posted or exhibited in the manner and place provided by law, or any copy of any ordinance posted in any public building or place, or on private property when such public notice or ordinance is required by law to be placed or posted thereon. SEC SNUFF THROWING OF.
4 No person shall throw, blow or otherwise scatter on any street, sidewalk, restaurant, cafe, theatre, place of amusement or other public place any snuff, or any substance which injuriously affects the olfactory nerves or which causes sneezing or coughing or otherwise injuriously affects the person. SEC LIBRARY BOOKS RETENTION AFTER NOTICE. No person shall retain any book, newspaper, magazine, pamphlet, manuscript, or other property belonging in or to, or on deposit with the Public Library or any branch reading room, or deposit station thereof operated in connection therewith, for a period exceeding thirty days after notification by the first class mail to the borrower s address on file with said library, given after article or other property may be kept, which notice so mailed shall bear on its face a copy of this section. SEC SIDEWALKS, PEDESTRIAN SUBWAYS LOITERING. (a) No person shall stand in or upon any street, sidewalk or other public way open for pedestrian travel or otherwise occupy any portion thereof in such a manner as to annoy or molest any pedestrian thereon or so as to obstruct or unreasonably interfere with the free passage of pedestrians. (Amended by Ord. No. 137,269, Eff. 10/21/68.) Whether or not a defendant s acts in any manner hindered or obstructed the free-passage of persons passing is clearly a question of fact for the jury. People v. Firestone, CR A 518. Where free-passage along sidewalks is obstructed by persons listening to what is said at a street-meeting, the persons conducting said meeting cannot be convicted of a violation of this section in the absence of other facts. People v. Yoneda, CR A 249. (b) No person shall loiter in any tunnel, pedestrian subway, or on any bridge overpass, or at or near the entrance thereto or exit therefrom, or at or near any abutment or retaining wall adjacent to such entrance or exit, or any retaining wall or abutment adjacent to any freeway, street or highway open and used for vehicular traffic, or adjacent to that portion thereof used for vehicular traffic, or on any public property in the proximity of such bridge, overpass, or retaining wall or abutment. Sec has not been preempted by State Legislation encompassing loitering offenses. Gleason v. Municipal Court (April 1964), 226 Cal. App. 2d-226 ACA 701. (c) No person in or about any pedestrian subway, shall annoy or molest another or make any remark to or concerning another to the annoyance of such other person, and no person shall commit any nuisance in or about such subway. (d) (Amended by Ord. No. 137,269, Eff. 10/21/68.) No person shall sit, lie or sleep in or upon any street, sidewalk or other public way. The provisions of this subsection shall not apply to persons sitting on the curb portion of any sidewalk or street while attending or viewing any parade permitted under the provisions of Section of Article 2, Chapter X of this Code; nor shall the provisions of this subsection apply to persons sitting upon benches or other seating facilities provided for such purpose by municipal authority or permitted by this Code. SEC PUBLIC ASSEMBLAGES OBSTRUCTING ENTRANCE. No person shall sit or stand on or at the entrance of any church, hall, theatre or other place of public assemblage in any manner so as to obstruct such entrance. SEC CLOSURE OF STREETS. (Added by Ord. No. 150,567, Eff. 3/26/78.) (a) Street Closures, Special Events Permits, and One-Stop Special Events Permit Office. The Director of the Bureau of Street Services has the authority to temporarily close any local street, including collector streets, or major or secondary highway, or lane(s) thereof, after receiving a recommendation from the Department of Transportation, when such closing is necessary for the safety and protection of persons who are to use that portion of the street or highway during the temporary closing. No person shall conduct, manage or Sponsor any Special Event without a written permit that has been approved as required by this Section or any other applicable Section of this Code. No person shall participate in any Special Event with the knowledge that its Sponsor has not been issued the required permit. No person shall knowingly conduct, join or participate in any Special Event conducted under permit in violation of any of the terms of the permit, or knowingly join or participate in any permitted Special Event without the consent, and over the objection, of the permittee. No person shall in any manner interfere with the progress or orderly conduct of a permitted Special Event. The Sponsor of any event that involves the use of, or has a direct or indirect impact on, public property or facilities, or that can reasonably be foreseen to have such an impact on or to require a higher level of public safety services or other municipal services, including advance planning services, than that normally provided by the City, shall be responsible for obtaining all required permits and for payment of the costs, including all fees, charges and salary costs, for all such services. The Board of Public Works shall establish a One-Stop Special Events Permit Office in the Bureau of Street Services for the issuance of all Special Event Permits, other than permits for Parades and Assemblies as defined in Section (b) of this Code, which are to be issued by the Los Angeles Police Department, and other than as provided for entertainment industry-related Special Events such as motion picture filming, television filming and photography in Section , subsection (d). Except as expressly provided herein, the Bureau of Street Services, through the One-Stop
5 Special Events Permit Office, shall be the permitting office for all Special Events, including Athletic Events. The Police Department shall remain the permitting entity for Parades and Assemblies, as defined in Section (b) of this Code. The provisions of this Section and of Section shall not eliminate or affect the requirements for, or related to, permits, fees or charges for events on property controlled by the departments of Recreation and Parks, Library, Water and Power, Harbor and Airports, nor shall they negate any requirements to obtain permits, as applicable, from the City's regulatory departments (e.g., Fire Department, Police Department, Building and Safety Department), and to pay the applicable fees and charges. (Amended by Ord. No. 180,881, Eff. 10/26/09.) (b) Application for Permit. (Amended by Ord. No. 180,881, Eff. 10/26/09.) Applications for Special Events, including those requiring street closures of local streets, including collector streets, and of major and secondary highways, or lane(s) thereof, shall be filed with the One-Stop Special Events Permit Office in the Bureau of Street Services at least forty-five (45) days prior to the expected first day of the Special Event. Beginning on January 1, 2010, and thereafter, there shall be a non-refundable administrative late fee of $312 for all applications submitted twenty-one days or less before an event. The Bureau of Street Services shall establish notification procedures to immediately notify the respective Council office as well as all affected City departments and offices and affected non-city government agencies, if known, the Los Angeles Police Department, the appropriate Neighborhood Council, if any, and the Business Improvement District, if any, in which a proposed event is to be held, whenever a Special Event Permit application is submitted to the Bureau for processing. The respective Council office and all affected City departments and offices shall be provided a copy of the permit application for their review and comment. The Council office and every other office and department shall be responsible for notifying the Bureau of Street Services in writing or electronically of any objection to, or condition required for, the issuance of the permit for the Special Event. Upon issuance of a Special Event Permit, each of those City departments and offices shall be provided a copy of the permit issued and shall be responsible for enforcement of the terms and conditions of the permit that are within the subject matter jurisdiction of that department or office. Special Event Permits shall be issued for the dates of the event and necessary days for setup and take-down. Special Event Permits issued for recurring Certified Farmers' Markets sponsored by a non-profit organization or a local government agency (state, county or district) may be issued for all events on the days specified for up to one year. Applications for Special Event Permits may be filed directly at the One-Stop Special Events Permit Office or may be completed and submitted on-line through the City's web-based Special Events Permit Application. Any changes made by the applicant to the initial Special Event Permit Application or Site Plans for the event will require payment of a $100, non-refundable, processing fee. Decisions to deny or to condition the issuance of a Special Event Permit which are contested by the applicant shall be reviewed as set forth in Section The Bureau of Street Services shall develop a "How to Obtain a Special Event Permit Application" informational brochure with updates, as appropriate, and make the information available on the City's web site, at public counters, and through Neighborhood Councils. If the Special Event is designed to be held by, on behalf of, or for any organization other than the applicant, the applicant for the permit shall file a communication in writing from the organization authorizing the applicant to apply for the permit on its behalf. The Bureau of Street Services shall take reasonable steps to verify that information. (c) Permit Fees and Charges. Issuance of all Special Event Permits shall be subject to payment in advance or at the time the permit is issued of all applicable fees and charges, including salary costs, for required City services, equipment and materials. Except as expressly provided by ordinance, no subsidy or waiver of any fees or charges shall be provided by the City for City permits, equipment, materials or services for any Special Event. If the actual fees and charges for the event are less than the estimated amount paid by the permittee, the permittee shall be refunded the difference. If the actual fees and charges for the event are greater than the estimated amount paid by the permittee, the permittee shall be billed for and required to pay the difference within fifteen (15) calendar days of receipt of an invoice therefor. (Amended by Ord. No. 180,881, Eff. 10/26/09.) (d) Conditions for Granting Permits. (Amended by Ord. No. 180,881, Eff. 10/26/09.) 1. The Board of Public Works shall approve the forms to be used by the Bureau of Street Services for Special Event Permit applications and Special Event Permits and shall adopt written procedures and requirements to be applied by the Bureau of Street Services for the granting of permits, including but not limited to the requirement of adequate barricades, lights and warning devices to be provided and maintained during a street closure, other traffic control measures, cleaning deposit, charges for sanitary units and barricades, insurance and other fees and charges. In addition to any other information determined to be required by the Board, the Special Event Permit application shall require, as applicable, the following information: A. The date(s) and time(s) of the event; B. The assembly area, or event area, as applicable; C. The start time(s); D. The minimum and maximum speed(s) for the event, if applicable; E. The exact route of the event, if applicable; F. The portions of streets to be traversed by the event, if applicable; G. The disbanding area and disbanding time, or ending time, as applicable; H. The number of persons required to officiate or monitor the event; I. The number and types of vehicles, if any;
