CHAPTER VI PUBLIC WORKS AND PROPERTY

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1 CHAPTER VI PUBLIC WORKS AND PROPERTY Article 1 Authority and Procedure 2 Streets and Sidewalks 2.1 Rail Transit Construction Impact Area Traffic Management 3 Public Parks, Playgrounds, Beaches and Other Property 4 Sewers, Water Courses and Drains 4.1 Sewer Service Charge 4.2 Stormwater Pollution Abatement Charge 4.3 Wastewater Franchise Fee 4.4 Stormwater and Urban Runoff Pollution Control 5 Maintenance and Repair of Hazardous Private Streets 6 Garbage, Refuse Collection 6.1 Solid Waste Collection, Transfer, Recycling, Recovery of Waste Resources and Disposal Fee 7 Outdoor Advertising Structures, Accessory Signs, Post Signs and Advertising Statuary 8 Benches Along Public Ways 9 Marina Del Rey Entrance Channel ARTICLE 1 AUTHORITY AND PROCEDURE Section Chapter Definitions Abatement of Erosion or Flood Hazard Surcharge for Equipment and Training Surcharge for Development of Automated Systems for the Department of City Planning Prisoner Employment on Public Works Compliance with Traffic Control Manual Arrest Authority of City Employees Authority to Assign Inspectors for Overtime Work Engineering Process Fees Expedited Permit Surcharge Survey Monument Inspection Fee Improvement Bond Processing Fee Special Engineering Fee Actual Cost Special Engineering Services Summary of Fees for the Bureau of Engineering. SEC CHAPTER DEFINITIONS.

2 Whenever used in the chapter the word Board shall mean the Board of Public Works of this City or any of its members or inspectors. SEC NUISANCES SUMMARY ABATEMENT. (Renumbered Sec and Relocated to Ch. V, Art. 8, by Ord. No. 160,171, Eff. 8/22/85.) SEC ABATEMENT OF EROSION OR FLOOD HAZARD. (Amended by Ord. No. 181,701, Eff. 6/12/11.) (a) Whenever it appears that any grading project previously commenced pursuant to a permit issued by the Board or the Department of Building and Safety will not be completed prior to the commencement of the rainy season as defined in Section of this Code, the Board may require that the permittee prepare and submit plans for the installation of temporary erosion control devices not later than September 15 preceding the rainy season. The plans shall be prepared in accordance with standards maintained by the City Engineer. Every permittee submitting a plan for the installation of temporary erosion control devices shall pay a fee in the amount of $ to the Bureau of Engineering for the Bureau's review of the plan. The Board of Public Works may adjust this fee and adopt a new fee amount in the same manner as provided in Section I.(1) for establishing a fee to process an appeal from an improvement requirement determination by the City Engineer. (b) In addition to requirements in Subsection (a) of this Section, whenever it appears that any grading project previously commenced pursuant to a permit issued by the Board or the Department of Building and Safety will not be completed prior to the commencement of the rainy season as defined in Section of this Code, the Board may require a permittee to install desilting basins not later than October 15 preceding the rainy season, and other temporary erosion control devices not later than December 1 of the rainy season. (c) Should a permittee fail to comply with either Subsection (a) or (b) of this Section, and the Board determines that the public health, safety or general welfare is endangered by the failure, the Board or an authorized agent may enter upon the premises described in the permit to abate the public nuisance by installing temporary erosion devices by whatever means it deems appropriate. (d) All costs incurred by the Board or its authorized agents pursuant to Subsection (c) of this Section shall be a personal obligation of the permittee and of the property owner, recoverable by the City before any court of competent jurisdiction. The costs shall include an amount equal to 40 percent of the cost to perform the actual work, but not less than the sum of $100.00, to pay the City's costs for administering any contract to perform the work and supervising the work. In addition to this personal obligation and all other remedies provided by law, the City may collect any judgment, fee, cost or charge, including any permit fees, fines, late charges or interest, incurred pursuant to the provisions of this Section, as provided in Los Angeles Administrative Code Section through SEC SURCHARGE FOR EQUIPMENT AND TRAINING. (Amended by Ord. No. 175,332, Eff. 8/12/03.) (a) There shall be added to the total of all fees for which the Bureau of Engineering is responsible for collecting for services rendered for any initial application, renewal, modification, or approval pursuant to the provisions of Article 1, 2, 2.1, 3 or 4 of this Chapter, Article 2, 5, 7, 8 or 9 of Chapter I, or Article 1 or 6 of Chapter IX of this Code, or Division 7, 12, 13, 19, or 22 of the Los Angeles Administrative Code, a surcharge in an amount equal to the greater of seven percent of the fee or $1. The provisions of this Subsection shall not apply to the One Stop Permit Center Surcharge imposed pursuant to Section 68.12, or to fees imposed pursuant to the provisions of Section 61.10, 61.11, , , , (b), or (Amended by Ord. No. 182,237, Eff. 9/28/12.) (b) All monies received from this surcharge shall be deposited and maintained in the Public Works Bureau of Engineering Equipment and Training Trust Fund established pursuant to Section of the Los Angeles Administrative Code. (c) These monies shall be used for the provision of equipment and training for those Bureau personnel providing the engineering services for which the fees are charged. These services are not routinely provided to the general public, but are performed only upon specific request. (d) If any provision of this ordinance is found to be unconstitutional or invalid by any court of competent jurisdiction, the invalidity shall not affect the remaining provisions of this ordinance which can be implemented without this invalid provision, and, to this end, the provisions of this ordinance are declared severable. SEC SURCHARGE FOR DEVELOPMENT OF AUTOMATED SYSTEMS FOR THE DEPARTMENT OF CITY PLANNING. (Added by Ord. No. 169,869, Eff. 7/18/94.) (a) An automated systems development surcharge equal to the greater of 3 percent thereof or $1.00 shall be added to any fee set forth in Municipal Code Section which the Bureau of Engineering is responsible for collecting for services rendered in connection with any initial application, renewal, modification or approval of planning actions pursuant to Article 2 of this chapter. Any other surcharge shall be excluded from the computation of the surcharge under this section. In addition, an administrative fee of $5.00 shall be collected with respect to each such permit, license or application. (b) (c) This surcharge shall remain in effect until July 1, 2001 unless further extended by Council by ordinance. Moneys received from this surcharge shall be deposited in the City Planning Systems Development Fund pursuant to Section of the Los Angeles

3 Administrative Code, except that the $5.00 fee shall be deposited into the General Fund and credited to the departmental receipts of the Bureau of Engineering, Department of Public Works. SEC PRISONER EMPLOYMENT ON PUBLIC WORKS. (A) Every person confined in the City jail under a judgment rendered in a criminal action in a court of competent jurisdiction shall be required to perform labor on the public works and ways of this City under the discretion of the Chief of Police. (B) The Chief of Police shall procure and use such means as he shall deem necessary for the security of all prisoners under his charge and may prescribe and administer such rules and regulations as shall be deemed necessary to keep good order among the prisoners and compel them to do their work. (C) The prisoners shall be treated with the kindness compatible with the enforcement of the rules and regulations necessary to compel discipline and obedience to the officer in charge. SEC COMPLIANCE WITH TRAFFIC CONTROL MANUAL. (Added by Ord. No. 142,123, Eff. 7/31/71.) All work involving City property or rights of way shall be performed in accordance with the provisions of the latest edition of the manual entitled Work Area Traffic Control adopted by the Board. SEC ARREST AUTHORITY OF CITY EMPLOYEES. (Amended by Ord. No. 170,451, Eff. 5/8/95.) (a) (Amended by Ord. No. 179,818, Eff. 5/31/08.) The Director of the Bureau of Street Services, the Assistant Director of the Bureau of Street Services, the Chief Street Services Investigator, Senior Street Services Investigators and Street Services Investigators are duly appointed public officers as defined in California Penal Code, Section and have the power, authority and immunity of illegal dumping enforcement officers as set forth in California Penal Code Section 830.7(j), to enforce laws related to illegal waste dumping, or littering, and authorized by a Memorandum of Understanding with the Los Angeles Police Department. This power, authority and immunity shall only be exercised by those directors and investigators referred to in this section who have successfully completed a course in the exercise of the powers of a peace officer pursuant to California Penal Code Section 832 and that satisfies the selection standards for peace officers pursuant to the Government Code of the State of California, Section All public officers empowered by this section shall have the authority of a local enforcement agency for the purposes specified in the California Public Resources Code Division 30, Part 3, Chapters 16 through 19 related to the California Integrated Waste Management Board Waste Tire Enforcement Program and to seize and impound vehicles in order to enforce the provisions of Los Angeles Municipal Code Section In addition, these persons shall have the power to serve warrants as specified in the California Code of Civil Procedures Section , et seq., and the authority granted in Section of this Code. All persons referred to in this section shall be deemed to be acting within the scope of employment with respect to all acts and matters set forth in this section. (b) Chief Industrial Waste Inspectors, Senior Industrial Waste Inspectors and Industrial Waste Inspectors of the Stormwater Management Division of the Bureau of Engineering shall have the power, authority and immunity of a public officer or employee, as set forth in the Penal Code of the State of California, Section 836.5, to make arrests without a warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed a misdemeanor or an infraction in his or her presence which is a violation of Section of the Municipal Code with respect to storm drain systems and waters of the State. In addition, such persons shall have the foregoing power, authority and immunity with respect to a violation of any of the following sections of the Municipal Code: (b) (a) (e) (a) (a) or a violation of any law set forth in Subsection (c) of this section. (c) (Amended by Ord. No. 172,086, Eff. 7/30/98.) Any person designated in Subsections (a) and (b) of this section shall have the power, authority and immunity of a public officer or employee under the Penal Code of the State of California, Section 836.5, to make arrests without a warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed a misdemeanor or infraction in his or her presence which is a violation of any of the following provisions of the Los Angeles Municipal Code: A.1.(a) A (d) C.1.(g) E (b)2.a.(4) (c) (b)2.c.,d.,e (a) or is a violation of State of California Penal Code Section 556 or

4 (d) Those persons designated in Subsections (a) and (b) of this section are hereby authorized to issue parking citations as provided for in Section of the Los Angeles Municipal Code for the violation of Los Angeles Municipal Code Sections 80.53, 80.56, (b)2.a.(1), (2), (3), (b)2.f., , (b) and California Vehicle Code Section 22500(f). (e) The provisions of Penal Code Section regarding issuance of a written promise to appear shall be applicable to arrests authorized herein. (f) No person shall falsely represent or identify himself or herself as another person or as a fictitious person to any public officer defined in Section 61.07(a) of this Code upon lawful detention or arrest of the person, either to evade the process of the court, or to evade the proper identification of the person by the public officer when (1) the false information is given while the public officer is engaged in the performance of his or her duties as a public officer, and (2) the person providing the false information knows or should have known that the person receiving the information is a public officer. (Added by Ord. No. 180,459, Eff. 2/8/09.) (g) If a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he or she is being arrested by a public officer as defined in Section 61.07(a) of this Code, it is the duty of the person being arrested to refrain from using force or any weapon to resist such arrest. (Added by Ord. No. 180,459, Eff. 2/8/09.) (h) No person who has been lawfully arrested by a public officer as defined in Section 61.07(a) of this Code and who knows, or by the exercise of reasonable care should have known, that he or she has been so arrested, shall thereafter escape or attempt to escape from the custody of that public officer. (Added by Ord. No. 180,459, Eff. 2/8/09.) (i) No person shall fail to comply with any valid order pursuant to any provision or requirement of this Code or any other valid order issued by a public officer defined in Section 61.07(a) of this Code. (Added by Ord. No. 180,459, Eff. 2/8/09.) (j) Any public officer as defined in Section 61.07(a) of this Code, having responsibility for permitting and licensing shall have the authority to obtain state and local summary criminal history information pursuant to the California Penal Code, Section 11105(b)(10) and Section 13300(b)(10), in fulfilling his or her duties applicable to Chapter VI of the Los Angeles Municipal Code. In addition, public officers as defined by Section 61.07(a) of this Code are authorized pursuant to California Penal Code Section 11105(c) to obtain state and local summary criminal history information for specified investigative purposes. (Added by Ord. No. 180,459, Eff. 2/8/09.) (k) Making False Statements to Public Officers. It shall be unlawful for any person to make a false or misleading statement, or misrepresentation in any writing submitted to a public officer authorized by Section 61.07(a) of this Code. For purposes of this section the term "writing" shall include, but is not limited to, forms, applications, approvals, reports or certifications required by the Department of Public Works. (Added by Ord. No. 181,093, Eff. 4/14/10.) SEC AUTHORITY TO ASSIGN INSPECTORS FOR OVERTIME WORK. (Added by Ord. No. 155,987, Eff. 11/30/81.) The Director of the Bureau of Street Maintenance may assign an inspector to inspect activities for which a permit has been issued pursuant to the provisions of Article 2 of this chapter during other than normal working hours if such inspection is necessary to safeguard the public and protect the public street and sidewalk or other public improvements. Unless provision is otherwise made in this article to reimburse the City for the costs of such overtime inspection, the permittee shall deposit in advance an amount determined by the Director to be adequate to cover the cost of inspection. Such cost of inspection shall be computed at 1 1/2 times the hourly wage of a Senior Inspector 2 for the period of time such inspector will be needed, as estimated by the Director. At the completion of inspection, The Director shall deduct from such individual deposit the total accrued costs of inspection and shall refund to the permittee any difference between the amount deposited and the amount so deducted. SEC AUTHORITY TO INSPECT AND ENFORCE STORMWATER POLLUTION CONTROL MEASURES FOR CONSTRUCTION ACTIVITIES. (Deleted by Ord. No. 173,494, Eff. 9/14/00.) SEC ENGINEERING PROCESS FEES. (Amended by Ord. No. 182,237, Eff. 9/28/12.) The Bureau of Engineering shall charge and collect a fee of $75 for each building, plumbing, grading, combined building-mechanical or sign building permit for single family dwellings, other than those located in a Hillside Area as defined in Section of this Code, requiring review and approval by the Bureau of Engineering, except that no fee shall be collected if the underlying permit fee is not required. The Bureau of Engineering shall charge and collect a fee of $125 for each building, plumbing, grading, combined building-mechanical or sign building permit, other than those subject to the fee imposed in the first sentence of this Section, requiring review and approval by the Bureau, except that no fee shall be collected if the underlying permit fee is not required. SEC EXPEDITED PERMIT SURCHARGE. (Amended by Ord. No. 182,237, Eff. 9/28/12.)

5 An applicant for any permit issued by the Bureau of Engineering may pay a surcharge to obtain expedited Bureau permit-related services. The amount of the surcharge shall be the total cost of the overtime hours worked by Bureau of Engineering staff to provide the permit-related services (direct salary multiplied by 1.5), plus a 40 percent surcharge. When an applicant for any permit issued by the Bureau of Engineering elects to obtain expedited Bureau permit-related services, the applicant must pay, before the Bureau provides any expedited services, a deposit in an amount that the Bureau estimates will be total cost of providing the expedited services. For Bureau of Engineering expedited services provided pursuant to the provisions of this Section, if before completion of providing the requested services the Bureau determines that additional funds are needed to compensate the Bureau for the total cost of providing expedited services, the Bureau may halt all work on the project for which the application was made and require the applicant to pay the amount that the Bureau estimates will be needed to compensate the Bureau for the total cost of providing the requested services. At the conclusion of providing the requested services, if total costs are less than the amount deposited, the applicant shall be refunded the difference. The Bureau of Engineering shall not issue or approve any permit until all monies owed pursuant to the provisions of this Section are paid. SEC SURVEY MONUMENT INSPECTION FEE. (Amended by Ord. No. 182,237, Eff. 9/28/12.) For each final subdivision map and final parcel map, the Bureau of Engineering shall charge and collect a fee for verifying and documenting the placement of survey monuments in compliance with the Subdivision Map Act, Government Code Sections and 66496, or successor sections. The Bureau shall charge a fee of $265 for the first monument, and a fee of $78 for each additional monument. If the Bureau of Engineering must perform additional inspections because of missing or improperly set monuments, the Bureau shall charge a fee of $265 for the first monument it re-inspects, and a fee of $78 for each additional monument it re-inspects. SEC IMPROVEMENT BOND PROCESSING FEE. (Amended by Ord. No. 182,237, Eff. 9/28/12.) The Bureau of Engineering may require a permit applicant to post a public improvement bond to guarantee that improvements will be made in a public rightof-way or to protect or replace existing improvements, and shall charge and collect a fee of $500 to process a public improvement bond. If necessary to avoid a bond default, the Bureau of Engineering shall charge an additional fee of $420 to extend the bond or process a replacement bond. The Bureau of Engineering shall require all applicants for a Class "B" permit to post a public improvement bond, and may also require a permit applicant to post a bond when it determines that the project or activity for which a permit is sought could damage existing public improvements. SEC SPECIAL ENGINEERING FEE. (Added by Ord. No. 182,237, Eff. 9/28/12.) For all Bureau of Engineering permits and services identified in this Code for which a fee is charged, and which require Bureau staff time for plan checking, field investigation, project evaluation, or other work or effort in addition to that which is ordinarily required for the permit or service for which the fee is charged, the following fees shall apply: (a) for Bureau of Engineering services that require 16 or fewer additional hours of Bureau staff time, a Special Engineering Fee of $145 per hour shall be charged for each hour of additional service, up to a maximum of 16 hours total; and (b) for Bureau of Engineering services that require more than 16 additional hours of Bureau staff time, the Bureau will charge and collect the actual cost of its services pursuant to the provisions of Section 61.15, unless a provision of this Code provides for a different fee amount. The provisions of this Section shall not apply to any Bureau of Engineering fee that requires payment of actual Bureau costs rather than a fixed pre-determined fee amount. SEC ACTUAL COST SPECIAL ENGINEERING SERVICES. (Added by Ord. No. 182,237, Eff. 9/28/12.) For all Bureau of Engineering permits or other services identified in this Chapter for which a fee is charged, and which require Bureau staff to provide more than 16 hours of time for plan checking, field investigation, project evaluation, or other work or effort in addition to that which is ordinarily required for the permit or service for which the fee is charged, or for requested Bureau services for projects not specifically described in this Code, the Bureau shall charge and collect a fee in an amount sufficient to pay the Bureau's actual cost of providing its services. The actual cost amount determination shall include, but not be limited to, all direct and indirect labor costs, retirement and overhead costs. An applicant for any permit or services subject to the provisions of this Section must pay, before the Bureau of Engineering provides any services, a deposit in an amount that the Bureau estimates will be the actual cost of providing its services. For Bureau of Engineering services provided pursuant to the provisions of this Section, if before completion of providing the requested services the Bureau determines that additional funds are needed to compensate the Bureau for the actual cost of providing the services, the Bureau may halt all work on the project for

6 which the application was made and require the applicant to pay the amount that the Bureau estimates will be needed to compensate the Bureau for the actual cost of providing the requested services. At the conclusion of providing the requested services, if actual Bureau costs are less than the amount deposited, the applicant shall be refunded the difference. The Bureau of Engineering shall not issue or approve any permit until all monies owed pursuant to the provisions of this Section are paid. SEC SUMMARY OF FEES FOR THE BUREAU OF ENGINEERING. (Added by Ord. No. 182,237, Eff. 9/28/12.) The following table is a summary of fees for Bureau of Engineering services provided pursuant to the provisions of this Chapter. If there is any discrepancy between the provisions of this summary and the Sections of this Code imposing the fees, the provisions of the Sections of this Code imposing the fees shall prevail. Additional charges may be imposed pursuant to the provisions of Sections and Permit / Service Description LAMC Section Fee Surcharge for equipment and training (7% Fund) Footnote [1] Engineering processing of building permits (SFD non-hillside area) $75 Engineering processing of building permits (all others) $125 Expedited permit surcharge % Survey monument inspection (first monument) [1] $265 Survey monument inspection (each additional) [1] $78 Survey monument re-inspection (first monument) [1] $265 Survey monument re-inspection (each additional) [1] $78 Improvement bond processing (new bonds) [1] [2] $500 Improvement bond extension processing [1] [2] $420 Improvement bond replacement processing [1] [2] $500 Special engineering [1] [2] $145/hour Actual cost engineering services [1] [2] Actual Excavation (U) permit 1,000 sq. ft. [1] [2] 62.05(a)1. $185 Excavation (U) permit > 1,000 sq. ft. [1] [2] 62.05(a)2. Actual Excavation (E) permit 1,000 sq. ft. [1] [2] 62.05(a)1. $425 Excavation (E) permit > 1,000 sq. ft. [1] [2] 62.05(a)2. Actual Excavation (U) permit inspection for 1-99 sq. ft. [1] [2] 62.05(a)1. $114 Excavation (U) permit inspection for 100-1,000 sq. ft. [1] [2] 62.05(a)1. $2.20/sq.ft. Excavation (U) permit inspection > 1,000 sq. ft. [1] [2] 62.05(a)2. Actual Special inspection rate, regular [1] [2] 62.05(a)1. $95/hour Overtime inspection rate, weekday [1] [2] 62.05(a)1. $95/hour Overtime inspection rate, weekend and holiday, 4 hours minimum [1] [2] 62.05(a)1. $380 Tie-back, each [1] [2] 62.05(a)3.(aa) $605 De-tensioned anchor rod left in place < 20' below the surface fee, each [1] [2] 62.05(a)3.(bb) $2,040 SDRF and SSDRF calculation surcharge [1] [2] B. $18 Maintenance hole opening individual permit [1] [2] $135 Maintenance hole opening annual permit [1] [2] $265 Maintenance hole permit copy (each) [1] [2] $1.80 Materials permit - BOE convenience fee [1] [2] 62.45(d)5. $32.50 Peak hour exemption processing [1] [2] $250 Preliminary land use review (PCRF) [1] [2] (a) $125 Land use review - zone change [1] [2] (b) $7,125 Land use review - zone change w/pcrf [1] [2] (b) $7,000 Land use review - conditional use permit [1] [2] (c) $7,125 Land use review - conditional use permit w/pcrf [1] [2] (c) $7,000 Land use review - City Planning case [1] [2] (d) $7,125 Land use review - City Planning case w/pcrf [1] [2] (d) $7,000 Land use review - site plan review [1] [2] (e) $7,125 Land use review - site plan review w/pcrf [1] [2] (e) $7,000 Land use review - coastal development permit [1] [2] (f) Actual Land use review - surface mining [1] [2] (g) $1,535 A permit basic fee [1] [2] (a) $265 A permit curb inspection per linear foot [1] [2] (b)1. $3.70 A permit paving, gutter, sidewalk, driveway inspection per square foot [1] [2] (b)2. $0.85 A permit resurfacing per square foot [1] [2] (b)3. $3.30

7 A permit area drains, each [1] [2] (b)4. $15.95 A permit tree wells, each [1] [2] (b)5. $15.95 A permit pipe inspection, each [1] [2] (b)6. $5.50 A permit maximum density test, each [1] [2] (d)1. $300 A permit relative compaction test, each [1] [2] (d)1. $115 A permit concrete cylinder test, each [1] [2] (d)2. $100 B permit services (all) [1] [2] Actual Revocable permit Tier 1 [1] [2] $540 Revocable permit Tier 2 [1] [2] $1,800 Revocable permit Tier 3 [1] [2] Actual Overload permit special engineering > 75 tons not exceeding Purple limits [1] [2] (a) $70 Overload permit special engineering > 75 tons exceeding Purple limits [1] [2] (b) Actual Overload "annual" permit special engineering [1] [2] (c) $140 Traffic management fee, per lane per block [1] [2] F. $275 Watercourse permit [1] [2] B.5. $3,035 Sewer connection permit [1] [2] 64.15(a)1. $265 Storm drain connection permit [1] [2] 64.15(a)1. $265 House connection sewer inspection, per linear foot [1] [2] 64.15(a)2. $2.84 Bonded sewer lateral, per linear foot 64.15(b) $82 Bonded sewer, per linear foot 64.18(a) $72 Storm drain or catch basin tap connection [1] [2] 64.20(a)1. $72 Sewer tap/saddle connection special inspection [1] [2] 64.20(a)2. $95/hour Surcharge for one-stop permit center (2% Fund) Footnote [2] Footnotes: [1] A surcharge of 7% or $1, whichever is greater will be added to the listed fee pursuant to LAMC Section [2] A surcharge of 2% or $1, whichever is greater will be added to the listed fee pursuant to LAMC Section ARTICLE 2 STREETS AND SIDEWALKS Section Definitions Removal of Obstructing Structures Excavations in and Adjacent to Streets Permits Excavations in and Adjacent to Streets Locations and Restrictions Notification and Location Requirements Excavation in and Adjacent to Streets Performance of the Work Excavations in and Adjacent to Streets Charges Establishment of a Street Damage Restoration Fee Specifications and Procedures for Above Ground Facilities Installations in the Public Rights-of-Way Fine for Non-compliance Appeal for Violation of Above Ground Facility, Specification and Procedures Maintenance Holes Permit for Opening Maintenance Hole Permit Fees Manholes Emergency Openings Manholes Warning Signs Exemptions Materials or Equipment in Streets Permits, Regulations, Fees Permits Conditions Permits Revocation Revocation of Permits Work to Cease Building Material Deposit in Streets Building Material Illumination Building Material Deposits Cranes Restrictions Plaster Mixing on Street Permit to Be Exhibited Building Material Removal of.

8 62.55 Permits Duration of Building Material Permit Fees Exemptions Elevated Sidewalks Permits Elevated Sidewalks Application Elevated Sidewalks Where Permitted Revocation of Permits Work Within or on a Public Street or Right-of-Way, Obstruction of a Public Street or Right-of-Way Permit Required, Regulations, Penalties for Non- Compliance Electric Wires on Streets Permit Required Electric Wires on Streets Power of Board Over Permit Contents of Electric Wiring Must Be Safe Board Power to Decide Questions Permits Duration of Exemption Franchises Oil Pipe Lines Permits Oil Pipe Line Permit Application Oil Pipe Line Permit Contents Oil Pipe Lines Regulations Oil Pipe Lines Permits Revocability of Oil Cables Permits Oil Cables Permit Applications Oil Cables Permit Contents Oil Cables Regulations Oil Cables Permits Revocability of Oil Spilling on Streets Drainage of Water Into Streets Washing Private Alleys Public Utility Defined House Movers Permits Conditions Board of Public Works House Movers Permit/Issuance House Movers Compensation to Public Utilities House Movers Interference with Utility Property House Mover Must Pay License House Movers Deposits House Movers Inspection House Movers Methods of Moving Rules and Regulations House Movers Posting of Relocation Permit House Movers Damage to Streets House Movers - Deposit Deductions Housemoving Lights Required Protection of Sidewalks Protection of Streets Tractors, Etc. Prohibited on Animals Driving on Streets Permit Horseback Riding Prohibited on Medians Painting House Numbers on Curbs Permit Required Vibroseis Surveys in Public Streets Parkways in Commercial and Industrial Zones Paving Curb and Sidewalk Repairs Streets, Sidewalks and Other Improvements Permits Required Locations of Driveway Approaches Width of Driveway Approach Apron Length of Curb Space Slope of Driveway Approaches Application for Deviations From the Provisions of Sections (A), (B), (C) and (D), , and Testing and Analysis of Materials Products, Services, Processes and Technologies Permits Classification Of Fees Charges for Preparation of Required Reports by the City Engineer in Conjunction with Land Use Reviews Work Requirements Application Contents Of Class A Permit Fees Class B Permit Fees Class B Permits Plans Bonds Insurance Inspector Application For.

9 Completion of Work Certificate of Acceptance Permits Duration Expiration Cancellation Class "A" Permit Fee Refunds Permits Amount of Work Allowed Removal of Debris Exemptions Special Improvements Payment Performance by Department Improvement in Public Streets Issuance of Revocable Permits Railroads Street Paving Railroads Manner of Asphalt Paving Railroads Manner of Improving Streets Railroads Type of Rails Railroads Change of Rails Railroad Rails Exemptions Railroads Time of Completion of Work Railroads Procedure for Replacing Rails Railroad Board May Order Repairs to Roadbed Railroads Hours of Repair in Central Traffic District Public Boulevards Use of Sand Gravel on Streets Decorative Lights over Streets and Sidewalks Street Banners Canopies Overloads Definitions Overloads Permits Required Overloads When Unlawful to Move Without Inspection Overloads, When Unlawful to Move in Any Event Unattended Parking Prohibited Overloads Night Moving Overloads Application For Permits Overloads Issuance of Permits Overloads 30 Day and Annual Permits Overloads Permits Limitations And Requirements Overloads Insurance Bonds Overloads - Inspection Overloads Assignment of Inspectors Overloads Displacement of Property of Public Utility Overloads Movement of by Governmental Authorities Overloads Where Exceptions Are Permissible Overloads Special Engineering Services for Large or Heavy Loads Planting, Maintenance And Care of Plants in City Streets Jurisdiction of Board Power to Plant, Maintain And Issue Permits Duties Regarding Maintenance of Plants Tree Planting Records Plans Board to Prepare Reports Street Obstructions by Trees Jurisdiction Assessment Levy For Planting Removal of Obstructing Plants Permit Required to Plant in Streets Conditional Permit to Remove or Destroy Trees Permit Fees For Tree Removal House Moving Permit Tree Stakes or Guards Injury to Trees Tree Maintenance Street Maintenance Fee Street Intersections Obstructions to Visibility Import And Export of Earth Materials Fees Required Import And Export of Earth Materials Bonded Requirement. SEC DEFINITIONS. (Amended by Ord. No. 121,900, Eff. 6/4/62.)

10 For the purpose of this article, the following words and phrases are defined, and they shall be construed as hereinafter set out, unless it shall be apparent from the context that they have a different meaning. Apron shall mean that portion of a driveway approach, exclusive of side slopes or driveway curb returns, extending from the gutter flow line to the property line. As-Built Plans and Profiles shall mean plans and profiles wherein the elevation and location of a subsurface installation is determined at the time of construction and as constructed. (Added by Ord. No. 150,478, Eff. 2/6/78.) Asphalt Pavement shall mean any surface which is paved with a mixture of rock, sand, and a low penetration grade of asphalt cement. This term shall include surfaces paved with mixture commonly referred to as sheet asphalt, asphalt concrete, or bitulithic pavements. Concrete Driveway shall mean any driveway approach paved with Portland Cement concrete. Concrete Gutter shall mean any gutter composed of Portland Cement concrete, vitrified brick, or granite block pavement. Concrete Pavement shall mean any roadway surface paved with Portland Cement concrete. Concrete Sidewalk shall mean any sidewalk paved with Portland Cement concrete. Cost shall mean all applicable direct and indirect expenses incurred by the City in connection with the work or services performed, as determined by the cost accounting procedures established by the Board. Curb shall mean any curb constructed of Portland Cement concrete. Curb Return shall mean the curved portion of a street curb joining the normal curb line of a street with that of an intersecting street, alley, or driveway. Curb Space shall mean a continuous length of full-height curb; or where no curb exists, that space on the public right of way reserved for construction of full-height curb. Driveway Approach shall mean that portion of a driveway lying in the public right of way between the curb face or roadway of a public street and the property line thereof, and including both apron and side slopes. House Mover shall mean any person who moves any building or structure, or section or portion of any building or structure, over, upon, along, or across any public street. Leakage Detection Hole shall mean any hole made in a paved roadway or sidewalk by driving a metal bar or drill into the same, for the purpose of locating leaks from existing utility pipes or conduits. Lot shall mean a lot, parcel, or area of land developed or to be developed as a unit. Manhole shall mean any subsurface structure which is part of any underground system and which has a surface cover with an exposed area of 1 1/2 square feet or more. Oiled Roadway shall mean any roadway, the surface of which is composed of a mixture of one or more spray coats of road oil with sand, crushed rock, or disintegrated granite, having a total average thickness of approximately one inch or less. Person shall mean and include in addition to all entities set forth under the definition of the term person in Subsection (a) of Section of this Code, the Federal Government, the State of California, every county, city and county, municipal corporation other than the City of Los Angeles, irrigation district, school district, district established by law, and any political or administrative subdivision of the State or Federal Government. Pothole shall mean a small hole excavated in order to locate and identify any underground structure. (Added by Ord. No. 150,478, Eff. 2/6/78.) Property shall mean and include any rail, tie, wire, pipe, pole, conduit, tank, or any device, fixture, appliance, or structure appurtenant thereto, installed, affixed, or located in, upon, over, or under any public street, public easement, or public place in this City, whether so installed, affixed, or located under franchise or otherwise. Public Easement shall mean any sewer easement, drainage easement, utility easement, or other easement under the jurisdiction of the Board except street easements. Public Place shall mean and include all public grounds, buildings, and places owned or maintained by the City and under the jurisdiction of the Board excluding public streets and public easements.

11 Public Street shall mean and include all entities set forth under the definition of the term street in Subsection (a) of Section of this Code. The term shall be construed to include the full width of way dedicated to public use including sidewalk and unpaved areas. Red Flag shall mean a flag made of bright red cloth or other flexible material, with an area of at least 1 1/2 square feet of which one dimension must be at least 12 inches. Roadway shall mean the portion of the street intended for use by vehicular traffic, including parking lanes. Rock and Oil Pavement shall mean any surface which is paved with an average thickness of more than one inch of macadam pavement or a mixture of rock, sand, and either road oil, liquid asphalt, or a high penetration grade of asphalt cement. Side Slope shall mean that portion of the driveway approach which provides a transition from the normal curb grade to the grade of the apron by means of a sloping surface. Where a curb return is constructed in lieu of a sloping surface, the side slope shall be deemed to end at the exterior beginning of the curb of such curb return. Sidewalk shall mean any surface provided for the exclusive use of pedestrians. Stake Hole shall mean any hole made in a pavement, driveway, or sidewalk by driving a metal bar or pin into the same for moving a house or for any similar purpose. Transmission Line shall mean a pipeline or other structure which transports substances from a Point of gathering or storage to a point of distribution or storage. (Added by Ord. No. 150,478, Eff. 2/6/78.) Tunnel shall mean either a construction tunnel or a tunnel structure as hereinafter defined: construction tunnel shall mean an excavation for the purpose of installing a subsurface pipe or conduit, which excavation is made without disturbing the surface. This term is not intended to include excavations made by such methods of installation as jacking, boring, or jetting; tunnel structure shall mean an underground structure such as a passageway, gallery, or conveyor housing, the construction of which may have involved the making of an open excavation. Unimproved Roadway shall mean any roadway, the surface of which is composed of dirt, soil, sand, gravel, disintegrated granite, or similar materials either in a natural state or waterbound. Unstable Substance shall mean any substance carried by a subsurface installation which, if permitted to escape, could pose a hazard to public health or safety, including petroleum distillates, butane, propane, oxygen, chlorine, steam, natural gas at a pressure exceeding 60 PSIG, any corrosive or toxic substance, all liquids in transmission lines and any other substance which the City Engineer may hereinafter classify as unstable. (Added by Ord. No. 150,478, Eff. 2/6/78.) SEC REMOVAL OF OBSTRUCTING STRUCTURES. (Amended by Ord. No. 121,900, Eff. 6/4/62.) (a) Board to Notify Owner. Whenever the Board determines that any property located in, upon, over, or under any public street, public place, or public easement in this City must be temporarily or permanently relocated or removed for public safety, necessity, welfare, or convenience, in order that public works, improvements or landscaping may be installed, constructed, or erected along any such public street, public place, or public easement, the Board shall give written notice to the person owning, maintaining, or controlling such property to relocate or remove the same as the Board shall determine. Such notice shall describe the property to be removed or relocated with particularity. Such written notices will be issued only for improvements, works, or landscaping done by this City or other governmental agency or instrumentality in a government capacity. (b) Prosecution of Work. Within ten days after the giving of such notice, the work of relocating or removing the property designated in the notice shall be commenced and such work shall thereafter be diligently prosecuted to completion. (c) Board May Complete Work and Recover Costs. In the event such person shall neglect, fail, or refuse, within ten days after the giving of such notice, to begin the work of relocating or removing the property designated in the notice, or shall fail to prosecute such work diligently to completion, the Board shall have the power to relocate or remove the property designated in the notice. The cost necessarily incurred by the Board in doing such work may be recovered by the City from such person. (d) Remedies Cumulative. Punishment for violation of the penal provisions of this section shall be cumulative and in addition to the powers conferred herein on the Board. Enforcement of the penal provisions of this section shall not constitute a bar to the exercise by the Board of the powers conferred upon it by this section, nor shall the exercise by the Board of the powers conferred upon it by this section constitute a bar to a criminal prosecution for the violation of the penal provisions of this section. SEC EXCAVATIONS IN AND ADJACENT TO STREETS PERMITS.