6 J. The material and maximum size and dimensions of all signs, banners, placards, or carrying device(s) therefore; K. The number, type, dimensions and locations of booths, stages, structures of any kind, and equipment to be used for the event, if applicable; and L. The type(s) and capacity of sound amplification equipment and systems to be used for the event, if applicable. 2. The following criteria shall be included among all the relevant criteria used in reviewing applications for Special Event Permits: A. Location and surrounding area at which the event is to take place; B. Dates, number of hours, time(s) of day, the number of days an event will be held and the impact on the public and the community; C. Inclusion of information on the Special Events Permit Application as to whether the event provides a social, economic, cultural, or educational benefit to the community; D. Consideration of traffic in the area where, and on the days and times when, the proposed event will be held, and the impact of the event on residential and business access in the area; E. Anticipated impacts of the event on activity and noise levels in residential and business areas; F. Availability of personnel and other resources needed from the Police, Building and Safety, Fire, Transportation, General Services, and Cultural Affairs departments and from the Bureaus of Street Services, Street Lighting and Sanitation; G. Number of participants expected to attend the event; H. The number and nature of other events occurring at approximately the same time, and in the same area of the proposed event; I. Conditions existing within the surrounding area that when occurring in conjunction with the event or with a proposed street closure, may create a severe hardship or an unnecessary inconvenience to the community and the general public; J. The history and experience of the applicant and organizer in conducting special events of the type proposed; K. The results of petitions, required or otherwise, circulated in residential and commercial areas impacted by the event; L. Construction activities in the proposed area of the event; M. Comments and other input from Neighborhood Councils and BIDs in the areas impacted by the event. 3. The Sponsor of a Special Event, including a Certified Farmers' Market, shall obtain a Business Tax Registration Certificate, as required by applicable law, and shall ensure that a City Business Tax Registration Certificate is obtained by every event participant, as required by applicable law. 4. Any unresolved issues regarding the issuance of a permit shall be resolved as set forth in Subsection (e) of this Section. 5. Upon the request of the Bureau of Street Services with respect to an application for a Special Event Permit, the Department of Transportation and each of the other affected City departments shall provide to the Bureau of Street Services a statement of the estimated fees and charges, including salary costs, for providing traffic control services (traffic control costs) or other services, as applicable, for the event. The Bureau of Street Services shall provide to the permittee a statement of the estimated fees and charges, including salary costs, for all City services, equipment and materials required for the event, including traffic control costs. Traffic control services consist of the preparation of the traffic management plan as well as clearing the event route or area of unauthorized vehicles, posting any parking restrictions necessary for the event, diverting traffic around the event, and directing pedestrian and vehicular traffic along the route of the event. The traffic control costs shall be computed by determining the number of City personnel that will be required for traffic control beyond that which would otherwise be required at that time, multiplied by the number of hours for which those additional services are to be rendered at the rate of the City's full cost of providing personnel at the respective classifications on an hourly basis. At the conclusion of the event, the actual costs for traffic control and for other services, as applicable, for the event shall be determined by the Department of Transportation and each of the other affected City departments. If the actual costs for services for the event are less than the estimated costs paid, the permittee shall be refunded the difference. If the actual costs for traffic control for the event are greater than the estimated costs paid, the permittee shall be billed for and required to pay the additional costs within fifteen (15) calendar days of receipt of an invoice therefor. Unless otherwise required to insure public safety as determined by the Department of Transportation, the permittee for a block party Special Event shall be allowed to pick up, place and return traffic control devices required for the event from the Bureau of Street Services at the nearest convenient location. The permittee for a block party shall make a refundable deposit of an amount determined by the Bureau of Street Services to be reasonable to insure return, and payment for any damage to, all traffic control devices provided for the event. 6. Following approval of a Special Event Permit, but ten days prior to the start date for the event, the permittee shall provide a cleanup deposit in an amount established in a cleanup fee schedule adopted by the Board of Public Works. The cleanup deposit shall be returned to the permittee after the event if the area used for the event has been cleaned and restored to the same condition as existed prior to the event, as determined by a representative of the
7 Bureau of Street Services. If the property used for the event has not been cleaned and restored to the condition that existed prior to the event, the permittee shall be billed for and required to pay the actual cost of the cleanup and restoration, and the cleanup deposit shall be applied toward the total amount of those costs. If there is a balance remaining in the cleanup deposit after the cleanup and restoration costs are paid, the balance shall be refunded to, or credited to the account of, the permittee. If the permittee disputes the amount of the charges for cleanup and restoration, the applicant may appeal to the Board of Public Works within five days after receipt of the bill. The decision of the Board on such appeals shall be final. (e) Special Events Permit Application Evaluation. Each application for a Special Events Permit shall be reviewed and evaluated by the One-Stop Special Event Permit Office, which shall make a determination to grant the permit, to impose conditions on the permit that may be granted, or to deny the permit all in accordance with this Section and Section Upon a determination that a Special Event Permit will be approved and General Liability Insurance requirements being met, a permit shall be issued by the Bureau of Street Services within one business day. Upon the issuance of a permit for a Special Event, the Bureau of Street Services shall cause the posting of the date(s), time and location of the Special Event on the internet accessible Citywide GIS map to avoid conflicting events at the same location. No insurance form or certificate other than those approved by the City Risk Manager shall be acceptable, and the evaluation of an application may be delayed until such documentation is submitted. General Liability insurance is required and shall not be waived. If a determination is made to condition or to deny the permit and that determination is contested by the applicant, the One-Stop Special Event Permit Office shall consult, as necessary and appropriate, with the affected Council District office, representatives of the Department of Public Works, Bureaus of Street Services, Street Lighting, Engineering, and Sanitation, the Police and Fire Departments, and the Departments of Building and Safety, Transportation, General Services, and Recreation and Parks as well as the Mayor's Office, the Chief Legislative Analyst, and the City Administrative Officer, in an effort to resolve the matter. The One Stop Special Event Permit Office shall conclude its consultation with those other departments and offices and make a determination regarding the application within ten City business days. If after such consultation the matter is not resolved, the Director of the Bureau of Street Services, within two business days, shall report on the matter in writing to the Board of Public Works and recommend a course of action. Copies of the Director's report shall be provided to the applicant and to the respective Council office. The Board shall agendize the matter of the Special Event Permit Application at the earliest possible time, but not more than five regular meetings following the referral by the Director, consistent with applicable notice requirements for public meetings. After considering the matter and all information that it deems necessary at that meeting, or at some subsequent meeting as determined by the Board, the Board of Public Works shall take action to grant the permit, grant the permit with conditions, or deny the permit. Any such action by the Board shall be subject to the provisions of Charter Section 245. (Amended by Ord. No. 180,881, Eff. 10/26/09.) (f) (Subsec. (f) repealed, former Subsec. (g) below relettered (f) by Ord. No. 151,482, Eff. 10/27/78.) (f) Posting of Signs. Pursuant to Section of the Vehicle Code the Board shall provide for the posting of all entrances to the street being temporarily closed signs giving notice of the local traffic laws, such signs to be reviewed and approved by the Department of Transportation. (Amended by Ord. No. 151,833, Eff. 2/10/79, Oper. 2/25/79.) (g) Indemnification Agreement. The Board is authorized and directed to require that each applicant for a street closure permit execute an agreement, in a form acceptable to the City Attorney, to indemnify and hold the City, its officers, agents and employees, harmless from any loss, cost, expense, injury, damage or liability of any kind caused by or resulting from the issuance of any permit for a street closure to that applicant. (Amended by Ord. No. 159,015, Eff. 7/5/84.) (h) Required Insurance. The Board is authorized and directed to require that each applicant for a street closure permit maintain insurance and provide evidence of such insurance in a form acceptable to the City Attorney, protecting and indemnifying the City, its officers, agents and employees as insureds against any loss, cost, expense, injury, damage or liability incurred by reason of any personal injury or property damage sustained by any person caused by or resulting from the issuance of the permit to that applicant. (Added by Ord. No. 159,015, Eff. 7/5/84.) (i) Insurance Program. The Board is authorized and directed to procure and maintain, when such is available, a blanket policy of insurance in an amount as said Board shall determine, protecting and indemnifying the applicant and the City, its officers, agents, and employees as insureds against a loss, cost, expense, injury, damage, or liability incurred by reason of any personal injury or property damage sustained by a person by or resulting from the issuance of a permit under the section when said applicant desires such coverage. The premium shall be borne by the applicant (permittee) and shall not be waived. (Amended by Ord. No. 159,015, Eff. 7/5/84.) SEC SPECIAL EVENT APPLICATION PROCESS AND DEFINITIONS. (Added by Ord. No. 180,881, Eff. 10/26/09.) (a) Definitions. For purposes of Sections and the following terms and phrases shall have the meanings set forth herein: 1. Athletic Event means an event, not involving as a primary component, Expressive Activity, as that term is defined in Section (b), in which a group of people collectively engage in a sport or form of physical exercise including, but not limited to, jogging, bicycling, walking, roller skating, or running, upon any public street, sidewalk, alley or other public place, that does not comply with normal and usual traffic regulations and controls. 2. Certified Farmers' Market shall have the same meaning as set forth in California Code of Regulations (Title III, Division 3, Chapter 1, Subchapter 4, Article 6.5, Direct Marketing) Section (a) as a location approved by the County Agricultural Commissioner of that county where agricultural products are sold by producers or certified producers directly to consumers. A Certified Farmers' Market may be operated by one or more certified producers, a non-profit organization, or a local government agency (state, county or district). For purposes of this Code, a Certified Farmers' Market shall mean the direct marketing, as that term is used in the California Code of Regulations, of agricultural products by certified producers to consumers in accordance with the applicable provisions of the California Code of Regulations.