12 (Amended by Ord. No. 171,924, Eff. 3/27/98.) (a) Permit Required. No person, nor any department or officer of this City shall make an excavation in or under the surface of any public street or public place for the installation, inspection, repair, abandonment, or removal of any tank, pipe, conduit, duct, tunnel, or footing, or for any other purpose, or make an excavation on private property adjacent to a public street where lateral support to such street or improvements or property within such street is imperiled by such excavation, without first making and filing a written application therefor with the Bureau of Engineering and receiving a permit from the Bureau of Engineering to do so. No portions of this ordinance shall be construed or is intended to exempt sewer and storm drain connections; sewers and storms drains being constructed under B permit provisions of this article; or departments or officers of this City acting in a governmental capacity and performing work with their own forces for the City. (Amended by Ord. No. 182,237, Eff. 9/28/12.) EXCEPTION: A permit will not be required for excavations which are for the purpose of the installation or removal of poles or pole anchors when such pole and pole anchors are located within sidewalk areas. All work in connection with such installations shall be performed in accordance with the provisions of Section Council Permission for Tunnel Construction. Permission from the Council is required as a prerequisite to the issuance of any permit under Subsection (a) of this section for the construction of a tunnel structure. Such tunnel installations may also be subject to the execution of a lease or other agreement between the City and the permittee as determined by Council, and the payment by the permittee of any annual charges set forth in such agreement. 2. Construction Tunnels. A construction tunnel used in lieu of an open trench for the purpose of installing pipe or conduit may be constructed under the sole authorization of an excavation permit. 3. Small Utility Cuts for Leak Detection. Excavation (Utility) permits for the purpose of drilling leakage detection holes may be issued to a public utility regulated by the Public Utilities Commission of the State of California. (Amended by Ord. No. 182,237, Eff. 9/28/12.) 4. Utility Maintenance and Service Connection Excavations. Excavation permits for the purpose of providing service connections, replacing or repairing deteriorated fittings, or raising valve covers, manhole covers, or vault lids to grade may be issued to a public utility regulated by the Public Utilities Commission of the State of California. (Amended by Ord. No. 182,237, Eff. 9/28/12.) 5. Chargebacks. No portion of this section shall be construed to contravene Section of the L.A.M.C. which prohibits City non-proprietary departments from charging other non-proprietary departments; nor shall this section be construed to allow for no-fee or exemptions from required permit authority for work being done under contract for City departments and other governmental agencies. No portion of this ordinance shall be construed to require that the Bureau of Street Maintenance will obtain permit authority to accomplish its normal work program which includes maintenance, construction and reconstruction activities within public rights-of-way and easements. 6. Emergencies. Nothing in this section shall be construed to prevent any agency, entity or utility covered under the provisions of this Ordinance or any person or department or officer of this City who is maintaining an installation in a street by virtue of any law, ordinance franchise, or permit from making such excavations as may be necessary when such necessity arises from emergency conditions, provided that the person, department, or officer making such excavation shall apply for a permit therefor on the next regular business day following the day on which such excavation was commenced and provided that the agency, entity, utility, department or officer of this City provide supporting documentation confirming the nature and scope of the work required and verifiable information related to the event(s), actions, inactions or proximate causes of the required emergency excavation. 7. Imperilment of Lateral Support. Imperilment of lateral support to a street or improvements on property within such street by excavation on private property shall be deemed to exist whenever such excavation does not comply with the provisions of Section of this Code. (b) Contents of Application. (Amended by Ord. No. 182,237, Eff. 9/28/12.) The permit applications shall contain all information required by the Bureau of Engineering, including but not limited to the hours during which permitted work will be performed, and safety measures that the permittee will undertake. (c) Plans Required. (Amended by Ord. No. 182,237, Eff. 9/28/12.) 1. General Requirements. Each application for a permit shall be accompanied by a plan, in triplicate, showing the location and dimensions of each proposed excavation and such other details as the Bureau of Engineering may require. The applicant shall supply additional copies of the plan if requested by the Bureau of Engineering for checking or inspection purposes. The Bureau of Engineering shall review the plan, and shall approve the plan if the Bureau determines it to be satisfactory. Prior to approval of a plan, the Bureau of Engineering shall determine whether to require any permit conditions or special restrictions, and such conditions or restrictions will be incorporated into the permit. If a plan shows a permanent installation to be made in the area of a public street, a copy shall be placed in the electronic files of the City Engineer as a public record, and an approved duplicate will be used for inspection purposes. Any excavation made or facility installed shall be located in strict conformance with the location shown on the plan. 2. Exception to General Requirements. The provisions of Subdivision 1. of this Subsection shall not apply if the purpose for making the proposed excavation is to install a service connection less than two inches in diameter, or to inspect or repair an existing installation, although any such excavation shall be in strict conformance with the location described in the application.

13 3. Additional Requirements for Tunnel Structures. In addition to the requirements in Subdivision 1. of this Subsection, plans for a tunnel structure shall show its proposed location, the distance from all utility installations, details of the proposed method of constructing and backfilling, and the purpose for which the tunnel is to be constructed. Plans for tunnel structures shall be based upon alignments and elevations determined from actual surveys, and work on any tunnel structure shall not proceed until such alignments and elevations have been established. (d) Surveying. (Amended by Ord. No. 182,237, Eff. 9/28/12.) In reviewing an application for a permit pursuant to the provisions of this Section, the Bureau of Engineering may require an applicant to conduct surveys if the Bureau determines that surveys are needed to insure that the proposed excavations or facilities to be installed would be located as described in the permit application or shown on the accompanying plat. (e) Authority to Occupy Street Area. No person, nor any department or officer of this City, shall make any installation in street areas without legal authority granted by franchise or otherwise to occupy and use such areas for the purpose of such installations, regardless of whether or not such person is required to secure a permit under the provisions of this section. (f) Liability Insurance. (Amended by Ord. No. 182,237, Eff. 9/28/12.) 1. Insurance Required. A permit to excavate issued pursuant to the provisions of this Section shall not be issued until the applicant has filed with the City Engineer a policy of protective liability insurance naming the City as an insured or a co-insured with the permittee. The policy of insurance shall insure the City and its departments, officers and employees, while acting with the scope of their duties, against all claims arising from or in connection with the operations of the permittee, or any contractor or subcontractor of the permittee, undertaken pursuant to the provisions of the permit. 2. Exception. The provisions of this Subsection shall not apply to the Federal Government, the State of California, any county, city or county, municipal corporation, irrigation district, school district, district established by law, any political subdivision of the Federal Government or State of California, any public utility regulated by the Public Utilities Commission of the State of California, or any contractor or subcontractor while performing work under contract to any such entity pursuant to a permit issued under the provisions of this Section. 3. Amounts. The policy of insurance required by the provisions of this Subsection shall provide the following minimum coverage: Bodily Injury: $250,000 for each person $500,000 for each occurrence $500,000 aggregate - products and completed operations Property Damage: $100,000 for each occurrence $250,000 aggregate A combined single limit policy with aggregate limits in the amount of $1 million will be considered equivalent to the required minimum limits. The coverage amounts identified in this Subdivision are minimum amounts, and the Bureau of Engineering has the authority to require coverage in larger amounts where it determines that such coverage is required to adequately protect the City. 4. Deposit or Bond Where Lateral Support is Imperiled. If a proposed excavation on private property would imperil the lateral support of a public street or improvements on a public street, in addition to providing the insurance required by the provisions of this Subsection, a permittee must provide to the Bureau of Engineering cash or a surety bond in an amount determined by the Bureau to compensate the City for damage that may be caused to City property by the excavation. If a bond is provided, it must be executed to the satisfaction of the Bureau of Engineering and approved as to form and legality by the City Attorney. The bond must be in effect for a minimum of two years after completion of the permitted work, and if cash is provided instead of a bond, the Bureau of Engineering shall keep the cash for a minimum of two years after completion of the permitted work. The Bureau of Engineering has the authority to modify for good cause the provisions of this Subdivision pertaining to the length of time it maintains custody of a cash deposit or the length of the effectiveness of a surety bond. (g) Contents of Permits. (Amended by Ord. No. 182,237, Eff. 9/28/12.) A permit issued by the Bureau of Engineering pursuant to the provisions of this Section may impose conditions and requirements for its use, including but not limited to specifying the type of backfill material used, the backfilling method, special City inspections of the permitted work, and the manner in which a surface cut is to be made. (h) Compliance with Conditions of Permits Required. (Amended by Ord. No. 182,237, Eff. 9/28/12.) All conditions imposed upon a permit by the Bureau of Engineering must be complied with, and no person shall fail, neglect or refuse to comply with any term or condition contained in any permit issued pursuant to the provisions of this Section. (i) Duration of Permit. (Amended by Ord. No. 182,237, Eff. 9/28/12.) Every permit issued pursuant to the provisions of this Section shall expire unless the permitted excavation has begun within six months from the date of issuance of the permit, and the Bureau shall not grant any extensions of time in which to begin the work. Once permitted excavation work has begun, the work must be diligently prosecuted to completion. If excavation work has not begun within six months from the date of issuance of a permit issued pursuant to the provisions of this Subsection, the permit is cancelled and the Bureau of Engineering shall impose and collect a fee pursuant to the provisions of Section 62.05(a)(1). (j) (Repealed by Ord. No. 182,237, Eff. 9/28/12.)

14 (k) (Repealed by Ord. No. 182,237, Eff. 9/28/12.) (l) (Repealed by Ord. No. 182,237, Eff. 9/28/12.) (m) (Repealed by Ord. No. 182,237, Eff. 9/28/12.) (n) (Repealed by Ord. No. 182,237, Eff. 9/28/12.) SEC EXCAVATIONS IN AND ADJACENT TO STREETS LOCATIONS AND RESTRICTIONS. (Amended by Ord. No. 150,478, Eff. 2/6/78.) (a) Restricted Area. The area in a street between the face of an existing or future curb and four feet back of such curb face is reserved for use by the Department of Public Works. Installation of facilities within, or other use of, this area will not be permitted except as provided herein. The Board may issue permits as provided in Section for installations in or use of this area. Such permits are subject to revocation by the Board at any time it becomes necessary to construct a public work of any kind within the area. EXCEPTION: Restriction on the use of such area will not apply to service connections, meters, pole installations, or City-owned facilities used for governmental purposes. However, the installation of poles may not be permitted, or poles being maintained in street areas may be ordered removed, when territory adjacent to such street is provided with a public alley or with an easement or private right of way specifically set aside for the purpose of erecting poles therein. Poles which are erected and maintained in streets shall be set as close as practicable to the back of the curb unless some other point is approved or designated by the Board. (b) Depth of Substructure Installations. (Amended by Ord. No. 150,478, Eff. 2/6/78.) All service pipes, main line pipes, conduits, ducts, tunnels, or other structures, except manholes and vaults, shall be installed in a manner so that all parts thereof located: (1) in a roadway or alley are at a depth of at least 24 inches below the established grade of the gutter of such roadway or alley; (2) in the roadway of a major or secondary highway are at a depth of at least 30 inches below such grade; (3) in an area back of an existing or proposed curb in any public street, place or easement are at a depth of at least 16 inches below the surface. Notwithstanding the above requirements, any such new or relocated installation intended to carry unstable substances shall be constructed at a depth of at least 42 inches below the established grade of the gutter of such roadway or alley. EXCEPTION: If, by reason of the existence of other installations or the proposed construction of any public work, a proposed installation cannot be made below the minimum depths stated above, the Board may, upon presentation of evidence of the necessity therefor or because of the public benefit to accrue therefrom, grant a permit for an installation at a lesser depth. (c) Tanks. 1. Permits Required. No person shall install any storage tank in any public street without obtaining a permit from the Board to do so in compliance with the provisions of Section The issuance of a permit by the Board to excavate in a public street for the purpose of installing an underground storage tank in no way relieves such permittee of the necessity of obtaining an additional permit for such installation from the Fire Department and complying with all applicable provisions of Article 7 of Chapter 5 of this Code. 2. Agreement to Remove. Permission to maintain a tank in a public street may be revoked by the Board at any time, and upon such revocation, the tank shall be removed. As a condition precedent to the issuance of a permit to install such a tank in a public street, the applicant shall record with the County Recorder of the County of Los Angeles an agreement, approved as to form by the City Attorney, holding the City harmless from any claims arising out of the use of such tank, and setting forth the duties and responsibilities of the owner of the adjacent property to remove the tank without expense to the City when so ordered by the Board. Such agreement shall be a covenant running with the land and binding upon the owner and his successors, heirs and assigns. 3. Abandonment of Tanks in Place. When not contrary to the public health, safety or welfare, the Board may allow the installation to be only partially removed, and the balance to be abandoned in place, or may permit an unused tank to be filled as provided in Article 7 of Chapter 5 of this Code, and to be abandoned in place. 4. Board May Remove or Abandon Tanks. If within 20 days after service by the Board of a notice to remove or fill an underground storage tank, the owner or his heirs, successors, or assigns as the case may be, fails, refuses, or neglects to remove or fill such tank, as directed by the Board, the Board may perform the necessary work and recover the cost of the work from such person.

15 5. Maximum Capacity of Tanks. The maximum capacity of any storage tank that may be installed in a public street is 4000 gallons. (d) Tunnels. 1. Rights of Franchise Holders. No tunnel structure shall be constructed in any location or any manner which will prevent the lawful use or occupation of a street by persons occupying it under the authority of lawfully existing franchises. 2. Inspection of Tunnels. Every tunnel structure constructed shall be subject to inspection at all times by the City Engineer and the Board. 3. Revocation of Permission to Maintain Tunnels. Permission granted for the construction of a tunnel structure in a public street may be revoked by the Board at any time; and the City reserves the right to resume possession of any portion of any street occupied by a tunnel structure at any time the Council determines that such is necessary or advantageous to the use of the street by the City. 4. Installation of Machinery in Tunnels. Machinery, boilers, or engines shall not be placed in any tunnel structure constructed under the surface of any street except that, subject to the approval of Council, conveyor systems may be installed within such tunnel structures. (e) Location Maps and Plans. (Amended by Ord. No. 150,478, Eff. 2/6/78.) The person owning, using, controlling or having an interest in any subsurface installation, other than a service connection, in any public street shall file with the City Engineer within 60 days after the completing of such installation, a corrected set of maps or atlas sheets showing the installation. Such map shall be drawn to a scale of not more than 200 feet to the inch. In the event such subsurface installation is for the purpose of carrying an unstable substance, as-built plans and profiles, showing the location, depth and size of the completed installation, in a manner acceptable to the City Engineer, shall also be submitted within said 60-day period. Whenever such subsurface installation in a public street or sidewalk is abandoned or the use thereof is discontinued, the person owning, using, controlling or having an interest therein shall, within 60 days after such abandonment, file with the City Engineer a map showing in detail the location of the abandoned installation. SEC NOTIFICATION AND LOCATION REQUIREMENTS. (Added by Ord. No. 150,478, Eff. 2/6/78.) Each permittee shall ascertain the location of any subsurface installation within the street at or adjacent to the location of the permittee s proposed excavation and shall further ascertain whether any such installation carries an unstable substance. Before any work of excavation is commenced, the permittee shall, at least two working days before the commencement of such work, notify the owner of any subsurface installation as to the location of the permittee s proposed excavation and the date and time when work is scheduled to commence, or shall notify any central clearing house established for such purpose, or both, as such notification may be directed by the City Engineer. In the event the proposed excavation is ascertained to be adjacent to and within six feet of the location of a subsurface installation carrying any unstable substance, the permittee shall cause potholes to be excavated as follows: 1. Where any such subsurface installation crosses a street transversely at the location of the proposed excavation, at least two potholes shall be excavated at each such transverse crossing; and 2. Where any such subsurface installation runs longitudinal to the street, potholes shall be excavated at intervals of 100 feet. Potholes shall be excavated at closer intervals than 100 feet or in excess of the minimum number required at transverse crossings if such additional potholes are needed in order to adequately locate any such subsurface installation. Power tools shall not be used for excavating potholes except for breaking pavement. Other approved locating methods may be substituted for potholing provided that the permittee has first obtained written permission therefor from the City Engineer. The permittee shall hold harmless and indemnify the City, its officers agents and employees of and from any and all liability or responsibility for any property damage or loss or injury or death to any person arising out of or occurring as the proximate result of any of the excavation. SEC SPECIFICATIONS AND PROCEDURES FOR ABOVE GROUND FACILITIES INSTALLATIONS IN THE PUBLIC RIGHTS-OF- WAY. (Added by Ord. No. 175,014, Eff. 1/29/03; Renumbered as Sec by Ord. No. 182,237, Eff. 9/28/12.) SEC FINE FOR NON-COMPLIANCE. (Added by Ord. No. 175,014, Eff. 1/29/03; Renumbered as Sec by Ord. No. 182,237, Eff. 9/28/12.) SEC APPEAL FOR VIOLATION OF ABOVE GROUND FACILITY, SPECIFICATION AND PROCEDURES.

16 (Added by Ord. No. 175,014, Eff. 1/29/03; Renumbered as Sec by Ord. No. 182,237, Eff. 9/28/12.) SEC EXCAVATION IN AND ADJACENT TO STREETS - PERFORMANCE OF THE WORK (Amended by Ord. No. 171,924, Eff. 3/27/98.) (a) Work Subject to Provisions Governing Performance. Performance of work authorized by an excavation permit issued under the provisions of Section shall be governed by the provisions of this section. EXCEPTION: Performance of work in connection with the installation of sewer or storm drain connections shall be governed by the provisions of Section and performance of work being done under the Permit A and Permit B provisions of this article or under contract with the Board is governed by the provisions of the current Standard Specifications of the Department of Public Works. (b) Notification of Start of Work. The permittee shall notify the Bureau of Contract Administration, not less than one working day prior to starting work on any excavation which will extend 100 square feet or more in area and is governed by the provisions of this section. In the case of an excavation being made by a department of this City, such notification shall be made by the responsible supervisor. (c) Prosecution of Work. Unless otherwise provided in special conditions on the permit governing the dates and hours during which work is to done, the work of making and refilling an excavation shall be prosecuted diligently and continuously until completion so as not to obstruct traffic on any roadway or sidewalk longer than is actually necessary. If the responsible party shall fail, refuse, or neglect to promptly refill any excavation or to promptly perform any other necessary work, the Board may perform such work, and in cases where funds are on deposit with the City in connection with the permit under which the excavation or work is being performed, the cost of the work performed by the Board may be deducted from such deposit. (d) Permits to Be Kept on Job Site. Except for work being done prior to the issuance of a permit as authorized by the emergency provisions of Subdivisions 6 of the Subsection (a) of Section 62.02, the original or a copy of any permit for the making and backfilling of an excavation shall be kept at all times while work is in progress at the location for which such permit was granted. Upon demand, such permit shall be shown to any member or inspector of the Board or to any police officer. (e) Lateral Support. All excavations shall be performed and all facilities constructed and maintained so as to afford lateral, sublateral, adjacent, and overhead support to the surrounding embankments and structures. The approval of any plans submitted or the issuance of a permit does not relieve the permittee from full responsibility for any damage or injury caused by his operations. Neither the City nor any of its officers or employees shall be liable or responsible for any such damage or injuries. (f) Safety. All work in any public street, public place, or public easement shall be performed in strict accordance with the safety provisions of Title 8 of the State of California Administrative Code. Failure by a permittee to adhere to such safety provisions will be cause for the Board to impound the deposit or bond submitted by the permittee in compliance with Section until all charges by the City have been met. (g) travel. Methods of Removal. No material shall be removed from any street in any manner which would render such street impassable or dangerous to public (h) Excavations Through Cement Surfaces. When an excavation is to be made through a sidewalk or other Portland cement concrete surface, all work shall be done in accordance with the latest specifications established by the Board or the City Engineer. (i) Provisions for Traffic Safety. Unless otherwise authorized by the Board, anyone making an excavation in any roadway or sidewalk shall provide and maintain safe crossings for vehicular and pedestrian traffic. Crossings for vehicular traffic shall be made at all street and alley intersections. If an excavation is made across an alley, or the roadway portion of any other street, at least one safe crossing for vehicles shall be provided and maintained. Pedestrian crossings shall be separate from vehicular crossings and shall be provided with handrails. One such pedestrian crossing shall be provided at each street intersection, and at intervals of not more than 300 feet. If an excavation is made across the sidewalk portion of any street, a crossing for pedestrians shall be provided and maintained. Additional traffic provisions, particularly in important traffic arteries, may be specified by the City Engineer. Provisions so specified will become a condition of the permit and be binding upon the permittee. (j) Traffic Control in Work Areas. Warning signs, barriers, barricades, guidance devices and lights, shall be furnished, placed, and maintained in conformance with the current manual entitled Work Area Traffic Control Handbook (WATCH) approved by the Board. If the warning signs, lights, and devices required under this section are not promptly provided, the Board may provide them; the cost of such work performed by the Board may be recovered in the manner provided in Section 62.05(a) of this Code. (k) Site Maintenance. (1) Access to Hydrants and Water Valves. Free access must be provided at all times to all fire hydrants and water valves.

17 (2) Confinement of Excavated Material. When excavated material is placed adjacent to the excavation, it shall be placed in such a manner as to economize space and minimize interference with traffic. If necessary, such material shall be confined by suitable bulkheads or other devices. If the street is not of sufficient width to hold excavated material without using part of an adjacent walkway, a passageway at least one-half the width of such walkway shall be kept open at all times. (3) Maintenance of Gutters. All gutters shall be maintained free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of such curb at the gutter line. Whenever a gutter crosses an intersecting street, an adequate waterway shall be provided and maintained. (l) Backfilling. Unless a specific backfill material is required on the permit, backfill material, installation and compaction shall be in accordance with the latest standards and specifications established by the Board or the City Engineer. (m) Resurfacing. (1) Temporary Resurfacing. Except as otherwise provided herein, after completion of backfilling operations, the portion of the paved surface of any public street or public place excavated or damaged shall be immediately resurfaced with temporary resurfacing material by the permittee. Temporary resurfacing shall consist of premixed bituminous material conforming to the specifications for material to be used for such purpose contained in the current Standard Specifications of the Department of Public Works. Such resurfacing after compaction shall be not less than one inch thick in sidewalk areas and not less than two inches thick in driveway and roadway areas. Its surface after compaction shall conform to the finished surface of the roadway or sidewalk. The material shall be compacted so that it is dense and smooth enough to be safe for either pedestrians or vehicular traffic as the case may be, at the maximum speed permitted by law. (2) Maintenance of Temporary Resurfacing. The permittee shall maintain the surfacing so that it is safe for pedestrian or vehicular traffic until the excavation is permanently resurfaced. If it is impracticable to maintain the surface of the backfill in a safe condition for pedestrian travel or vehicular traffic, the permittee shall maintain barriers and lights around it until the excavation has been resurfaced. (3) Permanent Resurfacing by City. Unless otherwise authorized herein or specifically authorized by the Board and indicated by the permit, the improved surface of a street excavated or damaged in connection with work being performed by authority of a permit issued under the provisions of Section will be permanently surfaced by the permittee. The permittee shall mark each such resurfacing in the manner prescribed by the City Engineer and shall be responsible for the integrity of such resurfacing for a period of five years from installation. (4) Permanent Resurfacing by Permittee. In cases where permanent resurfacing by permittee is required, the permanent resurfacing may be placed immediately in lieu of placing and maintaining temporary resurfacing. The Board may require the area to be permanently resurfaced immediately after completion of the backfilling where such is practical and in the interest of the public safety and welfare. Such requirement shall be specified on the permit. A utility issued a permit for the drilling of leakage detection holes shall make immediate repair to said holes with its own crews, at its own expense, and in the manner prescribed by the Board. When an excavation is made to install, remove, or abandon a pole or a structure which forms a portion of the finished surface of a sidewalk or concrete driveway, in lieu of the placement of temporary resurfacing, the person or department of the City making the excavation may permanently restore the surface of the sidewalk or driveway to the nearest scoring line of the square or squares of which the pole does or did occupy or the structure forms or did form a portion of the finished surface. All such restoration shall be made by removing and replacing the entire portion of the walk or driveway between the nearest scoring lines. The surface of an alley may be similarly restored when the purpose of the excavation therein is the installation, relocation or removal of a pole or pole anchor. Construction of the walk, driveway or alley surface shall be done in accordance with the current Standard Specifications for Public Works Construction. (5) Permit Required for Resurfacing by Permittee. Except as provided herein, all permanent resurfacing done by permittee in connection with a permit issued under the provisions of Section 62.02, shall be done under a Class A permit secured in compliance with Section of this Code. All permits obtained for street excavations and subsequent resurfacing activities shall not be in lieu of but in addition to all permits required pursuant to Sections 62.02, 62.04, and the Street Damage Restoration Fee Ordinance contained in the L.A.M.C. SEC EXCAVATIONS IN AND ADJACENT TO STREETS CHARGES. (Amended by Ord. No. 121,900, Eff. 6/4/62.) (a) Excavation Permit Fees. (Amended by Ord. No. 182,237, Eff. 9/28/12.) 1. Fixed Fee Permits. For an excavation of 1,000 square feet of area or less, except for fees subject to the provisions of Subdivision 2. of this Subsection, the Bureau of Engineering shall charge and collect the following permit and inspection fees:

18 (aa) Excavation Utility (U) Permit. Excavation utility (U) permits are issued to public utilities regulated by the Public Utilities Commission of the State of California, and except for permits subject to the provisions of Subdivision 2. of this Subsection, the fee to process an excavation (U) permit is $185. The fee to inspect each U permit of an excavation area of 99 square feet or less is $114, and the fee to inspect an area of more than 99 square feet but less than 1,000 square feet is $2.20 per square foot. (bb) Excavation (E) Permit. Except for permits subject to the provisions of Subdivision 2. of this Subsection, the fee to process an excavation (E) permit is $425. The fee to inspect each E permit of an excavation area of 99 square feet or less is $114, and the fee to inspect an area of more than 99 square feet but less than 1,000 square feet is $2.20 per square foot. (cc) Special Inspection Charges. In addition to the fees identified in Paragraphs (aa) and (bb) of this Subdivision, the Bureau of Engineering may, when the Bureau of Engineering or the Bureau of Contract Administration determines that additional inspections beyond those ordinarily required in overseeing work permitted by an excavation utility (U) permit or excavation (E) permit are required, charge a fee for additional inspections. The fee for conducting additional inspections pursuant to the provisions of this Paragraph is $95 per hour, except that there will be a minimum four hour charge of $380 for inspections on weekends or on any day determined to be a holiday pursuant to the provisions of Section of the Los Angeles Administrative Code. The charges authorized by this Paragraph shall apply to all fixed fees imposed or collected by the Bureau of Engineering for the issuance or administration of any permit authorized by this Code where the Bureau of Engineering or the Bureau of Contract Administration requires inspections in addition to those paid for by the underlying fee. 2. Actual Cost Permits. The fee to process a (U) or (E) excavation permit for an excavation of more than 1,000 square feet in area, or to process a (U) or (E) excavation permit for an excavation of 1,000 square feet or less in area where the Bureau of Engineering determines that due to the complexity of the permitted work it would cost more to issue and administer a permit than would be collected pursuant to the provisions of Subdivision 1. of this Subsection, is the actual cost of services provided by the City for issuance and oversight of the permit and the permitted project, except for costs that may be incurred by a Proprietary Department subject to the provisions of Article VI of the City Charter, and except for the Street Damage Restoration Fee and the Slurry Seal Damage Restoration Fee. The actual cost determination shall include, but not be limited to, all direct and indirect labor costs, retirement and overhead costs, costs for plan checking and engineering services, project inspection costs, and the costs of testing materials. Before the Bureau of Engineering may issue a permit subject to the provisions of this Subdivision, the applicant must deposit with the Bureau an amount that the Bureau estimates will be the actual costs owed pursuant to the provisions of this Subdivision. For permits and projects that are subject to the provisions of this Subdivision, if before completion of the permitted project the Bureau of Engineering determines that additional funds are needed to compensate the City for the actual cost of issuance and oversight of the permit and permitted project, the City may halt all work on the project for which the application was made and require the applicant to pay the amount that the Bureau estimates will be needed to compensate the City for the actual cost of providing its services. At the conclusion of providing the requested services, if actual costs to the City are less than the amount deposited, the applicant shall be refunded the difference. The City shall not approve any permitted project until all monies owed pursuant to the provisions of this Subdivision are paid. Notwithstanding the first sentence of this Subdivision, the City reserves the right to impose additional fees and charges for services provided or costs incurred that were not included in the basis of the determination of the actual cost of City services. 3. Tie-Back Fees. In addition to the fees imposed pursuant to the provisions of Subdivisions 1. and 2. of this Subsection, the following fees shall apply to excavations requiring shoring that contain tie-backs: (aa) For each tie-back installed in a public right-of-way, a fee of $605. (bb) For each de-tensioned anchor rod left in place less than 20 feet below the street surface within a public right-of-way, a fee of $2, Resurfacing Charges. When an excavation subject to the provisions of Paragraph (bb) of Subdivision 1. of this Subsection requires the resurfacing of public streets or alleys, or replacing sidewalks, curbs or gutters, the Bureau of Engineering shall charge and collect applicable fees identified in Subsection (b) of Section (b) Resurfacing Charges. 1. Schedule of Fees. (Amended by Ord. No. 157,341, Eff. 2/13/83.) aa. The Board, with concurrence of the Director of the Office of Administrative and Research Services (Amended by Ord. No. 173,363, Eff. 7/29/00, Oper. 7/1/00.) shall determine on a regular basis, the verifiable costs of the City for services provided by the City whenever the improved surface of an excavated or damaged street is replaced by the Board, or the restoration of an unimproved surface of a street is subject to inspection by the Board. Those costs shall be used by the Board to develop, and at any time during each fiscal year but not later than April 1 the Board shall adopt a cost recovery schedule of applicable charges necessary to recover City costs of inspection and other services performed with respect to a specific type of work or improvement. For the purposes of this section, the word excavation, or any derivation thereof, shall mean each single continuous broken surface area of a street, sidewalk, driveway, curb, pavement or gutter. The schedule of charges shall be based upon verifiable costs of surface replacement or restoration, including inspection costs, direct labor and

19 material costs, retirement costs on direct labor, and departmental and general City overhead applicable to the inspection or the type of work or improvement involved. It shall take into consideration the number of permits issued and affected by those charges within the period of time used for reference in the development of charges. Charges for unimproved areas or areas permanently resurfaced by a permittee, for asphalt concrete pavement, for concrete pavement, gutter, or driveway, and for concrete sidewalks shall be measured at a rate per square foot; for concrete curbs at a rate per linear foot; and for leakage detection holes and for stake holes, at a rate for each hole. The schedule shall also provide for, and the Board shall collect, a minimum charge applicable to each particular type of work or improvement otherwise in effect under the schedule. The minimum charge shall be calculated on the following basis: (1) For unimproved areas or areas permanently resurfaced by a permittee, a minimum charge equal to the City charge in effect for a unit of 100 square feet of such work; (2) For asphalt concrete pavement, and for a concrete pavement gutter, driveway, or sidewalk, a minimum charge equal to the City charge in effect for a unit of 10 square feet of such work; (3) For concrete curb, a minimum charge equal to the City charge in effect for a unit of 3 linear feet of such work; and (4) For leakage detection and stake holes, a minimum charge equal to the City charge in effect for a unit of 4 holes. bb. Upon the adoption of a schedule of verified costs by the Board as provided herein, the Board shall transmit copies of the Board order to the Mayor and to the City Council. At any time within 30 days after the receipt of the Board order, the Mayor, by writing, or the Council, by majority vote, may disapprove the Board order. If neither the Mayor nor the City Council disapproves the Board order within the 30-day period, the schedule shall become effective, and the Board shall collect charges according to the new schedule. 2. Minimum Charge for Each Type of Resurfacing. The minimum charge for each permit to cover the cost of inspection of the restoration of unimproved areas will only be made when no other type of resurfacing is included in the permits. If another type of resurfacing is included, the charge for inspection of the restoration of unimproved areas will be based upon the actual area excavated times the unit charge for such inspection. The minimum charges for all other types of resurfacing will be made, when applicable, whenever any such resurfacing is actually placed regardless of whether one or more types of resurfacing is involved. 3. Minimum Charge for a Permit. On permits issued where no resurfacing is actually done, a minimum charge of $31.00 will be made. The fee herein shall be adjusted, if required, in order to recover the City s administrative costs, and adopted in the same manner as provided in Section I.1. of the Los Angeles Municipal Code for establishing fees. (Amended by Ord. No 168,734, Eff. 5/31/93.) (c) (Repealed by Ord. No. 182,237, Eff. 9/28/12.) (d) (Repealed by Ord. No. 182,237, Eff. 9/28/12.) (e) (Repealed by Ord. No. 182,237, Eff. 9/28/12.) (f) (Repealed by Ord. No. 182,237, Eff. 9/28/12.) (g) (Repealed by Ord. No. 182,237, Eff. 9/28/12.) SEC ESTABLISHMENT OF A STREET DAMAGE RESTORATION FEE. (Added by Ord. No. 171,922, Eff. 3/27/98.) A. Any person, corporation, agency, or entity including any Department, Bureau, or Agency of the City of Los Angeles or any other governmental agency or authority that is required to obtain a permit to excavate or do other work in the public streets or alleys under Los Angeles Municipal Code Sections 62.02, 62.04, , or shall pay a Street Damage Restoration Fee. At the time of obtaining any permit required under this Code, a Street Damage Restoration Fee in an amount established by Resolution adopted pursuant to this Ordinance by the City Council shall be paid to the City for deposit into the Street Damage Restoration Fee Special Fund. No portion of this ordinance shall be construed to require that the Bureau of Street Maintenance will obtain permit authority to accomplish its normal work program which includes maintenance, construction and reconstruction activities within public rights-of-way and easements. 1. (Added by Ord. No. 174,021, Eff. 7/23/01.) Any entity identified in Paragraph A of this Section may qualify for an exemption from the Street Damage Restoration Fee for street cuts made up to twenty-three (23) months prior to scheduled resurfacing by doing the following: (a) Reviewing the City s five-year Street Master Plan and one-year Street Specific Plan prepared by the Director of the Bureau of Street Services (Bureau) prior to applying for an excavation permit, and (b) Preparation and submission to the Bureau of a five-year master plan, with a one- year specific plan, due by April 15 of each year, in a format specified by the Bureau. Such plans must include the following:

20 (i) The location of the entity s existing facilities in City streets, alleys, sidewalks and other public places; and (ii) A description of all of the entity s planned major work for City streets, alleys, sidewalks and other public places. 2. (Added by Ord. No. 174,021, Eff. 7/23/01.) Thereafter, in order to continue to qualify for the Street Damage Restoration Fee exemption: (a) Each entity shall submit annually a revised and updated master and specific plan; and (b) All cutting of streets and alleys must take place within twenty-three (23) months prior to City-planned resurfacing or rehabilitation projects as presented in the City s Street Master Plan and Street Specific Plan. B. The City Council shall establish, from time-to-time by resolution, the amount of the Street Damage Restoration Fee. The amount of this fee shall not exceed an amount reasonably necessary to recover the estimated costs for all future maintenance, repair, reconstruction or resurfacing that would be necessary to fully mitigate the damage and degradation caused by the excavation to the pavement located over and/or adjacent to the trench where the excavation occurs. The fee shall be highest for excavations in newly surfaced streets and shall decrease as the age of the street surface being excavated increases. Further, the resolution may establish excavation moratoria or other paving regulations for newly resurfaced streets. In addition to the Street Damage Restoration Fee or the Slurry Seal Damage Restoration Fee, the Bureau of Engineering shall charge and collect a fee of $18 for the cost of calculating and collecting the Street Damage Restoration Fee or the Slurry Seal Damage Restoration Fee. The calculation for the fee shall be revised as necessary by the Board of Public Works in the same manner as provided in Section I.1. of this Code for establishing fees. (Amended by Ord. No. 182,237, Eff. 9/28/12.) C. The Street Damage Restoration Fee established herein is in addition to any other fee required by this Code and is in addition to any special backfill, compaction and pavement replacement or other requirements imposed by this Code or by the Department of Public Works as a condition of a permit. D. Excavation in streets scheduled for repaving under the Departmental Annual Resurfacing Program within one year of the proposed excavation shall be exempt from the restoration fee. The Public Works Department will endeavor to notify entities of the streets scheduled under the Program. Entities making pavement cuts within the one year period must repave the entire street block from curb face to curb face. Exceptions may be made when it can be sufficiently demonstrated to the Director, Bureau of Street Services that the City s 30 day notice of a scheduled street resurfacing project was not mailed to the correct property owner of record at the time of notification, and the adjacent property owner made significant efforts to promptly notify the Bureau of Street Services of any planned street excavations. The adjacent property owner would be required to obtain the applicable permits and repave the excavated area. (Amended by Ord. No. 175,525, Eff. 11/16/03.) SEC SPECIFICATIONS AND PROCEDURES FOR ABOVE GROUND FACILITIES INSTALLATIONS IN THE PUBLIC RIGHTS-OF-WAY. (Added by Ord. No. 175,014, Eff. 1/29/03; Renumbered from Sec by Ord. No. 182,237, Eff. 9/28/12.) The following Above Ground Facilities Specifications and Procedures (AGFSP) shall govern the approval process for the installation of above ground facilities (AGFs) in the public rights-of-way. I. AGF Definition: The AGF shall be defined as all structures, cabinets, electric meters, and any other appurtenance installed for telecommunication or utility purposes above surrounding grade in the public rights-of-way. For the purposes of reviewing allowable AGF Applications, all structures, cabinets, electric meters, and any other appurtenances that share a common structural foundation shall be defined as one AGF. All structures, cabinets, electric meters, and any other appurtenances required to operate a facility, but that do not share a common structural foundation, shall be considered a separate AGF installation. The number of separate AGF installations shall be based on the number of separate structural foundations installed when the facility is fully operational. ADA: The Americans with Disabilities Act (ADA) was signed into law on July 26, The ADA includes a wide range of legislation intended to make American Society more accessible to people with disabilities. It is divided into five titles, one of which is Public Accommodations (Title III). Title III states that all new construction and modifications must be accessible to individuals with disabilities. For existing facilities, barriers to services must be removed if readily achievable. Design Review Board: In approximately one-third of the City s Specific Plans, development plans must be reviewed and approved by a Design Review Board. This Board is composed of members appointed pursuant to Section of the LAMC. Major Highway: A Major Highway is a street classification designated under the Transportation Element of the General Plan for the City of Los Angeles. A street designated a Major Highway is projected to carry more than 30,000 average daily trips by the year The current standard right-of-way cross sectional width of such a street is 104' or greater and includes a 12' wide sidewalk/parkway, 13' curb lane, 4 to 6 full-time through lanes, 2 part-time parking lanes, and I median/left turn lane. Note: certain Community Plans and Specific Plans within the City of Los Angeles have established modified designations and/or standards for some specific highways or highway segments. Public Rights-of-Way: Land that is dedicated for public use including but not limited to: improved public streets, sidewalks, curbs, gutters, public utility easements, parkways. etc., as well as dedicated unimproved areas. Secondary Highway: A Secondary Highway is a street classification designated under the Transportation Element of the General Plan for the City of Los