8 3. Charitable Event means an event, or a series of related events, involving a subject matter of interest to a significant portion of the residents of the City of Los Angeles all net proceeds of which, if any, will directly benefit a charitable organization that maintains its charitable status pursuant to Internal Revenue Code Section 501(c)(3). 4. City of Los Angeles Special Event means an event, or series of related events, involving a subject matter of interest to a significant portion of the residents of the City of Los Angeles, that is also an event officially sponsored and produced or managed using City employees and resources by the City of Los Angeles, its operating departments, boards, commissions or bureaus, and which is a Special Event and a Non-Commercial Event. 5. Citywide Special Event means a Special Event involving a subject matter determined to be of interest to a significant number of City residents from three or more Council Districts, as evidenced from the active support or past attendance at the event of residents from those Council Districts. The Chief Legislative Analyst shall prepare a list of Citywide Special Events anticipated to occur during the ensuing fiscal year and submit it to the City Council for approval. The City Council may add or remove events from the list in its discretion. Events included on the list of Citywide Special Events do not thereby automatically qualify for issuance of a permit for the event. In each instance, a Special Event Permit Application, if applicable, must be filed with the Bureau of Street Services. 6. Commercial Event means an event that does not qualify as a "non-commercial" event as defined herein. 7. Community Event means an event, or a series of related events involving a subject matter of interest to a significant portion of the residents of the City of Los Angeles that promotes civic pride in the City or in a local community within the City, that is not a commercial event, all net proceeds of which, if any, will directly benefit either a charitable or non-profit organization. Community Events include Block Parties that meet these requirements. 8. Non-Commercial Event means a Special Event that is open to the public, or in the case of block parties to all residents living within the block party area, free of charge and without restriction, sponsored and produced by a charitable or non-profit organization, and from which no individual or other entity receives any proceeds, or benefits from those proceeds either directly or indirectly, other than as compensation for goods, equipment or services provided. At such events, advertising, sponsorship, and food and merchandise sales shall be permitted, provided all net proceeds, if any, from such activities are used for the benefit of a non-profit or charitable organization or of the charitable or non-profit sponsoring organization. The Sponsor(s) of Noncommercial events must comply with all legal requirements, including all applicable requirements regarding registering with the Police Commission for charitable solicitations. Non-Commercial Events include, but are not limited to, Charitable Events, Community Events and City of Los Angeles Special Events. 9. Special Event means an event, or series of related events, of cultural, civic, economic, social, recreational or educational nature, including Athletic Events, sponsored by an individual or individuals, a non-profit organization or community group, charitable organization or for-profit organization or group, that is: (1) held wholly or partially on property owned or maintained by the City; or (2) held on any other property, and that requires for its successful execution, the partial or complete closure of streets or sidewalks or the provision and coordination of municipal services to a degree over and above the level that the City normally provides. Special Events also include any other organized activity that involves the use of, or has a direct or indirect impact on, public property or facilities or that can reasonably be foreseen to have such an impact on, or to require a higher level of, public safety services or other municipal services, including advance planning services, than that normally provided by the City. The Police Department shall remain the permitting entity for Parades and Assemblies, as defined in Section (b) of this Code. The City may contract for permit application coordination services for City-issued permits for entertainment industry-related Special Events, such as motion picture filming, television filming and photography. The City's contractor, and not the One-Stop Special Events Permit Office, will coordinate the processing of permit applications for permits the City issues for those types of events. In addition, the receipt, evaluation, processing and approval of City permits for those types of events shall be the responsibility of the City Council or of the City department or office to which the Council, by order, resolution or ordinance has delegated, or in the future may delegate, such authority, as provided in Sections , and following, of the Los Angeles Administrative Code and in Section A.13. of this Code. 10. Sponsor means the person(s) or entity that assumes or is charged with the responsibility for, as well as the act of, producing or managing a Special Event. The Sponsor may or may not be financially responsible for the event and may or may not be responsible for conducting or carrying out the activities of the event. For purposes of this definition, a person or entity that provides only financial or in-kind support for a Special Event and has no responsibility for producing or managing the event is not a Sponsor. The terms "sponsors", "sponsored" and similar variations shall be given a meaning consistent with this definition. (b) Special Events Coordination. 1. All Parade and Assembly Permit Applications shall be submitted to the Los Angeles Police Department in accordance with applicable provisions of this Code. The Police Department shall coordinate evaluation and review of those applications, including any requests for Special Event Fee Subsidies, with the One-Stop Special Events Permit Office as necessary. 2. The City may contract for permit application coordination services for City-issued permits for entertainment industry-related Special Events, such as motion picture filming, television filming and photography. The City's contractor, and not the One-Stop Special Events Permit Office, will coordinate the processing of permit applications for permits the City issues for those types of events. In addition, the receipt, evaluation, processing and approval of City permits for those types of events shall be the responsibility of the City Council or of the City department or office to which the Council, by order, resolution or ordinance has delegated, or in the future may delegate, such authority, as provided in Sections , and following, of the Los Angeles Administrative Code and in Section A.13. of this Code. (c) Events at Major Sports and Entertainment Venues. The types and levels of municipal services provided for events at major venues, including but
9 not limited to, the Staples Center, Coliseum, Dodger Stadium, Sports Arena, Hollywood Bowl, Greek Theatre and Kodak Theatre, and for major awards shows and other similar events, shall be determined and provided solely within the discretion of the City. Applicable fees and charges, including salary costs, for all such services, equipment and materials shall not be subsidized or waived unless otherwise provided by contract. If the City determines, in its own discretion, that traffic control measures or other services are not needed at particular venues or for specific events, the City will not provide those services. Should a venue or event Sponsor wish to ensure that certain types and levels of services will be provided for purposes of an event, the venue or event Sponsor will be required to negotiate a contract with the City to clearly define the types and levels of services requested, and to provide for payment for all services beyond the normal level of services which the City in its sole discretion would have provided to meet public safety and welfare needs. The Sponsor of any event that involves the use of, or has a direct or indirect impact on, public property or facilities, or that can reasonably be foreseen to have such an impact on or to require a higher level of public safety services or other municipal services, including advance planning services, than that normally provided by the City, shall be responsible for obtaining all required permits and for payment of the costs, including all fees, charges and salary costs, for all such services. (d) Tracking Special Event Expenditures. The Bureau of Street Services shall track all funds expended for Special Events by all City departments by Special Event. All City departments that incur costs and expenses for Special Events shall report on those costs and expenses on a quarterly basis to the Bureau of Street Services. The Bureau of Street Services shall report to the Board of Public Works and the City Council regarding all such expenditures within forty-give (45) days after the end of each calendar quarter. (e) City Equipment Cost Recovery. In all instances, Special Event permittees shall pay the City for the repair or replacement costs, as determined by the Bureau of Street Services, for traffic control devices or equipment provided for an event and not returned within 24 hours of the event, or returned in a damaged condition, excluding reasonable wear and tear. All payments for damaged or lost equipment shall be made in a manner as determined by the Bureau of Street Services, which may, and in the case of block parties shall, include a requirement for a refundable deposit. SEC CUTTING INTO GASOLINE LINES PROHIBITED. (Added by Ord. No. 152,435,* Eff. 5/30/79.) (a) No person shall, for the purpose of obtaining gasoline, join any line, consisting of one or more motor vehicles which are assembled at or approaching a gasoline service station or other gasoline dispensing facility for the apparent purpose of obtaining gasoline, except by joining said line behind the last person or vehicle in the line. This prohibition shall not apply