21 Angeles. A street designated a Secondary Highway is projected to carry between 20,000 and 30,000 average daily trips by the year The current standard rightof-way cross sectional width of such a street is 90' and includes a 40' wide sidewalk/parkway, 19' curb lane, 4 full-time through lanes, all-day parking, and I median/left turn lane. Note: certain Community Plans and Specific Plans within the City of Los Angeles have established modified designations and/or standards for some specific highways or highway segments. Utility Pole: A utility pole is defined as any pole which is used to support power, telephone, or other suspended telecommunications wires, and shall not include monopoles or antennas. II. General Restrictions: A. Below Grade Requirement: All AGFs shall be installed below surrounding grade in each of the following areas: 1. City Planning Specific Plans (SP) as defined in LAMC Sec unless specifically exempted by the Board of Public Works. 2. Historical Preservation Overlay Zones (HPOZ) as defined in LAMC Sec Areas adjoining sites that have been designated as having historic significance. Historic sites are those identified as ZI 145-XXXX on the City of Los Angeles Zoning Map. 4. Areas adjoining Open Space (OS) Zones as defined in LAMC Sec Along Scenic Highways as designated in the Transportation Element of the General Plan as developed by the City of Los Angeles City Planning Department. 6. Pedestrian Oriented Districts (POD) as defined in LAMC Section Community Design Overlay Districts (CDO) as defined in LAMC Section Areas that have been designated by the Board of Public Works, upon the recommendation of the City Council, as underground AGF areas. The Board of Public Works may make this designation only in areas where all existing AGFs, as defined in Parts I. and IX.C, are currently underground or are required to be installed underground by law or contract. (Added by Ord. No. 175,366, Eff. 9/1/03.) B. Hardship Waiver: The provisions of Section II.A requiring installation of AGFs below grade may only be waived if the Board of Public Works finds that hardship would result from the imposition of these requirements. Hardship occurs when placing the AGF below grade is technically or financially infeasible and all reasonable alternatives have been exhausted. The Bureau of Engineering shall process an application for a hardship waiver within 45 days of submission. The 45-day process deadline shall commence when BOE verifies the application is accurate and complete. If the proposed AGF is located within an applicable SP, HPOZ, POD, or CDO, the applicant shall first submit an application to the City of Los Angeles Planning Department for approval. The Planning Department approval shall be based on the recommendations of the appropriate Design Review Board or HPOZ Board and must be obtained prior to submittal of the hardship waiver request to the Bureau of Engineering (BOE). The City Engineer, upon request of the Review Board or City Planning, shall participate in any public meetings pertaining to an AGF installation hardship waiver in an advisory role regarding BOE Policy and the AGFSP. C. Board Reports on Waiver Requests: BOE staff shall prepare a Board Report regarding the application for a hardship waiver for consideration by the Board of Public Works. The Board Report shall include all of the following: 1. A report prepared by the applicant detailing the technical infeasibility of complying with the AGFSP. If the applicant alleges financial infeasibility, a report prepared by the applicant detailing the financial infeasibility of complying with the AGFSP, including details on the estimated comparative cost of constructing the AGF aboveground and underground. 2. A report prepared by, BOE that documents all comments received by those parties notified per Section VIII.D, including the Council District Office in which the AGF installation is proposed. 3. A report prepared by the applicant containing evidence of the investigation of all reasonable private property alternatives and justification for not selecting any of those alternatives, if the proposed facility is within 200 feet of a commercial or manufacturing zone, C2, C4, C5, CM, MR1, M1, MR2, M2, and M3, as defined by LAMC Sections 12.14, 12.16, 12.17, , , , 12.18, 12.19, and 12.20, respectively. At least two private property alternatives must be documented to satisfy this requirement. 4. A map prepared by the applicant indicating the service area for the proposed AGF, which demonstrates that no less than 50% of the AGFs benefit shall be specifically intended to service customers in the restricted area. 5. A statement by BOE Staff that the applicant has completed all other requirements of the AGFSP, including copies of any reports or

22 comments from the Planning Department. D. Above Ground Allowance: The AGF may be located above surrounding grade in the public rights of way in all locations not falling under the restrictions of Section II.A. All AGF applications for locations outside the restricted areas shall be subject to all other applicable requirements of the AGFSP. III. Permit Requirements for AGF Installations: A. Requirements for Utilities: All excavations in and adjacent to streets require a excavation permit per LAMC Sec Entities that have the authority to occupy the public rights-of-way by virtue of a state granted certificate of Public Convenience and Necessity shall comply with the AGFSP and obtain a Utility Permit to install an AGF. Compliance with the AGFSP and approval of the Utility Permit are required prior to the start of any AGF installation work. B. Requirements for Non-utilities: Entities that do not have the state authority to occupy the public rights-of-way, shall comply with the AGFSP and obtain a Revocable Permit and Excavation Permit to install an AGF. Compliance with the AGFSP and approval of the Revocable and Excavation Permit are required prior to the start of any AGF installation work. C. AGF Installation Requirements: An applicant may apply for one to ten AGF installation permits per Utility, Revocable, and/or Excavation Permit application. The Bureau of Engineering shall process the first AGF permit request within 30 days of submission, and may take up to two additional days for each additional AGF permit request submitted as part of the application. The 30 day deadline shall commence when BOE verifies the permit request is accurate and complete. The review period may be extended as necessary if the permit application includes hardship waivers or variances, as described in Section II.B, Section V.B, and Section V.H. The request for an AGF installation permit shall be deemed complete upon submission of the following: 1. Site and or Landscaping Plan to scale, elevation drawings, before installation photographs showing the location of the proposed AGF, renderings of the installed AGF with appurtenances including power meter boxes and surrounding landscaping elements. Also required are specifications and dimensions pertaining to existing street improvements, parkway alignment, proximity to buildings, view corridors, potential noise levels, and details necessary to determine compliance with the aesthetic and public safety requirements of the AGFSP. 2. Identification of structures, cabinets, electric meters, or any other appurtenance proposed to be installed above the existing surrounding grade. 3. Mailing address labels of adjoining lots, abutting lots, lots across the public right-of-way from adjoining and abutting lots as defined in Attachment A,* relevant Council District Offices, neighborhood councils, and homeowner associations. 4. The zoning regulations of adjoining lots promulgated by the City of Los Angeles Planning Department and the number of existing AGFs in the city block in which the AGF is proposed. 5. Cultural Affairs Commission (CAC) approved AGF model with cabinet treatment details, cabinet dimensions and AGF volume size. 6. The name and address of the AGF owner, contact telephone numbers, the address, and location of the AGF installation, and any other information pertaining to the maintenance of the AGF. 7. Graffiti Mitigation Plan as defined in Section V.E. IV. Permit Fees: A. Deposit: A deposit in the amount of $1,000 per AGF installation permit shall be made by the applicant to cover the cost of processing AGF permits prior to the start of permit processing. BOE staff shall create a Work Order and credit the deposit amount to the Work Order. If charges by BOE Staff exceed the deposit amount, the applicant shall deposit additional funds to continue permit processing. B. Hardship Waiver Deposit: Due to the additional time and effort required to review a hardship waiver request, an additional $1,000 deposit shall be submitted for each hardship waiver. C. Charges: City staff time used to process permit applications containing AGF installations, variance requests, and AGF mapping shall be charged to the AGF applicant Work Order. Specifications V. Aesthetic Requirements: A. Visual Impact: The applicant shall demonstrate that the AGF installation site meets the aesthetic requirements of the AGFSP. The AGF installation should not obstruct street scape views, view corridors existing in the public rights-of-way, view corridors of neighboring lots, or view corridors from the public rights-of-way. B. AGF Volume Threshold: The AGF shall have a maximum volume threshold of thirty-six (36) cubic feet. The AGF volume shall include the

23 combined volume of all cabinet enclosures that share a common foundation or platform. The AGF volume shall not include the volume of the foundation or platform supporting the cabinet that is above the existing surrounding grade. The maximum AGF height shall be five and one-half feet (5' 6"). The minimum AGF height shall be two and one half feet (2' 6"). The Board of Public Works may grant a variance from the AGF volume and height limitation if all of the following conditions exist: 1. Suitable measures consistent with the aesthetic guidelines of this report mitigate the excessive AGF volume. 2. The applicant demonstrates that no financially or technically acceptable alternative exists that complies with Section V.B. 3. The cabinet design has been approved by the Cultural Affairs Commission. BOE shall prepare a Variance Board Report for consideration of the applicant s variance request by the Board of Public Works. The Bureau of Engineering shall process the initial variance request within 35 days of submission. The 35-day deadline shall commence when BOE verifies the variance request to be accurate and complete. In cases where multiple variances are requested, the BOE make take up to five additional days for each additional variance request. C. Parkway Alignment: The AGF should be placed in proximity to and in line with existing power poles, street light fixtures, street signs and other structures within the parkway to create an aesthetic and unobstructed alignment. The AGF shall not be placed in such an alignment if the installation blocks the line of sight for vehicles exiting adjacent alley intersections or driveways. D. Landscape Considerations: For AGFs installed in a parkway, the AGF owner shall install landscaping immediately surrounding the installation or restore any landscaping disturbed by the installation. The installed or restored landscaping shall be consistent with the existing landscaping in the parkway. For AGFs installed in the public rights-of-way in an area where no sidewalk exists, the AGF owner shall install landscaping immediately surrounding the installation and restore any landscaping disturbed by the installation. The installed or restored landscaping shall be consistent with the existing surrounding landscaping. All new landscaping shall be installed and maintained for the purpose of screening or camouflaging the AGF, and to create an aesthetically pleasing appearance. An automatic irrigation system shall be installed or modified to sustain landscaping when necessary. If an automatic irrigation system is not feasible, the applicant may submit an irrigation plan with the application. The irrigation plan shall include manual watering intervals and a guarantee to replace any vegetation that does not survive. All landscaping shall be installed and maintained in conformance with pedestrian passage Sections VI.A, VI.B, and VI.C. Landscaping shall not be required for AGF installations located in existing full-width sidewalks. E. Cabinet Treatment and Graffiti Mitigation: The AGF shall be a color similar to the existing surrounding landscape. The exterior of the AGF shall resist graffiti or be painted with anti-graffiti paint and be maintained in a like-new condition at all times. The applicant shall submit a Graffiti Mitigation Plan ( Plan ) detailing how the AGF owner will maintain the AGF free from graffiti and other defacements (i.e. stickers, posters). The Plan shall require AGF inspection at a minimum of four (4) times each year and include identification of the resources dedicated to mitigating graffiti. Additionally, the Plan shall provide the name, mailing address, phone number, and address for a single point of contact responsible to resolve graffiti issues. The Plan shall clearly state that AGF surfaces shall be restored to their original exterior appearance. F. Cabinet Identifiers: For the purpose of active monitoring by City personnel, residents, and other telecommunications companies, the following information shall be clearly indicated on all AGFs: 1. A toll-free telephone number for the AGF owner. 2. The AGF registration, number issued by the BOE pursuant to Section X.F. G. Cabinet Foundations: Concrete pads shall be a color that is consistent with adjacent surrounding sidewalks. Concrete pads installed in full width sidewalks, shall be constructed per design plan and shall join to the nearest score line of the existing concrete pavement. For installations where there is no existing sidewalk, concrete pads shall be an earth-tone color that is consistent with existing surrounding earth. Any slough walls constructed to protect an AGF installation shall be an earth-tone color consistent with the existing surrounding soil. H. Density Threshold: The area between the two adjacent intersections of two sets of intersecting streets shall be defined as a city block, including sidewalks on either side of the street. Accordingly, the maximum number of AGF installations in the public right-of-way per city block shall be as follows: 1. For city blocks in which the two adjacent intersections are less than 1000 feet apart, the threshold is three (3). 2. For city blocks in which the two adjacent intersections are equal to or greater than 1000 feet apart, the threshold is three (3), plus a maximum of one (1) additional AGF for every additional 250 feet of adjacent intersection separation. 3. In Parking zones (LAMC ) and Industrial zones (LAMC ), there is no AGF threshold per city block. All facilities exempt from the AGFSP shall not be counted in the number of AGF installations per city block. The Board of Public Works may grant a variance from the AGF density threshold per city block at its discretion when the threshold is reached and when measures consistent with the AGFSP mitigate the excessive number of AGF installations. AGF co-location may be required as a mitigation measure. The BOE shall prepare a Variance Board Report for consideration of the applicant s variance request by the Board of Public Works. The Bureau of Engineering shall process the initial variance request within 35 days of submission and, in cases where multiple variances are requested, may take up to five additional days for each additional variance

24 request. The 35 days deadline shall commence when BOE verities the density variance request is accurate and complete. VI. Public Safety Requirements: A. Major and Secondary Highway Pedestrian Passage: In public rights-of- way that have a Major Highway or Secondary Highway Street designation and an existing sidewalk, the AGF shall be located in sidewalks or parkways such that there is a minimum six (6) feet unobstructed distance between the edge of cabinet and the property line. The six (6) feet unobstructed distance is provided for pedestrian and wheelchair passage. If the paved sidewalk is less than six-feet wide, additional concrete sidewalk shall be constructed to provide a minimum six (6) feet wide paved sidewalk between the edge of cabinet and the property line. B. Non-Major and Non-Secondary Highway Pedestrian Passage: In public rights-of-way that have the street designation other than Major Highway or Secondary Highway, and that have existing sidewalk, the AGF shall be located in sidewalks or parkways such that there is a minimum four (4) feet unobstructed distance between the edge of cabinet and the property line. This four (4) feet unobstructed distance is provided for pedestrian and wheelchair passage. If the paved sidewalk is less than four feet wide, additional concrete sidewalk shall be constructed to provide a minimum four (4) feet wide paved sidewalk between the edge of cabinet and the property line. C. Pedestrian Passage Distances: In public rights-of-way of all street designations with no existing sidewalk pavement, the AGF shall be located in the parkway such that a four (4) feet unobstructed distance is provided for pedestrian passage by one of the following: 1. When there is no curb face, a minimum four (4) feet unobstructed distance between the edge of cabinet and the edge of pavement, or 2. When there is a curb face, a minimum four (4) feet unobstructed distance between the edge of cabinet and the curb face, or 3. A minimum four (4) feet unobstructed distance between the edge of cabinet and property line. D. Minimum Curb Face Distances: The AGF shall have a minimum 18-inches unobstructed distance from edge of cabinet to curb face. In areas where no curb face exists, the AGF shall have a minimum four (4) feet unobstructed distance from the edge of cabinet to edge of pavement. E. Vehicular Line of Sight and Sight Distance: The AGF shall not be located in the visibility triangle, defined as that portion of both public rightof-way and private property located at any corner and bounded by the curb line or edge of roadway of the intersecting streets and a line joining the points on the curb or edge of roadway forty-five (45) feet from the point of intersection of the extended curb lines or edges of roadway. The AGF shall not be located adjacent to driveways and alley intersections where they would reduce the sight distance for exiting vehicular traffic to less than two hundred (200) feet. F. Proximity to Buildings, Houses, Structures: The AGF shall not be located immediately in front of buildings, houses, structures, or public stairs such that it causes a violation of ADA guidelines for pedestrian passage. The AGF shall not obstruct pedestrian passage from private property to the public right-of-way. VII. Future Street Improvement Requirements: BOE staff shall determine the status of future street improvements for a proposed AGF installation and provide this information to the applicant. Applicants are hereby notified that future street lighting conduit installation may occur under a proposed AGF installation if the AGF foundation is located within four (4) feet of the distance from the curb face. Street lighting conduit is normally placed within a four (4) feet distance from the curb face. In general, AGF installations should not be located in areas proposed for future street improvements. However, if necessary, AGF installations may be allowed in areas designated for street improvement. All AGF owners, shall be responsible for the cost of relocation of their AGFs and appurtenant facilities in conflict with any future street improvement or driveway installation initiated by the City, unless the improvement is required as a condition of a permit issued to a developer. Procedures VIII. Permit Processing Requirements and Procedures: A. Field Investigation Requirement: BOE Staff shall conduct a field investigation of proposed AGF installations in the following cases: 1. If the proposed AGF is a hardship waiver. 2. If the proposed AGF application contains a request for a variance from the AGF volume, height, and/or density threshold limits. 3. If opposition to the proposed AGF is received by BOE from any person or organization notified per Section VIII.D. In all other cases, BOE staff reserves the right to conduct a field investigation of any AGF installation on a case-by-case basis. The purpose of the field investigation shall be to determine the best AGF location consistent with the AGFSP, to consider the feasibility of locating on private property and to consider locating the AGF in the public right-of-way below surrounding grade. B. Joint-Trenching Review Requirement: All AGFs that require trenching for the installation of substructure components shall be subject to joint trenching following a Utility Permit Joint-Trenching Review process:

25 1. Where the City or the applicant becomes aware that 2 or more applicants propose construction in the same street or general vicinity. This requirement will be reviewed and evaluated by BOE and DOT Staff and modified based on rights-of-way conditions. 2. AGF installations that qualify for joint-trenching shall modify their substructure designs to accommodate the trench alignment selected by BOE Staff. C. BOE Approval: BOE staff shall approve the AGF installation permit if the following conditions have been met: The Field Investigation Requirement, Section VIII.A and the Joint Trenching Review Requirement, Section VIII.B have been satisfied; the Board of Public Works has approved all appropriate variances; and the installation is in compliance with all other provisions of the AGFSP. D. Notification of AGF Installation: For each proposed AGF installation, the applicant shall notify all, persons and organizations identified in Section III.C.3, via registered mail, of the proposed AGF. The notification shall identify whether or not the applicant is requesting a variance, and shall include information regarding the specific AGF location and cabinet design. A contact person and phone number for the applicant shall also be listed. If the applicant is requesting a hardship waiver as per Section II.B., the notification shall also include the name, phone number and address for the appropriate BOE staff, as provided by the department. Following consideration of the applicant s permit request by BOE, the applicant shall notify all persons and organizations identified in Section III.C.3 of the status of the application. This notice shall include the BOE Approval or Disapproval, and language provided by the BOE detailing the AGF appeal process available to property owners. BOE staff and Council District offices shall maintain a list of representative homeowner associations. Notification to multi-unit buildings shall be made to the property owner or the on-site property manager. E. Appeal of BOE Determination to Board of Public Works: The BOE determination shall be subject to appeal by the property owners and/or occupants specified in Attachment A* and pursuant to the procedures established in LAMC Section (l). If no appeals are submitted to the BOE within 14 calendar days of the date of notification, the BOE determination shall be final. The appeal of a BOE determination shall be heard by the Board of Public Works at a regularly scheduled public meeting. The Board of Public Works shall determine whether an error or abuse of discretion has occurred. F. AGF Mapping: To assist the industry with the requirements specified in this AGFSP, the City shall make available information on City Planning Specific Plans, Historical Preservation Overlay Zones, Historic Sites, Open Space Zones, Pedestrian Oriented Districts, Community Design Overlay Districts, and Scenic Highways. The City shall also provide online information showing all AGF installations, the AGF registration number assigned to the AGF installation, and other pertinent data. The area of mapping shall be limited to the boundaries of the City of Los Angeles. G. Removal of Facilities: Facilities which have not served a customer for 90 days shall be deemed unused and removed in a timely manner as stated in Section IV.E (Non-Compliance) and Section IV.E.6 (Failure to remove obsolete or unused AGF installations). The cost of AGF removal shall be the responsibility of the AGF owner. IX. Exemptions from the AGFSP: A. Installations on Private Property: AGF installations on private property shall be exempt from the AGFSP but subject to discretionary review by the Department of City Planning. (See Ordinance 174,132 amending LAMC Sections , , , , , , 12.21, ) B. Installations Below Existing Grade: Facilities installed in the public rights- of-way that do not have a structure, cabinet, electric meter, or other appurtenance above the existing surrounding grade shall be exempt from the AGFSP. Facilities installed below existing surrounding grade in the public rights-of-way shall be subject to BOE Utility, Excavation, and/or Revocable permit requirements. C. Pole-Mounted and Public Facilities: Pole-mounted and street light-mounted facilities, fire hydrants, air/vacuum valves, street light poles, utility poles, and traffic and pedestrian control fixtures are not subject to the AGFSP, but will be subject to all other applicable requirements of law, including, but not limited to, the Joint Pole Agreement (JPA), the Department of Water and Power guidelines, and the Bureau of Street Lighting rules and regulations. D. Other: Temporary water service AGFs, sampling taps, dissipaters, water control appurtenances associated with water regulator stations, water flow meters, and water valves, and vent stacks related to maintenance holes and vaults shall not be subject to the AGFSP, except for the pedestrian passage retrofit requirements in Section X.B. These facilities may also be subject to other BOE permit requirements. E. The below grade requirements of Section II shall not apply to electric meters and telecommunications tie-in facilities installed to comply with the requirements of that section. X. Applicability to Existing AGF Installations: A. Upgrade or Repair of Existing AGFs: All existing AGFs installed prior to the adoption of the AGFSP that need to be upgraded or repaired, shall be subject to these Specifications and Procedures if the upgrade or repair causes the AGF volume to increase by more than 10%. B. Pedestrian Passage Retrofit Requirement: All existing AGFs, including those identified in Section IX.D, which were installed prior to the adoption of the AGFSP, shall be modified, retrofitted, or relocated to provide a minimum three (3) feet of unobstructed distance for pedestrian and wheelchair passage except in the following areas:

26 1. Public right-of-way areas adjacent to MR1, M1, MR2, M2, and M3, as defined in LAMC Section Public rights-of-way with no existing sidewalk pavement, or where the slope of the existing sidewalk is 5% or greater. 3. Hillside Areas, as defined by LAMC Section C. Annual Retrofit Limits: All existing non-compliant AGFs shall comply with Section X.B within five (5) years of the adoption of this ordinance. During any 12-month period, each individual company shall relocate 20% of its initial total non-compliant AGFs or thirty (30) non-compliant AGFs, whichever is greater, to comply with the pedestrian passage provisions of this AGFSP. The Bureau of Engineering shall be responsible for coordinating with Council offices and City departments for prioritizing AGF relocation needs, with preference given toward locations with higher pedestrian traffic density or near public facilities, and submitting these requests to the respective companies. Upon notification from the City, an AGF owner shall have 180 days to complete the relocation. Non-compliant AGFs relocated pursuant to this section shall not be subject to the remaining provisions of the AGFSP, provided that the replacement AGF is located within 500 feet of the original AGF and the volume is not increased by more than 10%. D. Pedestrian Passage Compliance: Owners of existing AGFs shall be considered in compliance with the requirements of Section X.B when the conditions of Section X.C are met. In the event an AGF owner is in default with the conditions in Section X.C, compliance with the requirements of Section X.B shall take effect immediately and all provisions of Section IV will apply. E. Graffiti Mitigation and Cabinet Identification: Existing AGFs shall be subject to all requirements stated in Sections V.E and V.F. Compliance with the requirements of this section shall be required no later than July 1, F. AGF Locations: Owners of existing AGFs shall submit to the BOE a geographic location identifier (geocode) for all existing AGF installations within the City of Los Angeles. The BOE will issue a registration number for each such AGF. Compliance with the requirements of this section shall be required no later than March 31, New AGFs will be assigned a registration number at the time the AGF installation permit is issued. A registration fee, established by the Board of Public Works, may be assessed to implement the provisions of this section. SEC FINE FOR NON-COMPLIANCE. (Added by Ord. No. 175,014, Eff. 1/29/03; Renumbered from Sec by Ord. No. 182,237, Eff. 9/28/12.) I. Any person that violates the City s Above Ground Specifications and Procedures shall be subject to the monetary fines established by this Section. II. Failure to Comply: An AGF owner shall be subject to a fine of $ per day, every calendar day for each AGF installation found to be in noncompliance with the AGF Specifications and Procedures. The maximum cumulative fine for noncompliance shall be $10,000 per AGF. The AGF owner shall be provided written notice that contains the location of the AGF installation, a description of the noncompliance, and a demand to comply within fourteen (14) calendar days of the written notice. Failure by the AGF owner to take corrective action or respond within fourteen (14) calendar days shall result in the imposition of the fine for non-compliance. The following specific requirements of the AGF Specifications and Procedures shall be subject to the fine: A. Failure to obtain a valid Utility Permit prior to the installation of an AGF. (Paragraph III, A. & B.) B. Failure to install an AGF in conformance with the AGF Specifications and Procedures. (Paragraph III, C.) C. Failure to properly maintain landscaping designed to screen the AGF installation. (Paragraph V, D.) D. Failure to remove graffiti and posters from AGF cabinets. (Paragraph V, E.) E. Failure to properly maintain AGF cabinet paint or surface treatment. (Paragraph V, E.) F. Failure to remove obsolete or unused AGF installations. (Paragraph VIII, H.) G. Failure to modify, retrofit, or relocate AGF installations that violate pedestrian passage requirements. (Paragraph X, B.) III. Excessive Non-Compliance: In cases where a specific AGF is found to be non-compliant more than three (3) times, the AGF will be deemed in excessive non-compliance. This determination shall result in the placement of a hold on all current and future Utility, Revocable, and Excavation Permits issued to the AGF owner until corrective action is taken and a revised mitigation plan is approved by the Board of Public Works. SEC APPEAL FOR VIOLATION OF ABOVE GROUND FACILITY, SPECIFICATION AND PROCEDURES. (Added by Ord. No. 175,014, Eff. 1/29/03; Renumbered from Sec by Ord. No. 182,237, Eff. 9/28/12.) I. Pursuant to paragraph VIII, E., AGF owners and concerned parties may appeal a ruling regarding the installation of AGF. Such an appeal shall be filed

27 with City, in writing, within fourteen (14) calendar days of the date of any ruling regarding the installation of a AGF. A fee of $100 will be assessed to pay for the administrative costs required by the filing of the appeal. The appeal by the AGF applicant may pertain to the entire Bureau of Engineering (BOE) Recommendation regarding all their AGF applications. Appeals submitted by other concerned persons are limited to individual AGF installation sites that concern them. II. Non-Compliance Appeal: AGF owners cited for non-compliance may appeal the determination to the Board of Public Works (or designee appointed by the Board of Public Works). Such appeals shall be submitted in writing within ten (10) calendar days of the written notice of non-compliance. No fee shall be charged to appeal a notice of non-compliance. If the maximum $10,000 Non-Compliance Fine is imposed and the AGF owner fails to comply with the written notice of non-compliance, the non-compliant AGF shall be subject to further action. Further action may include the immediate removal of the noncompliant AGF by the City at the direction of the Board of Public Works. All costs incurred by City for such removal shall be reimbursed by the non-compliant AGF owner. SEC MAINTENANCE HOLES PERMIT FOR OPENING. (Title and Section Amended by Ord. No. 182,237, Eff. 9/28/12.) (a) No person shall open, or allow to remain open, the cover of any maintenance hole in or upon any street, sidewalk or other right-of-way without having first obtained a written permit from the Bureau of Engineering, except as provided in Subsection (b) of this Section. (b) The Bureau of Engineering may upon a written request from a person owning or controlling any underground pipe or wire system, issue an annual permit for a person with control over the pipe or wire system to open appurtenant maintenance holes, and may issue to a sewer contractor upon a written request an annual permit to open sewer or storm drain maintenance holes for the purpose of determining the depth of sewer or storm drains. Any person who opens the cover of a maintenance hole pursuant to the authority granted by such an annual permit shall not have to comply with the provisions of Subsection (a) of this Section. (c) At all times while a maintenance hole cover in or upon any street, sidewalk or other right-of-way is open pursuant to the provisions of a permit including, but not limited to the permits identified in Subsections (a) and (b) of this Section, the original or a certified copy of the permit must be kept at the open maintenance hole and must, on demand, be shown to any City inspector, agent, employee or representative, including but not limited to any police officer. SEC MAINTENANCE HOLE PERMIT FEES. (Title and Section Amended by Ord. No. 182,237, Eff. 9/28/12.) A. Before issuing any permit pursuant to the provisions of Section 62.40, the Bureau of Engineering shall charge and collect the following fees: (a) For each permit issued pursuant to the provisions of Subsection (a) of Section 62.40, a fee of $135. (b) For each permit issued pursuant to the provisions of Subsection (b) of Section 62.40, a fee of $265. B. The Bureau of Engineering shall charge a fee of $1.80 for each certified copy of a permit it provides pursuant to the provisions of Subsection (c) of Section SEC MANHOLES EMERGENCY OPENINGS. When in case of emergency, it becomes necessary to open or remove a manhole cover immediately to inspect, repair, adjust or renew any cable wire, pipe, valve, instrument or apparatus installed or contained in any such manhole, the cover thereof may be opened or may be removed for a period of time actually necessary for such inspection, repair, adjustment or renewal, during which period of time a watchman or guard shall be kept in constant attendance at the exposed opening of the manhole. Any person who has, in case of emergency, opened the cover of any manhole, must; within forty-eight (48) hours after the time of said emergency opening, report the location of such manhole and the approximate time of such opening to the Board or the person having ownership or control of such manhole. SEC MANHOLES WARNING SIGNS. (Amended by Ord. No. 121,900, Eff. 6/4/62.) Except as otherwise provided in Section 62.42, no person shall open or remove the cover of any manhole, or allow any manhole to remain open in or upon any street or sidewalk, without first placing immediately adjacent to the opening of any manhole, a barrier or manhole guard at least two red flags, and, from sunset until sunrise of the following day, at least two warning lights. Such guards or warning devices shall be maintained at all times while the manhole remains open. Such warning devices shall be so located that they are clearly visible to approaching traffic. SEC EXEMPTIONS.

28 Nothing in Sections to 62.43, inclusive, shall be construed as requiring a permit for the opening of track switch box covers, nor reports of such opening in connection with their renewal, maintenance or repair or in connection with the operation of a railway or railroad. SEC MATERIALS OR EQUIPMENT IN STREETS PERMITS, REGULATIONS, FEES. (a) Definitions. (Added by Ord. No. 155,987, Eff. 11/30/81.) Crane. A vehicle equipped with a boom, mast or similar device which permits the lifting and/or lowering of objects and the displacement of such objects horizontally within fixed limits. (b) Permit required. (Amended by Ord. No. 156,300, Eff. 3/14/82.) 1. No person shall deposit or maintain in or upon any public street, sidewalk or parkway any protection fence, protection canopy building material of any kind, debris from any building or building excavation, or any kind of material or equipment used or intended for use in connection with any building or other work upon adjacent private property without first making and filing a written application with the Board, receiving a permit therefrom so to do, and paying to the Board a fee as set forth in Subsection (d) of this section to cover all costs of processing the application for permit and inspection. EXCEPTION: The provisions of this section shall not apply to cranes mounted on vehicles which conform to the width, height, length, size and weight limitations set forth in Division 15 of the Vehicle Code of the State of California when no part of such vehicle, when parked and in operation in a public street, extends more than 10 feet into the roadway from the curb or which occupies less than one half the width of an alley in which it is working. 2. No person shall operate a helicopter as a crane for the purpose of lifting and moving material or equipment from any public street, sidewalk or parkway to adjacent private property or for the purpose of lifting and/or moving any material or equipment in connection with building or other work on private property where such object might at any time be suspended above any public street, sidewalk or parkway without first making and filing a written application with the Board, receiving a permit therefrom so to do, and paying to the Board a fee as set forth in Subsection (d) of this section to cover all costs of processing the application for permit and inspection. Provided further that no permit shall be issued unless the applicant also posts and maintains with the Board a policy of property damage insurance or a bond in the amount and subject to the conditions and requirements set forth in Section of this Code with respect to overloads. 3. The Board may, by any such permit, require compliance with special conditions to safeguard the public and protect the public street and sidewalk or other public improvements. (c) Application for Permit. (Subsec. (b) redesignated (c) by Ord. No. 155,987, Eff. 11/30/81.) The application for said permit shall contain: 1. The name, address and telephone number of the applicant; and 2. The name, location and area of the street for which a permit is desired. (d) Permit Fees. (Subsec. (c) redesignated (d) by Ord. No. 155,987, Eff. 11/30/81.) 1. For depositing and maintaining any protection fence, protection canopy, building material, debris or equipment, excepting cranes, in or upon any public streets, sidewalks or parkways, a permit fee by square foot occupied shall be charged except that such amount shall be not less than the minimum permit fee established by the Board. (Amended by Ord. No. 165,675, Eff. 5/11/90.) 2. For the use or operation of any helicopter and for the use, storing or maintaining of one or more cranes in or upon any public street, sidewalk or parkway, a permit fee for the first day or fraction thereof, plus an additional fee for each additional day a fraction thereof for each work site shall be charged. In the event the permittee files a subsequent application after the original permit has expired for the same location and for additional days not specified in the original permit, a new permit fee for the first day or fraction thereof plus an additional fee for each additional day or fraction thereof shall be required. (Amended by Ord. No. 165,675, Eff. 5/11/90.) 3. In addition to inspections made In connection with permits issued pursuant to this section during the normal work week, the Director may, pursuant to the authority provided in Section of this Code, provide for inspections during other than normal working hours. In the event the Director determines that such inspection will be required, the permittee shall deposit in advance an amount determined by the Director to be adequate to cover the cost of inspection. Such cost of inspection shall be computed at 1-1/2 times the hourly wage of a Senior Inspector 2 for the period of time such inspector will be needed, as estimated by the Director. At the completion of all such inspection activity, the Director shall deduct from such individual deposit the accrued cost of inspection and shall refund to the permittee any difference between the amount deposited and the amount so deducted. (Added by Ord. No. 155,987, Eff. 11/30/81.) 4. The fees and charges herein shall be determined and adopted in the same manner as provided in Section I.1. of the Los Angeles Municipal Code for establishing fees. (Added by Ord. No. 165,675, Eff. 5/11/90.) 5. In addition to all other fees owed, the Bureau of Engineering shall charge and collect a fee of $32.50 for each permit issued pursuant to the

29 provisions of this Section that the Bureau processes. (Added by Ord. No. 182,237, Eff. 9/28/12.) SEC PERMITS CONDITIONS. Every permit granted under Section shall be granted upon the condition that the person to whom the permit was granted shall conform in every respect to the provisions of this article. SEC PERMITS REVOCATION. The Board may revoke any permit granted under Section for the violation of any section of this article. SEC REVOCATION OF PERMITS WORK TO CEASE. No person shall continue to perform any work under any permit after the permit has been revoked by the Board pursuant to Section SEC BUILDING MATERIAL DEPOSIT IN STREETS. (Amended by Ord. No. 128,226, Eff. 10/12/64.) (a) No person shall fail to remove any protection fence, protection canopy, building material, or equipment of any kind whatsoever, or any debris deposited or maintained on any public street, within five (5) days after the completion of the construction, alteration, repair or demolition of any building in front of which such fence, canopy, material, equipment or debris is deposited or maintained, nor fail to leave the street in as good a condition as the same was prior to the placing of such fence, canopy, material, equipment or debris thereon. (b) The Board shall proceed to do such work or have the same done upon failure of any person charged so to do under this section, and the costs necessarily incurred by the Board in doing such work may be recovered by the City from such person. SEC BUILDING MATERIAL ILLUMINATION. (Amended by Ord. No. 121,900, Eff. 6/4/62.) No person shall maintain building material of any kind, any debris or any other kind of material or equipment on any street, without placing and maintaining a warning light at each end of each pile of such material or debris and at each end of such equipment during the whole of each night from sunset until sunrise of the following day. Such warning lights shall be so located that they are clearly visible to approaching traffic. SEC BUILDING MATERIAL DEPOSITS CRANES RESTRICTIONS. (Amended by Ord. No. 128,226, Eff. 10/12/64.) 1. No person shall deposit or maintain any building material of any kind whatsoever, or any debris from any building or excavation, in or upon any public street: (a) (b) (c) (d) (e) (f) Within twenty-five (25) feet of any fire hydrant; Within eleven (11) feet of the nearest rail of any railroad track on such street; Where no railroad track exists, not more than ten (10) feet from such curb to the curb on the opposite side of the street; In any manner as to prevent the passage of any vehicle; In any manner as to obstruct the gutter space of the street; Except upon the same side of the street and immediately in front of the building in actual course of construction, alteration, repair or demolition. 2. Any person operating a crane in or upon the public street, whether required by Section to obtain a permit or not, must comply with the following regulations: (a) No unauthorized person or vehicle is to be permitted to pass or stand under the boom or load. All unauthorized persons and vehicles must be kept at a safe distance from such operations; (b) Flagmen, barricades, signs and warning devices are to be provided and maintained whenever necessary to protect the public;

30 (c) The contractor shall be liable for all damage that occurs to public streets or improvements or property therein which is caused by or results from the operation of a crane in the public street; (d) Any condition specified by the Board in granting the permit including, but not limited to, the hours and days that cranes may be parked or operated in a public street, and any safety measures to be taken by the permittee. SEC PLASTER MIXING ON STREET. No person shall mix, make, place or pile any mortar, plaster, or lime, or any similar substance or mixture upon any surface of any paved street, or cause the same to remain at any place in such a manner that the same will fall or leak upon the surface of any street. SEC PERMIT TO BE EXHIBITED. No person shall fail to keep the permit granted for maintaining any protection fence, protection canopy, equipment, building material or debris at all times at the place where such work is being done: nor fail, upon demand therefor, to exhibit such permit to any member or inspector of the Board, or any public officer. (Amended by Ord. No. 128,226, Eff. 10/12/64.) SEC BUILDING MATERIAL REMOVAL OF. No person shall store or keep upon any street any material or debris taken from any excavation or building, or fail to remove the same from day to day as it is produced or to wet any dry debris or rubbish, so as to prevent the same from being blown by the wind, whether in the course of removal from any building or excavation, or on any street. SEC PERMITS DURATION OF. Every permit granted by the Board under Section shall become and be void within sixty (60) days from the date issued. The Board may extend the time of the permit for a period not to exceed sixty (60) days. SEC BUILDING MATERIAL PERMIT FEES EXEMPTIONS. Whichever departments, boards or officers of this City, in the discharge of official duties, deposit or maintain any protection fence, protection canopy, building material or equipment, or any debris in any public street, a permit such as is required for persons under the provisions of Section shall be obtained, but such permit shall be issued without the payment of any fees. The fee requirements shall be similarly waived on such permits when issued to contractors in connection with work performed under contract to the Board. (Amended by Ord. No. 128,226, Eff. 10/12/64.) SEC ELEVATED SIDEWALKS PERMITS. No person shall construct or maintain an elevated sidewalk along or in front of any premises owned or controlled by any such person without a permit therefor issued by the Board, which Board is hereby authorized to issue such permits subject to the conditions and restrictions hereinafter provided in Sections to 62.60, inclusive. SEC ELEVATED SIDEWALKS APPLICATION. Any person desiring a permit to construct or maintain an elevated sidewalk along or in front of premises owned or controlled by any such person shall file a written petition therefor with the Board, specifying the location of such elevated sidewalk and the purpose for which the same is to be constructed or maintained. The Board shall thereupon consider said petition and grant the same, if, upon such consideration, it shall find that such elevated sidewalk will be in accordance with the public interest or convenience. SEC ELEVATED SIDEWALKS WHERE PERMITTED. No permit to erect or maintain an elevated sidewalk shall be granted except where a railroad switch or spur track is situated along and adjacent to the curb line of a sidewalk and within five (5) feet thereof, or upon or along the portion of a cul-de-sac between the closed end thereof and the first street intersecting such culde-sac on the same side thereof on which it is desired to construct such elevated sidewalk. No such elevated sidewalk shall be more than three (3) feet in height, and before any work or construction of any elevated sidewalk is done the complete plans and specifications thereof shall be submitted to the Board for approval.

31 SEC REVOCATION OF PERMITS. Any permit to erect or maintain an elevated sidewalk shall be revocable at any time by the Board. SEC WORK WITHIN OR ON A PUBLIC STREET OR RIGHT-OF-WAY, OBSTRUCTION OF A PUBLIC STREET OR RIGHT-OF-WAY PERMIT REQUIRED, REGULATIONS, PENALTIES FOR NON-COMPLIANCE. (Added by Ord. No. 178,103, Eff. 1/9/07.) (a) Definitions. 1. "Activity or Work Permissible within a Public Street" is defined as any work or activity permitted by this Code, or authorized by the Board of Public Works. 2. "Emergency Work" is defined as immediate and unplanned action that must be taken to alleviate a hazardous condition, which represents an immediate threat to life, health, safety, or property. This includes continuous efforts to effect the restoration of interrupted utility services (electrical, water, gas, wastewater and telecommunications). 3. "Peak Hour Construction and Right-of-Way Obstruction Regulations" is defined as all regulations contained in this section that control and limit all construction and obstruction activity in the public right of way during "Peak Traffic Hours." 4. "Peak Traffic Hours" is defined as Monday through Friday, 6:00 am to 9:00 am and 3:30 pm to 7:00 pm. 5. "Street Classifications Subject to Work Hour Restrictions" is defined as major and secondary highways, or collector streets, as designated in the transportation element of the general plan. 6. "Temporary Street Closure" is defined as the temporary restriction of all vehicular traffic for construction purposes authorized by a valid permit, and an approved "Traffic Management Plan." 7. "Traffic Lane Closure" is defined as any activity within the public street (from curb-line to curb-line), or in an alley, which reduces the usable width to the point where one or more lanes of traffic cannot move safely and efficiently. 8. "Traffic Management Plan" is defined as a Plan that addresses traffic control requirements in a construction area, and along detour routes. The operation of a Traffic Management Plan is affected by the project's construction phasing, construction schedules, and work area required by the contractor, and shall be consistent with the contractor's project requirements, provided by the Department of Public Works. 9. "Worksite Traffic Conditions" is defined as those physical conditions, including signage, signal devices, operation of equipment, and conduct of workers (which are required by law), permit and plans to provide adequate street space, and accommodate traffic demands, particularly during peak traffic hours. (b) Permit Required. No person shall effect a "Traffic Lane Closure," perform work within or on any public street or right-of-way or obstruct any public street or right-of-way for any reason without first applying for, in writing, and obtaining a permit from the Board of Public Works. The person or entity requesting the permit shall pay all applicable permit fees as set by the Board of Public Works pursuant to the Los Angeles Municipal Code sections governing the issuance of "A," "B," Excavation, Manhole, Sewer and Utility permits for work in the public right-of-way or any permit issued by the Bureau of Street Services for obstruction of the Public Right-of-Way. 1. Prohibition on Work or Obstructions During Peak Traffic Hours. Notwithstanding any other provision of this code, no person or entity shall effect a "Traffic Lane Closure," perform work within or on any public street or right-of-way or in any manner obstruct a public street or right-of-way on those "Street Classifications Subject to Work Hour Restrictions" during "Peak Traffic Hours," all as defined above. 2. Exemption from Work or Obstruction Prohibition During Peak Traffic Hours. A. "Emergency Work" as defined above shall be exempt from the prohibition on work or obstruction of public streets or rights-of-way during "Peak Traffic Hours" if the party performing the emergency work contacts the designated City agency as determined by the Board of Public Works prior to the work being initiated in the right of way and obtains a permit within 48 hours of beginning the emergency work. B. If a party desires to have a non-emergency public right-of-way construction project or other "Traffic Lane Closure" exempted from the prohibition on work or obstruction of public streets or rights-of-way during "Peak Traffic Hours," the party shall submit the request with its permit application to the appropriate City permitting agency along with a "Traffic Management Plan." If the "Traffic Management Plan" is approved by the City for work during "Peak Traffic Hours," the project is exempt. 3. Fee for Processing Applications for Exemption from Work or Obstruction Prohibition during Peak Hours. (Amended by Ord. No.

32 182,237, Eff. 9/28/12.) The Bureau of Engineering shall charge and collect a fee of $250 for processing each request submitted pursuant to the provisions of Paragraph B. of Subdivision 2. of this Subsection. (c) Application for Permit. Any application for a permit under this Section shall include the following information: 1. The name, address and telephone number of the applicant and the person responsible for the work or obstruction of the public street or right-ofway; 2. The name, location and area of the street for which the permit is desired; and 3. A description of the work to be done within the public street or right -of-way and an explanation of why the proposed obstruction of the public street or right-of-way is necessary. (d) Penalties for Non-Compliance. 1. Administrative Penalties. A. The failure to obtain a permit pursuant to this section, the failure to abide by the "Peak Hour Construction and Public Right-of-Way Obstruction Regulations" contained in this section, the failure to comply with "Worksite Traffic Conditions" or the violation of any special condition or requirement of a valid construction permit issued pursuant to the Los Angeles Municipal Code, shall subject the violator to administrative penalties as follows: (1) For each violation listed on the initial citation, $250.00; (2) For each violation on a second citation, issued to the same person or entity, if the violations occurred within 12 months of the first citation date, $500.00; (3) For each violation on a third citation, issued to the same person or entity, if the violations occurred within 12 months of the first citation date, $1, B. Any administrative penalty issued pursuant to this section shall be governed by the provisions set forth in Section of this Code. The Department of Transportation, Administrative Adjudication Division shall conduct any required administrative hearings for any appeal of a citation issued pursuant to Section of this Code in the same manner in which it conducts processes pursuant to Section 80.06(c) of this Code for parking citations. 2. Criminal Prosecution for Multiple Violations. Four or more administrative citations issued to the same person or entity within 12 months may constitute a misdemeanor under the Los Angeles Municipal Code, may subject the violator to prosecution by the Los Angeles City Attorney's Office and may subject the violator to other potential criminal penalties as allowed by law. SEC ELECTRIC WIRES ON STREETS PERMIT REQUIRED. No person shall string, place or attach any electric wires or electric lights of any nature whatsoever over, under, or in any manner directly or indirectly attached to or in front of any building or structure, or over any street, without first obtaining a written permit from the Board so to do. SEC ELECTRIC WIRES ON STREETS POWER OF BOARD OVER. The Board shall have the power and authority to regulate, inspect and supervise the stringing, placing and attaching of wires and electric lights of every nature whatsoever, now or hereafter placed over, under, or in any manner directly or indirectly attached to or in front of any building or structure, or over any street. SEC PERMIT CONTENTS OF. The permit required by Section shall state the kind of work to be done thereunder and the place where such work is to be done. Said permit shall be valid only for the location so stated. No person shall perform any work other than that designated in the permit. SEC ELECTRIC WIRING MUST BE SAFE. No electric lights or wires shall be so constructed, placed and supported over any street so as to cause fire or accident, injury or damage, to life or property. SEC BOARD POWER TO DECIDE QUESTIONS. The Board shall have authority to pass upon and decide any questions arising under the provisions of Sections to inclusive, relative to the stringing of said electric lights and wires.

33 SEC PERMITS DURATION OF. If the work authorized under the permit required by Section is not commenced within thirty (30) days after the date thereof, such permit shall thereupon be void. In such case before such work is commenced a new permit shall be obtained. SEC EXEMPTION FRANCHISES. Nothing in Sections to inclusive, shall be construed as interfering with any rights granted to any person to string electric wires, telephone wires, telegraph wires, or wires of any other kind, which right is exercised under and by virtue of any franchise of the State of California or of the City, previously obtained. SEC OIL PIPE LINES PERMITS. No person shall erect, maintain or operate any pipe, casing, or other appliances or apparatus, or any truss or standard for holding or supporting any such pipe, casing, or other appliance or apparatus over or across any street or sidewalk for the purpose of loading oil into tank wagons or vehicles without first applying for and receiving a written permit therefor from the Board. SEC OIL PIPE LINE PERMIT APPLICATION. Any person desiring to obtain the permit required in Section shall sign and file an application in writing therefor with the Board which shall contain the following statements: (a) The name and address of the applicant; (b) The exact location, giving the number of the lot and block and the name of the tract, where it is proposed to erect, maintain or operate the pipe, casing or other appliance or apparatus, or the truss or standard for holding or supporting the same; (c) A statement that the applicant agrees to conform in all respects to and obey all provisions of this Code and all ordinances of this City in force at the time of filing the application, or that may thereafter be adopted relative to the erection, maintenance or operation of pipes, casings, or other appliances or apparatus, or trusses or standards across any street or sidewalk for the purpose of loading any oil tank wagons or vehicles. SEC OIL PIPE LINE PERMIT CONTENTS. Each permit issued by the Board pursuant to Section shall state the exact location, giving therein the number of the lot and block and the name of the tract where the pipe, casing, or other appliance or apparatus, or the truss or standard for which such permit is issued shall be erected, maintained and operated. No such permit shall be granted until after the application therefor shall have been referred to the Oil Inspector for his report thereon. SEC OIL PIPE LINES REGULATIONS. No person shall erect, maintain or operate any pipe, casing, or other appliance or apparatus, or any truss or standard for holding or supporting the same, over or across any street or sidewalk for the purpose of loading oil tank wagons or vehicles in a manner contrary to the following provisions: (a) The clearance between the bottom side of such pipe, casing, or other appliance or apparatus or of any such truss, and the surface of any street or sidewalk shall not be less than eight (8) feet, and from the point at which the gutter of the street joins the curb the distance shall not be less than ten (10) feet; (b) Such pipe or casing, when the same is extended over the surface of any sidewalk, shall be without a joint from a point less than four (4) feet inside the property line to the point where the same is connected with the gate or valve located at the top of the truss or standard supporting such pipe or casing; (c) Such pipe or casing shall have a gate or valve located not more than one (1) foot from the tank or reservoir to which such pipe or casing is attached, which gate or valve shall be at all times kept in such a condition as to prevent the leakage of oil therefrom, and such gate or valve shall be kept closed at all times when the loading of a tank vehicle is not in progress; (d) Such pipe or casing shall have a gate or valve located on top of the truss or standard supporting such pipe or casing. The center line of such gate or valve shall be in line with the center line of such truss or standard and such gate or valve shall be at all times kept in such condition as to prevent the

34 leakage of oil therefrom. Such gate or valve shall be kept closed at all times when the loading of a tank vehicle is not in progress; (e) Such pipe or casing extending over the gutter of any street shall have on the outer end thereof an ell into which shall be screwed a nipple of sufficient length that when the same is turned the open end thereof pointing toward the gutter will enter the dome of the tank vehicle that it is to be or is being loaded. Such ell so connected to the outer end of such pipe or casing, when the same is not being used for the loading of a tank vehicle, shall be at all times turned up so that the outer and open end of the nipple screwed therein shall point in an upward direction. Such ell and nipple shall not project over the surface of any street to a greater distance than five (5) feet from the outer face of the curb; (f) therefrom; (g) the Board; (h) Every joint in any such pipe or casing, or in any connection thereof, shall be connected in such a manner as to prevent the leakage of oil Every such truss or standard shall be constructed in accordance with plans and specifications that shall be approved by and filed in the office of Every truss or standard shall be set immediately inside the face of the curb to a depth of not less than two (2) feet from the top of such curb. SEC OIL PIPE LINES PERMITS REVOCABILITY OF. Any permit granted pursuant to the provisions of Sections to inclusive, and any permit for the erection, maintenance or operation of any pipe, casing or other appliance or apparatus, or of any truss or standard granted prior to the adoption of this Code, shall be deemed and construed to be a revocable license and the same may be revoked at any time by the Board. SEC OIL CABLES PERMITS. No person shall erect, maintain or operate any rope, wire or cable over or across any street for the purpose of pumping oil from oil wells, without first applying for and receiving a written permit therefor from the Board. SEC OIL CABLES PERMIT APPLICATIONS. Any person desiring to obtain the permit required in Section shall sign and file a written application therefor with the Board, which application shall contain: (a) (b) The name and address of the applicant; The exact location where it is proposed to erect, maintain or operate the rope, wire or cable; (c) A statement that the applicant agrees to conform in all respects to and obey all provisions of this Code and ordinances of this City in force at the time of filing the application, or that may thereafter be adopted relative to the erection, maintenance or operation of any ropes, wires or cables over or across any street. SEC OIL CABLES PERMIT CONTENTS. Each permit issued by the Board pursuant to Section shall state the exact location where the rope, wire or cable for which such permit is issued shall be erected, maintained or operated. No such permit shall be granted until after the application therefor shall have been referred to the Oil Inspector for his report thereon. SEC OIL CABLES REGULATIONS. No person shall erect, maintain or operate any rope, wire or cable over or across any street for the purpose of pumping oil from oil wells in a manner contrary to the following provisions: (a) The clearance between any such rope, wire or cable and the surface of the street over or across which the same is maintained or operated shall not be less than fifteen (15) feet; (b) Each such rope, wire or cable used for pumping shall be supported across such street by means of hanging ropes, wires or cables attached to a suspension cable and placed not more than eighteen (18) feet apart; (c) Such suspension cable shall be so placed and maintained that the same will be and remain at all times above the pumping cable supported by such suspension cable;

35 (d) Such suspension cable shall be supported by poles, standards or columns erected on each side of the street across which such cable is maintained; (e) (f) No pole, standard or column, and no brace for the same, shall be placed or maintained within any street; Each such rope, wire or cable shall be supported in such other manner as the Board shall deem necessary for public safety. SEC OIL CABLES PERMITS REVOCABILITY OF. Any permit granted pursuant to the provisions of Sections to 62.77, inclusive, and any permit for the erection, maintenance or operation of any rope, wire or cable granted prior to the adoption of this Code shall be deemed and construed to be a revocable license and the same may be revoked at any time by the Board. SEC OIL SPILLING ON STREETS. No person shall pour, spill, or permit to drip from any tank vehicle, upon any asphalt or bituminous pavement laid upon any street, any oil, petroleum kerosene, benzine or other similar oil or oily substance or liquid. SEC DRAINAGE OF WATER INTO STREETS. (Amended by Ord. No. 146,877, Eff. 2/22/75.) (a) It is unlawful for any person to drain water or other liquids or permit water or other liquids to be drained, from lands or premises under such person s management or control onto any public street by any means which results in damage to the public street, or causes interference with or damage or hazard to public travel. (b) It is unlawful for any person to keep, store or distribute water or other liquids for any purpose so as to permit such water or other liquids to overflow onto, to saturate by seepage, or to obstruct any public street, to the damage of the public street or cause interference with, or damage or hazard to public travel. EXCEPTION: After receiving a permit from the Board, a person may discharge water onto a public street when it is necessary to do so in order to conduct the initial test of fire fighting apparatus following completion of its installation in a building. Before accepting any application for such a permit for filing, the Board shall collect an application fee which shall not be refundable. The application shall be made on a form prescribed by the Board. A separate application and permit shall be required for each street location where water is to be discharged. The fee herein shall be determined and adopted in the same manner as provided in Section 12.37I1 of the Los Angeles Municipal Code for establishing fees. (Amended by Ord. No. 165,675, Eff. 5/11/90.) Discharge of water pursuant to a permit issued under this exception shall be performed under the supervision of an inspector appointed by the Board. The Board shall have the authority to adopt rules and regulations governing the discharge of water onto the street for the protection of the adjoining buildings and properties, roadway surface, utility installations, storm drains and sewer facilities, and the general public. SEC WASHING PRIVATE ALLEYS. No person shall wash or flush any private alley, way or place so that the water from the washing or flushing thereof shall run or be discharged into or upon any public street or into the gutter of any public street. SEC PUBLIC UTILITY DEFINED. For the purposes of Sections to inclusive, Public Utility shall mean and include the Department of Water and Power of this City, the Department of General Services, Department of Transportation, and any person owning, operating or maintaining overhead light, power, trolley, telephone, telegraph, signal or other wires, street railway tracks or underground structures necessary for public service. (Amended by Ord. No. 152,426, Eff. 6/29/79, Oper. 7/1/79.) SEC HOUSE MOVERS PERMITS CONDITIONS. (Amended by Ord. No. 163,920, Eff. 9/8/88.) (a) Board of Public Works Permission Required. No person shall move any building or structure, or any portion thereof, over, upon, along or across any street without a written permit therefor from the Board of Public Works. Such a permit may be referred to as a House Mover s Permit.

36 (b) Department of Building and Safety Security Deposit Required. No House Mover s Permit shall be issued until the Department of Building and Safety receives a security deposit from the house mover in the amount determined by that Department and the Department of Building and Safety notifies the Board of Public Works that the funds are on deposit. (c) Department of Building and Safety Sewer Capping Permit Required. No House Mover s Permit shall be issued until the Department of Building and Safety has first issued to the owner of the premises from which the building is to be removed or demolished a permit to provide a watertight cap to the house connection sewer at the property or sewer easement line. SEC BOARD OF PUBLIC WORKS HOUSE MOVERS PERMIT/ISSUANCE. (A) No House Mover s Permit shall be granted by the Board of Public Works, hereinafter referred to as the Board except as follows: 1. The applicant must first furnish evidence that the Department of Building and Safety has received a security deposit and, when the building or structure is to be moved to a permanent site within the City limits, evidence that the Department of Building and Safety has already issued a Relocation Permit for the particular building or structure under the provisions of Division 83 of Article 1 of Chapter IX of the Los Angeles Municipal Code (Building Code). (Amended by Ord. No. 163,920, Eff. 9/8/88.) 2. The applicant shall pay to the Board a filing fee for each permit requested; provided, however, that in the event a building or structure is under 18 feet in height, no filing fee shall be paid, and in the event more than one permit is issued in connection with the movement of a building or structure, the filing fee shall be paid only for the issuance of the first of such permits. The fee herein shall be determined and adopted in the same manner as provided in Section 12.37I1 of the Los Angeles Municipal Code for establishing fees. (Amended by Ord. No. 165,675, Eff. 5/11/90.) 3. A separate application upon a form furnished by the Board, must be filed and a separate permit obtained for the moving of each separate building or structure, or portion of a building or structure. (B) Each application for a House Mover s Permit must show: 1. The type of construction of the building or structure to be moved and its maximum height, weight and length when loaded to be moved. (Amended by Ord. No. 136,358, Eff. 5/6/68.) 2. The street location or other identifying description to which it is proposed to be moved, and the route over, along, across and upon which such building or structure, section or portion thereof is to be moved; 3. The number of sections in which the building or structure will be moved; 4. The time when it is proposed to be moved and within which removal will be completed. (C) Immediately upon receipt of any such application, other than an application to move a building or structure under 18 feet in height, the Board shall mail notification to each public utility affected that such application has been filed and each said public utility shall immediately acknowledge receipt of such notification and within four (4) days thereafter shall submit its objection or assent to any of the work for which a permit is required, and shall also submit to the permittee a statement of the time required to rearrange its plant and equipment and an estimate of the cost of rearranging, protecting and restoring equipment, including any necessary protective flagging. Whereupon, the permittee shall deposit with each said public utility affected the estimated cost in cash, or in lieu of this, if satisfactory to the said public utility, shall provide a corporate surety bond, and the said public utility shall then immediately notify the Board that the permittee has complied with this requirement. (Amended by Ord. No. 154,911, Eff. 4/2/81.) At the expiration of said four (4) day period, or upon receipt of the written assent of all Public Utilities affected by the proposed moving of such building or structure, or section or portion thereof, the Board shall proceed to the determination of the issuance of such permit. Whenever any building or structure is proposed to be moved in more than one section, a separate permit shall be issued for the moving of each section or portion of such building or structure. No permit shall authorize the moving of more than one building or structure, or more than one section or portion of any building or structure in any case where any building or structure is to be moved in two or more sections or portions. Every permit shall become and be void unless such removal shall be completed within the time specified in the application for such permit, provided, however, that the Board may extend such time when the moving of any building or structure, or any section or portion thereof, is rendered impracticable by reason of inclemency of the weather, strikes, or other causes not within the control of the house-mover. (D) Whenever the State of California, by its own employees or by contract with an independent contractor, moves any house or structure and the State retains the control and supervision of the moving, no cash deposit or bond in lieu thereof, as in Subsection (C) hereof provided for, shall be required of the State or the contractor. (E) (Added by Ord. No. 115,282, Eff. 2/8/60.) No House Mover s Permit shall be granted by the Board except as follows: 1. The applicant shall post or have on file with the Board a policy of public liability and property damage insurance approved by the City Attorney and conditioned: That the permittee shall indemnify and hold harmless the City of Los Angeles and its officers and employees from any and all loss, costs, damages or expense resulting from or claimed to result from the operations of the permittee in moving or causing to be moved any building or buildings for which a permit has been issued, and that the permittee shall pay any and all loss, costs, damages, or expense sustained by any person for personal injuries or

37 property damage as a result of the moving of such building or buildings. A blanket coverage policy may be filed to cover two or more permits to be issued to the same permittee. The amount of the coverage to be provided by each policy required by this subdivision shall not be less than $100,000, bodily injury or death to one person, $300,000, bodily injury or death to two or more persons resulting from any one occurrence, and $50,000 property damage, any one accident. 2. In addition to such policy of public liability insurance, the applicant shall post or have on file with the Board a corporate surety bond in favor of the City of Los Angeles in the sum of $10,000 to protect said City from any loss due to damage to streets, sidewalks, curbs, traffic signals, street lights, public utility installations or any other city-owned property of any nature or kind. SEC HOUSE MOVERS COMPENSATION TO PUBLIC UTILITIES. (a) Upon the issuance of the permit provided for in Section it shall be the duty of the Board to so notify all Public Utilities affected thereby, and to instruct any of such Public Utilities to temporarily rearrange any of their properties necessary to permit the passage of any building or structure upon, over, along or across any street. Such notification shall state the time when and the route over which such temporary rearrangement of any property of said Public Utility shall occur; (b) No Public Utility shall fail, neglect or refuse to comply with said notice by the Board ordering such temporary rearrangement; (c) Such Public Utility shall charge each housemover, as compensation for making such temporary rearrangement of its property, the actual cost of rearranging and restoring any of said property plus a reasonable sum, not exceeding fifteen percent (15%) of such actual cost, as an allowance for supervision. (d) Such Public Utility must within 30 days from and after the completion of the work of making such temporary rearrangement or restoring of its property, present an itemized bill of the cost thereof to the housemover for whom such temporary rearrangement or restoring of its property was made. (e) In case the cost of the rearrangement, protection and restoration of said property is less than the amount estimated and deposited, as provided in Subsection (C) of Section 62.84, then the public utility shall return to the permittee depositing the same the amount of unused balance of said deposit, less the damage to said property, if any, caused by the negligence of the permittee in moving any building or structure or section or portion thereof. In case the actual cost is more than the amount estimated then such public utility affected shall collect the actual cost of the work from the permittee and the permittee shall pay said total cost. In the event a change of route is necessary, any additional expense shall be borne by the permittee. (Amended by Ord. No. 131,900, Eff. 4/9/66.) (f) The utility company shall notify the permittee of any additional work required and it shall be incumbent upon the permittee to order said work done, or have a representative on the ground who shall be authorized to order said additional work by approving the expense in connection with such additional work. SEC HOUSE MOVERS INTERFERENCE WITH UTILITY PROPERTY. No house mover shall interfere in any manner whatsoever with any property of any public utility, notwithstanding anything in the permit granted by the Board pursuant to the terms of Sections to inclusive. SEC HOUSE MOVER MUST PAY LICENSE. No permit shall be issued to any house mover pursuant to the terms of Sections to inclusive, unless such house mover shall have taken out the necessary license as provided for in Chapter II Article 1 of this Code. SEC HOUSE MOVERS DEPOSITS. No permit shall be issued to any house mover pursuant to the terms of Sections to 62.93, inclusive, until the applicant therefor shall have deposited with the Board the sum of $77.00 for each day or portion thereof which is required to move such building plus an additional deposit of $11.00 for each such day or portion thereof for each additional section of such building to be moved at the same time over the same route, as stated in the application, provided for in Subsection (a) of Section Any house mover may make and maintain with the Board a general deposit in the sum of $750.00, which general deposit shall be used for the same purpose as the special deposit mentioned in this section, and while such general deposit is maintained at the sum of $750.00, such house mover shall not be required to make the special deposit provided for in this section, but shall be required to comply with all other provisions set forth in Sections to 62.93, inclusive. (Amended by Ord. No. 138,488, Eff. 6/12/69.) SEC HOUSE MOVERS INSPECTION. Every building or structure or section or portion thereof moved over, upon, along, or across any street shall be moved under the inspection and supervision of the Board. The Board shall appoint an inspector for the moving of any building or structure and of each section or portion thereof; provided that in case two or more

38 buildings or structures, or two or more sections or portions thereof are being moved at the same time along a route or routes so situated that one person can inspect the same, only one person shall be appointed therefor. Such inspection and supervision in each case shall be for such time as the Board shall deem necessary for the performance of such service. (Amended by Ord. No. 136,358, Eff. 5/6/68.) SEC HOUSE MOVERS METHODS OF MOVING RULES AND REGULATIONS. (Amended by Ord. No. 108,646, Eff. 2/3/57.) It shall be the duty of any house mover, when required by the Board, to cause boards of sufficient strength to carry the load, without breaking to be placed under all of the rollers or wheels to serve as a runway for such rollers or wheels during the removal of any building or structure, or section or portion thereof, along every street improved in any other manner than by asphalt or concrete. At no time shall such rollers or wheels be permitted to revolve except upon such board runway when the same is required by the Board. All buildings shall be loaded on equipment having rubber-tired wheels. In the event that the equipment of the house mover is not sufficient for the work required, or if a street or the use thereof, or the property of any public utility will be at any time endangered or damaged by such removal, or if such house mover, or his servants or employees at any time violate any of the terms, conditions or restrictions of the permit required by Sec , either as to the size of dimensions of the building or structure being removed, or the route of such removal or otherwise, the authorized inspector shall be empowered to stop the progress of such removal and shall report such fact to the Board. The Board may adopt such rules and regulations as in its judgment may be needed to control the moving, the size, the weight, the equipment, the personnel, or any safety device necessary to safeguard the public interest safety, welfare and property in all matters pertaining to house moving. SEC HOUSE MOVERS POSTING OF RELOCATION PERMIT. A placard showing the number of the permit, the moving route and the mover s name, address and telephone number shall be posted on the building, or on each portion of such a building being moved separately, during the time it is moved. (Added by Ord. No. 123,533, Eff. 2/15/63.) SEC HOUSE MOVERS DAMAGE TO STREETS. In case of damage to any street by reason of the moving of any building or structure or section or portion thereof, the Board shall do such work as may be necessary to restore the street to as good a condition as the same was in prior to such damage and shall charge the cost thereof to the house mover to whom the permit was issued for the moving of such building, or structure, or section, or portion thereof. SEC HOUSE MOVERS - DEPOSIT DEDUCTIONS. (Amended by Ord. No. 165,675, Eff. 5/11/90.) A permit fee shall be deducted from the deposits provided for in Section In addition to a permit fee, a fee for inspection and supervision shall be charged for each 4 hours, or fraction thereof, during which the structure is being moved over upon, along or across any street, which sum shall also be deducted from the aforementioned deposit. If the move is not made and the permit is cancelled, the permit fee and inspection and supervision fee shall not be charged and the special deposit shall be refunded. In addition to any other deduction provided for in this section, a charge per day for each day that such building, or structure, or section or portion thereof shall have occupied any portion of the street, when the same is not being actually moved thereon, shall be deducted from the aforementioned deposit. The remainder of such deposit, if any, shall be refunded to the person making such deposit, or to his assigns. In case the deposit made pursuant to Section shall be insufficient to pay the cost of the service inspector and the cost of the repairs, if any, the person making such deposit shall, upon demand, pay to the Board a sufficient sum to cover all such costs. Upon failure to pay such sum, it may be recovered by the City in any court of competent jurisdiction. The fees and charges herein shall be determined and adopted in the same manner as provided in Section 12.37I1 of the Los Angeles Municipal Code for establishing fees. SEC HOUSEMOVING LIGHTS REQUIRED. No person moving any building, or structure, or section, or portion thereof, over, upon, along, or across any public street shall fail, neglect, or refuse to keep a red light (or such other devices as the Board may require) at all times between sunset and sunrise, at each corner of such building, or structure, or section, or portion thereof, and at the end of any projection thereof, while the same or any part thereof is located in or upon any public street. (Amended by Ord. No. 121,900, Eff. 6/4/62.) SEC PROTECTION OF SIDEWALKS.

39 No person shall drive any wagon or any other vehicle over, along or across any cement or other improved sidewalk or curb, unless planking is laid thereon in such a manner as to protect such sidewalk or curb. No person shall remove any such planking, except the person by, or for whom it was laid, unless permission therefor is granted by the Board. Provided, however, that the provisions of this section shall not apply to the driving of vehicles over sidewalks and curbs, at places where cement or asphalt crossings are constructed across such sidewalks or curbs. SEC PROTECTION OF STREETS TRACTORS, ETC. PROHIBITED ON. No person shall operate upon, or permit to be on or operated upon the improved portion of any concrete, asphalt, rock and oil, or oiled street or public way in the City of Los Angeles any vehicle having thereon a tire or tires, on the periphery of which there is or are any block, stud, flange, cleat, ridge, bead or any other protuberance of metal or wood which projects beyond the tread of the traction surface of the tire. This section shall not prohibit the use of tire chains of reasonable size to prevent skidding when upon wet or slippery surfaces, nor shall the restrictions of this section apply to such a vehicle when its operation on any street or road is necessary in the construction or repair thereof. SEC ANIMALS DRIVING ON STREETS PERMIT. No person shall drive any animal upon or along any paved street, alley, or public way if such conduct might reasonably be expected to damage such public property or interfere with public convenience without having first obtained a special permit from the Board to do so. The Board shall establish from time to time such regulations regarding said special permits as it finds are necessary. (Amended by Ord. No. 112,719, Eff. 2/28/59.) SEC HORSEBACK RIDING PROHIBITED ON MEDIANS. (Added by Ord. No. 165,293, Eff. 12/14/89.) Horses are prohibited on the median of any street in the City of Los Angeles except in those medians where bridle paths exist. SEC PAINTING HOUSE NUMBERS ON CURBS PERMIT REQUIRED. (Added by Ord. No. 122,905, Eff. 10/26/62.) (a) No person shall paint, stencil or affix, or cause to be painted, stenciled or affixed, any house or street address number on any curb in or adjacent to any public street without first having obtained a permit so to do from the Board. (b) No such permit shall be issued until the applicant therefor shall have complied with the following requirements: 1. Application shall be made on forms provided therefor by the Board and shall be accompanied by the payment of a fee. Said fee shall be determined and adopted in the same manner as provided in Section 12.37I1 of the Los Angeles Municipal Code for establishing fees. (Amended by Ord. No. 165,675, Eff. 5/11/90.) 2. The applicant shall file with the Board a policy of public liability insurance in which the City has been named as insured or co-insured with the permittee. The policy of insurance shall insure the City and its officers and employees against all claims arising out of or in connection with the issuance of the permit or the operation of the permittee or his agents or contractors pursuant to the permit. The policy of insurance shall provide coverage as follows: Bodily Injury $25,000 each person $50,000 each accident Property Damage $ 5,000 each accident 3. The applicant shall post and maintain with the Board a surety bond in the amount of $500. Such bond shall be executed to the satisfaction of the Board and shall be approved by the City Attorney as to form and legality. Such bond shall be payable to the City, shall be executed by a reliable surety company authorized to do business in California and satisfactory to the City, and shall guarantee compliance with the provisions of this section and all rules and regulations adopted by the Board pursuant thereto. EXCEPTION: The provisions of this subsection shall not apply to persons painting, stenciling or affixing house or street address numbers upon curbs abutting their own property. (c) No person shall fail to keep a copy of such permit upon his person and available for inspection at all times while performing such work and no person shall represent in any way to the owner or occupant of the premises in question or to anyone that the painting of such numbers upon curbs or elsewhere is required by any law, rule or regulation. (d) Any house or street address numbers which are painted, stenciled or affixed to any curb pursuant to the provisions of this section shall consist of black numerals not less than 2-1/2 inches, nor more than 4 inches in height on a white background. First quality paint shall be used in all cases.