to any person who is obtaining gasoline in a hand-carried container of two (2) gallons or less and who approaches the gasoline service station or other gasoline dispensing facility other than in or on a motor vehicle. A violation of this subsection is a misdemeanor and upon conviction is punishable by a fine not exceeding One Thousand Dollars ($1,000) or by imprisonment in the county jail for not to exceed six (6) months or by both such fine and imprisonment. (Amended by Ord. No. 160,063, Eff. 7/28/85.) (b) For purposes of this section, the term gasoline shall include any petroleum product used as a fuel for internal combustion engines. (c) Every person who owns, operates, manages, leases or rents a gasoline station or other facility offering for sale, selling or otherwise dispensing gasoline to the public shall continue to have available on such premises, upon having received from the City an initial supply, witness forms, prepared by the Chief of Police and subject to the approval of the City Attorney, obtainable from the City, to be completed by witnesses to a violation of this section. A violation of this subsection is an infraction punishable by a fine not exceeding twenty dollars ($20). * This ordinance will be effective only as long as the Governor of the State of California s proclamation of May 8, 1979, declaring a state of emergency in Los Angeles County because of the gasoline shortage remains in effect. SEC LOITERING RIVER BED. No person shall camp, lodge, make or kindle a fire, wash any clothes or bedding, bathe, sleep, lay any bed or any blanket, quilt, straw or branches for the purpose of resting or sleeping thereon, or remain or loiter in the official bed of the Los Angeles River. SEC TRESPASS ON HOUSING AUTHORITY PROPERTY. (Amended by Ord. No. 174,977, Eff. 12/29/02.) 1. Definitions. For purposes of this Section: (a) Housing Authority means the Housing Authority of the City of Los Angeles, its authorized agent or representative. (b) Occupant means a person who is listed on a lease with the Housing Authority for the particular Development in which the Housing Authority or a peace officer makes contact with a Nonresident. (c) Nonresident means a person who is not an Occupant. Nonresident does not include individuals who are on the Development to carry out constitutionally protected activities or governmental duties or are participating in programs authorized by the Housing Authority; or are on public property owned by the City of Los Angeles within the Development.
10 (d) Development means any Housing Authority property used primarily for residential purposes. (e) Authorization means permission for a Nonresident to enter a Development which is given either by (i) an Occupant of that Development who is 18 years or older, identifies the authorizing party and unit number and is specific for each entry into the Development in which the Occupant is listed on the lease; or (ii) the Housing Authority in written form. Authorization from an occupant allows a Nonresident to be present only in the following areas: The Occupant s unit, common areas in the building containing the unit, access to parking for the unit, and a direct route to and from the building where the tenant s unit is located. The preceding area limitation shall not apply if, in addition to the Authorization, the Nonresident is accompanied by an Occupant. Authorization must be given prior to the time the Housing Authority or peace officer makes contact with a Nonresident. 2. Entry into Developments. A Nonresident shall not enter or be present upon any Development without Authorization, where signs forbidding such entry are displayed as provided in Subsection 3. in a conspicuous and readable manner in the Development. (Amended by Ord. No. 175,716, Eff. 1/31/04.) 3. Posting of No Trespass Signs. At least two signs shall be conspicuously painted or posted on the outside of every Housing Authority building that is subject to this regulation. The letters and numbers on said signs shall be in black lettering at least six inches high on a white background stating: NO TRESPASSING L.A.M.C. SEC (Amended by Ord. No. 175,716, Eff. 1/31/04.) 4. Entry requiring Authorization from the Housing Authority. (a) Entry into a vacant or unrented unit. Without obtaining prior Authorization from the Housing Authority, no person shall enter or be present in a vacant or unrented housing unit located in the Development; and no person shall provide access by any means, including but not limited to, keys, keycards or combinations to a vacant or unrented housing unit located in the Development. Prior Authorization from the Housing Authority may be obtained from the Development manager or designee. (b) Entry by a Nonresident convicted of a crime committed in any Development. Even with Authorization from an Occupant, a Nonresident shall not enter or be present in the Development without the Authorization of the Housing Authority when, within the past five years, that Nonresident has been convicted of any violation of the law involving narcotics, prostitution, vandalism, weapons, disturbance of the peace, loitering, threat to commit a violent act, or a violent act, in any Development. 5. (None.) 6. Violations. (a) A violation of any of the provisions of this section shall be a misdemeanor or an infraction. (b) If any part or provision of this section, or the application thereof to any person or circumstance, is held invalid, the remainder of the section, including the application of that part or provision to other persons or circumstances, shall not be effected thereby and shall continue in full force and effect. To this end, the provisions of this section are severable. SEC TRESPASS ON PRIVATE PROPERTY. (Added by Ord. No. 168,500, Eff. 2/4/93.) (a) No person shall enter or be present upon any private property or portion of private property not open to the general public without the consent of the owner, the owner s agent, or the person in lawful possession, where signs forbidding entry are displayed as provided in Subsection (f). (b) No person shall enter upon any private property or portion of private property, not open to the general public, who within the immediately preceding six months was advised as follows: to leave and not return, and that if he or she returns to the property within six months of the advisement he or she will be subject to arrest. This advisement must be made by the owner, the owner s agent, the person in lawful possession or a peace officer at the request of the owner, owner s agent or person in lawful possession. The advisement shall be documented in writing by the individual making it and shall include the name of the person advised, the date, approximate time, address and type of property involved. Such documentation shall be retained for a minimum period of one year. This subsection is not violated if a person so advised enters the property within the designated six month period, if he or she has been expressly authorized to do so by the owner, the owner s agent or a person in lawful possession. (c) Entry requiring Express Consent of Owner. 1. No person shall enter or be present upon private property not open to the general public without the express consent of the owner or the owner s agent when that person: A. has been convicted of any violation of the law involving narcotics, prostitution, vandalism, weapons, disturbance of the peace, loitering, threat to commit a violent act, or a violent act, on that same private property not open to the general public, whether or not such property is posted in accordance with Subsection (f); and
11 B. has, subsequent to the conviction been told to leave and not return to that same property, by the owner, the owner s agent or a peace officer at the request of the owner or the owner s agent. 2. The request to leave must be made within six months of the date of the conviction and shall be documented in writing by the individual making the request. The documentation of the request shall include the name of the person being requested to leave, the date, the approximate time, the address and the type of property involved. 3. This subsection applies even if the person has the consent of a person in lawful possession but does not apply to persons who have a right of lawful possession to the subject property. An individual who has the consent of the person in lawful possession may not be refused entry by the owner or the owner s agent for a period exceeding twelve months, computed from the date of the request. (d) No person shall enter or be present upon any private property or portion of private property open to the general public who within the immediately preceding 24 hours was advised to leave and not return, and that if he or she returns to the property within 24 hours of the advisement, he or she will be subject to arrest. This advisement must be made by the owner, the owner s agent, the person in lawful possession or a peace officer at the request of the owner, owner s agent or the person in lawful possession. A request to leave may be made only if it is rationally related to the services performed or the facilities provided. (e) The term private property shall mean any real property, including but not limited to, buildings, structures, yards, open spaces, walkways, courtyards, driveways, carports, parking areas and vacant lots, except land which is used exclusively for agricultural purposes, owned by any person or legal entity other than property owned or lawfully possessed by any governmental entity or agency. (f) For purposes of Subsection (a), one sign must be printed or posted in a conspicuous manner at every walkway and driveway entering any enclosed property or portion thereof and at a minimum of every fifty feet along the boundary of any unenclosed lot. This requirement is met if at least one sign is conspicuously printed or posted on the outside of every structure on such property, so as to be readable from each walkway and driveway entering such property. The sign shall state as follows: THIS PROPERTY CLOSED TO THE PUBLIC No Entry Without Permission L.A.M.C. SEC The language THIS PROPERTY CLOSED TO THE PUBLIC No Entry Without Permission on said sign shall be at least two inches high. (g) When a peace officer s