40 (e) All permits issued under the provisions of this section shall expire on the 31st day of December following the date on which the permit was issued. (f) The Board may adopt such reasonable rules and regulations in furtherance of the provisions of this section as the Board shall determine are necessary, including but not limited to rules regarding the work to be performed and the method and manner of the solicitation for such work. (g) The Board may revoke or suspend any permit issued under the provisions of this section upon the permittee s violation of or failure to comply with the provisions of this section or the rules and regulations of the Board adopted hereunder or any other applicable law of this City or State. Any such action shall be done in accordance with the provisions of Section of this Code. (h) Neither the City of Los Angeles nor any Board, Commission, officer or employee thereof shall be liable or responsible for any work done by any permittee under the provisions of this section, or by any employee, agent or independent contractor of the City who paints over, obliterates or removes any house or street address number upon any curb in the course of establishing any official traffic control or street identification sign, or in the process of repair or replacement of curbs. SEC VIBROSEIS SURVEYS IN PUBLIC STREETS. (Added by Ord. No. 160,459, Eff. 11/28/85.) (a) Issuance of Permits. The Board of Public Works may issue a permit for vibroseis surveys on public streets when the Board determines that such activity will not interfere with the public s use of said street and this section has been complied with. No vibroseis survey shall be conducted on a public street without a current permit issued by the Board of Public Works as provided in this section. (b) Application for Permit. Requests for vibroseis surveys shall be filed with the Board at least thirty (30) days prior to the date requested for commencing permit-authorized work. The Board, upon receipt of an application for permit, shall give notice of the receipt thereof to the City Council office for each Council district in which the applicant requests permission to conduct its survey. (c) Permit Fee. The issuance of a permit shall be subject to payment of a permit fee plus a daily inspection fee assessable for each day the operation is in progress. The permit fee and daily inspection fee advance payment, based upon the applicant s estimated number of days of operation, shall be paid at the time the application is filed. The fees herein shall be determined and adopted in the same manner as provided in Section 12.37I1 of the Los Angeles Municipal Code for establishing fees. (Amended by Ord. No. 165,675, Eff. 5/11/90.) (d) Conditions for Granting Permits. The Board shall adopt written procedures and conditions relating to but not limited to, the requirements for liability insurance, citizen notification, restrictions on hours and days of operation, and other conditions set forth in the Bureau of Street Maintenance Report No. 1 adopted by the Board on September 24, 1984, a copy of which is a part of Council File No (Amended by Ord. No. 160,496, Eff. 12/19/85.) No permit shall issue unless the City Engineer has first determined and so notified the Board in writing, that the route of the vibroseis testing proposed in the application for permit does not contain potentially unsound clay or concrete sewer pipes, however, in the event the City Engineer cannot make such a determination, that office may recommend a prescribed alternate route through the area where such testing will not adversely affect such pipes, or, the Board may issue a permit on the condition that: 1. the permittee, prior to commencement of any such vibroseis work conduct a television inspection of any pipes in question and deliver the results of that inspection to the City Engineer; 2. the condition of the pipes so inspected by the permittee shall serve as a comparison basis for any similar television inspection by the City Engineer made after completion of the operation to ascertain whether the permittee s operation has had any effect on the pipes; and 3. the permittee, prior to commencement of its operation, provides insurance as prescribed by the Board, and also agrees to indemnify and hold harmless the City from any adverse effects to any persons, to the pipes, or to any other private or public property. If the City Engineer does not make the necessary route or alternate route determination or recommendations, or the applicant fails or refuses to agree to television testing of potentially unsound pipes and indemnification as provided hereinabove, no permit shall issue. SEC PARKWAYS IN COMMERCIAL AND INDUSTRIAL ZONES PAVING. (Added by Ord. No. 140,170, Eff. 5/17/70.) (a) Declaration of Purpose. It is the purpose of this section to provide a just, equitable, and practicable method, to be cumulative with and in addition to any other remedy available at law, whereby parkways in commercial or industrial zoned property fronting on major or secondary highways on which weeds, debris or an accumulation of rubbish exist in such amounts and to such an extent as to constitute a menace to the safety, health and general welfare of the people of this City, may be required to be paved. (b) Necessary City Council Determinations. If the City Council determines that weeds, debris or rubbish exist on parkways in commercial or industrial

41 zones fronting on major or secondary highways as shown on the latest revised Master Plan of Highways in such amounts and to such an extent as to create a menace to the public health, welfare and safety, and to constitute a public nuisance; and If the City Council further determines that it is impossible or impracticable to maintain such parkways free of such weeds, debris or rubbish by ordering the use of any other methods, the City Council may order the owners of property fronting on said parkways to pave said parkways with concrete including tree wells and street trees in accordance with the provisions of this section. (c) Zones Applicable. For purposes of this ordinance the following zones shall be considered commercial or industrial zones: P, PB, CR, C1, C2, C4, CM, M1, M2, and M3. (d) Notification to Pave. When the Board of Public Works finds that owners of property located in commercial or industrial zones fronting on parkways adjacent to primary or secondary highways have failed to maintain said parkways free of weeds, debris or rubbish, said Board may, upon instructions of the City Council, notify the owner or person in possession of the property fronting on the parkway to pave said parkway with concrete. (e) Notice Requirements. 1. Notice to pave the parkway may be given by delivering a written notice personally to the owner or other person in possession of the property facing upon the parkway or by mailing a postal card, postage prepaid, to the person in possession of such property or to the owner thereof at his last known address as it appears on the last equalized assessment roll or to the name and address of the person owning such property as shown in the records of the office of the City Engineer. (Amended by Ord. No. 181,595, Eff. 4/10/11.) 2. The postal card shall contain a notice to pave the parkway and the Board of Public Works shall immediately upon the mailing of the notice cause a copy thereof, printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous place on the property. 3. The notice shall specify the day, hour and place when the City Council will hear and pass upon objections and protests, if any, which may be raised by any property owner or any interested person, but in no case shall such hearing be sooner than 10 days after giving of notice. Upon the day and hour fixed for the hearing the City Council shall hear and pass upon such objections and protests. The decision of the City Council on a protest or objection which may be made shall be final and conclusive. 4. The notice shall set forth the street address and a legal description, sufficient for identification, of the locations at which the parkways are to be paved. It shall particularly specify what parkways are to be paved, and that the paving shall be done pursuant to the specifications set forth in the Municipal Code for sidewalk construction and pursuant to rules and regulations of the Board of Public Works and upon the issuance of a permit by the Board of Public Works. The notice shall further specify that if the construction is not commenced within 60 days after notice is given and diligently and without interruption prosecuted to completion within a reasonable time period to be specified in said notice, the Board of Public Works shall cause the paving to be done and the cost thereof shall be a lien on the property. (f) Failure to Comply With Notice Board to Perform Work. If the construction is not commenced and prosecuted to completion with due diligence as required by the notice, or by the City Council, the Board of Public Works shall forthwith cause the parkway to be paved, including providing for tree wells and street trees where applicable, and failure by the property owner to pay the costs of the work shall result in a lien against the property fronting on the parkway as provided below. (Amended by Ord. No. 175,596, Eff. 12/7/03.) Once the Board has commenced the paving work, the owner or person in possession of the affected property shall be deemed to have forfeited all rights and privileges to do such work and is thereafter prohibited from doing such work except as the Board may otherwise allow and if the owner or other person having charge or control of the affected property then proceeds to perform the work without a permit, the Board shall charge the person who caused said work to be performed the sum of $50.00 as partial reimbursement to the City for those expenses incurred in preparation of the work, including solicitation of bids, in the event the City contracts to have the work performed by private contractors. (g) Collection of Costs. All costs incurred pursuant to this section shall be a personal obligation against the owner of the property fronting on the parkway, recoverable by the City in an action before any court of competent jurisdiction. These costs shall include an amount equal to 40 percent of the cost to perform the actual work, but not less than the sum of $100.00, to cover the City s costs for administering any contract and supervising the work required. In addition to this personal obligation and all other remedies provided by law, the City may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections through (Amended by Ord. No. 175,596, Eff. 12/7/03.) (h) All payments of costs incurred including fees, fines, late charges and interest and of the partial reimbursement referred to in Subsection (f) shall be paid to the Board of Public Works and deposited in the City Treasury to the credit of the proper fund. (Amended by Ord. No. 175,596, Eff. 12/7/03.) SEC CURB AND SIDEWALK REPAIRS. (Amended by Ord. No. 146,040, Eff. 7/13/74.) When a sidewalk, driveway or curb constructed on any street shall be out of repair or in need of reconstruction, or in a condition to endanger persons or property passing thereon, or in a condition to interfere with the public convenience in the use thereof, the Board may require that the owners or occupants of lots or portions of lots fronting on said sidewalk, or curb and on the same side of the street where such sidewalk, driveway or curb is located to repair or reconstruct the

42 sidewalk, driveway or curb, or both. The Board may give written notice thereof to the owners of the adjoining premises, or to their agents or to the occupants of such premises, or by leaving a copy of such notice on such premises. (a) Notice Content of. Said notice shall contain a description of the work required to be done and shall designate the materials to be used and shall specify the manner in which said work shall be done. (b) Time Required for Repairs. Any owner, agent or occupant of any such premises, within two weeks after notice given as provided herein, shall commence the work of repair or reconstruction, or both, and shall do said work in the manner and with the materials specified in said notice. No owners, agent or occupant of any such premises where notice is given as provided herein shall fail, refuse, or neglect to commence the work required in said notice within the time permitted herein, nor shall any such person after having begun such work fail, refuse, or neglect to proceed diligently with the work to completion in the manner and with the materials specified in said notice. (c) Failure to Repair. In the event a person neglects, fails, or refuses within two weeks after notification, to begin the work of repair or reconstruction of the property designated in the notice, or fails to prosecute the work diligently to completion, the Board shall have the power to perform the work described in the notice. (Amended by Ord. No. 175,596, Eff. 12/7/03.) (d) Preventive Measures. The Board is authorized to take preventive action such as root pruning or tree removal to prevent damage to curbs, driveways or sidewalks. (e) Determination of Responsibility for Damage. (Amended by Ord. No. 175,596, Eff. 12/7/03.) Whenever the Board determines that a curb, driveway or sidewalk is damaged as the result of negligence or violation of this Code and the Board determines the responsible party, all costs incurred pursuant to this section shall be a personal obligation of the responsible party, recoverable by the City in an action before any court of competent jurisdiction. These costs shall include an amount equal to 40 percent of the cost to perform the actual work, but not less than the sum of $100.00, to cover the City s costs for administering any contract and supervising the work required. In addition to this personal obligation and all other remedies provided by law, if the Board determines that a curb, driveway or sidewalk is damaged to such an extent as to create a menace to the public health, welfare and safety, and to constitute a public nuisance, the City may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections through EXCEPTION: Preventive measures and repairs or reconstruction to curbs, driveways or sidewalks required as the result of tree root growth shall be repaired by the Board at no cost to the adjoining property owner. SEC STREETS, SIDEWALKS AND OTHER IMPROVEMENTS PERMITS REQUIRED. (a) No person shall lay, construct, reconstruct or repair in any street or in, over or through any property or right of way owned by or under the control of the City, any curb, sidewalk, gutter, driveway, approach, roadway surface, pavement, sanitary sewer, sewage works, storm drain, culvert, stairway, retaining wall or similar structure, building or improvement, or perform any grading or filling, or subject any sewer or storm drain to excessive live or dead loading without first obtaining written permit therefor from the Board and without first obtaining approval of plans and specifications and the lines and grades therefor from the City Engineer. (Amended by Ord. No. 115,316, Eff. 2/15/60.) (b) Any person who desires to make any such improvement upon any private property not dedicated to a public use, may, in order to obtain the City Engineer s approval of plans and specifications therefor, city inspection and supervision of the work and to assure that the improvement when completed will be to the satisfaction of the City Engineer and that his acceptance thereof will be available if the improvement be later submitted for dedication to public use, apply for and obtain a permit therefor which shall, after such voluntary application, be treated in all respects as a permit required by law, except that the bond for the faithful performance of the work, provided for in Section , may be waived. All fees, and all deposits, provided for in the following sections must be demanded and received as in the case of permits required by law, and the City Engineer may impose such other conditions as may, in his discretion, be required to assure that the work may be inspected and supervised without cost or expense to the City, that the work will not cause loss or damage to the City or to the public, and that the improvements when completed, will be acceptable for public use if and when they shall be dedicated to or devoted to such use. (Amended by Ord. No. 83,881, Eff. 2/4/41.) The inspection, supervision and other services rendered or undertaken by the City shall be consideration for any condition imposed upon the applicant and shall be withheld if he refuse any such condition. Whenever any applicant hereunder shall post with the City Engineer a bond conditioned in all respects as provided in Section , and adequate in amount to comply therewith, such bond shall for all purposes be deemed a bond posted pursuant to that section. (Amended by Ord. No. 83,881, Eff. 2/4/41.) Nothing in this subsection shall be deemed to bind the City to accept such improvements for public use, however, if for any reason said improvements are not in a condition satisfactory to the City Engineer at the time they are offered for acceptance for public use. (Amended by Ord. No. 83,881, Eff. 2/4/41.) SEC LOCATIONS OF DRIVEWAY APPROACHES. (Added by Ord. No. 115,316, Eff. 2/15/60.) Except as provided in Section of this article:

43 (a) No portion of a driveway shall be constructed between the prolonged intersecting property lines at any street or alley intersection, or between the points of curvature of any curb return having a radius of 20 feet or less. (b) No driveway shall encroach on or upon any curb return beyond or ahead of an existing traffic regulating device, and no portion of any driveway shall be constructed within five feet of an existing lighting standard. The location of a driveway with respect to traffic signals, poles, sign posts or fire hydrants shall be in accordance with City Engineer s standard plan of driveways. (c) No driveway approach shall be permitted if the abutting lot does not permit sufficient accommodation for the vehicles using said approach to park without encroaching into or upon the adjacent sidewalks. (d) No portion of a driveway approach, except side slopes, serving a certain lot shall extend in front of the adjoining lot without the consent of the owner of said adjoining lot. For this purpose, the division between two lots shall be a line passing through the common lot corner at right angles to the curb line regardless of the direction of the side lot line. (e) (Added by Ord. No. 162,096, Eff. 4/27/87.) If a lot in an RD1.5 or less restrictive zone has legal and physical access to both a standard street and a substandard street, then: (1) no new driveway shall be constructed from that lot to a substandard street; and (2) no existing driveway to a substandard street shall be enlarged in conjunction with a building permit for an intensification of use of the lot served by the enlarged driveway. Ten days prior to the issuance of a Class A permit for a driveway onto a standard street from a lot which also has access to a substandard street, the City Engineer shall notify the Department of Transportation of the pending application for a permit. For the purposes of this subsection: the City Engineer shall determine whether a street, is standard or substandard; and intensification of use shall mean any development of a site which would increase the height, floor area, number of occupants, dwelling units, guest rooms, or required parking previously contained in an existing building or on the lot; and development shall mean the construction of any building or structure, or the addition to or change of use of any land, building or structure. SEC WIDTH OF DRIVEWAY APPROACH APRON. (Added by Ord. No. 115,316, Eff. 2/15/60.) (a) The minimum width of an apron shall be 10 feet in the A, RE, RS, R1, R2 and RW Zones, and 12 feet in the RD, R3, R4, R5, C, M, P and PB Zones, measured along the existing or proposed curb line or, if neither exists, then measured as directed by the City Engineer. (Amended by Ord. No. 142,699, Eff. 1/22/72.) (b) The maximum width of an apron shall be 18 feet, measured along the curb line, when serving a lot in the A or R Zones said 30 feet when serving a lot in the C, M, or PB Zones, as said zones are provided for by Article 2, Chapter I of this Code. SEC LENGTH OF CURB SPACE. (a) Not less than 20 feet of continuous curb space shall be retained in front of each lot where the street frontage of the property served is greater than 40 feet. Where such frontage is 40 feet or less, continuous curb space shall be retained in front of each lot equal to one-half the length of the frontage, except that this provision shall not be applied to prevent the construction of one apron having a width of 10 feet in the A, RE, RS, R1, R2 and RW Zones, or a width of 12 feet in the RD, R3, R4, R5, C, M, P and PB Zones. (Amended by Ord. No. 142,306, Eff. 9/31/71, Oper. 2/9/72.) (b) Not less than 20 feet of curb space shall be retained between driveway approaches in front of each lot where there is more than one driveway approach serving any one lot. (c) Driveway approaches serving adjoining lots shall be separated by at least two feet of full height curb; except that, with the mutual consent of the affected property owners, two such adjacent driveway approaches may be merged into one, provided the maximum apron width along each lot, as set forth in Subsection (b) of Section hereof, is not exceeded. SEC SLOPE OF DRIVEWAY APPROACHES. Driveway approaches shall be constructed so as to accommodate a 2 1/2 percent upward slope from the top of the existing or proposed curb, or if none then from a point determined by the City Engineer. (Added by Ord. No. 142,306, Operative 2/9/72.)

44 SEC APPLICATION FOR DEVIATIONS FROM THE PROVISIONS OF SECTIONS (a), (b), (c) AND (d), , AND (Amended by Ord. No. 162,096, Eff. 4/27/87.) (a) Any person desiring permission to deviate from the requirements of Section (a), (b), (c) or (d), , or may file a request therefor in writing with the Board of Public Works. The request must state the exact nature of the deviation requested, and the reason or reasons for requesting it. (b) The Board may grant deviations from the requirements of Sections (a), (b), (c) and (d), , and , provided it first determines that the following conditions exist: 1. That the deviation requested arises from unusual or extraordinary physical conditions, or is necessary to permit the proper and lawful development and use of the applicant s property; 2. That the granting of the deviation requested will not be contrary to the public safety, convenience and general welfare; 3. That the granting of the deviation will not adversely affect the rights of adjacent property owners or tenants; and 4. That the specific application of the above-mentioned provisions would create unnecessary hardship in the development or use of the property. These decisions on deviations shall be in writing and shall specify the conditions and terms upon which they are granted. SEC TESTING AND ANALYSIS OF MATERIALS PRODUCTS, SERVICES, PROCESSES AND TECHNOLOGIES. (Title and Section Amended by Ord. No. 162,868, Eff. 11/22/87.) Any person or firm seeking the approval of or the testing and analysis by the Department of Public Works of any material, product, service, process or technology relating to this chapter shall first obtain a Class B Permit pursuant to Sections , and , and shall be required to pay the total costs incurred by the City for any such testing and analysis. SEC PERMITS CLASSIFICATION OF. (Amended by Ord. No. 152,836, Eff. 9/28/79.) All permits for work mentioned in Section or Section shall be granted under one of the following classes, to wit: (a) Class A shall include only the repair, construction or reconstruction of curbs, sidewalks, driveway approaches or gutters and work appurtenant to the foregoing, or work within a public easement, where, in the opinion of the City Engineer, the work contemplated is so limited in extent and such simplicity of design that the deposit of those fees provided herein for Class A permits will with reasonable certainty compensate and reimburse the City for the costs of inspection and supervision entailed. (b) Class B shall include all permits for work not included in Class A except for work for which a revocable permit is issued pursuant to Section of this Code. SEC FEES CHARGES FOR PREPARATION OF REQUIRED REPORTS BY THE CITY ENGINEER IN CONJUNCTION WITH LAND USE REVIEWS. (Title and Section Amended by Ord. No. 182,237, Eff. 9/28/12.) Before acceptance for examination by the City Engineer, the Bureau of Engineering shall charge and collect for services provided for applications or appeals filed pursuant to the provisions of Chapter I of this Code, or for other services requested in conjunction with a land use review, the following nonrefundable fees: (a) For each preliminary land use review, a fee of $125. (b) For each zone change, a fee of $7,125, unless the Bureau completed a preliminary land use review, in which case the fee is $7,000. (c) For each conditional use permit, a fee of $7,125, unless the Bureau completed a preliminary land use review, in which case the fee is $7,000. (d) For each City Planning case, a fee of $7,125, unless the Bureau completed a preliminary land use review, in which case the fee is $7,000. (e) For each site plan review, a fee of $7,125, unless the Bureau completed a preliminary land use review, in which case the fee is $7,000. (f) For each Coastal Development permit application or appeal, actual Bureau of Engineering costs and a deposit as determined and collected

45 pursuant to the provisions of Section (g) For each report prepared pursuant to the provisions of Section of this Code, a fee of $1,535. SEC WORK REQUIREMENTS. All work mentioned in Section shall be performed in accordance with the latest adopted manual entitled Work Area Traffic Control, the latest adopted Standard Specifications for Public Works Construction, any required plans and special specifications and any permit conditions, and shall be performed to the satisfaction of the Board. All work mentioned in Section shall be performed in accordance with specifications, or the specifications and plans, if plans are made, referred to in the permit for such work, and shall be performed to the satisfaction of the Board under the supervision of an inspector appointed by the Board for such work. (Amended by Ord. No. 142,123, Eff. 7/31/71.) If the warning signs, lights and devices required under this section are not promptly provided, the Board may provide them; the cost of such work performed by the Board may be billed to the permittee. (Amended by Ord. No. 142,123, Eff. 7/31/71.) Any person performing work requiring a Class B permit shall comply with all provisions of Section of this Code. Any person performing work requiring a Class A permit may be required to comply with the provisions of Section of this Code if in the opinion of the City Engineer such work involves possibility of contact with any subsurface installation. (Added by Ord. No. 150,478, Eff. 2/6/78.) SEC APPLICATION CONTENTS OF. (Amended by Ord. No. 142,123, Eff. 7/31/71.) Any person desiring a permit to perform any work mentioned in Section or Section shall file a written application therefor with the Board, which shall specify: (a) (b) (c) The location, nature and amount of work to be performed; The material to be used; Such other information as the Board may require. SEC CLASS A PERMIT FEES. (Title and Section Amended by Ord. No. 182,237, Eff. 9/28/12.) (a) Permit Application Fee. In addition to the fees identified in Subsections (b) and (c) of this Section, the Bureau of Engineering shall charge and collect a fee of $265 for each application for issuance of a Class "A" permit. (b) Inspection Fees. In addition to the fees imposed in Subsections (a) and (c) of this Section, the Bureau of Engineering shall charge and collect from an applicant for issuance of a Class "A" permit all of the following fees, where applicable: 1. Curb. A fee of $3.70 per linear foot for all types of curbs, including but not limited to depressed curbs across driveways, but not including the gutter portion of an integral curb and gutter. 2. Concrete Paving, Gutter, Sidewalk, Driveway. A fee of $0.85 per square foot for all types of concrete paving, gutters, sidewalks, access ramps and driveways. 3. Asphalt Resurfacing. A fee of $3.30 per square foot for all types of asphalt surfacing, including but not limited to roadways, alleys and driveways. 4. Area Drain. A fee of $15.95 for each area drain. 5. Tree Well. A fee of $15.95 for each tree well. 6. Pipe. A fee of $5.50 for each pipe. (c) Additional Authorized Charges. In addition to the fees imposed in Subsection (b) of this Section, where the Bureau of Engineering determines that a project requires the Bureau of Engineering to obtain more inspections than are funded by the fee imposed, the Bureau shall charge and collect Special Inspection Charges pursuant to the provisions of Section 62.05(a)(1)(cc). The provisions of Section and shall also apply to fees imposed pursuant to the provisions of Subsection (a) of this Section. (d) Testing Fees. In addition to the fees imposed in Subsections (a) and (b) of this Section, the Bureau of Engineering shall charge and collect from an

46 applicant for issuance of a Class "A" permit all of the following fees, where applicable: 1. Fills. A fee of $300 for each maximum density test conducted, one test required for each location; a fee of $115 for each relative compaction test conducted, one test required for each three foot layer of fill 50 feet long. 2. Concrete. A fee of $100 for each concrete cylinder with a minimum of two cylinders required for each 28 day test. The Bureau of Engineering may require testing of additional cylinders at a fee of $100 each when the Bureau of Engineering or the Bureau of Contract Administration determines that additional testing is necessary. (e) Application of Fee Provisions. 1. Except for applications subject to the provisions of Subdivision 2. of this Subsection, the provisions of this Section apply to all Class "A" permit applications, including but not limited to applications to engage in permitted work within a public easement. 2. The provisions of this Section shall not apply to an application for issuance of a Class "A" permit to repair damage caused by forces beyond the property owner's control, including but not limited to damage caused by a subsidence, pavement failure, earthquake, or trees located in a public right-of-way, although the applicable fees and charges shall be imposed for all other work authorized by the same permit which is not required to be performed because of such conditions. For this Subdivision to apply, an applicant must state on the application what work is exempt from the fees imposed by this Section, and the cause of the underlying damage. SEC CLASS A PERMIT FEE WAIVER PROGRAM. (Repealed by Ord. No. 182,237, Eff. 9/28/12.) SEC CLASS B PERMIT FEES. (Title and Section Amended by Ord. No. 182,237, Eff. 9/28/12.) (a) Fee Amount. The fee charged by the Bureau of Engineering to process a Class "B" permit application shall be the actual cost of services provided by the City for issuance and oversight of the permit and permitted project, except for costs that may be incurred by a Proprietary Department subject to the provisions of Article VI of the Los Angeles City Charter, and except for the Street Damage Restoration Fee and the Slurry Seal Damage Restoration Fee. The determination of the amount of actual City costs shall be made pursuant to the provisions of Section (a)(2), and the determination shall include but not be limited to the following costs: 1. Design, plan checking, surveying and all engineering costs and fees; 2. Inspection; 3. Testing of materials; 4. Furnishing of streetlight energy; 5. Furnishing and installing street name signs, street trees, traffic warning or regulatory signs; and 6. Sandblasting obsolete pavement markings. Notwithstanding the first sentence of this Subsection, the City reserves the right to impose additional fees and charges for services provided or costs incurred that were not included in the basis of the determination of the City's actual costs. (b) Deposit and Fee Collection Procedures. Before the Bureau of Engineering may issue a Class "B" permit subject to the provisions of this Section, the applicant must deposit with the Bureau an amount that the Bureau estimates will be owed pursuant to the provisions of this Subsection. The procedures contained at Section (a)(2) shall apply to the collection of fees owed and deposit required pursuant to the provisions of this Section. SEC CLASS B PERMITS PLANS BONDS INSURANCE. (Amended by Ord. No. 113,689, Eff. 7/4/59.) (a) Plans When Required. Upon the issuance of a Class B permit, special plans shall be prepared therefor and thereafter approved by the City Engineer, if in the opinion of the City Engineer such plans are necessary. (b) Class B Permits Bond Required. (1) (Amended by Ord. No. 135,199, Eff. 9/15/67.) No class B permit shall be issued unless the applicant shall first file with the City Engineer a

47 good and sufficient bond, approved by the Board or its duly authorized representative. The bond shall be in an amount equal to the cost of the proposed work as estimated by the City Engineer. The bond shall contain a condition requiring the faithful performance and completion of the work for which the permit is issued, in accordance with the permit and the plans and specifications prepared therefor, as well as a condition requiring the performance of any work required to be performed pursuant to the provisions of Section of this Code. The bond also shall require the payment of all costs referred to in Section which may be incurred or expanded by the City in causing such required work to be done. Said bond shall also guarantee payment to the City of all engineering inspection and administrative costs and fees incurred by the city as a result of issuance of the Class B permit. The bond shall be either a cash bond or a bond executed by a company authorized to act as surety in this State. EXCEPTION: No such bond shall be required for the issuance of a Class B permit for design or checking only, or where the requirement has been waived pursuant to the authority of Section (b) (2) Where any sewage works which include the installation of machinery or equipment to be operated by the City, are to be constructed, no Class B permit shall be issued therefor unless the applicant, in addition to the above mentioned bond, shall first file with the City Engineer a good and sufficient performance bond, approved by the Board, or its duly authorized representative. The bond shall be in an amount equal to one-half of the cost of the purchase and installation of such machinery or equipment, as estimated by the City Engineer, and shall be conditioned upon the repair, adjustment or replacement of any defective equipment or parts thereof, the correction of any faulty installation, upon the payment of all necessary costs and expenses which may be incurred or expended by the City, other than ordinary maintenance and operation expenses, to obtain satisfactory performance thereof during a period of one year from the date of acceptance of such sewage works by the Board. The bond shall be either a cash bond or a bond executed by a company authorized to act as surety in this State. (Amended by Ord. No. 112,719, Eff. 2/28/59.) (c) Cash Bond Reimbursement to Be Made Therefrom. (1) Whenever the applicant elects to post a cash bond, the Board is hereby empowered, in the event of any default on the part of the permittee in the performance of any work or improvement for which the permit was granted or in the payment of any charges due the City arising out of the issuance of such permit, to deduct therefrom on behalf of the City an amount sufficient to reimburse and to indemnify the City for any and all damages sustained by the City by reason of faulty or defective work, or by reason of carelessness or negligence of the permittee, or by reason of any failure on the part of the permittee faithfully and properly to perform and complete the work in accordance with the plans and specifications. In the event of any such default on the part of the permittee, the Board may, at its option, cause all the required work to be done and may expend therefor the whole amount of such cash bond or any part thereof. (Amended by Ord. No. 92,478, Eff. 12/21/47). (2) Whenever the applicant elects to post a cash bond under (b)(2) above, the Board is hereby empowered in the event that adjustment or replacement of any defective equipment or parts from the date of completion and acceptance by the Board of said work, and for a period of one year thereafter, to deduct from the cash bond deposited the amount or amounts of money necessary to correct any faulty installation, replacement of defective equipment or parts, and payment or payments for all necessary costs and expenses which may be incurred by the City other than ordinary maintenance and operation expense, to obtain satisfactory performance thereof during said period of one year from the date of completion and acceptance of such sewage works by the Board. (Amended by Ord. No. 92,478, Eff. 12/21/47). (d) Surety Bond Collection and Enforcement. (1) (Amended by Ord. No. 135,199, Eff. 9/15/67.) Whenever a surety bond has been filed in compliance with this section, the Board is hereby empowered, in the event of any default on the part of the principal, to enforce collection, under such bond of all sums due and unpaid to the City as charges arising out of the issuance of the permit, and for any and all damages sustained by the City by reason of faulty or defective work, or by reason of the carelessness and negligence of the permittee in the performance of the work, or by reason of any failure on the part of the permittee to faithfully and properly to perform, in accordance with the permit and the plans and specifications, the work or improvement for which the permit was issued, or by reason of any failure on the part of the permittee to faithfully and properly perform any work required to be performed pursuant to the provisions of Section In the event of any such default on the part of the permittee, the Board may, at its option, cause all the required work to be done and surety upon the bond shall be firmly bound for the payment of all necessary costs thereof. (2) Whenever a surety bond has been filed in the compliance with (b)(2) of this section, the Board is hereby empowered in the event that adjustment or replacement of any defective equipment or parts from the date of completion and acceptance by the Board of said work, and for a period of one year thereafter, to enforce collection under such bond, of all sums necessary to correct any faulty installations, replacement of defective equipment or parts, and payment or payments for all necessary costs and expenses which may be incurred by the City, other than ordinary maintenance and operation expense, to obtain satisfactory performance thereof during said period of one year from the date of completion and acceptance of such sewage works by the Board. (Amended by Ord. No. 92,478, Eff. 12/21/47.) (e) Termination of Bond. (1) The term of each bond filed or posted pursuant to this section, shall begin upon the date of the filing or posting thereof and shall end upon the date of the completion, to the satisfaction of the City Engineer, of all the improvements covered by the permit. The fact of such completion shall be evidenced by a statement thereof signed by the City Engineer, a copy of which shall be furnished to any surety upon request. In any case where a cash bond has been posted there shall be returned, on demand, to the permittee or to his successors or assigns, upon or after the date of the issuance of said certificate, the amount of such cash bond less the amount, if any, expended by the Board to complete the work or otherwise taken or deducted by the Board to reimburse or to indemnify the City for any loss or damage incurred prior to the date of such acceptance as a result of any default covered by the cash bond. (Amended by Ord. No. 92,478, Eff. 12/21/47.)

48 (2) The term of each bond filed or posted pursuant to (b)(2) of this section shall begin upon the date of filing and posting thereof and shall end one year from the date of the completion and acceptance of such sewage work by the Board. Where a cash bond has been posted, there shall be returned, on demand, to the permittee or to his successors or assigns, upon or after the lapse of one year from the date of the completion and acceptance by the Board of the sewage works, the amount of such cash bond less the amount, if any, expended by the Board for the adjustment or replacement of any defective equipment or parts, or to correct any faulty installations, or payments for all necessary costs and expenses which may be incurred by the City, other than ordinary maintenance and operation expense, to obtain satisfactory performance thereof during said period of one year from the date of completion and acceptance of such sewage works by the Board. (Amended by Ord. No. 92,478, Eff. 12/21/47.) (f) Duplication of Security Not Required. If the applicant has already on file with the City Engineer, and in full force and effect, a surety bond or a deposit posted pursuant to the provisions of the Subdivision Map Ordinance (Ordinance No. 79,310, approved March 1,1938) assuring the completion of the work for which the permit is requested, and adequate in amount to meet the requirements of this section, no other bond shall be required to be posted by him in order to comply with this section. (g) Class B Permits Issuance Required: (Amended by Ord. No. 153,469, Eff. 6/1/80.) A Class B permit for any work for which such permit is required, shall not be issued until the applicant has filed with the City Engineer a protective liability policy of insurance in which the City has been named as insured or as co-insured with the permittee. The policy of insurance shall insure the City and its officers and employees, while acting within the scope of their duties, against all claims arising out of, or in connection with, the operations of the permittee or any contractor or subcontractor of the permittee pursuant to the permit. The policy of insurance shall provide coverage as follows: Bodily Injury Property Damage $250,000 each person $500,000 each occurrence $500,000 aggregate products and completed operations $100,000 each occurrence $250,000 aggregate A combined single limit policy with aggregate limits in the amount of $1 million will be considered equivalent to the required minimum limits. SEC INSPECTOR APPLICATION FOR. No person shall commence any work mentioned in Section of this Code for which a permit has been issued, unless such person has made application to the Board for an inspector therefor at least 24 hours before commencing said work, specifying in said application the location at which and the day and hour when said work will commence. (Amended by Ord. No. 112,719, Eff. 2/28/59.) SEC COMPLETION OF WORK CERTIFICATE OF ACCEPTANCE. Whenever any permittee has completed any work under Class B permit, said permittee shall notify the City Engineer, or his duly authorized representative, in writing. If the City Engineer has found, by survey or inspection, or both, that the work has been completed in accordance with the requirements of the permit issued therefor, and all the provisions of Sections to , inclusive, he shall issue upon request of the permittee, a certificate of acceptance which shall contain a statement of the location, nature and total amount of the work performed under the permit. SEC PERMITS DURATION EXPIRATION CANCELLATION. (a) All Class A and B permits issued under the provisions of Sections to , inclusive, shall expire and be cancelled six (6) months after the date of their issue, unless sooner requested by the permittee and unless actual construction of the work authorized by the permit has been commenced prior to the expiration of the six (6) month period; all Class A and B permits shall expire and be cancelled sixty (60) days after the date on which actual construction of the work was commenced, unless a longer construction period is specified in the permit, in which case such permit shall expire at the end of the longer construction period specified therein. The Board may extend the time for the starting or the completion of the work, upon good and sufficient cause being shown therefor by the permittee, and such extension shall not be deemed to release any surety or any bond posted pursuant to Section (b) In the event any permittee shall not construct a portion of the work authorized by a Class A permit, such permit, upon the application of the permittee, may be cancelled as to the omitted work only. (c) The permits issued for any work in streets designated by the Board as important traffic arteries shall contain a completion date specified by the City Engineer in the permit and the permittee shall complete the work within the time specified in said permit. (Added by Ord. No. 111,083, Eff. 5/10/58.) SEC CLASS "A" PERMIT FEE REFUNDS. (Title and Section Amended by Ord. No. 182,237, Eff. 9/28/12.)