assistance in dealing with a trespass is requested, the owner, owner s agent, or the person in lawful possession shall make a separate request to the peace officer on each occasion. However, a single request for a peace officer s assistance may be made to cover a limited period of time not to exceed twelve months when such request is made in writing and provides the specific dates of the authorization period. (h) This section shall not apply in any of the following instances: (1) when its application results in, or is coupled with, any act prohibited by the Unruh Civil Rights Act, or any other provision of law relating to prohibited discrimination against any person; (2) when its application results in, or is coupled with, an act prohibited by Section 365 of the California Penal Code, or any other provision of law relating to the duties of innkeepers; (3) when public officers or employees are acting within the course and scope of their employment or in the performance of their official duties; or (4) when persons are engaging in activities protected by the United States Constitution or the California Constitution or when persons are engaging in acts which are expressly required or permitted by any provision of law. (i) Violation of any of the provisions of this section shall be a misdemeanor or an infraction. (j) If any part or provision of this section, or the application thereof to any person or circumstance, is held invalid, the remainder of the section, including the application of that part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this section are severable. SEC INTOXICATION. (a) (b) (c) (None) (None) No person shall drink any malt, spirituous or vinous liquor containing more than one-half of one per cent of alcohol by volume, upon any street,
12 sidewalk or parkway, park, playground, Los Angeles Memorial Coliseum, or in any railroad depot or bus station, or in any public place, or in any place open to the patronage of the public, which premises are not licensed for the consumption of such liquor on the premises. (d) No person who has in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, shall enter, be, or remain on the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code of the State of California, or on any public sidewalk immediately adjacent to the licensed and posted premises. Any person violating any provision of this subsection shall be guilty of an infraction. (Added by Ord. No. 158,498, Eff. 12/31/83.) (e) All retail package off-sale alcoholic beverage licensees licensed pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code of the State of California shall install and maintain signs on the licensed premises, clearly visible to the patrons of the licensee and to persons in or on any parking lot or public sidewalk immediately adjacent to the licensed premises, which notify all such persons that the provisions of Subsection (d) of this section are applicable. Any licensee violating any provision of this subsection shall be guilty of an infraction. (Added by Ord. No. 158,498, Eff. 12/31/83.) (f) As used in Subsections (d) and (g) of this section, posted premises means those premises which are subject to licensure under any retail package off-sale alcoholic beverage license, the parking lot immediately adjacent to the licensed premises, and any public sidewalk immediately adjacent to the licensed premises on which clearly visible notices have placed pursuant to the provisions of Subsection (e) of this section. (Added by Ord. No. 158,498, Eff. 12/31/83.) (g) The provisions of Subsections (d) and (e) of this section shall not apply to a private residential parking lot which is immediately adjacent to the posted premises. (Added by Ord. No. 158,498, Eff. 12/31/83.) (h) No person shall have in his or her possession, with intent to consume any part of the contents thereof in any public place not licensed for the consumption thereof, any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, upon any street, sidewalk or parkway, park, playground, Los Angeles Memorial Coliseum, or any railroad depot or bus station, or in any public place, or in any place open to the patronage of the public, which premises are not licensed for the consumption of such alcoholic beverage on the premises. Any person violating any provision of this subsection shall be guilty of an infraction. (Amended by Ord. No. 160,458, Eff. 11/28/85.)* * Note: Section 41.27(h) was declared unconstitutional in People v. Duran, 43 Cal. App. 4th Supp.1. SEC HAND ORGANS ON STREETS. No person shall operate or play any hand organ or hurdy-gurdy in, upon or along any street or sidewalk. SEC SPITE FENCES. No person shall maliciously construct, erect, build, plant, cultivate or maintain any fence or wall or any hedge or similar growth unnecessarily exceeding six (6) feet in height, for the purpose of annoying the owners or occupants of adjoining property. Malice must be shown to sustain a conviction of constructing or maintaining a spite fence. People v. Hughes, CR A 167. (See also as to fences: Comprehensive Zoning Plan.) SEC TREES INJURY TO. (a) No person shall dump, pour or spill any oil, salt or salt water or other deleterious matter upon any tree space in any street, or keep or maintain upon any sidewalk within ten (10) feet of any such tree or tree space on any street, any receptacle from which oil or salt water leaks or drips, or pour oil or salt water onto any parking or concrete gutter so as to injure any tree on any street. (b) Trees Piling Material On: No person shall pile building material or other material, about any tree, plant or shrub in a street in any manner that will in any way injure such tree, plant or shrub. SEC THEATRES SOUND AMPLIFIERS. No person shall use, operate or employ any sound amplifying system in connection with or in conjunction with or as a part of the production, staging, exhibition or projection of any show in such a manner that any voice, tone, sound wave, musical tone or vibration emitted therefrom or transmitted thereover or through the same is carried in tones or sounds audible to the human ear to a point distant more than fifty (50) feet from the property line where such show is being conducted. Provided, that where any such show is being conducted within any enclosure or structure, the exterior of such structure or enclosure shall be construed to mean the property line of the premises where the same is being conducted, for the purpose of this section.
13 SEC LANDLORDS DISTURBING TENANTS. No person, except a duly authorized officer pursuant to the authority of legal process, shall interfere with the peaceful enjoyment, use, possession or occupancy of any premises by the lawful lessee or tenant of such premises either by threat, fraud, intimidation, coercion, duress, or by the maintenance or toleration of a public nuisance, or by cutting off heat, light, water, fuel or free communication by anyone by mail, telephone or otherwise, or by restricting trade or tradesmen from or to any such tenant. People v. Beverly Oil Company, CR A Acts committed by co-defendant, who was president and agent of the corporation and was found not guilty; hence conviction against defendant principal reversed. SEC PESTICIDES NOTICE TO TENANTS. (Added by Ord. No. 161,580, Eff. 9/12/86.) (a) If pesticides are to be used on apartments, duplexes or other multi-family dwellings, then notice shall be provided to the tenant of the premises for which the work is to be done. The clear written notice shall contain the following statements and information using words with common and everyday meaning: 1. The pest to be controlled. 2. The pesticide or pesticides proposed to be used, and the active ingredient or ingredients. 3. City law requires that you be given the following information: CAUTION PESTICIDES ARE TOXIC CHEMICALS. Structural Pest Control Operators are licensed and regulated by the Structural Pest Control Board, and apply pesticides which are registered and approved for use by California Department of Food and Agriculture and the United States Environmental Protection Agency. Registration is granted when the state finds that based on existing scientific evidence there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized. If within 24 hours following application you experience symptoms similar to common seasonal illness comparable to the flu, contact your physician or poison control center (telephone number) and your pest control operator immediately. (This statement shall be modified to include any other symptoms of overexposure which are not typical of influenza.) For further information, contact any of the following: Your Pest Control Operator (telephone number); for Health Questions the County Health Department (telephone number); for Application Information the County Agricultural Commissioner (telephone number) and for Regulatory Information the Structural Pest Control Board (telephone number and address). (b) In the case of fumigation applications, the notice, as prescribed by Subsection (a), shall be provided at least 48 hours prior to application unless fumigation follows inspection by less than 48 hours. In the case of general pest or termite applications, the notice, as prescribed by Subsection (a), shall be provided no later than prior to application. In either case, the notice shall be given to the tenant in at least one of the following ways: 1. First-class mail. 2. Posting in a conspicuous place on the real property. 3. Personal delivery. The notice shall only be required to be provided at the time of the initial treatment if a contract for periodic service has been executed. If the pesticide to be used is changed, another notice shall be required to be provided in the manner previously set forth herein. (c) The owner of the premises shall give or cause to be given the notice as prescribed in Subsection (a) of this section. If a structural pest control operator, field representative or employee provides a notice pursuant to California Business and Professions Code Section 8538, then the owner is not required to provide the notice to the tenant as prescribed by Subsection (a) of this section. (d) Any person who violates any provision of this section is guilty of a misdemeanor. SEC USE OF CERTAIN SIGNS ON VEHICLES PROHIBITED.