49 Upon expiration or cancellation of any Class "A" permit, the Bureau of Engineering shall refund to the permittee fees paid pursuant to the provisions of Subsection (b) and (c) of Section , after deduction of all charges applicable to work completed pursuant to the permit. In no event shall a permittee be entitled to a refund of the fee paid pursuant to the provisions of Subsection (a) of Section To obtain a refund pursuant to the provisions of this Section, a permittee must submit a written claim pursuant to the provisions of City Charter Section 350. SEC PERMITS AMOUNT OF WORK ALLOWED. No person to whom a permit has been granted under the provisions of Section to , inclusive, shall perform any of the work mentioned in Section in an amount or quantity greater than that specified in the permit, except that upon approval by the City Engineer, additional work may be done under the provisions of this permit in an amount not greater than ten per cent (10%) of the amount specified in the permit. Any bond posted in connection with the original permit shall be deemed to cover any such additional work as may be approved pursuant to this section, within the limit mentioned herein. SEC REMOVAL OF DEBRIS. No person performing any work under the provisions of Sections to , inclusive, shall fail, neglect or refuse to remove all material and debris within three (3) days after the completion of the work. Where new work is covered with earth, the terms of the specifications of this City governing such work shall control. SEC EXEMPTIONS. (a) Sections to , inclusive, shall not be construed to apply to the performance of any of the classes of work therein mentioned under contracts made by property owners and duly authorized by ordinance, or under contracts made by the Board in accordance with the provisions of the Charter of this City or the general laws of the State of California, providing for the improvement of streets in municipalities. (b) Sections to , inclusive, shall not be construed to apply to the construction, reconstruction, or repair of any curb or sidewalk by any department of this City or other governmental agency which elects to perform such work using its own departmental forces where in the opinion of the City Engineer surveys, plans or inspection are not required. This exception shall not apply to the performance of any such work by the contractor engaged to perform the same by any such department or governmental agency. SEC SPECIAL IMPROVEMENTS PAYMENT PERFORMANCE BY DEPARTMENT. Any person who desires to have the Department of Public Works perform any special service or any grading, construct any pavement, or other surfacing, or curb, sidewalk, gutter or any other public works in any street, alley or other public way either by the letting of a contract therefor or by using labor employed by the City and materials purchased by the City, and who desires to pay to the City the cost or any portion of the cost of such work, may apply to the Board of Public Works therefor. The Board of Public Works is hereby empowered, at its discretion, to arrange for the performance of said work and to accept deposits of such amounts as shall be determined by the Board to be necessary to pay the costs of the said work or portion thereof, and the amount of incidental expenses incurred by the City, or portion thereof, in connection with the performance of said work. Said amounts shall be deposited with the City Treasurer to the credit of appropriate funds under the jurisdiction of the Board, for which a proper receipt shall be rendered to the depositor. Upon the completion of the work, any unused portion of the money deposited shall be refunded to the depositor. SEC IMPROVEMENT IN PUBLIC STREETS ISSUANCE OF REVOCABLE PERMITS. (Title and Section Amended by Ord. No. 182,237, Eff. 9/28/12.) Where the City Engineer finds that a building, structure or improvement maintained or proposed to be constructed within a public street will not interfere with the maintenance or use of the street, and is not intended for use by the public, the Bureau of Engineering may issue one or more permits for the maintenance or proposed construction of such building, structure or improvement, or for an excavation in connection with such maintenance or construction. The Bureau of Engineering shall charge and collect a fee to conduct an investigation to determine whether to issue a permit pursuant to the provisions of this Section, and shall charge a fee of $540 if no field investigation is required (Tier 1 fee), and shall charge a fee of $1,800 if a field investigation is required (Tier 2 fee). If an applicant paid a Tier 1 fee and the Bureau of Engineering determines that it will be required to conduct a field investigation, the Bureau shall charge and collect from the applicant a fee of $1,260 in addition to the $540 already paid. If the Bureau is required to prepare a report of its investigation for consideration by the Board, the applicant shall not owe a Tier 1 or Tier 2 fee, and instead the Bureau shall charge and collect its actual costs (Tier 3 fee) and a deposit of such costs as determined and collected pursuant to the provisions of Section SEC RAILROADS STREET PAVING. No person owning or operating a steam, electric, interurban or street railroad shall pave that portion of any street used by the tracks thereof which such person is required by law to pave and keep in repair, or construct the tracks or the roadbed of such tracks in any other manner than as prescribed in Section to

50 inclusive. SEC RAILROADS MANNER OF ASPHALT PAVING. Whenever the Council shall order any street, upon or across which there are any steam, electric, interurban or street railroad tracks, to be paved with asphalt, vitrified brick, stone block or other permanent pavement, any person having such tracks thereon, shall construct the roadbed of such tracks in the following manner: All ties upon which rails are laid shall be firmly embedded in hydraulic cement concrete, or if the said person shall so elect, in ballast composed of broken stone or screened gravel, grouted as hereinafter provided. In case hydraulic cement concrete is used, it shall be composed, by volume, of not less than one (1) part Portland cement to three (3) parts sand and six (6) parts of broken stone or screened gravel. The concrete shall extend at least six (6) inches below the bottom of the ties with the top of the ties, but said concrete below the bottom of the pavement base need not extend more than three (3) inches beyond the ends of the ties. In case ballast is used it shall be composed of hard durable stone or of screened gravel, free from dust and dirt, of such sizes and so graded as to permit of thorough grouting. The ballast shall be at least six (6) inches thick below the bottom of the ties; and the space between and around the ties shall be filled in with ballast, level with the top of the ties; but said ballast need not extend more than three (3) inches beyond the end of the ties. The entire thickness of the ballast shall be thoroughly grouted with hydraulic cement mortar composed by volume of not less than one (1) part Portland cement, to three (3) parts sand; provided, however, that in case of any street ordered to be paved with asphalt, the Board may, at its discretion, grant such person special permission to use ballast without grouting, up to the level of the bottom of the base of such asphalt pavement; except, that in case such permission is granted, hydraulic or Portland cement concrete of the character herein provided, shall be laid between the ties and beneath the rails extending not less than one (1) foot on each side of each rail and not less than four (4) inches in thickness beneath the rails. SEC RAILROADS MANNER OF IMPROVING STREETS. Whenever the Council shall order the street upon or across which there are any steam, electric, interurban or street railroad tracks, to be paved or otherwise improved, any person having such tracks thereon, or across the same, shall pave or otherwise improve that portion of such street required by law to be paved and kept in repair, by any person having steam, electric, interurban or street railroad tracks thereon, in the following manner: The portion of the street between the rails, and for two (2) feet on each side thereof and between the tracks, if there be more than one, shall be paved or otherwise improved in a similar manner in all respects; except as hereinafter provided, to the work so ordered to be performed upon the contiguous portion of the street, under the same specifications and superintendence, with the same kinds of material and to the like satisfaction and acceptance; provided, that upon all streets which may be hereafter paved with asphalt, that portion of the street for a space of not less than six and one-half (6 1/2) inches on the gauge side and not less than three and three-quarter (3 3/4) inches on the outer side of each rail of such tracks and contiguous thereto, shall be paved with stone blocks; all of said blocks to be laid evenly and uniformly on edge in cement mortar upon a concrete foundation and grouted with hydraulic or Portland cement mortar, composed by volume, of one (1) part of cement to one (1) part sand. Special types of blocks or special methods of constructing the pavement along the rails, may be used with the written consent of the Board. Upon all streets which may be hereafter improved or re-improved with asphalt or similar pavement, the specifications for which require a binder course, such binder course need not be constructed between the rails, within two (2) feet of the rails, or between the tracks, if there be more than one track. The entire roadbed construction and paving, except as herein otherwise provided shall be in accordance with the plans and cross sections for railroad track construction, on file in the office of the City Engineer, which plans and cross sections are numbered and and are designated Plans and Cross Sections for Street Railroad Track Construction in the City of Los Angeles, and are hereby adopted as and for the plans and cross sections therefor. SEC RAILROADS TYPE OF RAILS. No person owning or operating any steam, electric, interurban, or street railroad, shall use any rails other than grooved girder rails not less than seven (7) inches in height, of such pattern and dimensions as shall be approved by the Board, in the track or in the construction of any new track of such stream, electric, interurban or street railroad, upon, along or across any street that shall, after the effective date of Ordinance No. 29,121, approved February 3, 1914, be paved or is paved with asphalt, vitrified brick, stone blocks or other permanent pavement, except on curves where guard rails are used, or on track crossings, or switches, or upon steel bridges, or on those portions of streets where the gradient exceeds ten per centum, or on any street intersection at the lower termination of gradients exceeding ten per centum. SEC RAILROADS CHANGE OF RAILS. No person owning or operating any steam, electric, interurban, or street railroad, shall use any rails, other than grooved girder rails, not less than seven (7) inches in height of such pattern and dimensions as shall be approved by the Board of Transportation Commissioners in replacing the rails of any tracks that shall be taken up and replaced, with new or other rails in streets now paved with asphalt, vitrified brick, stone blocks or other permanent pavement. Nothing herein contained shall be construed to require the use of such grooved girder rails on curves where guard rails are used, or on track crossings, or on those portions of streets, where the gradient exceeds ten (10) per centum, or on any street intersection at the lower termination of gradients exceeding ten (10) per centum, or on streets not paved with asphalt, vitrified brick, stone blocks or other permanent pavement, or upon steel bridges. Nothing herein contained shall be construed so as to prevent the use of any rails laid in such paved streets at the time Ordinance No. 29,121, approved February 3, 1914, became effective, until such rails shall be replaced or shall be required to be replaced by new or other rails as provided by Sections to inclusive. (Amended by Ord. No. 151,833, Eff. 2/10/79, Oper. 2/25/79.)

51 Rails laid and in use in such paved streets at the time Ordinance No. 29,121, approved February 3, 1914, became effective, may be replaced by rails of a type other than grooved girder rails, herein required with the written consent of the Board of Transportation Commissioners, in any case, where such replacement shall not exceed one hundred fifty (150) feet of single track. The Board of Transportation Commissioners is hereby authorized and directed upon application made to said Board of Transportation Commissioners to examine into and consider the facts and circumstances in each particular instance. Whenever, in the opinion of the Board of Transportation Commissioners, based upon traffic conditions on any street, it is unreasonable, under existing conditions to require the use of such grooved girder rails, or to require the construction work of any railroad to be done in the manner provided in Sections to inclusive, or whenever, in the opinion of the Board of Transportation Commissioners, based upon market conditions, it is impossible or impracticable to obtain such grooved girder rails, the Board of Transportation Commissioners is hereby authorized and empowered to permit, by order or resolution, the use upon certain designated streets, of rails other than grooved girder rails, of such pattern and dimensions as the Board of Transportation Commissioners may prescribe, and authorize the construction of the roadbed, and the laying of ties, to be done in such manner as the Board of Transportation Commissioners may determine and specify; and the Board of Public Works is hereby authorized and empowered in such instances, by order or resolution, to permit the paving adjacent to the tracks and other construction work to be done in such manner as the Board of Public Works may determine and specify. (Amended by Ord. No. 151,833, Eff. 2/10/79, Oper. 2/25/79.) SEC RAILROAD RAILS EXEMPTIONS. The provisions of Sections and shall not be deemed to require the use of grooved girder rails of the type described therein in the construction, operation or maintenance of electric street railroad tracks, upon the streets hereinafter named, or to require the removal of rails, other than grooved girder rails, laid prior to the adoption of Ordinance No. 29,121, approved February 3, 1914, in, upon or along the following named streets: Washington Street from Western Avenue to the westerly City Limits; Vernon Avenue from Vermont Avenue to the easterly City Limits; Adams Street from Eleventh Avenue to the westerly City Limits; Hoover Street from Seventh Street to Wilshire Boulevard; Beaudry Avenue from Alpine Street to Sunset Boulevard; Commonwealth Avenue from Wilshire Boulevard to Fifth Street. Nothing contained in this section shall be deemed to relieve any person constructing, operating or maintaining electric street railroad tracks in, upon or along any said tracks above named, in the event the rails of said tracks are hereafter removed, or said tracks, or roadbed reconstructed, from replacing the rails so removed and constructing the roadbed of such electric street railroad in accordance with the provisions of Sections to inclusive. SEC RAILROADS TIME OF COMPLETION OF WORK. Whenever the Council shall have, by Ordinance, ordered any street to be paved or otherwise improved, upon or across which the tracks of any steam, electric, interurban or street railroad exists, the Board shall, at the time said Board makes a written contract for and fixes the time for the completion of work described in such ordinance, by resolution, also fix the time within which any person having such steam, electric, interurban or street railroad tracks thereon, shall complete the reconstruction of the tracks and the roadbed of such tracks, in the manner provided in Sections to inclusive, and complete the paving in the manner specified in such ordinance, of the portion of such street, required by law, to be paved and kept in repair by such person, for the entire length of the street or portion thereof, used by such tracks and so ordered to be paved. In the case of any such street so ordered to be otherwise paved or improved, the Board shall fix a time within which any such person shall, in the manner specified in such ordinance, complete the paving or other improvement of such portion of such street, for the entire length of such street or portion thereof used by such tracks and ordered to be paved or otherwise improved. The Board by such resolution shall require such person to do the work specified therein, within the time so fixed. Said resolution shall refer to said ordinance for further particulars. Such time shall not be less than the time specified in such contract for the completion of the work described therein and may be for such longer period as the Board shall deem proper. The Board shall cause a copy of the resolution, certified by its secretary, to be forthwith served upon such person. Service of such copy may be made by delivering personally to the manager, superintendent or agent of such person in this City. Proof of the service of such notice shall be made by the affidavit of the person making the same and the record thereof shall be kept in the office of the Board. Nothing herein contained shall be construed to prevent the Board from extending the time so fixed by it and specified in said resolution, for good cause, and prior to the expiration thereof, upon an application in writing made by such person. Upon the service of the copy of the resolution, as aforesaid, it shall be the duty of such person to prosecute the work specified in resolution with due diligence to completion, within the time so fixed, or within such time as so extended by the Board. SEC RAILROADS PROCEDURE FOR REPLACING RAILS. (Based on Sec. 9, Ord. No. 29,121, Eff. 3/18/14.) Whenever any person having steam, electric, interurban or street railroad tracks upon or across any street that has already been paved with asphalt, vitrified brick, stone blocks, or other permanent pavement, shall desire to replace the rails of such tracks, or ties, or both, with new rails or ties, or both, such person shall, before commencing such work, give written notice to the Board of his intention so to do. Thereupon the Board shall cause an inspection to be made of the portion of the street where it is so proposed to do such work or replacement; and if upon such inspection, the Board shall find that the pavement thereof or the tracks or the roadbed thereof, where it is proposed to do such work, has not been constructed in conformity with the provisions of Sections to inclusive, the Board shall, by resolution, order said person to reconstruct such tracks and roadbed and any part thereof, and to repave the said portion of such street in the same manner as provided in Sections to inclusive. The Board shall, in such resolution, fix the time within which the work therein described shall be done and shall cause a copy of such resolution to be served upon such person. Such service shall be made, proved and a record thereof kept, in the same manner provided for the service of the resolution mentioned in Section The time specified in the order may be extended by the Board, for good cause, upon written application made by such person prior to the expiration of such time. If the Board shall find, upon such inspection, that the roadbed where it is proposed to lay such new rails or ties

52 has been ballasted with broken stone or screened gravel, nothing herein contained shall be construed to prevent the Board at its discretion, from not requiring such roadbed to be reconstructed. If the distance for which such person shall desire to replace such rails, or ties, or both, shall be less than one hundred and fifty (150) feet, the Board may, at its discretion, grant a special permit to use such paving material in the work as the Board may prescribe; and if such permit is granted, all work or paving and repairing thereunder shall be done under the instruction and to the satisfaction of the Board. Any person served with a copy of said resolution, as herein provided, is hereby required to prosecute the work specified therein diligently to completion within the time so fixed and stated therein, or within such time as may be extended by the Board. SEC RAILROAD BOARD MAY ORDER REPAIRS TO ROADBED. (Based on Sec. 10, Ord. No. 29,121, Eff. 3/18/14.) Whenever any portion of the roadbed, track, pavement or the wearing surface of the pavement of that part of any street required by law to be paved and kept in repair, by any person having steam, electric, interurban or street railroad tracks thereon, is out of repair, or needs reconstructing, the Board shall, by resolution, order such person to repair, replace or reconstruct such portion of the roadbed, track, pavement, or of the said wearing surface, within such time as the Board shall fix, which time shall be stated in such resolution. A copy of said resolution shall be served upon said person in the manner provided for the service of the resolution mentioned in Section Any person served with a copy of said resolution is hereby required to do the work of repair, replacement, or reconstruction within the time fixed therefor and stated in said resolution. SEC RAILROADS HOURS OF REPAIR IN CENTRAL TRAFFIC DISTRICT. No person having steam, electric, interurban or street railroad tracks upon or across any street within the central traffic district as defined in Section of this Code, shall replace or repair the rails of any such tracks or ties, or both, or repair, replace or reconstruct the roadbed, track pavement or wearing surface of such roadbed, or make any excavation in or under the surface of any street within said district for any such purpose, between the hours of Seven P. M. and Six A. M. of any day. The provisions of this section shall not apply to any emergency work or repairs to or upon any such rails, tracks, ties, roadbed, pavement or wearing surface within said district which excavation, work or repairs are made and performed under the direction or authorization of the Board. (Based on Sec. 10-a of Ord. No. 36,357, Eff. 5/25/17.) SEC PUBLIC BOULEVARDS USE OF. That the following regulations shall apply to those certain streets in this City, known as Wilshire Boulevard, from Park View Avenue to the west City limits; Adams Street from Grand Avenue to Hoover Street; Boyle Avenue from Whittier Boulevard to First Street; Alvarado Street from Seventh Street to Hoover Street; and Occidental Boulevard from First Street to Sixth Street; which have been heretofore dedicated as open, public boulevards: (a) No railroad or pipe line franchise shall ever be granted, and no railroad track or pipe line shall ever be laid or constructed, except water pipes, sewers, gas mains and conduits for telephone and electric wires, for service of the property fronting on said boulevards and house connections and connections of water, sewers, and gas pipe lines, or conduits for telephone and electric wires on intersecting streets. (b) No permit shall ever be issued allowing the moving of any house or building along and upon said boulevards and no house moving shall ever be done on said boulevards or along and upon the same between said points. (c) No person shall erect or maintain any telephone, telegraph or other pole or mast in or upon said Occidental Boulevard between First Street and Sixth Street; provided, however, that this section shall not apply to the erection or maintenance of any pole or mast for supporting street lamps erected and maintained by this City or by any person under contract with said City to light said boulevard. SEC SAND GRAVEL ON STREETS. No person shall place or leave any sand, gravel, dirt or rubbish or permit the same to remain on any street or sidewalk. SEC DECORATIVE LIGHTS OVER STREETS AND SIDEWALKS. (a) The Board is hereby authorized to grant permits to any person for the installation of temporary decorative electric lighting upon or over any street or sidewalk for a period not exceeding thirty (30) days. (b) Each such permit granted by the Board shall be signed by the Chief of the Electrical Division of the Department of Building and Safety, and shall state the kind of work to be done thereunder, the location where such work is proposed to be installed and the period of time for which such permit is granted. (c) The applicant for each such permit shall pay to the City such fees therefor as are fixed by Chapter 9, Article 3, and shall install such temporary

53 decorative lighting specified in said permit in accordance with the provisions of Chapter 9, Article 3. (d) No person shall fail, neglect or refuse to remove all such electric wiring, connections, fixtures, devices or other electric appliances installed pursuant to any such permit upon or over any street or sidewalk, or refuse to repair, replace or leave any such street or sidewalk in the same condition as it existed prior to the installation of such temporary decorative lighting. SEC STREET BANNERS. (Added by Ord. No. 86,614, Eff. 7/31/42.) (a) Purpose. The purpose of this ordinance is to provide a limited availability for charitable and non-profit entities to advertise their event or a series of events utilizing the City of Los Angeles' street light poles according to the criteria set forth below. It is not the intent of the City to provide a general public forum or to allow non-city entities or persons to post messages on the City's light poles by the use of street banners. The City shall not discriminate based on the content of the requested event banner, nor based on the nature of the event, provided that the requested banner meets all requirements of this ordinance. In no way shall this ordinance be construed to limit the City's inherent right to hang City sponsored street banners from municipal street light poles. (Added by Ord. No. 176,630, Eff. 6/14/05.) (b) Definitions. (Former Subsec. (a) Redesignated as Subsec. (b) by Ord. No. 176,630, Eff. 6/14/05.) 1. "Street Banner." Any pennant, streamer, flag, sign, picture, figure or other object, regardless of the material of which it is made, which is suspended or otherwise displayed over any public street, way or place, designed for decoration or advertisement, or to attract the attention of passersby; except, however, official warning devices, public service facilities, street lights and the like. The term shall not include signs the installation and maintenance of which is regulated by Article 1, Chapter 9 of this Code. (Amended by Ord. No. 89,977, Eff. 1/28/46.) 2. "Each Installation." Each wire or rope from which one or more street banner are suspended shall be deemed to be one "installation". Multiple banners suspended from a single pole shall also be deemed one installation, provided that the multiple banners comply with all other laws, rules and regulations covering street banners. (Amended by Ord. No. 172,899, Eff. 12/23/99.) 3. "Event." Shall be defined as something that takes place within the City of Los Angeles at a venue that is open for attendance by the City's citizens regardless of their age, gender, race, religion or physical disability. A telethon or phone-a-thon shall be considered an "event" under this definition if it meets all other requirements of this ordinance. (Added by Ord. No. 176,630, Eff. 6/14/05.) 4. "Community Event." Shall be defined as an event, or a series of events that promotes civic pride in a local community within the City of Los Angeles or the City of Los Angeles as a whole, and that is not a purely commercial enterprise and where the proceeds, if any, will directly benefit either a charitable or non-profit organization. (Renumbered and Amended by Ord. No. 176,630, Eff. 6/14/05.) 5. "Charitable Event." Shall be defined as an event, or a series of events where the proceeds, if any, will directly benefit a charitable organization that maintains its charitable status under Internal Revenue Code 501(c)(3). (Renumbered and Amended by Ord. No. 176,630, Eff. 6/14/05.) 6. "Non-Profit Event." Shall be defined as an event, or series of events that is sponsored by an organization that is incorporated or otherwise organized as a non-profit organization under the laws of the State of California or the Internal Revenue Code and where the proceeds, if any, will directly benefit either a charitable or non-profit organization. (Renumbered and Amended by Ord. No. 176,630, Eff. 6/14/05.) 7. "City of Los Angeles Event." Shall be defined as an event, or series of events that is organized and administered by the City of Los Angeles or by any of its operating departments, boards, commissions or bureaus and that has been approved by the City Council. (Renumbered and Amended by Ord. No. 176,630, Eff. 6/14/05.) 8. "Citywide Event." Shall be defined as an event for which organizers will install in excess of 200 banners. (Renumbered and Amended by Ord. No. 176,630, Eff. 6/14/05.) 9. "Non-Event Banner." Shall be defined as a banner that identifies or denotes on the banner an area, community, district or other recognized geographic portion of the City of Los Angeles, such as a Business Improvement District, or contains a public service announcement from the City and meets all other requirements of this ordinance. (Renumbered and Amended by Ord. No. 176,630, Eff. 6/14/05.) (c) Street Banners General Prohibition. No street banners shall be installed in the public right of way except for street banners expressly authorized by subsection (d) below. (Former Subsec. (b) Redesignated as Subsec. (c) and Amended by Ord. No. 176,630, Eff. 6/14/05.) (d) Street Banners Exemptions from General Prohibition. (Former Subsec. (c) Redesignated as Subsec. (d) and Amended by Ord. No. 176,630, Eff. 6/14/05.) (1) The City of Los Angeles may hang, or authorize a third party to hang on its behalf, street banners that announce a City of Los Angeles event. The City Council may also authorize the hanging of City of Los Angeles sponsored non-event street banners, including street banners requested by any of the City's operating departments, boards, commissions, bureaus or requested by other governmental entities, that do not announce a specific event but that contain public service announcements or that identify or denote on the banner an area, community, district or other recognized geographic portion of the City

54 of Los Angeles, such as a Business Improvement District. All banners requested by other governmental entities, other than the City of Los Angeles, shall be subject to the applicable fees as authorized in this code. (2) The City of Los Angeles may issue a permit to hang event street banners that announce either a Community event, a Charitable event or a Non- Profit event or non-event street banners requested by a charitable or nonprofit entity that identify or denote on the banner an area, community, district or other recognized geographic portion of the City of Los Angeles, such as a Business Improvement District. (e) Street Banners Content. (Added by Ord. No. 176,630, Eff. 6/14/05.) (1) The text on all event street banners that announce Community, Charitable or Non-Profit events shall be limited to the following content: the name of the event; the name of the charitable or non-profit organization who is the permit applicant, and, if the name of the organization is in a language other than English, the English translation of the name; the date of the event; the time of the event; the location of the event and, if desired by the applicant, either a telephone number or web address for persons to obtain additional information concerning the event. The name of any event shall be no more than 8 words and contain no more than 50 letters. (2) The content of all community identity non-event street banners shall be limited to the name of the area, community, district or other recognized geographic portion of the City of Los Angeles such as a Business Improvement District and may contain an introductory word or words, such as "Welcome to" or "Entering." City of Los Angeles non-event banners may contain public service information or messages. (f) Permit Required. No person shall install or maintain any street banner without a permit therefor from the Board of Public Works. A separate permit shall be required for each banner design and location, but all street banners suspended in one city block, or in a number of contiguous city blocks, by one permittee, shall be deemed to be at the same location. Permits shall not be issued for light poles on streets where the adjoining land use is primarily single-family residential. (Former Subsec. (d) Redesignated as Subsec. (f) by Ord. No. 176,630, Eff. 6/14/05.) (g) Application and Fee. Applications for permits shall be made jointly by the primary event sponsor and the commercial entity installing the banners upon forms prescribed by the Board. The application must include a clear replica of the proposed banner or banners, including any text on said banners, for each proposed installation, and said application shall also include all other information required by the Board for the protection of public safety, welfare and property. One application may include any number of locations, provided that the applicant must submit replicas of all different banners proposed to be installed under the single application. (Former Subsec. (f) Redesignated as Subsec. (g) and Amended by Ord. No. 176,630, Eff. 6/14/05.) (h) Insurance Policy to be Posted. (Former Subsec. (g) Redesignated as Subsec. (h) by Ord. No. 176,630, Eff. 6/14/05.) No permit shall be issued hereunder unless the commercial entity installing the street banners has on file with the Board a satisfactory policy of insurance so conditioned as to insure the City, its officers and employees 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 or which may be claimed to have been caused by or to have resulted from, the installation or maintenance of any street banner or appurtenance installed under the permit, or from any failure to install or maintain any such street banner or appurtenance in the manner required by this ordinance or by rule, regulation or order of the Board, or from any dangerous or defective condition or nuisance created thereby or resulting therefrom. Furthermore, by the policy, the City, its officers and employees as named assures, must be insured against any property damage or personal injury resulting from any such cause. In addition, the policy shall be so conditioned as to assure the ability of the applicant to respond in damages, in any action brought for personal injury or property damage sustained by any person, based upon any ground mentioned above. The limit of liability upon any policy posted or maintained hereunder shall not be less than $500,000. (i) Bond or Cash Deposit. (Former Subsec. (h) Redesignated as Subsec. (i) by Ord. No. 176,630, Eff. 6/14/05.) No permit shall be issued hereunder unless in addition to the insurance policy herein above required, the applicant commercial entity installing street banners posts or has on file with the Board a surety bond or cash deposit so conditioned as to assure that the City shall be reimbursed for any expense that may be incurred by the Board in removing any street banner or appurtenance installed pursuant to the permit, in repairing damage to street lighting equipment resulting from the banner installation, or in otherwise enforcing any order, rule or relation of the Board. Upon the face of each application received, the Board shall indicate the amount of indemnity required upon each permit requested, which shall be at the reasonable discretion of the Board. The amount of the bond or cash deposit shall not be less than the amount so indicated. The unused portion of any cash, or other deposit shall be returned to the applicant. The applicant commercial entity installing street banners shall be required as a condition to obtaining a permit, to indemnify and hold harmless the City, the Department, its officers and employees, from any liability resulting from the applicant's use of the public property and shall execute the necessary agreements satisfactory to the City Attorney. (j) Term Bond or Continuing Cash Deposit Acceptable. A separate bond or cash deposit may be posted in connection with each particular, but in lieu thereof, the Board may accept a term bond or a continuing cash deposit conditioned to cover all permits which may be issued to any one applicant commercial entity installing street banners during a specified period of not to exceed one year, provided, however, that when the total aggregate required indemnity on all permits requested by the applicant commercial street banner installation company is greater than the limit of liability on the term bond, or greater than the cash deposit maintained, no additional permits shall be issued to the applicant commercial street banner installation company until sufficient additional indemnity to cover the same is furnished. (Former Subsec. (i) Redesignated as Subsec. (j) by Ord. No. 176,630, Eff. 6/14/05.) (k) Permits Issuance Denial. Provided that any application for a permit to hang a street banner or banners meets the eligibility requirements of this ordinance, the Board shall issue, in whole or in part, a permit authorizing the installation of the requested street banner or banners, as long as the required fees,

55 bond, insurance policy and other protection prescribed above have been posted and approved and provided the installation of such banner or banners will not damage public property, unreasonably interfere with its proper use, or endanger public safety or welfare, as determined by the Board of Public Works. Each street banner permit application shall be reviewed by staff in consultation with the City Attorney to determine if the request complies with all the requirements of this ordinance. If staff determines that the request is in full compliance with this ordinance, the permit shall be issued. If staff determines that the application is not in compliance with this ordinance, staff shall timely notify the applicant of the reason or reasons for non-compliance and, if possible, suggest what could be done to bring the street banner request into compliance with the ordinance. If a street banner request is ultimately denied by the City, staff shall or fax the basis of the denial to the applicant. (Former Subsec. (j) Redesignated as Subsec. (k) and Amended by Ord. No. 176,630, Eff. 6/14/05.) (l) Permit - Duration. (Former Subsec. (k) Redesignated as Subsec. (l) by Ord. No. 176,630, Eff. 6/14/05.) (1) Single Event. The term of each permit shall be specified on the permit by the Board. The term of the permit for street banners announcing a single event shall not exceed 30 days. A permit may be renewed or extended for up to two additional 30 day terms. A permit may not be renewed or extended at any of the 30 day intervals when the City has on file, at the time of the requested extension, a permit application from a different entity seeking a permit for the same light poles occupied by the entity seeking the permit extension. The entity seeking the permit extension may request different light poles, if available, in instances where the original light poles are used by a new permittee. Under no circumstances shall a street banner announcing a single event installed pursuant to a permit issued pursuant to this code remain on the City's light standards for more than 90 days in a 12 month period. (2) Series of Events. The term of each permit shall be specified on the permit by the Board. The term of the initial permit for street banners announcing a series of events shall not exceed 60 days. An initial permit may be renewed or extended for one additional 30 day term. After 90 days, pursuant to an initial permit with two renewals, a second permit application may be submitted for a term of 30 days to maintain the already installed street banners. The second permit may be renewed for up to two additional 30 day terms. A permit may not be renewed or extended at any of the 30 day intervals when the City has on file, at the time of the requested extension, a permit application from a different entity seeking a permit for the same light poles occupied by the entity seeking the permit extension. The entity seeking the permit extension may request different light poles, if available, in instances where the original light poles are used by a new permittee. Under no circumstances shall a street banner announcing a series of events installed pursuant to a permit issued pursuant to this code remain on the City's light standards for more than 180 days in a 12 month period. (3) Non-Event. The term of each permit shall be specified on the permit by the Board. The term of the initial permit for non-event street banners shall not exceed 90 days. An initial permit may be renewed or extended for up to three additional 90 day terms. A permit may not be renewed or extended at any of the 90 day intervals when the City has on file, at the time of the requested extension, a permit application from a different entity seeking a permit for the same light poles occupied by the entity seeking the permit extension. The entity seeking the permit extension may request different light poles, if available, in instances where the original light poles are used by a new permittee. (m) Permits - Location of Street Banners Announcing an Event or Series of Events. All street banners announcing an event or series of events must be placed on all usable streetlight poles on one City block. Any permit to hang street banners announcing an event or series of events pursuant to this code shall be deemed a "City-wide" permit request if the number of light poles involved is 200 or more. If a permittee requests 200 or more light poles, the party requesting the permit may place a maximum of 50 street banners in the vicinity of the event venue and must place the remaining street banners equally in all Council districts. (Former Subsec. (l) Redesignated as Subsec. (m) by Ord. No. 176,630, Eff. 6/14/05.) (n) Permits Revocation. (Former Subsec. (m) Redesignated as Subsec. (n) by Ord. No. 176,630, Eff. 6/14/05.) Permits may be revoked by the Board in whole or in part on one or more of the following grounds: 1. The maintenance of any street banner endangers public welfare, safety or property; 2. Failure or refusal to observe any provision of this section or any rule promulgated by the Board pursuant to authority granted by this section; or 3. A material misrepresentation in the application. (o) Removal of Street Banner. (Former Subsec. (n) Redesignated as Subsec. (o) by Ord. No. 176,630, Eff. 6/14/05.) Upon expiration of any permit, any street banner covered thereby must be removed by the permittee within 72 hours of the date of expiration unless a renewal or written extension is granted by the Board. Any street banner not so removed may be removed by the Board without notice to the permittee. Upon whole or partial revocation of any permit, all street banners covered thereby must be removed on the same date of revocation unless a renewal or written extension is granted by the Board. Any street banner not so removed shall, upon reasonable notice to the permittee, be removed by the Board. Where any street banner presents an immediate threat of harm to the public health, welfare or safety, the Board shall summarily cause its removal. The costs of all Board removals shall be collected by the Board from the permittee or from his surety. (p) Installation and Maintenance of Street Banners. Every street banner must be installed and maintained so as to be safe at all times; it must not include a print size for any text smaller than that adopted by the Board of Public Works in its rules and regulations; it must not obstruct the clear view of traffic signals by pedestrians or operators of bicycles, motor bikes, cars, trucks or any other type of vehicle or mode of transportation; it must have a minimum clearance of 22 feet over rails used by freight cars, of 16 feet above roadways. The Board may prescribe other needed clearance requirements. (Former Subsec. (o) Redesignated as Subsec. (p) by Ord. No. 176,630, Eff. 6/14/05.) (q) Rules and Regulations. Consistent with this section, the Board may adopt rules or regulations to administer the installation, maintenance and removal of street banners including rules or regulations pertaining to their location, size, suspension and construction. The Board may adopt any other rule or regulation for

56 the protection of public safety, welfare or property. (Former Subsec. (p) Redesignated as Subsec. (q) by Ord. No. 176,630, Eff. 6/14/05.) (r) Commercial Content on Street Banners. Nothing in the general prohibition on street banners shall prevent a for-profit entity from receiving recognition on the street banners announcing an otherwise allowable Community, Charitable or Non-Profit event, or on permitted non-event street banners, provided that the recognition of the for-profit sponsorship shall be limited to the name and or logo of one for-profit sponsoring entity per street banner and the size of said name or logo shall be limited to less than 20% of the total area of the street banner. The City of Los Angeles may defray the cost of City of Los Angeles organized and administered events, and the cost of non-event street banners by allowing for-profit entities to co-sponsor City organized and administered events and non-event street banners, provided that the recognition of the for-profit entity's co-sponsorship of City events, or non-event street banners is limited to the same size and content as for allowable Community, Charitable, or Non-Profit events or permitted non-event street banners. (Former Subsec. (q) Redesignated as Subsec. (r) by Ord. No. 176,630, Eff. 6/14/05.) (s) The provisions of Article 7, Chapter 6, prohibiting certain outdoor advertising structures, post signs and advertising statuary adjacent to freeways, and establishing the procedure for the consideration and issuance of permits for such structures, signs and statuary, shall also apply in the same manner and degree to "Street Banner". (Former Subsec. (r) Redesignated as Subsec. (s) by Ord. No. 176,630, Eff. 6/14/05.) (t) Street Banners City Ownership after 30 Days. Up to 3% of the street banners included in any permit application and hung in the City of Los Angeles for more than 30 days may become the property of the City of Los Angeles, if a permittee is notified, at least three days prior to the expiration of the permit, that the City wishes to take possession of the street banners once they are removed from the City's poles by the permittee. If so notified, the permittee shall return the banners to the City once they are removed from the City's poles. If the City fails to notify the permittee at least three days before the expiration of the permit that it wishes to take possession of the banners, the City shall forfeit its right of ownership over said banners. (Former Subsec. (s) Redesignated as Subsec. (t) by Ord. No. 176,630, Eff. 6/14/05.) SEC CANOPIES. (Added by Ord. No. 88,703, Eff. 10/14/44.) (a) Definitions. For the purpose of this section, certain terms are defined as follows: 1. Canopy. The term canopy shall mean any fixed structure, framework, appendage, appurtenance, shelter or shade, without enclosing walls, covered with canvas, cloth, galvanized iron, aluminum, approved slow-burning plastic or similar material erected, constructed or maintained at or over the entrance way to a building or place of business within a building, and extending over any public street or sidewalk supported by an individual framework from the ground except such projections from buildings as are enumerated in Sec of this Code. 2. Approved Slow-Burning Plastic. The term approved slow-burning plastic shall mean an approved plastic which burns no faster than two and one-half inches per minute when tested in accordance with A.S.T.M. D or A.S.T.M. D (Amended by Ord. No. 108,894, Eff. 3/22/57.) (b) Permit Required. No person shall erect or maintain any canopy without a permit from the Board of Public Works. Any permit granted under the provisions of this section shall be valid only as to the location specified therein, and where application is made to erect and maintain two or more canopies, a separate permit shall be required for each canopy. (Amended by Ord. No. 91,257, Eff. 2/7/47.) (c) Expiration Renewal. Permits issued under the provisions of this section shall expire on the 30th day of June next following the date upon which each such permit is granted. Such permits may thereafter be renewed annually upon the payment of the fee hereinafter prescribed. Applications for renewal shall be made at least 30 days prior to the expiration of any permit issued. In the event a permit is issued for the erection or construction of a new canopy and said canopy is not erected or constructed within 90 days from the date of issuance of the permit therefor, said permit shall become null and void. (Amended by Ord. No. 91,257, Eff. 2/7/47.) (d) Applications. Applications for such permit shall be in writing upon forms provided by the Board. Each application for a permit to erect or construct a new canopy shall be accompanied by evidence showing whether the owners or persons in lawful possession of abutting properties on the same side of the public street (or streets where the canopy is to be erected or constructed on a corner) for a distance of 100 feet on each side of the proposed canopy, and within the same city block, object to or are agreeable to the erection, construction and maintenance thereof. (Amended by Ord. No. 91,257, Eff. 2/7/47.) (e) Issuance of Permits. (Amended by Ord. No. 96,851, Eff. 9/10/50.) The Board may issue a permit to erect or construct a new canopy if, in its judgment, the grant of the requested permit would not be contrary to the public interest and would not result in serious inconvenience to persons using the public street or sidewalk, or residing in the vicinity, and if the proposed location of the canopy is an appropriate one. No permit shall be issued to erect a canopy over the sidewalk at any location where the construction of such a canopy between the property line and the entrance to the building on the property is prohibited by the zoning regulations, as contained in Chapter I of this Code, or is prohibited by a building line or setback line established by ordinance. (f) Fees. Permit, annual inspection and renewal fees shall be charged for the erection, construction and maintenance of such canopy. Such fees shall be determined and adopted in the same manner as provided in Section 12.37I1 of the Los Angeles Municipal Code for establishing fees. In addition, an annual reimbursement of insurance costs fee of $5.00 shall be charged. (Amended by Ord. No. 165,675, Eff. 5/11/90.) (g) Insurance. No permit shall be issued hereunder unless the applicant post or has on file a satisfactory policy of insurance so conditioned as to insure the

57 City, its officers and employees against any loss, cost, expense, injury, damage or liability incurred by any reason of any personal injury or property damage sustained by any person, caused by or resulting from or which may be claimed or have been caused by or have resulted from the issuance of any permit under this section, with the erection, construction or maintenance of any structure or work under such permit, or from any dangerous or defective condition or nuisance created thereby or resulting therefrom. (Amended by Ord. No. 165,630, Eff. 4/23/90.) (h) Construction. All framework and supports including metal covering, if any, shall have corrosion-resistant surfaces. All sheet metal screws shall be stainless steel or equivalent. All bolts, nuts, and washers shall have cadmium plate, galvanized or equivalent corrosion-resistant surfaces. All metal surfaces shall be properly prepared before the protective coating is applied. If paint is used, the first coat must be a suitable, top quality metal primer like that used in current structural practice. The second and third coats must be a top quality outside synthetic enamel, the second coat to have a different shade from the third or final coat. All work shall meet current standard commercial practice. (Amended by Ord. No. 104,682, Eff. 1/29/55.) Each canopy shall be supported by vertical metal posts set into the sidewalk or parkway on a line not less than one foot and not more than two feet from the face of the curb; provided, however, that when the width of the sidewalk or parkway is such that in the opinion of the Board, two posts will not safely and satisfactorily support such canopy, additional vertical posts shall be installed, pursuant to instructions from the Board. (Amended by Ord. No. 104,682, Eff. 1/29/55.) Each canopy shall be constructed in such a manner that no portion thereof shall extend closer than one foot to the face of the curb. No canopy shall exceed a height of 12 feet or a width of 10 feet; except, however, where the entrance to any building or place of business exceeds the width of 10 feet, the Board may authorize a canopy of greater width. The horizontal framework shall not be less than eight feet above the sidewalk or parkway at every point. (Amended by Ord. No. 104,682, Eff. 1/29 /55.) A valance or border, if made of canvas, cloth or similar fabric, shall be at least seven feet above the sidewalk or parkway at every point; however, if the canopy is covered with metal, or an approved slow-burning plastic no portion of the valance or border shall be less than seven feet, six inches above the sidewalk or parkway at every point. A valance or border shall be of the same type of material as the covered portion. (Amended by Ord. No. 104,682, Eff. 1/29/55.) Wherever canvas, cloth or cloth-like plastic material is used as covering for such canopy, it shall be treated with a flame-retardant treatment to the satisfaction of the Fire Department. (Amended by Ord. No. 104,682, Eff. 1/29/55.) Canopies of metal or an approved slow-burning plastic shall be designed for a 15-lb. wind and a 15-lb. live load by an architect or engineer. Plans shall be submitted in triplicate with calculations to the City Engineer for his approval prior to the issuing of a permit. (Amended by Ord. No. 108,894, Eff. 3/22/57.) (i) Design of Coverings. Each canopy shall be covered with durable and substantial quality of canvas, cloth, galvanized iron, aluminum, an approved slow-burning plastic or similar material, and the aesthetic design of each canopy shall require approval of the Board of Cultural Affairs Commissioners. (Amended by Ord. No. 173,297, Eff. 6/30/00, Oper. 7/1/00.) No sign, poster, placard, banner, printing, lettering, name, wording, number, figure, electric illumination or advertising shall be on or attached to any canopy except printed or painted lettering and numbers on the lower half of the front, and on the valance or lower border of the sides of the canopy, not to exceed six inches in height and containing only the name of the building or place of business, and the legal street number thereof. (Amended by Ord. No. 108,894, Eff. 3/22/57.) (j) Inspection. Prior to the issuance of a permit for the erection or construction of a new canopy, an inspection shall be made of the place where the canopy is to be so erected or constructed. Prior to the renewal of any canopy permit an inspection of the existing canopy shall first be made. Each permittee shall at all times maintain his canopy in good condition and repair. (Amended by Ord. No. 91,257, Eff. 2/7/47.) (k) Power to Suspend or Revoke. The Board may revoke or suspend any permit for the erection and maintenance of any canopy for failure to comply with the provisions of this section, and it shall be unlawful for any person whose permit has been suspended or revoked to erect or maintain such canopy. In event of revocation of a permit, such canopy, including all framework and supports, shall be entirely removed, and the sidewalk or street restored to its original condition. Thereafter no permit shall be issued except in the manner provided for the granting of a new permit. (Amended by Ord. No. 91,257, Eff. 2/7/47.) (l) Regulations. The Board is authorized to prescribe such other uniform regulations as to structure, design, specifications for frame work and construction as it may deem necessary, to which regulations such canopies shall conform. (Amended by Ord. No. 91,257, Eff. 2/7/47.) (m) Plastics - Approval by Board. 1. All plastic materials of which canopies are to be constructed must be approved by the Board. (Amended by Ord. No. 91,257, Eff. 2/7/47.) 2. The Board may require that all plastic materials to be used in the construction of a canopy be submitted for test by a testing agency approved by the Board. No plastic material required by the Board to be submitted to a testing agency for analysis shall be approved by the Board unless the person requesting said approval submits a written report of the analysis by such testing agency. (Added by Ord. No. 108,894, Eff. 3/22/57.) SEC OVERLOADS DEFINITIONS. (Added by Ord. No. 82,863, Eff. 7/7/40.)