14 No person shall drive any vehicle of any kind on any public street which has placed thereon or affixed thereto any sign, plate or other fixed objects which contains the words Police, Police Department, L.A. Police Department or Department of Police, or letters L.A.P.D. Press, or any other words or letters or group of words or letters of like or similar character or nature, unless such vehicle is owned and operated by a regularly organized department of police of a body politic, or such vehicle which though privately owned, is used by a duly authorized officer or employee of a department of police of a body politic in the performance of his duties. SEC STOWAWAYS ENTRY A MISDEMEANOR. 1. Any person who enters the City of Los Angeles as a stowaway on any ship or who lands in this city after having arrived herein as a stowaway, whether his presence aboard was discovered prior to such entry or not; and 2. Any person who embarks as a stowaway on any ship destined for a port outside the City of Los Angeles; and 3. Any person who harbors, conceals or who knowingly assists any stowaway in avoiding detection upon any ship within this city; or who aids any person in embarking or attempting to embark as a stowaway; and 4. Any person who enters this city as a stowaway on any aircraft or who boards any such craft in this city as a stowaway, is guilty of a misdemeanor and is punishable as provided in Section of this Code. SEC NOISE DUE TO CONSTRUCTION, EXCAVATION WORK WHEN PROHIBITED. (a) No person shall, between the hours of 9:00 P.M. and 7:00 A.M. of the following day, perform any construction or repair work of any kind upon, or any excavating for, any building or structure, where any of the foregoing entails the use of any power driven drill, riveting machine excavator or any other machine, tool, device or equipment which makes loud noises to the disturbance of persons occupying sleeping quarters in any dwelling hotel or apartment or other place of residence. In addition, the operation, repair or servicing of construction equipment and the job-site delivering of construction materials in such areas shall be prohibited during the hours herein specified. Any person who knowingly and wilfully violates the foregoing provision shall be deemed guilty of a misdemeanor punishable as elsewhere provided in this Code. (Amended by Ord. No. 158,587, Eff. 1/29/84.) (b) The provisions of Subsection (a) shall not apply to any person who performs the construction, repair or excavation work involved pursuant to the express written permission of the Board of Police Commissioners through its Executive Director. The Executive Director, on behalf of the Board, may grant this permission, upon application in writing, where the work proposed to be done is in the public interest, or where hardship or injustice, or unreasonable delay would result from its interruption during the hours mentioned above, or where the building or structure involved is devoted or intended to be devoted to a use immediately related to public defense. The provisions of this section shall not in any event apply to construction, repair or excavation work done within any district zoned for manufacturing or industrial uses under the provisions of Chapter I of this Code, nor to emergency work necessitated by any flood, fire or other catastrophe. (Amended by Ord. No. 178,160, Eff. 2/12/07.) (c) (Amended by Ord. No. 166,170, Eff. 9/29/90.) No person, other than an individual homeowner engaged in the repair or construction of his singlefamily dwelling shall perform any construction or repair work of any kind upon, or any earth grading for, any building or structure located on land developed with residential buildings under the provisions of Chapter I of this Code, or perform such work within 500 feet of land so occupied, before 8:00 a.m. or after 6:00 p.m. on any Saturday or national holiday nor at any time on any Sunday. In addition, the operation, repair or servicing of construction equipment and the job-site delivering of construction materials in such areas shall be prohibited on Saturdays and on Sundays during the hours herein specified. The provisions of this subsection shall not apply to persons engaged in the emergency repair of: 1. Any building or structure. 2. Earth supporting or endangering any building or structure. 3. Any public utility. 4. Any public way or adjacent earth. (d) The provisions of Subsection (c) shall not apply to construction work done on the Metro Rail Project and the tunnel-station portions of the Los Angeles-Long Beach Rail Project between Sixth to Twelfth Streets, provided however that this construction work shall not include the utilization of soldier pile drilling, vibrating hammer driving, blasting, or any construction activities that will exceed the ambient noise levels as provided in the action of the Police Commission, pursuant to Subsection (b) above, granting a variance for this work. In addition, this construction work will be subject to all the conditions of the conditional variance granted by the Board through its Executive Director. This section shall have no force or effect upon completion of the construction work described here. (Amended by Ord. No. 178,160, Eff. 2/12/07.) (e) The provisions of this section shall not apply to construction work done by CALTRANS to repair the collapsed sections of the Santa Monica Freeway within a one mile radius of the intersection of Interstate 10 and Fairfax Avenue. This section shall have no force and effect upon completion of the construction work herein described. (Added by Ord. No. 169,669, Eff. 5/13/94.)
15 (f) The provisions of this section shall not apply to construction work done by the County of Los Angeles in connection with Phases 2 and 3 of Unit 5 of the Hollyhills Storm Drain Project, including the installation of temporary bridges and any other structures necessary to regulate or direct traffic because of the storm drain construction. Unit 5 construction is within the area bounded by Beverly Boulevard, 3rd Street, La Cienega Boulevard and San Vicente Boulevard. Phases 2 and 3 involve several underground concrete structures to be built in and around the intersection of La Cienega and San Vicente Boulevards. This section shall have no force and effect upon completion of the construction work herein specified. (Added by Ord. No. 172, 091, Eff. 7/3/98.) (g) The provisions of Subsection (c) shall not apply to construction work undertaken from March 31, 2000 to August 20, 2000 that must be done prior to the Democratic National Convention, provided however that such construction work will be subject to all conditions established by the Los Angeles Police Department Noise Enforcement Team, in 1) the downtown area bounded by Union Street on the west, Washington on the south, San Pedro on the east, and 101 Freeway on the North, including but not limited to work undertaken in compliance with construction permits issued by the Bureau of Engineering, water line improvements/installation, sewer construction, fiber optic installation, and street paving or is associated with the Convention such as installation and removal of security barriers and fencing and 2) the Windward Plaza area of Venice Beach, between 18th Place and Horizon Avenue from the western border of Ocean Front Walk to the beach, for the Venice Beach Ocean Front Walk Refurbishment Project under the direction of the City of Los Angeles Department of Recreation and Parks Department. This section shall have no force and effect after August 20, (Added by Ord. No. 173,154, Eff. 4/30/00.) (h) The provisions of Subsection (c) shall not apply to the construction work done by the City of Los Angeles in connection with the portion of the Stone- Hollywood Trunk Line from Stone Canyon Reservoir service area to the Hollywood Reservoir service area as part of the Hollywood Water Quality Improvement Project undertaken on Pico Boulevard, including all structures and operations necessary for construction and/or to regulate or direct traffic due to construction activities. This section shall have no force and effect upon completion of the construction work herein specified. (Added by Ord. No. 173,746, Eff. 1/23/01.) [(i) None.] (j) As determined by the Executive Director of the Board, the provisions of Subsection (c) shall not apply to major public works construction by the City of Los Angeles and its proprietary Departments, including all structures and operations necessary to regulate or direct traffic due to construction activities. The Board, through its Executive Director, pursuant to Subsection (b) will grant a variance for this work and construction activities will be subject to all conditions of the variance as granted. Concurrent with the request for a variance, the City Department that will conduct the construction work will notify each affected Council district office and established Neighborhood Council of projects where proposed Sunday and/or Holiday work will occur. (Amended by Ord. No. 178,160, Eff. 2/12/07.) (k) Noise Variance Application Fee. Any application to the Board for a noise variance under Subsection (b) shall be accompanied by payment of an application fee of $ (Added by Ord. No. 181,338, Eff. 11/13/10.) SEC EVADING PAYMENT OF ADMISSION FEE. No person, with intent gratuitously to avail himself of the entertainment or recreation furnished or the privileges conferred therein, shall enter any theatre, stadium, athletic club, ball park, golf course, golf club, tennis club, beach club, bathing beach or other place of amusement, entertainment or recreation for admission to which an admission fee or membership fee is charged, without first paying such admission fee or membership fee; provided, however, that any person who is a bona fide guest of a member of any club may enter such club in accordance with the rules thereof; and provided further that any person may enter any place which is within the purview of this section with the consent of the owner or manager thereof; and provided further that this section shall not be deemed to apply to the entry into any such place by a law enforcement officer acting within the scope and course of his official duties. SEC MUSIC REPRODUCING DEVICES HOURS OF OPERATION. No owner, manager or other person having charge of any place of public resort where any phonographic, loud speaker or other electrically or mechanically operated device for the reproduction or emission of music is played for hire, shall allow the playing or operation of such device therein, between the hours of 2:00 o clock A.M. and 5:00 o clock A.M. of any day. (Added by Ord. No. 111,348, Eff. 7/4/58.) SEC SELLING GOODS NEAR PRIVATE PARKS. No person shall expose, sell or offer for sale, any goods, wares or merchandise of any kind whatsoever in, upon or along any street or sidewalk, within 200 feet of any entrance to any private or amusement park. (Added by Ord. No. 111,348, Eff. 7/4/58.) SEC DOOR TO DOOR SELLING OR SOLICITING. (Amended by Ord. No. 181,642, Eff. 5/31/11.) No person shall solicit, sell or offer to sell, demonstrate or take orders for the sale of goods, wares or any form of merchandise, by entering upon the premises of another for such purpose except in compliance with the provisions of this Section. (a) "Solicitation". As used in this Section, shall mean to sell or offer to sell, demonstrate or take orders for the sale of goods, wares or any form of merchandise or services.