58 As hereinafter used in Sections to , inclusive of this article, the following words are defined as follows: (1) The word overload shall mean any vehicle or combination of vehicles exceeding as to height, width, length, size or weight of vehicle or load the limitations set forth in Division 15 of the Vehicle Code of California. (Amended by Ord. No. 123,538, Eff. 2/9/63.) (2) The words public utility are used as defined in Section of this Code. (3) The phrase Central Traffic District is used as defined in Section of this Code relating to traffic. (4) Public Street or Place shall mean and include any highway, alley, roadway, road, bridge, place or way of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. (Amended by Ord. No. 123,538, Eff. 2/9/63.) (5) Whenever any word or phrase used hereinafter in this article is not defined herein, the definition in the Vehicle Code of California shall be deemed to apply. SEC OVERLOADS PERMITS REQUIRED. (Added by Ord. No. 82,963, Eff. 7/7/40.) (a) It shall be unlawful for any person to move any overload upon any public street or place in the City of Los Angeles without a permit therefor from the Board of Public Works of the City of Los Angeles. (b) It shall be unlawful for any owner or other person having control or supervision over any overload to cause or permit any such overload to be moved over any public street or place unless a permit therefor has been issued by the Board and is valid and unrevoked. (c) Every permit shall be carried in the vehicle of combination of vehicles to which it refers and shall be open to inspection of any peace officer or traffic officer, any authorized agent of the State Department of Public Works, any inspector of the Board, or any officer or employee charged with the care or protection of the highways. (d) It shall be unlawful to move or to cause or permit to be moved any overload contrary to the terms of the permit issued by the Board. SEC OVERLOADS WHEN UNLAWFUL TO MOVE WITHOUT INSPECTION. (Added by Ord. No. 82,963, Eff. 7/7/40.) It shall be unlawful for any person, unless accompanied by an inspector assigned thereto by the Board, to move upon any public street or place, any overload: (a) (Deleted by Ord. No. 173,969, Eff. 6/22/01.) (b) (c) (d) 6/22/01.) When the load or transporting vehicle exceeds in width one-half the narrowest roadway over which such overload is moved; When the load or transporting vehicle exceeds eighteen 18) feet in width, or eighteen (18) feet in height; When the load or vehicle exceeds 110 feet overall in length, or 125 feet with steerable rear axles. (Amended by Ord. No. 173,969, Eff. (e) Waiver by Board. If the Board finds that the movement may be made safely, without damage to the pavement or undue interference with traffic, the Board may waive the requirements of this section. (Added by Ord. No. 108,046, Eff. 10/18/56.) SEC OVERLOADS, WHEN UNLAWFUL TO MOVE IN ANY EVENT. (Added by Ord. No. 82,963, Eff. 7/7/40.) It shall be unlawful for any person to move, or to cause or permit to be moved upon any public street or place: (a) (b) (None) Any overload over any route other than that expressly designated in the permit issued therefor; (c) Any overload on any of the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day; provided, however, that the Board may permit overloads to be moved on any of such holidays if it finds that the movement of the overload may be made safely and without undue interference with traffic. Such permission, when granted, shall be included in and made a part of the permit required by Section (Amended by Ord. No. 181,556, Eff. 3/15/11.)

59 (d) Any overload at any time of day not expressly designated in the permit; (e) Any overload within the Central Traffic District except between the hours of 12:00 o clock midnight and 6:00 o clock A.M.; (f) This section shall not apply to any overload moved at the special instance and request of any authorized police officer in the event of flood, fire or other public disaster or exigency. (Renumbered by Ord. No. 181,556, Eff. 3/15/11.) SEC UNATTENDED PARKING PROHIBITED. (Added by Ord. No , Eff. 7/7/40.) It shall be unlawful to park or to leave an unattended overload in and upon any street, alley or other public way in the City of Los Angeles between sunset and sunrise. It shall be moved off the traveled way or pavement so as to interfere in no way with passing traffic. SEC OVERLOADS NIGHT MOVING. (Added by Ord. No. 82,963, Eff. 7/7/40.) When any overload is moved at night, warning lights must be displayed indicating the clearance of such overload to the rear, to the front, and to each side; such lights must be at least four in number and be visible from a distance of five hundred (500) feet to the front, to the rear, and to each side, respectively, of such overload; flagmen must be employed to warn oncoming traffic of the presence of such overload. The inspector may require such additional warning and signs as may appear necessary for the protection of oncoming traffic. SEC OVERLOADS APPLICATION FOR PERMITS. (Amended by Ord. No. 123,538, Eff. 2/9/63.) No permit to move any overload shall be issued by the Board unless the applicant has first: (a) Made written application therefor upon forms provided by the Board. Said application shall fully describe the vehicle or vehicles to be operated and load to be moved, and except in the case of annual permits, the particular highways, public streets and places over which permission to operate is requested, and shall state whether such permit is requested for a single trip, or for continuous operation over a period not to exceed 30 days, or on an annual basis. The Board may require the applicant to furnish it with such other information as the Board determines is necessary under the circumstances in order to carry out the provisions of this article. (b) (c) Paid the fees required by Subsection (c) of this section and complied with all other applicable provisions of this article. (Amended by Ord. No. 165,675, Eff. 5/11/90.) At the time the application is filed to the Board, the applicant shall pay: (1) A fee for each single trip permit. (2) A fee for each day a 30-day permit shall be in effect. (3) A fee for each annual permit. The fees and charges herein shall be determined and adopted in the same manner as provided in Section 12.37I1 of the Los Angeles Municipal Code for establishing fees. (d) In lieu of paying those individual permit fees required by Subsection (c) of this section and in lieu of making those deposits required by Section , the applicant may make and maintain with the Board a general deposit in the sum of $ which shall be used to guarantee payment of permit fees and inspection fees to be billed on a monthly charge account basis. (Added by Ord. No 136,358, Eff. 5/6/68.) SEC OVERLOADS ISSUANCE OF PERMITS. (Added by Ord. No. 82,963, Eff. 7/7/40.) (a) If the Board shall determine, from the application or upon such independent investigation as the Board deems necessary, that the issuance of any permit would unreasonably subject highways, bridges or other public property or places to injury or damage or would create a hazard to life or property, it shall deny the application; otherwise, the permit shall be issued; but the Board in its discretion may limit the number of trips, establish seasonal or other time limitations within which the vehicle or vehicles described may be operated, or otherwise limit or prescribe conditions of operation, when necessary to assure against undue damage to road foundations, surfaces or structures, or to protect highways, bridges or other public property or places from injury or damage or to protect life or property; (b) The Board shall determine the times when the overload may be moved, in accordance with the provisions of this article, and in accordance with public convenience and safety;

60 (c) The Board shall determine the route over which each overload may be moved, in accordance with the clearance permitted by underpasses, overhead wires and other obstacles and conditions of a similar or dissimilar nature. SEC OVERLOADS 30 DAY AND ANNUAL PERMITS. (Amended by Ord. No. 181,556, Eff. 3/15/11.) (a) The Board may issue the following permits: (1) For continuous movement of identical overloads over the same route for a period not to exceed 30 days; or (2) On an annual basis for the moving of oversize or overweight truck cranes, house trailers, oil well service equipment, airline food service vehicles and miscellaneous construction equipment such as crawler tractors, carry-all scrapers, pull-type scrapers, crawler cranes, backhoes, rollers, compactors, pavers, portable conveyors, concrete spreaders, concrete tampers, concrete floats, tool sheds, construction offices and equipment utilized in filming; or (3) On an annual basis for the operation and movement of a vehicle on the public rights of way located in the Port of Los Angeles Heavy Container Corridor as determined by the Board, if the vehicle satisfies all of the following: (i) The vehicle consists of a tractor and chassis, and will be used to transport intermodal cargo containers, defined as any type of cargo conveyance that is non-disposable, has an outside length of not less than 6.04 meters, and is primarily designed, constructed, certified and approved for the movement of cargo in intermodal transportation; (ii) The vehicle, in combination with its load, has a maximum gross weight in excess of the maximum gross weight limit of vehicles and loads specified in Section of the California Vehicle Code, or a successor section, but the vehicle, in combination with its load, does not exceed 95,000 pounds gross weight; and (iii) The vehicle, in combination with its load, confirms to the axle weight limits specified in California Vehicle Code Section 35550, or a successor section, and does not exceed the axle weight limits specified in California Vehicle Code Section 35551, or a successor section. (b) A permit issued pursuant to the provisions of Subsection (a) of this Section shall not authorize the movement of hazardous material or hazardous waste, the transportation of which by the permittee in the permitted vehicle would violate local, state, or federal law. (c) The Board shall have the authority to adopt policies, rules, and regulations to effectuate the purposes of this Section and to implement and administer its duties imposed pursuant to the provisions of this Section. The Board's authority includes, but is not limited to, requiring applicants to provide proof of insurance pursuant to the provisions of Section , requiring applicants to agree to indemnify the City for damages caused by operation of the permitted vehicle, and requiring persons issued permits to keep the permit in the permitted vehicle at all times and furnish the permit upon request to an agent of the Board or to any law enforcement officer or official. The Board, to safeguard the public health, safety, welfare or property, may regulate the movement, size and weight of the material being transported pursuant to a permit issued under the provisions of Subsection (a) of this Section, and the Board's regulatory authority includes, but is not limited to, designating routes that can be traveled, days and hours that materials can be transported, and required safety devices. (d) The Board or its authorized agent may suspend or revoke a permit issued pursuant to the provisions of Subsection (a) of this Section for any of the following reasons: (1) The failure of the permittee to abide by any of the requirements of this Section or of the Board's rules, regulations or requirements; or (2) The failure of the permittee to maintain the required insurance; or (3) Where the Board or an authorized agent of the Board determines that there is sufficient cause to suspend or revoke a permit because the continued movement of the vehicle for which the permit was issued would jeopardize the safety of motorists or would damage the right of way. SEC OVERLOADS PERMITS LIMITATIONS AND REQUIREMENTS. (Added by Ord. No. 82,963, Eff. 7/7/40.) (a) (Amended by Ord. No. 123,538, Eff. 2/9/63.) No permit to move any overload shall be valid unless it shall set forth specifically on its face: (1) The period of time for which it is to be effective; (2) The route or routes over which the overload or overloads may be moved; (3) The hours of the day during which the overload may be moved. (b) No permit shall be granted to move any overload exceeding ten feet in width during the following hours: Monday through Friday, from 7:00 a.m. to

61 9:00 a.m., and from 4:00 p.m. to 6:00 p.m. (Amended by Ord. No. 181,556, Eff. 3/15/11.) (c) This section shall not apply to any overload moved at the special instance and request of any authorized public officer in the event of flood, fire or other public disaster or exigency. (Amended by Ord. No. 145,625, Eff. 4/6/74.) SEC OVERLOADS INSURANCE BONDS. (Amended by Ord. No. 133,054, Eff. 10/27/66.) (a) Every applicant for a single trip, thirty day or annual permit to move any overload over any public street or place within the City shall post and maintain with the Board before the permit is issued a policy of property damage insurance or a bond in the amount of not less than $10,000 or in such greater amount as the Board deems satisfactory. Such policy or bond shall be first approved by the Board and shall be conditioned that the permittee will pay any and all loss or damage sustained by or done to any public property as a result of the movement of such overload, and the City shall be indemnified for any such loss or damages. (b) If the policy of property damage insurance or bond is insufficient to pay such costs, the balance may be recovered by the City from the permittee in any court of competent jurisdiction. SEC OVERLOADS - INSPECTION. (Amended by Ord. No. 165,675, Eff. 5/11/90.) (a) Every applicant for a permit to move any overload required by law to be accompanied by an inspector shall deposit in advance an amount to be determined by the Board to be adequate to cover the cost of inspection. Such deposit shall be determined by applying the charge established by the Board for each 4 hours, or fraction thereof, to the time deemed by the Board necessary for the performance of such service. In lieu of making individual deposits for each application, the applicant may make and maintain with the Board a general deposit in the sum of $500.00, which shall be used to guarantee payment of permit fees and inspection fees to be billed on a monthly charge account basis. (b) At the completion of the moving of such overload, the Board should deduct from such individual deposit (or if a general deposit is maintained, the Board shall bill) the established charge for each 4 hours or fraction thereof of time required for such inspection, and shall refund to the depositor any difference between the amount deposited and the amount so deducted. (c) fees. Charges herein shall be determined and adopted in the same manner as provided in Section 12.37I1 of the Los Angeles Municipal Code for establishing SEC OVERLOADS ASSIGNMENT OF INSPECTORS. (Added by Ord. No. 82,963, Eff. 7/7/40.) (a) Whenever any overload is required by law to be accompanied by an inspector, and when a valid permit has been issued therefor, and when all fee and deposits have been paid to the Board, the Board shall assign an inspector to accompany the overload. (b) It shall be the duty of the mover of such overload to notify the Board at least twenty-four (24) hours in advance of the time the move is to be started. SEC OVERLOADS DISPLACEMENT OF PROPERTY OF PUBLIC UTILITY. (Added by Ord. No. 82,963, Eff. 7/7/40.) Whenever the moving of any overload shall require the removal or displacement of any wire or other property of any public utility it shall be the duty: (a) Of the Board to give notice, to determine upon the issuance of the permit and to otherwise act in the manner prescribed in Section 62.84B, and of this Code as to the applications of house movers; (b) movers; (c) Of the applicant or permittee, to give notice, to make deposits and to make compensation as in said sections required on the part of house Of the Public Utility, to act as prescribed in the provisions of said section relating to Public Utilities. SEC OVERLOADS MOVEMENT OF BY GOVERNMENTAL AUTHORITIES. (Added by Ord. No. 83,584, Eff. 12/15/40.) The provisions of Section to , inclusive, shall apply to the United States, this State, counties, municipal corporations, school districts and to all other governmental bodies, agencies or instrumentalities; provided, however, that if any such government or governmental agency or instrumentality shall file with

62 the Board an agreement in writing to pay all damages, costs or expenses which may be suffered or incurred by this City as a result of the movement of any overload by such government, agency or instrumentality, then it need not pay any permit fee or post any deposit or policy of property damage insurance otherwise required by any such provision. This exemption shall not apply to any private contractor engaged by any governmental body nor to any equipment or vehicle not operated by an employee of the governmental body moving the overload under the supervision and control of an officer thereof. (Amended by Ord. No. 123,538, Eff. 2/9/63.) SEC OVERLOADS WHERE EXCEPTIONS ARE PERMISSIBLE. Whenever the Board shall determine that the interests of the national defense or public safety require that any overload be moved at a time or in a manner not permitted by the express provisions of the article, it may endorse upon the permit an express exemption from any such particular provisions, which exemption shall be effective as to any overload moved under that permit. The Board may attach such conditions to any such exception as it may deem reasonable to be required for public safety or the protection of property, including a requirement of fair indemnity on behalf of the City, members of the public, or both. (Amended by Ord. No. 145,625, Eff. 4/6/74.) SEC OVERLOADS SPECIAL ENGINEERING SERVICES FOR LARGE OR HEAVY LOADS. (Added by Ord. No. 182,237, Eff. 9/28/12.) An application for issuance of a permit pursuant to the provisions of Sections or to transport a large or heavy overload requires the Bureau of Engineering to review the proposed route and the load carrying capacity of any bridge or structure on the route to insure the safety of the applicant and the public. The Bureau of Engineering shall charge and collect the following fees for Bureau services provided pursuant to the provisions of this Section: (a) A fee of $70 for the review of each permit application for an overload heavier than 75 tons with 9 or fewer axles and that does not exceed the Purple overload limits established by the California Department of Transportation for tandem axle capacity and axle spacing. (b) An applicant for a permit for an overload heavier than 75 tons with 9 axles or more and that exceeds the Purple overload limits established by the California Department of Transportation for tandem axle capacity shall pay actual Bureau of Engineering costs of providing its services and a deposit of such costs, and the actual costs and deposit shall be determined and collected pursuant to the provisions of Section and (c) A fee of $140 for the review of each application for an annual permit issued pursuant to the provisions of Section SEC PLANTING, MAINTENANCE AND CARE OF PLANTS IN CITY STREETS JURISDICTION OF BOARD. The Board, through its authorized officers and employees, shall exercise jurisdiction and control over the planting, maintenance and care of trees, plants and shrubs in all streets of the City. (Added by Ord. No. 153,500, Eff. 4/18/80.) SEC POWER TO PLANT, MAINTAIN AND ISSUE PERMITS. (Added by Ord. No. 153,500, Eff. 4/18/80.) (a) The Board, through its authorized officers and employees, shall have charge of and direct and supervise the planting, removal, trimming, pruning, cutting and maintenance of trees, plants and shrubs in the streets of the City, and shall have charge of all work incidental to the above activities, and shall issue all permits for the replacement, removal, planting, cutting, pruning or trimming of trees, shrubs and plants in the streets of the City. (b) The Board, through its authorized officers and employees, shall determine the variety of trees, shrubs and plants that may be planted in, upon or along any street, or any portion thereof, and the distance apart at which such trees, shrubs or plants shall be planted. The permit issued for the planting of such trees, shrubs or plants shall state the variety of trees, shrubs or plants that shall be planted, the distance apart at which the same shall be planted and the location of each tree, shrub or plant, and the size thereof. SEC DUTIES REGARDING MAINTENANCE OF PLANTS. (Added by Ord. No. 153,500, Eff. 4/18/80.) It shall be the duty of the Board, through its authorized officers and employees: (a) To set out or plant any and all shade trees and shrubbery on public streets or parkways, and to take general care and supervision of all trees, plants and shrubbery planted and growing in the streets of the City, and to encourage the planting, care and preservation of shade or ornamental trees and shrubbery in said streets as hereinafter set forth; (b) To inspect all trees, shrubs and plants in all streets of the City which are open for travel, and, upon discovering that any such trees, shrubs or plants are infected or infested with scale, plant or animal life or growth or any insect detrimental to the growth, health or life of such trees, shrubs or plants, to remove, eradicate or destroy such condition. If any trees, shrubs or plants in any street are so infected or infested to such a degree that such condition cannot be removed, eradicated or destroyed by the usual means and efforts employed, such trees, shrubs or plants may be removed and destroyed if such removal and destruction is deemed appropriate by the Board;

63 (c) To inspect any and all trees, shrubs and plants which are in any street in said City, or which, standing on any private estate, overhang or project into any such street, to determine whether any of the same or any part thereof appears to be dead, liable to fall, dangerous or an obstruction to public travel on any such street. SEC TREE PLANTING RECORDS PLANS. The Board, through its authorized officers and employees, shall prepare and keep records, maps or plans, showing the kinds of trees which have been planted, from time to time, upon the streets of the City, under the Board s supervision. (Added by Ord. No. 153,500, Eff. 4/18/80.) SEC BOARD TO PREPARE REPORTS. The Board, through its authorized officers or employees, shall prepare all reports required by law under any general laws of the State of California in connection with the planting or maintaining of trees on streets in the City, and said Board shall exercise the powers and duties that are now or that may hereafter be imposed by general laws of the State relating to tree planting, except such powers and duties as are placed on other officers, boards or employees by the Charter, and shall make recommendations to the Council from time to time as to what particular work should be ordered by the Council under the various tree planting acts of the State of California. (Added by Ord. No. 153,500, Eff. 4/18/80.) SEC STREET OBSTRUCTIONS BY TREES JURISDICTION. The Board, through its authorized officers or employees, shall have charge of enforcing and carrying out the rules and regulations prescribed under Section of this Code. (Added by Ord. No. 153,500, Eff. 4/18/80.) SEC ASSESSMENT LEVY FOR PLANTING. In the event that the City shall itself undertake to do the actual work of planting and maintaining trees, shrubs, plants and lawns in any street under any general law of the State of California, or in conformity with any procedure or ordinance of the City of Los Angeles, the same shall be done by the Board and assessments shall be levied thereby. Collection of such assessments shall be made by the person designated by law to do so. (Added by Ord. No. 153,500, Eff. 4/18/80.) SEC REMOVAL OF OBSTRUCTING PLANTS. In case any tree, shrub or plant in any street in the city, or standing on privately owned real property and overhanging or projecting into a public street, appears to be dead, liable to fall, dangerous, or an obstruction to public travel on any such street, the Board shall cause the same, or such parts thereof as are dead, liable to fall, dangerous, or an obstruction to such public travel, to be cut down, and, if in the street, to be removed therefrom. Before the Board causes any such tree or shrub to be cut down or removed, the Board shall give at least ten days written notice of its intention to so proceed to the owner, occupant, or agent of the property upon which the tree or shrub is located, or of the property which abuts that part of the street in which the tree or shrub is located, provided, however, that where the immediate cutting and removal of the tree is necessary to protect the public from danger, such notice shall not be required. Such an owner, occupant, or agent may file with the Board his or her objection to such cutting and removal. These objections must be filed within seven (7) days after the Board has given such notice of intent. In the event the objections are timely filed, the tree or shrub shall not be cut down or removed unless such owner, occupant, or agent has been given a reasonable opportunity to be heard in support of his or her objection. The Board s determination after the hearing shall be set forth in writing and a copy thereof forwarded to the party who had filed the objections. (Added by Ord. No. 153,500, Eff. 4/18/80.) SEC PERMIT REQUIRED TO PLANT IN STREETS. No person shall plant, remove, destroy, cut, prune or deface or in any manner injure any tree or shrub in any street in the City, without first obtaining a permit to do so from the Board. (Added by Ord. No. 153,500, Eff. 4/18/80.) SEC CONDITIONAL PERMIT TO REMOVE OR DESTROY TREES. The Board may require, as a condition to any permit to remove or destroy a tree, that the permittee plant another tree of the type and size specified in the permit, within forty (40) days from the date of the issuance of the permit, in place of the tree to be destroyed or removed pursuant to the permit. It shall be a misdemeanor for a permittee to fail, refuse to comply with, or to willfully violate any condition or requirement imposed in such a permit. (Added by Ord. No. 153,500, Eff. 4/18/80.) SEC PERMIT FEES FOR TREE REMOVAL. (Amended by Ord. No. 166,973, Eff. 7/1/91.)

64 A fee shall be charged for each permit issued by the Board for the removal or cutting down of any tree in or upon any street or parkway in the City. Such permit fee shall provide for the removal or cutting down of ten (10) or less trees. Any permit for removal or cutting down of more than ten (10) trees shall require an additional fee for each additional unit of ten (10) trees, or any fraction thereof. Such permit shall specifically describe the work to be done, and shall be void thirty (30) days from the date of issuance. No fee shall be charged for any permit to plant any tree, shrub or plant. The Board shall waive any permit fee required by this section for the removal of a live parkway tree if it determines that the root system of the tree is a primary cause of any sidewalk, curb, driveway, sewer or structure repair required. The fees herein shall be determined and adopted in the same manner as provided in Section 12.37I1 of the Los Angeles Municipal Code for establishing fees. SEC HOUSE MOVING PERMIT. No person shall move any building or other object along any street in such manner as to injure any tree or shrub in such street without first having obtained a permit therefor from the Board, and said Board may, if deemed advisable, require any person moving a building or any other object along a street in said City to furnish a bond in an amount sufficient to cover the damage or destruction of trees or shrubs on any street. (Added by Ord. No. 153,500, Eff. 4/18/80.) SEC TREE STAKES OR GUARDS. Tree stakes or guards may be placed around trees, shrubs or plants by the Board, by its authorized officers or employee, or by property owners, provided the same are merely placed near a tree, shrub or plant, for the purpose of protecting or training such trees, shrubs or plants. (Added by Ord. No. 153,500, Eff. 4/18/80.) SEC INJURY TO TREES. No person shall pile building material, or other material, about any tree, plant or shrub in any street in any manner that will in any way injure such tree, plant or shrub. (Added by Ord. No. 153,500, Eff. 4/18/80.) SEC TREE MAINTENANCE. Whenever any trees are planted within the public streets as a condition precedent to the recording of a subdivision, as provided for in Ordinance No. 79,310, the Board, for a continuous period of five years after the recording of said subdivision, shall have charge, superintendence and control of the maintenance of said trees in a manner to insure proper growth in accordance with the originally approved planting scheme. Such maintenance may include but shall not be restricted to watering, pruning, replacing and general care of said tree. (Added by Ord. No. 153,500, Eff. 4/18/80.) SEC STREET MAINTENANCE FEE. (Amended by Ord. No. 166,973, Eff. 7/1/91.) Whenever any street tree or street trees are required in connection with a subdivision, parcel map, zone change, conditional use or Class A or Class B permit as referred to in Section of this Code, or whenever any street tree or street trees are provided pursuant to Section 12.21A6 of this Code, and maintained by the Department of Public Works, a fee shall be paid to the Department of Public Works to cover the expense of maintaining such trees for a period of five (5) years after planting. This fee shall be paid at the same time and in the same manner as any fees for planting such trees are paid. The fee herein shall be determined and adopted in the same manner as provided in Section 12.37I1 of the Los Angeles Municipal Code for establishing fees. SEC STREET INTERSECTIONS OBSTRUCTIONS TO VISIBILITY. (a) Obstructions Prohibited. (Amended by Ord. No. 163,509, Eff. 5/23/88.) On property at any corner of any intersection not controlled by official traffic control signals or by stop signs at or near the entrances to one or more intersecting streets it shall be unlawful to install, set out or maintain, or to allow the installation, setting out or maintenance of any sign, hedge, shrubbery, natural growth or other obstruction to the view necessary for the safe operation of motor vehicles at such intersections, higher than three feet above the level of the center of the adjacent intersection within any visibility triangle. The terms visibility triangle, as illustrated in Figure A, shall be deemed to be that portion of both public and private property located at any corner and bounded by the curb line or edge of roadway of the intersecting streets and a line joining points on the curb or edge of roadway 45 feet from the point of intersection of the extended curb lines or edges of roadway. The term intersection as used in this section is defined in Section 365 of the Vehicle Code of the State of California. (b) Exceptions: (Amended by Ord. No. 127,787, Eff. 8/1/64.) The foregoing provision shall not apply to permanent buildings; public utility poles; trees

65 trimmed (to the trunk) to a line at least eight feet above the level of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave at all seasons a clear and unobstructed cross-view; supporting members of appurtenances to permanent buildings existing on the date this ordinance becomes effective; official warning signs or signals; post signs as defined in Article 7, Chapter 6 of this Code; or to places where the contour of the ground is such that there can be no cross-visibility at the intersection. FIGURE A* VISIBILITY TRIANGLE * NOTE: The hatched areas in this figure illustrate the visibility triangle areas at typical intersections. The Board may grant further exceptions where it finds that the encroachment is not an obstruction to visibility and where such encroachment is not in conflict with the zoning or building line regulations of Articles 2 and 4 of Chapter I of the Los Angeles Municipal Code. Applications for exception shall be in writing and shall be filed with the Board in the manner it prescribes. (c) Enforcement. The enforcement of this ordinance shall be under the direction of the Board of Public Works. The Board shall designate representatives of the Department of Public Works who may, on behalf of the Board, investigate violations of this section, give such notices as may be required to carry out this section, and to perform such other duties in connection with the enforcement of this section as may be imposed upon them by the Board. (d) Remedies. (Amended by Ord. No. 175,596, Eff. 12/7/03.) In addition to the remedies proved in Section of this Code, or by State law, any obstruction maintained in violation of this section may be deemed a nuisance, and upon failure to abate the nuisance within 20 days after the posting upon the premises of notice to abate the nuisance signed by an authorized representative of the Board, an authorized representative of the Board may enter upon the premises and remove or eliminate the obstruction. All costs incurred pursuant to this section shall be a personal obligation against the owner of the property, recoverable by the City in an action before any court of competent jurisdiction. These costs shall include an amount equal to 40 percent of the cost to perform the actual work, but not less than the sum of $100.00, to cover the City s costs for administering any contract and supervising the work required. In addition to this personal obligation and all other remedies provided by law, the City may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections through (e) Scope. No obstruction to cross-visibility shall be deemed to be excepted from the application of this section because of its being in existence at the time of the adoption hereof, unless expressly exempted by the terms of this section. (f) Additional Requirements Contained in Chapter I, Article 2. In addition to the requirements of this section, all corner lots in the C or M Zones shall be developed in accordance with the provisions of Section C.7. of this Code. (Added by Ord. No. 143,825, Eff. 10/19/72.) (g) Neither the enactment of this section nor the enforcement of or failure to enforce any provision herein is intended to or shall impose a liability upon the City not otherwise imposed by law. (Added by Ord. No. 163,509, Eff. 5/23/88.) SEC IMPORT AND EXPORT OF EARTH MATERIALS FEES REQUIRED. (Amended by Ord. No. 154,185, Eff. 8/25/80.) (a) The Department of Public Works shall require a fee as a condition of a grading permit involving the import or export of more than one thousand cubic yards of earth materials to or from a site in the hillside area. The fee shall be based upon the total number of cubic yards of earth materials to be imported and the miles of public streets to be traversed within the hillside area, excepting freeways, by a haul vehicle on one trip in one direction. To such factors a charge determined by the Board for transportation of one cubic yard per mile shall be applied, with the minimum and maximum fee to be established by the Board. The fees and charges herein shall be adopted in the same manner as provided in Section I.1. of the Los Angeles Municipal Code for establishing fees. (Amended by Ord. No. 165,675, Eff. 5/11/90.) (b) The Department of Public Works may also require, as a further condition of a grading permit, that the applicant pay a fee of $500 for the preparation of a noise and vibration study in the event such study is needed to determine whether the applicant s activity in transporting earth materials in the manner proposed will endanger the public health, safety or welfare. Upon payment of said fee and upon request therefor by the Department, the General Services Department shall prepare such report. SEC IMPORT AND EXPORT OF EARTH MATERIALS BONDED REQUIREMENT. (Added by Ord. No. 148,167, Eff. 5/3/76.) The Department of Public Works may require a bond as a condition of a grading permit involving the import or export of more than 100 cubic yards of earth materials within a hillside area. Any such bond shall be in a form approved by the City Attorney, executed by the permittee and a corporate surety authorized to do business in this state in an amount sufficient to cover the cost of repair of any damage to the public streets and any public facilities therein and the cost of removal of any earth materials or other debris deposited therein, reasonably expected to result from the permittee s operations. The conditions of the bond shall guarantee

66 payment to the City for all costs and expense in repairing the damaged streets or other public facilities and the removal of any deposits of earth materials or other debris resulting from the permitted operations. In lieu of a surety bond, the permittee may file a cash bond with the Department upon the same terms and conditions and in an amount equal to that which would be required in the surety bond. The deposit submitted may be in the form of cash or negotiable United States securities. The term of such bond shall begin on the date of filing and shall remain in effect until the completion of the hauling operations and subsequent inspection of the affected public streets by the Department of Public Works. SEC SPECIAL EVENT PERMIT PROCEDURE FOR WESTWOOD VILLAGE. (Repealed by Ord. No. 180,881, Eff. 10/26/09.) ARTICLE 2.1 RAIL TRANSIT CONSTRUCTION IMPACT AREA TRAFFIC MANAGEMENT (Article Enacted and Amended by Ord. No. 170,607, Eff. 7/17/95.) Section Major Transit and Transportation Construction Impact Area Traffic Management Coordination of Activities Within the Public Way - Public Way Reservation System (PWRS). SEC MAJOR TRANSIT AND TRANSPORTATION CONSTRUCTION IMPACT AREA TRAFFIC MANAGEMENT. (Amended by Ord. No. 175,630, Eff. 12/28/03.) A. General Provisions. 1. Purpose. The purpose of this article is to minimize the loss of traffic capacity within various Major Transit and Transportation Construction Impact Areas resulting from construction activity, including Metro Rail, Light Rail, busway, utility, private development, street improvement, street maintenance, and major public works projects. 2. Scope. This article shall apply to any activity or work within any public street or alley within a defined Major Transit and Transportation Construction Impact Area commencing with the effective date of this ordinance and extending until the completion of all major transit and transportation construction within the City of Los Angeles. B. Definitions. For the purposes of this article, the following definitions apply: 1. Appeals Committee. The General Manager of the Department of Transportation, the City Engineer, the Director of the Bureau of Street Services, and the Director of the Bureau of Contract Administration, or their designees. The City Engineer shall be the Chairperson of the Appeals Committee. The Appeals Committee considers appeals regarding Worksite Traffic Control Conditions and night work. The President of the Board of Public Works decides those appeals heard by the Appeals Committee that end in a tie vote. 2. Code. Los Angeles Municipal Code. 3. Emergency Work. Immediate action that must be taken to alleviate a hazardous condition, which represents an immediate threat to life, health, safety, or property. This includes continuous effort to effect the restoration of interrupted utility services (electrical, water, gas and telecommunications). 4. Effective Period. Commencing with the effective date of this ordinance and extending until the completion of all major transit and transportation construction within the City of Los Angeles and the adoption by the Board of Public Works of a report from the Review Committee that its function as defined by this ordinance is no longer necessary. 5. Activity or Work Within Public Street or Alley. (a) Activity. Any activity within the public street (from property line to property line) or alley, which requires the closure of sidewalk(s), curb lane(s) and/or traffic lane(s), the closure of street(s) or alley(s) for other than performing work in the street as defined below. Activity in the street may include but is not limited to opening of utility maintenance access holes; block parties; picture, television movie, or commercial filming; storage of material or equipment; placement of trash bin(s); pedestrian canopy(ies) in the street or sidewalk or any activity, performed under City issued permit, that prevents the public from access to or the use of a sidewalk, street or alley or any portion of a sidewalk, street or alley. For exemptions to the picture, television and film or video commercial industry from the requirements of this section, see Subsection H. For Film Video Permit application by telephone or facsimiles and the Review Committee response within one-working day, see Subsection I.