16 (b) No person shall enter upon the premises of another for the purpose of solicitation between the hours of 8:00 p.m. and 8:00 a.m. of the following day. (c) Any person over the age of 16 who engages in door-to-door solicitations shall carry a form of photo identification and must present such photo identification upon request of any person being solicited, any peace officer or other person charged with enforcement of the laws pertaining to such solicitations. The photo identification must include the person's date of birth and be issued by a governmental agency or educational institution. Acceptable identification includes a state driver's license, state identification card, school identification card, or any government issued identification card. (d) Any person engaged in door-to-door solicitations shall present the original or a copy of the Business Tax Registration Certificate required under Los Angeles Municipal Code Section upon request of any person being solicited, any peace officer, or other person charged with enforcement of the laws pertaining to such solicitations. (e) The provisions of this Section shall not apply to vendors or solicitors who have previously been invited or requested to appear at such premises by the owner or lawful occupant thereof, or to persons making charitable solicitations in accordance with Article 4 of Chapter IV of the Los Angeles Municipal Code. SEC MINIATURE GOLF COURSES AND DRIVING FAIRWAYS. (Added by Ord. No. 111,348, Eff. 7/4/58.) (a) Hours of Play. No person owning, operating, managing or conducting a miniature golf course or driving fairway shall allow any person to play or practice upon such miniature golf course between the hours of 2:00 o clock A.M. and 6:00 o clock A.M. of any day. (b) Hours for Use of Mechanical Devices. No person owning, operating, managing or conducting a miniature golf course or driving fairway shall allow any work or labor with instruments or mechanical devices which are propelled by electric, steam or automotive power, to be performed upon such miniature golf course or driving fairway between the hours of 12:30 o clock A.M. and 7:00 o clock A.M. of any day. (c) Noise Signs. Persons owning, operating, managing or conducting a miniature golf course shall place in a conspicuous place on said golf course, at least four signs upon which are written in legible English, in letters at least two inches in height, words or phrases requesting patrons to refrain from loud talking and unnecessary noise at all times while on the golf course. Such signs shall be placed where they can easily be seen by the patrons. (d) Illumination. 1. The playing field of a miniature golf course or driving fairway shall not be illuminated between the hours of 2:00 o clock A.M. and 6:00 o clock A.M. of any day, except with such illumination as may be necessary only for the proper care and cleaning of such places. 2. The illumination of the playing field of any miniature golf course or driving fairway shall be such that no direct rays from the reflector or source of illumination shall fall upon any portion of any building used for living or sleeping quarters not under the ownership or control of the owner or operator of such golf course. 3. Where electric lamps are used there shall be installed a reflector of a type that shall not permit any portion of the lamp to project beyond the plane of the opening of the reflector, if the golf course or driving fairway is located less than 400 feet from any structure used for dwelling purposes. 4. The provisions of this section shall not apply to festoons or similar lights, streamers or assemblies used for advertising or attracting attention to such golf courses, provided that the lamps used therein do not exceed 25 watts each and are extinguished between the hours of 11:00 o clock P.M. and 7:00 o clock A.M. of the following day. (e) Sound Devices. No person shall use, operate or employ any sound amplifying system, radio or sound producing machine, device or instrument or permit any music of any kind to be played in or upon any miniature golf course or driving fairway between the hours of 10:00 o clock P.M. of any day and 7:00 o clock A.M. of the succeeding day. SEC UNAUTHORIZED REMOVAL, USE OR POSSESSION OF SHOPPING CARTS. (Amended by Ord. No. 129,180, Eff. 1/30/65.) (a) Removal. No person shall remove any shopping cart, shopping basket or other similar device from the premises or parking area of any business establishment if such shopping cart, basket or device has permanently affixed to it a sign identifying it as belonging to such business establishment and a notification to the effect that such cart, basket or device is not to be removed from the owner s premises. The provisions of this subsection shall not apply to removal by the owner or his agent or an employee of the business, nor to removal by a customer of the business possessing the written consent of its owner manager or authorized agent. (b) Abandonment. No person shall abandon or leave any such shopping cart, shopping basket or other similar device which has been removed from the owner s premises upon any public street, alley, sidewalk, parkway or other public place, nor upon any private property except that of the owner of such cart, basket or device.
17 (c) Possession. No person shall have in his possession any shopping cart, shopping basket or other similar device which has been removed from the owners premises and which has permanently affixed to it a sign identifying it as belonging to a business establishment and notification to the effect that such cart, basket or device is not to be removed from the owners premises. The provisions of this subsection shall not apply to possession by the owner or his agent or an employee of the business nor to possession by a customer of the business possessing the written consent of its owner, manager or authorized agent. (d) Use. No person shall use any shopping cart, shopping basket or other similar device for any purpose other than that originally intended by such business without the owner s written consent. (e) Alteration. No person shall alter, convert or tamper with any shopping cart, shopping basket or other similar device or remove any part thereof without the owner s written consent. (f) Notice. Each business establishment owning such shopping cart, shopping basket or other similar device shall place at each of its exits a sign notifying its customers and the general public of the aforesaid prohibitions. Such notification shall be placed in such a position and be of sufficient size and legibility so as to insure that persons leaving such places of business shall be fully informed of the prohibitory provisions contained in this section. (g) Fine. Notwithstanding any other provisions of this Code to the contrary the violation of any of the provisions or the failure to comply with any of the mandatory requirements of this section shall be punishable only by a fine of not more than $ SEC SIDEWALKS CLEANING OF. (Added by Ord. No. 127,508, Eff. 6/29/64.) No person shall fail, refuse or neglect to keep the sidewalk in front of his house, place of business or premises in a clean and wholesome condition. SEC WATER CLOSETS USE OF. (Added by Ord. No. 127,508, Eff. 6/29/64.) No person owning, controlling or having charge of any bathroom or water closet room shall permit any person to use such rooms for any purpose other than toilet purposes. SEC RESTROOM FACILITIES. (Added by Ord. No. 163,811, Eff. 8/19/88.) A. For public accommodations or facilities: If restroom facilities are made available for the public, clients, or employees, no person owning, controlling, or having charge of such accommodation or facility shall prohibit or prevent the use of such restroom facilities by a person with a physical handicap, regardless of whether that person is a customer, client, employee, or paid entrant to the accommodation or facility. Employee restrooms need not be made available if there are other restroom facilities available on the premises unless employee restroom facilities have been constructed or altered to accommodate the physically handicapped and such facilities are not available elsewhere on the premises. B. The following definitions are applicable to this section: 1. A person with a physical handicap includes: a) an individual who has an impairment, either permanent or temporary in nature, as follows: 1) Impairments that affect ambulation due to cerebral palsy, poliomyelitis, spinal cord injury, amputation, arthritis, cardiac and pulmonary conditions and other conditions or diseases which reduce mobility, including aging; 2) Impairments that require the use of crutches, canes, wheelchairs, braces, walkers, or other ambulatory assistive devices. 3) Total blindness or impairments affecting sight to the extent that the individual functioning in public areas may be insecure or exposed to danger; and 4) Deafness or hearing impairments that may expose an individual to danger or insecurity. b) an individual who requests the use of the restroom facilities and states that because of a physical infirmity he or she requires immediate access to restroom facilities. 2. Public accommodation or facility means a building, structure, facility, complex, or improved area that is used by the general public and shall
18 include those accommodations and facilities listed in Sections and of the Health and Safety Code. C. Nothing in this section requires the making of structural alterations, repairs, remodels, modifications, or additions not otherwise required by applicable local, state and/or federal law. SEC URINATING OR DEFECATING IN PUBLIC. (Added by Ord. No. 175,626, Eff. 12/16/03.) No person shall urinate or defecate in or upon any public street, sidewalk, alley, plaza, beach, park, public building or other publicly maintained facility or place, or in any place open to the public or exposed to public view, except when using a urinal, toilet or commode located in a restroom, or when using a portable or temporary toilet or other facility designed for the sanitary disposal of human waste and which is enclosed from public view. SEC RESTAURANTS MINIMUM LIGHT INTENSITY. (Added by Ord. No. 127,508, Eff. 6/29/64.) All restaurants, eating establishments, rooms or portions of rooms in which food, beverages or drinks are sold, offered for sale or given away, and every portion of such places available for use of the patrons thereof, shall be well-lighted on a plane of 36 inches from the floor, with a minimum light intensity of not less than one-foot-candle. SEC HOTEL REGISTERS AND ROOM RENTALS. (Amended by Ord. No. 179,533, Eff. 3/8/08.) 1. Definitions. For purposes of this section: Guest means a person who exercises occupancy or is entitled to occupancy in a hotel by reason of concession, permit, right of access, license or other agreement. Hotel means any public or private space or structure, including but not limited to, any inn, hostelry, tourist home, motel, lodging house or motel rooming house offering space for sleeping or overnight accommodations in exchange for rent and for a period of less than 30 days. Hotel includes the parking lot and other common areas of the hotel. Hotel does not include living accommodations provided at any governmental or nonprofit institution in connection with the functions of that institution. Housing Voucher means a voucher, certificate or coupon for lodging issued individually or jointly by any of the following, or an agency or authority of any one or more of the following: (1) the federal government; (2) the State of California or another state; (3) a county; (4) a municipality; or (5) a non-profit entity that issues vouchers, certificates or coupons for lodging to homeless individuals or families. Identification document means a document that contains the name, date of birth, description and picture of a person, issued by the federal government, the State of California, another state, a county or municipal government subdivision or one of their agencies, including but not limited to: a motor vehicle operator s license, an identification card, or an identification card issued to a member of the Armed Forces. Identification document also includes a passport issued by a foreign government or a consular identification card, issued by a foreign government to any of its citizens and nationals, which has been approved by the City of Los Angeles as valid identification. Occupancy means the use or possession, or the right to the use or possession, of any room in any hotel. Operator means the person who is either the proprietor of the hotel or any other person who has the right to rent rooms within the hotel, whether in the capacity of owner, manager, lessee, mortgagee in possession, licensee, employee or in any other capacity. Record means written documentation of information about a guest. A record may be maintained electronically, in a book or on cards. Rent means the consideration charged, whether or not received, for the occupancy of a room 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. Reservation means a request to hold a room for a potential guest that includes the following information and is documented in writing: (i) The potential guest s name and contact information; and (ii) the date and time when the contact was made. Room means any portion of a hotel, which is designed or intended for occupancy by a person for temporary lodging or sleeping purposes. Walk-in guest means any guest who did not make a reservation for a room prior to the time that he or she seeks to check in at the hotel. 2. Hotel Record Information.
19 (a) Every operator of a hotel shall keep a record in which the following information shall be entered legibly, either in electronic, ink or typewritten form prior to the room being furnished or rented to a guest: (1) As provided by the guest in response to an inquiry or by other means: (i) The name and address of each guest and the total number of guests; (ii) The make, type and license number of the guest s vehicle if the vehicle will be parked on hotel premises that are under the control of the Operator or hotel management; (iii) Identification information as required by Subsection 4 (a) and (b) of this section. (2) The day, month, year and time of arrival of each guest; (3) The number or other identifying symbol of location of the room rented or assigned each guest; (4) The date that each guest is scheduled to depart; (5) The rate charged and amount collected for rental of the room assigned to each guest; (6) The method of payment for the room; and (7) The full name of the person checking in the guest. (b) For a guest checking in via an electronic registration kiosk at the hotel, instead of the information required by Subsection 2.(a), the hotel shall maintain the name, reservation information and credit card information provided by the guest, as well as the identifying symbol of the kiosk where the guest checked in and the room number assigned to the guest. 3. Maintenance of Hotel Record. Every operator of a hotel shall comply with the following requirements for maintaining the hotel record: (a) The record shall be kept on the hotel premises in the guest reception or guest check-in area or in an office adjacent to that area. The record shall be maintained at that location on the hotel premises for a period of 90 days from and after the date of the last entry in the record and shall be made available to any officer of the Los Angeles Police Department for inspection. Whenever possible, the inspection shall be conducted at a time and in a manner that minimizes any interference with the operation of the business. (b) No person shall alter, deface or erase the record so as to make the information recorded in it illegible or unintelligible, or hinder, obstruct or interfere with any inspection of the record under this section. (c) Any record maintained in the form of a book shall be permanently bound, each page shall be sequentially numbered and the book shall be the minimum size of eight by ten inches. No page shall be removed from the book. Any record maintained in the form of cards shall be on cards that are the minimum size of two and one-half inches by four inches and numbered consecutively and used in sequence. Any card numbered within the sequence of utilized cards shall be preserved as part of the record even if it is not used for a room rental. The numbers shall be printed or otherwise indelibly affixed to the cards. If maintained electronically, the record shall be printable. (d) Nothing in this section absolves the operator from maintaining the record for longer than 90 days in order to comply with any other provision of law, including the obligation to maintain and produce records for the purpose of paying a transient occupancy tax. 4. Renting of Hotel Rooms. The operator of a hotel shall not rent a room except in compliance with the following conditions. (a) A guest who pays all or part of the rent for a room in cash at the time of checking in, and a walk- in guest, shall be required to present an identification document or a housing voucher at the time of checking into the hotel. (b) A room shall not be rented hourly or for fewer than 12 hours unless an identification document is obtained from the guest when he or she checks into the hotel. (c) The number and expiration date of the identification document obtained under Subsections 4.(a) or (b) shall be recorded and maintained by the operator in the record for at least 90 days or if a guest is paying with a housing voucher obtained under Subsection 4.(a), a copy of the housing voucher shall be maintained with the record for at least 90 days. 5. Training of employees. The owner or proprietor of a hotel business shall take all reasonable steps, including but not limited to, providing training regarding this section to ensure that the person who checks a person into the hotel complies with the provisions of this section. A person who has not been trained shall not be assigned to check persons into the hotel. 6. Guest obligations.
20 (a) No person shall give any assumed, false or fictitious name, or any other name other than his or her true name when checking into a hotel. (b) (c) No person shall present to any hotel identification that is any way false, altered or counterfeit or belongs to another person. Subsection 6. shall not apply to law enforcement personnel engaged in an investigation. SEC SMOKING PROHIBITED IN DESIGNATED AREAS. (Amended by Ord. No. 159,498, Eff. 12/15/84.) A. Definitions. (Amended by Ord. No. 181,065, Eff. 3/8/10.) The following words and phrases, whenever used in this ordinance shall be construed as hereinafter set out, unless it shall be apparent from the context that they have a different meaning. 1. "Bar" shall mean an indoor area utilized primarily for the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages. 2. "Employee" shall mean any person who is employed by any employer in consideration for monetary compensation or profit. 3. "Employer" shall mean any person, partnership, corporation, excluding municipal corporation, who employs the services of more than four persons. 4. "Place of employment" shall mean any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, conference rooms, and employee cafeterias. A private residence is not a place of employment. 5. "Service Line" shall mean any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money. 6. "Smoke" or "Smoking" shall include the carrying or holding of a lighted pipe, cigar or cigarette of any kind, or any other lighted smoking equipment or the lighting or emitting or exhaling the smoke of a pipe, cigar or cigarette of any kind. 7. "Outdoor dining area" shall mean for purposes of this section an outdoor area: a. Of a business, such as a restaurant, that is dedicated by the business as a place for the consumption of food or drinks that are regularly sold or provided by that business, and all non-enclosed areas within ten feet thereof; b. That is dedicated by the person authorized to manage or control the area as a place for the consumption of food or drinks that are regularly sold or provided by one or more nearby businesses, such as a food court, and all non-enclosed areas within ten feet thereof; or c. Within a forty foot radius of a business, such as a food kiosk, food cart or mobile food truck, that regularly sells or provides food or drinks but has no outdoor area dedicated by the business as a place for the consumption of food or drinks that are regularly sold or provided by that business. d. However, an outdoor dining area shall not include an area that is contiguous to one of the following: (i) (ii) A bar, or a nightclub that requires that its patrons be eighteen or older; or A restaurant, business or non-commercial building that is completely closed to the public for a private event. B. Prohibition: It shall be unlawful to smoke in the following places: 1. Those portions of any building, structure or other enclosed facility open to the general public for the primary purpose of exhibiting any motion picture, stage production, musical recital, or similar performance. However, smoking may be permitted in designated areas of lobbies. (Added by Ord. No. 162,989, Eff. 1/7/88.) 2. Any room, chamber, indoor place of meeting or indoor public assembly, wherein public business is conducted and which is open to members of the general public either as participants or as spectators. (Amended by Ord. No. 164,776, Eff. 6/3/89.) 3. Those areas within the buildings or structures of any health care facility which are open to visitors to the premises except that in such areas there may be enclosed areas designated and set aside on each floor where smoking may be allowed. 4. Any retail food marketing establishments including grocery stores and supermarkets except those areas of such establishments set aside for the