67 (b) Work. Work within the public street (from property line to property line) or alley is any construction work performed under permit or by City crews/contractors that requires the physical access to and closure of the existing sidewalk, street or alley. Street work may include but is not limited to cutting, boring, excavating, installation of instrumentation, installation of conduit and/or cable, pot-holing, removals, fills, street resurfacing (including slurrying), street construction or any work in the street or alley, performed under City issued permit, that prevents the public from access or use of a sidewalk, street or alley or any portion of a sidewalk, street or alley. 6. Major Transit and Transportation Construction Impact Area. The specified Major Transit and Transportation Construction Impact Areas are defined as follows: (a) (b) (c) (d) Area A. (Relinquished) Area B. (Relinquished) Area C. (Relinquished) Area D. (Relinquished) (e) Area E. (As of July 11, 1995) The area bounded clockwise by North Hill Street, Bernard Street, North Broadway, North Spring Street, Los Angeles River (west bank) and the 101 Freeway. A map of Area E is attached as Appendix E. (f) Area F. (As of July 11, 1995) The area bounded clockwise by North Figueroa Street, Marmion Way, Monte Vista Street, Avenue 61, Piedmont Avenue, Figueroa Street, Pasadena Avenue, North San Fernando Road, and the following street segments: Avenue 50 from Malta Street to Monte Vista Street, Avenue 52 from Figueroa Street to Echo Street, Avenue 54 from Ash Street to Monte Vista Street, Avenue 54 from Figueroa Street to Longfellow Street, Avenue 57 from Figueroa Street to Media Drive, Avenue 60 from Figueroa Street to Echo Street and Avenue 61 from Terrace Drive to Monte Vista Street. A map of Area F is attached as Appendix F. (g) Area G. (Revised on August 1, 2003) The area bounded clockwise by Cesar E. Chavez Avenue, North Indiana Street, East 3rd Place, East 4th Street, Alameda Street, East 1st Street, North Hope Street, and North Grand Avenue. A map of Area G is attached as Appendix G. (h) Area H. (Revised on August 1, 2003) The area bounded clockwise by Victory Boulevard, De Soto Avenue, Vanowen Street, Corbin Avenue, Victory Boulevard, Fulton Avenue, Oxnard Street, Coldwater Canyon Avenue, Burbank Boulevard, Vineland Avenue, Magnolia Boulevard, Woodman Avenue, Burbank Boulevard, Balboa Boulevard, Oxnard Street, Topham Street, Victory Boulevard, De Soto Avenue, Oxnard Street, and Variel Avenue. A map of Area H is attached as Appendix H. (i) Area I. The area bounded clockwise by Wilshire Boulevard, Bundy Drive, San Vicente Boulevard, Federal Avenue, Ohio Avenue, Veteran Avenue, Wilshire Boulevard to City Limit, Santa Monica Boulevard, Century Park East, West Pico Boulevard, Centinela Avenue, West Olympic Boulevard, and Centinela Avenue. A map of Area I is attached as Appendix I. 7. Street of Significance. A major or secondary highway or a selected local or collector street that is determined from time to time to be necessary for the safe and efficient movement of traffic within, across, or through a Major Transit and Transportation Construction Area. Streets determined to be of significance at the adoption of this Section are indicated as Streets of Significance on the maps of the designated Major Transit and Transportation Construction Impact Areas attached to this Ordinance as Appendices E through I. Areas A through D have been relinquished. 8. Review Committee. Designated staff members from the Department of Transportation, the Bureau of Engineering, the Bureau of Street Services, and the Bureau of Contract Administration shall review applications for permits to allow activity or work within streets and shall determine the Worksite Traffic Control Conditions. 9. Temporary Street Closure. The prohibition of the use of a street by the general public for a finite period, as approved by the Board of Public Works. 10. Traffic Management Fee. A fee to be collected by the Department of Public Works from permittees who desire to perform street work or activity, for the purpose of recovering City administrative costs required to enforce this article. 11. Worksite Traffic Control Conditions. Traffic management measures required of the applicant for a permit for street activity or work, which

68 are determined by the Review Committee and are issued by the Department of Public Works as part of the permit. 12. Worksite Traffic Control Plan. A Worksite Traffic Control Plan, which may be required by the Review Committee, includes a drafted, 1" = 40' scale plan delineating base conditions, construction impact areas, site-specific detour operations, such as traffic striping, pavement and curb markings, traffic control signs, signals, delineators, barricades, and traffic management requirements, at a precise level of detail. C. Traffic Management. Contractors, utility companies, and others who intend to obtain a permit to perform activity or work in the streets (sidewalks and roadways) with the Major Transit and Transportation Construction Impact Area shall submit with the permit application a dimensioned work plan (drawn to scale) including the street (roadway, sidewalk, and property line), existing traffic controls, traffic striping and pavement markings, and proposed work area to the Major Transit and Transportation Construction Traffic Management Committee (TCTMC or Review Committee). The Review Committee shall review the applicant s work plan and develop the worksite traffic control requirements, which may include the following: daytime work and/or nighttime work with Police Commission approval, work hours, day(s) of the week, traffic lane requirements, restriping and/or installation of pavement markings, posting of parking restrictions or prohibitions, installation of construction signs, coordination and notification of other agencies or the public as required, use of a pre-approved Worksite Traffic Control Plan or preparation of a Worksite Traffic Control Plan and/or Traffic Circulation Plan for approval by the Department of Transportation, and any other conditions as may be deemed appropriate by the Review Committee. Notwithstanding any provision of the Code to the contrary, commencing with the effective date of this ordinance and extending until the completion of Major Transit and Transportation construction within the City of Los Angeles, on all streets and alleys designated as Streets of Significance within the Major Transit and Transportation Construction Impact Areas: 1. Applicants for activity or work within the roadway, including the staging or parking of construction related vehicles, which requires certain permits to be identified mutually by the Review Committee, except as otherwise provided in this section, shall be subject to certain traffic control requirements and Traffic Management Fees. Permit forms shall be modified, if required, to indicate which fees and requirements apply (which may include, but are not limited to construction related vehicle staging, approved night work with Police Commission approval, Worksite Traffic Control Conditions, and/or Worksite Traffic Control Plan requirements), and if so, that the imposed requirements are part of and attached to the permit. The applicant shall retain a photocopy of the permit with attachments at the worksite. (a) For work within the roadway, which is proposed to be conducted at night between 7:00 PM and 5:30 AM Monday through Saturday, the applicant shall normally be required to maintain at least two lanes of traffic on a one-way street and one lane of traffic in each direction on a twoway street during those night hours with all lanes open to traffic at all other times, unless a Temporary Street Closure is approved. Also, the applicant shall maintain those traffic control devices and flashing arrow signs, shown and discussed in the latest editions of the Work Area Traffic Control Handbook (WATCH manual), the Federal Highway Administration s Manual on Uniform Traffic Control Devices, and the State of California Traffic Manual. In addition, the applicant shall obtain Police Commission approval to work at night. No Traffic Management Fee will be assessed for night work. A Worksite Traffic Control Plan may be required for work at night as determined by the Review Committee. (b) For work within the roadway, which is proposed to be conducted during any other time period, or with fewer proposed open lanes of traffic, or work within an intersection or for temporary street closure, the applicant shall submit to the Review Committee work schedules, staging plans, and dimensioned scaled drawings showing the proposed work areas, official street centerlines, curb lines, adjacent intersections, existing striping, existing parking controls, existing driveways, and proposed detour traffic controls for each stage of work. If approval for work within the proposed day-time period or with only one lane of traffic is denied by the Review Committee then the applicant shall seek approval to work at night, as discussed above, or may appeal the requirement for night work to the Appeals Committee. If the Review Committee grants approval for work within the proposed day-time period, then it shall subject the applicants to a Traffic Management Fee and assign Worksite Traffic Control Conditions to be incorporated in the appropriate permit issued by the Department of Public Works. These conditions shall include traffic management strategies within the public right-of-way such as: general traffic control requirements; traffic control devices required to be used; traffic lane requirements and lane closures; hours approved for construction; detours, which shall be implemented by the applicant; and, if determined to be necessary by the Review Committee, an approved Worksite Traffic Control Plan submitted by the applicant to the Department of Transportation for approval. (c) A Worksite Traffic Control Plan may be required where street work necessitates that motorists travel in paths for several days that conflict with permanent striping. The Worksite Traffic Control Plan and Traffic Circulation Plan, if required, shall be prepared under the direction of a Traffic Engineer or a Civil Engineer experienced in the preparation of Traffic Control Plans and registered in the State of California, and shall have the signed approval of the Division Engineer in Charge of the Design Division, Department of Transportation, prior to the issuance by the Department of Public Works of the appropriate permit. Each copy, including the permittee required copies, shall be signed and stamped by the registered engineer. Two copies shall be retained by the Department of Transportation and three copies by the Bureau of Engineering. An Approved Worksite Traffic Control Plan and/or Traffic Circulation Plan may be required when the activity or work in the street necessitate that: (Amended by Ord. No. 182,237, Eff. 9/28/12.) (i) (ii) required; or two or more traffic lanes be closed for more than 48 hours; or motorists are diverted to the left of an existing double-yellow centerline for two or more consecutive nights and restriping is (iii) the work is in or adjacent to a major and/or secondary highway intersection and results in a transition within the intersection, except when accessing a maintenance hole when allowed under the provisions of a Utility Maintenance Access Hole Permit; or

69 (iv) traffic will be diverted for an extended period of time for a major construction project; or (v) (vi) (vii) (viii) (ix) a temporary street closure is approved by the Board of Public Works; or a construction fence, canopy, scaffolding or similar structure is installed in a traffic lane within the roadway; or a sidewalk is to be closed and pedestrians are required to walk in a traffic lane normally utilized by vehicular traffic; or temporary restriping is required; or a plan is necessary due to unusual roadway or traffic conditions. 2. Persons or enterprises intending to import or export in excess of 1,000 cubic yards of earth shall be subject to approval of truck haul routes and truck staging areas by the Review Committee. The Traffic Management Fee shall not apply to truck haul routing. 3. Requests for Temporary Street Closures, pursuant to Sections and 42.00(j) of the Code, shall be filed with the Board of Public Works pursuant to the requirements of those sections. However, the Board of Public Works shall not, in any case, act on any application for a Temporary Street Closure before receiving from the Review Committee a recommendation with an attached, approved Worksite Traffic Control Plan and Traffic Circulation Plan or a statement that these plans are not required. 4. Streets of significance may be added or removed within a Major Transit and Transportation Construction Area as determined to be necessary for the safe and efficient movement of traffic. These changes shall become effective 30 days after the adoption by the Board of Public Works of a report from the Chair of the Review Committee setting forth the need for the change and containing a map clearly delineating the portion of the street to be added or deleted from the designation. A copy of the report and map shall be forwarded to the City Council for its information. D. Appeals. Requests to appeal the requirement for night work, to modify the Worksite Traffic Control Conditions, or to modify the Worksite Traffic Control Plan and Traffic Circulation Plan shall be made in writing to the Chairperson of the Appeals Committee, which shall act on each appeal at the earliest practicable time. E. Enforcement. 1. It shall be unlawful for any person(s), firm or corporation(s) to perform any activity or work within the Major Transit and Transportation Construction Impact Area without first complying with Subsection C. of this section and obtaining approval and a permit, excepting only emergency work as defined in this section. 2. Failure to perform all of the requirements listed, shown, and/or referred to in the Worksite Traffic Control Conditions and Worksite Traffic Control Plan shall constitute non-compliance and shall be a violation of this section. 3. Enforcement of compliance with the Worksite Traffic Control Conditions, Worksite Traffic Control Plan, and truck haul routing involving the import or export in excess of 1,000 cubic yards of earth shall be conducted by the Bureau of Contract Administration Inspectors or Bureau of Street Services Street Use Inspectors, as appropriate, with the assistance of designated Department of Transportation personnel. 4. Compliance shall be enforced by verbal requests, written warnings, citations, notices to appear for violations observed, by administrative action pursuant to due process provisions, or permit revocation, as appropriate for the situation. In order to be considered in compliance after the enforcement action is taken, the permittee shall either correct all violations, or reopen for public use the entire street and/or sidewalk immediately. If the permittee does not accomplish these actions, then the City shall cause the corrective work only to be done by City forces at the permittee s expense when necessary to remedy a potentially hazardous condition. 5. Within five days after a permit revocation has been issued, the permittee may appeal the revocation to the Board of Public Works, which shall make the final decision relative to the appeal at the earliest legally possible scheduled meeting. 6. Any person who violates or causes or permits another person to violate any provision or requirement of this section is guilty of a misdemeanor. F. Traffic Management Fee. The Traffic Management Fee shall be based on the reduction in delineated traffic lanes, the number of daylight weekdays when the reduction occurs, the number of City blocks impacted by lane reductions, and a unit fee to be applied to these factors. Daylight weekdays are work on Monday through Friday excluding holidays, between the hours of 5:30 AM and 7:00 PM inclusive. The unit fee shall be established at $275 per lane reduction per daylight weekday per City block impacted. The fees collected shall be kept in a separate account and shall be used to defray the costs of the various departments and bureaus involved in administering the provisions of this Ordinance. The fee structure shall be subject to annual review and revision. (Amended by Ord. No. 182,237, Eff. 9/28/12.) The Traffic Management Fee of $275 per impacted City Block shall be charged to permittees who perform work within the roadway. The number of involved lanes, days, and City blocks shall be determined by the Review Committee and certified at the conclusion of the roadway work, if needed, by the Bureau by Contract Administration or the Bureau of Street Services. (Amended by Ord. No. 182,237, Eff. 9/28/12.)

70 G. Emergency Work. The provisions of this section shall not be applicable to Emergency Work as defined in this section. However, the designated unit of the Department of Transportation shall be notified by the agency conducting the emergency work as soon as practicable. An applicable Traffic Management Fee may apply. H. The picture, television and film or video commercial industry is exempt from requirements in those portions of the Major Transit and Transportation Construction Impact Area where Major Transit and Transportation construction has been completed as determined by the Review Committee. I. Picture, television and film or video commercial companies may submit permit applications by telephone or by facsimile transmission to the appropriate Film and Video Permit Office. These applications will be processed by the Review Committee members within one working day for those portions of the Major Transit and Transportation Construction Impact Area where Major Transit and Transportation construction is continuing. J. Relinquishment Of Major Transit and Transportation Construction Impact Area. The deletion of a specific area from the Major Transit and Transportation Construction Impact Area shall be accomplished when the following occurs: 1. The Los Angeles County Metropolitan Transportation Authority (MTA) has issued to the City a Certificate of Completion of Work for a specified station(s) or rail segment located within a specific Major Transit and Transportation Construction Project Impact Area, or 2. The acceptance of work completed for station(s) or rail segment(s) or other transportation projects by all City Agencies involved; and 3. The Chairman of the Review Committee has submitted a report for approval to the Board of Public Works, no later than 30 days prior to the date of relinquishment of control of the specified Major Transit and Transportation Construction Project Impact Area, and the relinquishment has been approved by the Board of Public Works. K. Termination of Review Committee Activities. Any report requesting termination of the Committee s existence shall be prepared using the criteria and procedures set forth in paragraphs 1., 2., and 3. of Section J., and shall contain the statement that it is submitted for the purpose of terminating the Committee s existence and shall include as a transmittal a draft of an ordinance to formally terminate the Committee s functions. The report shall, upon adoption, be forwarded to the City Council for its action. Upon adoption of the ordinance by the City Council, the Committee shall immediately cease to function and the authority to determine conditions attached to permit issuance shall return to the individual Bureaus of the Department of Public Works. L. Major Transit and Transportation Construction Impact Area Implementation. Areas E, F, G, H, and I shall become effective immediately upon the publication of this ordinance. Future additions to the Major Transit and Transportation Construction Impact Area shall be accomplished by the Chairman of the Review Committee submitting a report for approval to the Board of Public Works no later than 60 days following notification by the Los Angeles County Metropolitan Transportation Authority (MTA) or other major construction project development of opening of the Contract Bid Process for the respective contract and the subsequent approval of the report by the Board of Public Works. The future area shall become effective 30 days after the adoption by the Board of Public Works of a report from the Chair of the Review Committee. APPENDIX E MAJOR TRANSIT AND TRANSPORTATION CONSTRUCTION IMPACT AREA APPENDIX F MAJOR TRANSIT AND TRANSPORTATION CONSTRUCTION IMPACT AREA APPENDIX G MAJOR TRANSIT AND TRANSPORTATION CONSTRUCTION IMPACT AREA APPENDIX H MAJOR TRANSIT AND TRANSPORTATION CONSTRUCTION IMPACT AREA APPENDIX I MAJOR TRANSIT AND TRANSPORTATION CONSTRUCTION IMPACT AREA [Editor's Note: Maps associated with these appendices are on file in the official City documents located in the Office of the City Clerk in Council File No. CF ] SEC COORDINATION OF ACTIVITIES WITHIN THE PUBLIC WAY - PUBLIC WAY RESERVATION SYSTEM (PWRS). (Added by Ord. No. 177,902, Eff. 10/29/06.) A. General Provisions. 1. Purpose. The purpose of this section is to improve coordination of construction activities and other encroachments, reduce related effects on businesses and residents and minimize the loss of traffic capacity resulting from construction or maintenance (including rail, utility, private development,

71 street improvement, street maintenance, location filming and still photo shoots), or any other activity within the Street. 2. Scope. This section shall apply to all permits issued by the City that will allow encroachment on any Street within a defined Impact Area commencing with the effective date of this ordinance. This section shall also apply to any activity not requiring a permit by any City agency or other entity that will encroach on any Street. Twelve months after the effective date of this ordinance, the Public Way Reservation System Management Committee shall evaluate the effectiveness of this ordinance and transmit a report with recommendations to the Board of Public Works and City Council. B. Definitions. For the purposes of this article, the following definitions apply: 1. Activity or Work Within the Street. Activity or Work is any occupation of the Street that requires the closure, restricts the full or partial use of any sidewalk(s), curb lane(s) and traffic lane(s) or the closure of Street(s) for any purpose and having a duration greater than four hours. Activity includes, but is not limited to, Street and sidewalk maintenance, opening of utility maintenance access holes; block parties and other special events; location filming and still photo shoots; storage of material or equipment; placement of trash bin(s); pedestrian canopy(s) in the Street or sidewalk; or any activity performed with or without City issued permits that restricts public access to, or use of the Street. Work is any construction or maintenance performed under permit or by City crews or contractors that require obstruction or partial closure of the Street. Work may include, but is not limited to, cutting, boring, excavating, installation of equipment, installation of utilities, installation of traffic signals or signs, pot-holing, resurfacing (including slurry sealing), street construction, street lighting, tree trimming, or any project in the Street that restricts the public access or use of the Street. 2. Central District Impact Area. The Impact Area is the Bureau of Engineering Central District for the duration of the one-year pilot study. The Bureau of Engineering Central District is generally bounded by 120th Street to the south, the City boundary to the east, Mulholland Drive and Barham Boulevard to the north and Wonderland Avenue and Robertson Boulevard to the west. 3. Effective Period. The Effective Period is a time period that commences 30 days after the publication of this ordinance and extends for a period of 12 months, or until the adoption by the Board of Public Works with recommendations from the Public Way Reservation System Management Committee evaluating the effectiveness of this ordinance. 4. Emergency Work. Emergency Work is immediate action that must be taken to alleviate a hazardous condition that represents an immediate threat to life, health, safety, or property. This includes the restoration and repair of facilities damaged by accident, natural disaster or other emergency. 5. Encroachment. Encroachment is any use, occupation or activity, which requires the closure of any portion of the Street. 6. Public Way Reservation System (PWRS). The PWRS is an internet based geographic information system, which displays (geo-codes) proposed work or activity within an arterial street or highway and identifies the entity performing or permitting the work along with the scope and scheduled time. 7. Public Way Reservation System Applicant (PWRS Applicant). PWRS Applicant(s) is any agency, entity or permit applicant which is attempting to reserve space for their proposed construction. 8. Street(s). Street(s) is any arterial street classified as any Major Highway, Secondary Highway or Collector Street, as identified by the Master Plan, which includes any portion of the street, sidewalk or parkway. 9. Public Way Reservation System Management Committee (PWRSMC). The PWRSMC is a group or committee that may be formed and that has a chairperson. The City Engineer or his representative shall be the chairperson of the Committee. C. Public Way Reservation. All entities that intend to encroach are required to reserve space within the Street and coordinate that activity or work, using the PWRS. Coordination shall include joint discussion with other PWRS Applicants as required to mitigate and minimize traffic interference. All reservations shall require a contact name and telephone number that other PWRS Applicants can call to resolve conflicts in scheduling reservations. This contact person shall have the knowledge and authority to resolve the conflict on the PWRS Applicant's behalf. 1. City Agencies Performing Work Within the Street. All City agencies that perform work within the Street are required to reserve space and coordinate their work through the PWRS. Before entering the Street, each agency shall update its reservation with any changes in scope, location or schedule. Each City department or agency performing work or activities within the Street, which work does not require a permit from the Department of Public Works, shall designate a PWRS Coordinator for authorizing that Department's reservations. All reservations shall be reviewed and authorized by the Department's PWRS Officer or designated representative in advance of performing the work. The authorization shall certify that the work has been coordinated with all other reservations in the vicinity and that traffic interference has been minimized. 2. City Agencies Issuing Permits Within the Street. All City Agencies that process permits for work or activities within the Street shall verify that each permit applicant has reserved the appropriate location using the PWRS, and has coordinated the work with all other activities in the vicinity. If the applicant has a reservation, and all other permit requirements are complied with, the City agency shall process the permit. If the applicant has no PWRS

72 reservation, the permit shall be denied. Issuance of a permit shall constitute verification of the reservation by the issuing agency. 3. Requirements for Non-City Agencies Performing Work Within the Street Requiring a Permit from the Board of Public Works. An applicant for a permit to perform work within the Street shall first verify with PWRS that no conflicts exist for the location and time of their activity. If no scheduling conflict exists, the permit applicant may continue with the permit issuance procedure. The appropriate City agency shall submit the reservation in PWRS. If a conflict exists, the permit applicant must coordinate the work activities prior to permit issuance. In certain cases, the non-city agency may be granted authorization to enter reservations in PWRS. These agencies will be determined by the PWRSMC. 4. Requirements for Non-City Agencies Performing Work Within the Street Not Requiring a Permit from the Board of Public Works. All non-city agencies that perform work within the Street shall use the PWRS as a tool to coordinate the request for work prior to obtaining required approvals through the appropriate City agency. If no conflict exists, the non-city agency shall relate this information to the appropriate City agency prior to receiving approvals. If a conflict exists, the non-city agency must coordinate the work activities prior to receiving approvals for work. In certain cases, non-city agencies may be granted authorization to enter reservations in PWRS. In this case, the reservation must be submitted prior to receiving approvals from the appropriate City agency. D. Dispute Resolution. If a dispute arises amongst PWRS Applicants when coordinating conflicts, the Bureau of Engineering Central District Engineer may be requested to mediate the dispute. Decisions made by the District Engineer may be appealed to the PWRSMC. The committee will then make a determination on which activity or work will take precedence. The PWRSMC shall establish rules, guidelines and procedures for the use of PWRS and the appeal process. E. Exemptions. The following work or activity shall be exempt from the reservation requirements of this article: 1. Emergency Work as defined in Subsection B. of this section. For Emergency Work requiring a permit, a permit must be obtained within one business day of the commencement of the Work. 2. Maintenance Work or Activity that will take no more than four hours. 3. Any Work or Activity within a Street classified as a Local Street. 4. Transportation related activities currently regulated by LAPD and LADOT such as delivery of freight. F. Fees. PWRS reservations will not require additional fees. Permit fees shall remain the same as currently authorized by the City Council. The PWRSMC shall evaluate the need for additional fees at the end of the 12-month period and present its findings to the Board of Public Works and the City Council. ARTICLE 3 PUBLIC PARKS, PLAYGROUNDS, BEACHES AND OTHER PROPERTY Section Definitions Board of Recreation and Park Commissioners and Department of Recreation and Parks Defined Playground and Recreation Department Jurisdiction Beach Lands Jurisdiction and Authority Playground and Recreation Department Power to Issue Permits Jurisdiction over Groins, Etc Power to Renew Grants Rules Governing Exhibitions Forfeiture of Grants Grant Required for Structures Public Sewers and Storm Drains Exempt Application for Grants, Contents Repairs Not to Affect Current or Drift Filing Fee Board to Investigate Board Power to Grant Permit Revocation of Grants Grants May Impose Conditions Board May Deny Grants Renewal of Grants Existing Structures Grants What to Prescribe.

73 63.20 Waiver Required Board to Determine If Repair Will Alter the Current Natural Accretions Council to Approve Certain Grants Harbor Department Jurisdiction Building Permits Required Park Rangers: Authorization to Arrest Regulations Affecting Park and Recreation Areas Emergency Park Closure Designation of Drug-free Zones Power Boat Prohibition on the Venice Canals Charges for Handling Aviation Engine Fuels, Lubricants and Solvents at Los Angeles International Airport Library Regulations School Grounds Trespass on City Records Removal of City Records Safe Keeping Exemptions Vehicles Fire Signs on City Vehicles Use of Seal City Vehicles Director of the Office of Administrative and Research Services May Exempt Use of Seal City Trucks Use of Seal Exemptions MPH Speed Limit Bumper Stickers on City Vehicles Back to School Bumper Stickers on City Vehicles Bumper Stickers Smog Checks Department of Transportation Parking Management Program Vehicle Identifiers Bumper Stickers: Police Department Vehicles Drug Abuse Resistance Education Program Bumper Stickers: City Vehicles Drug Abuse Resistance Education Program City Vehicles Report to Be Made to Council Registration Plates Assignment of Change of Ownership Removal of Plates Transfer of Registration Plates City Vehicles Private Use Prohibited Display of Official Seal City Seal - Imitating Employees Forbidden to Cash Checks, Etc Disobedience of Charter Subpoenas Election Supplies Return of Street Address Numbers Authority and Duty of City Engineer Street Address Numbers Responsibility Therefor, Designation, Location, Size, Maintenance, Change and Removal Base Lines Street Address Numbers Odd and Even Numbers Block Numbers and Spacing Communications Systems Possession of Keys For Communications System Obstruction Communications Systems Stringing Wires Near Communications Systems Automatic Calling Devices Communications Systems Tree Obstruction False Alarms Reward Hitching Animals to Signal Systems Excavation of Natural Deposits Permit Board to Adopt Rules for Excavating Sand, Etc Board to Issue Permits Depth of Excavations Excavations Tujunga Wash Trespassing Forbidden Upon Certain Public Plants, Yards, Etc Police Department Property Trespass on Fire Department Property Trespass on. SEC DEFINITIONS. For the purpose of this article the following words and phrases are defined, and shall be construed as hereinafter set out, unless it shall be apparent from the context that they have a different meaning.

74 Airport shall mean the Los Angeles Airport. Block shall be that portion of any street between two cross streets or between a cross street and an abutting street, or between two abutting streets. In cases of abutting streets the prolongation of the center line of the abutting street shall be the dividing line of the blocks, provided, however, that all blocks exceeding 1000 feet in length shall be considered as two blocks. Depth of the excavation shall mean the difference in elevation between the bottom of the excavation and the surface of the public or private property in question. Grant shall include permits, concessions, licenses and leases. Mean High Tide Line shall mean the intersection of the sloping plane of the beach, tideland or submerged land as said plane would exist under natural conditions, with the horizontal plane defined as a level plane at all elevation of 1.95 feet above the zero or datum plane. Public beach lands and beach properties shall not only include lands heretofore and hereafter owned or controlled by the City adjoining the waterfront of the Pacific Ocean, but also all tidelands and submerged lands, whether filled or unfilled within the aforesaid area. Public Library shall include any room, building or structure where books or works of literature or science are kept by the City for public use or inspection, together with the real property upon which said room, building or structure is located, together with such grounds surrounding the same which are maintained by the City and all monuments, statues, equipment, plant or vegetable life located on such grounds or in any such room, building or structure. Public Parks shall include all dedicated parks and all parkways and triangles, maintained by the Board of Park Commissioners. SEC BOARD OF RECREATION AND PARK COMMISSIONERS AND DEPARTMENT OF RECREATION AND PARKS DEFINED. (Added by Ord. No. 121,319, Eff. 4/7/62.) Whenever the terms Board of Park Commissioners, Board of Playground and Recreation Commissioners, Department of Parks, Playground and Recreation Department, Park Department or Recreation Department are used in this article, they shall be deemed to mean and refer to the Board of Recreation and Park Commissioners or the Department of Recreation and Parks, as the case may be. SEC PLAYGROUND AND RECREATION DEPARTMENT JURISDICTION. The Department of Playground and Recreation of the City shall have jurisdiction, possession and control of all tidelands and submerged lands, whether filled or unfilled, situated below the line of mean high tide within the limits of the City extending from the United States Government breakwater at San Pedro to the most northwesterly boundary of said City, and shall have sole and complete jurisdiction, control and possession of all public beach lands within the above mentioned confines except as otherwise in this article provided. All rights and duties of the City as a littoral, upland or riparian owner of the above described lands shall be exercised by the Department of Playground and Recreation. SEC BEACH LANDS JURISDICTION AND AUTHORITY. The Department of Playground and Recreation is authorized to construct, maintain and operate groins, jetties, breakwaters, seawalls, pipe lines, and other work or structures, for the purpose of protecting public beach properties in the City and for the purpose of creating additional beach areas, and is further authorized to construct, maintain and operate piers, wharves, bath houses, lifesaving stations and equipment or other structures for recreation purposes upon, along or out from any beach properties owned or controlled, now or hereafter, by the City, provided the same do not interfere with the use of the waters of the Pacific Ocean for the purpose of commerce, navigation and fishery. SEC PLAYGROUND AND RECREATION DEPARTMENT POWER TO ISSUE PERMITS. The Department of Playground and Recreation is hereby granted the sole jurisdiction to execute any and all permits, concessions, licenses and leases upon any tidelands, public beach lands and submerged lands, whether filled or unfilled, belonging to or controlled by the City in the area designated within the confines mentioned in Section 63.01; provided that any such permit, concession, license and lease is consistent with the trusts under which any of said lands are held by the City, and further provided that any such permit, concession, license or lease is consistent with the general laws of the State of California and the City Charter of the City. The aforesaid Department shall be entitled to all moneys or fees to be derived from said permits, concessions, licenses and leases heretofore or hereafter made upon any of said lands. SEC JURISDICTION OVER GROINS, ETC. The Department of Playground and Recreation shall have jurisdiction and control over the construction of any groin, jetty, breakwater, sea wall, pipe line, sewer, pier, wharf, building or other structure, except public sewers or storm drains, in, or out from any of the area over which the said Department has, or may

75 acquire, jurisdiction. SEC POWER TO RENEW GRANTS. The Department of Playground and Recreation shall have the right to renew any and all grants heretofore made on any of said public beach lands at the expiration of the term of any of the present grants involving said lands, provided the same is done in conformity with the trust under which any of said lands are held by the City, and, provided, further, that any such grant is made in conformity with the general laws of the State of California, the Charter of the City and the provisions of this article. SEC RULES GOVERNING EXHIBITIONS. The Board of Playground and Recreation Commissioners may make any rules and regulations governing the presentation of any spectacle, pageants or other exhibitions on any wharves, water or public lands within said areas described in Section when in the exercise of a reasonable discretion of said Board any such spectacle, pageant or exhibition causes crowds to be collected on any wharf, waters or public beach lands in a manner that might endanger the lives, persons or health of the public. The Board of Playground and Recreation Commissioners shall make any rules and regulations that it deems necessary governing the use of any public beach lands by the general public, bathers, exhibitors, vendors, advertisers, and handbill circulators, and it shall be the duty of the Department of Playground and Recreation to patrol said public beach lands with lifeguards. SEC FORFEITURE OF GRANTS. The Board of Playground and Recreation Commissioners shall have the power to declare a forfeiture of any grant made under this article, upon the neglect, failure or refusal by the grantee thereof to comply with any of the terms or conditions of the grant, and that upon such forfeiture, any and all buildings, structures and improvements of whatsoever character erected, installed or made under, through or because of, or pursuant to the terms of the grant, shall immediately, ipso facto become the property of the City, and every such grant shall so provide. SEC GRANT REQUIRED FOR STRUCTURES. No person shall construct, maintain, replace, repair or operate any groin, jetty, breakwater, sea wall, pipe line, storm drain, pier, wharf, building or other structure, in, on, or out from, any of the area, water or lands, over which the Department of Playground and Recreation has or many acquire jurisdiction, unless a grant for the construction, maintenance, repair, replacement or operation thereof, shall have been first duly issued by the Board of Playground and Recreation Commissioners, hereinafter provided in Section SEC PUBLIC SEWERS AND STORM DRAINS EXEMPT. The provisions for the grant mentioned in Section and the filing of the application therefor as provided in Section shall not apply to public sewers or storm drains. SEC APPLICATION FOR GRANTS, CONTENTS. All persons desiring a grant, permit or license from the Department of Playground and Recreation to construct, maintain, replace, repair or operate any groin, jetty, breakwater, sea wall, pipe line, sewer, pier, wharf, building or other structure, other than public sewers and public storm drains, in, on, or out from any of the area over which the Department has or may acquire jurisdiction shall file with the Department of Playground and Recreation a verified application in writing on blanks to be furnished by said Department, which in addition to such other information as may be required by the Department, shall contain the following: 1. The true name and correct residence address of the person making such application; and, if the applicant is a corporation, the application shall be signed by the president and secretary of the corporation and the corporate seal shall be attached thereto; 2. A statement showing whether a lease, concession, license or permit is desired by the applicant; 3. An express acknowledgment and stipulation that the granting of any application by the Department of Playground and Recreation shall not be construed as a recognition by or estoppel against the City that title to the said lands is in the applicant or the owner named in said application; and that said application shall only be considered as a matter of record for said Department of the matters contained therein; 4. An express acknowledgment and stipulation that neither the applicant nor the City shall be bound by or limited by virtue of the application from claiming more or less lands than the amount thereof claimed in the application by reason of natural accretions or natural changes or avulsions in the high tide lines, or by mistake. 5. Applicants must provide as a part of each application a map giving the legal description, by bearings and distances of the upland or riparian

76 property front which, or upon which, said structure is proposed to be constructed, maintained, repaired or operated. Said map and description shall show in relation to the property so described the location of the 1.95 contour Los Angeles City datum as found to exist at any certain time to be stated in the application, by a survey made within thirty days of said application. 6. Applicants must submit, as a part of each application, a plan of the proposed structure, giving the width, length, height and nature thereof, the manner of the proposed construction of the same showing the spacing between piers and piles and the size thereof, together with the materials to be used in constructing the same, and the location and direction of the center line thereof, by bearings and distances from the center line of some adjacent public street or highway; provided, that all of said structure must lie within the prolonged side lines of applicant s property. SEC REPAIRS NOT TO AFFECT CURRENT OR DRIFT. It shall not be necessary to obtain a permit to repair any structure mentioned in this article if such structure is now or may be hereafter maintained under a grant as provided in this article; provided, that the repair provided for in this section shall not affect or change the drift of sands, or alter the current of waters in a manner different from the effect such structure had on the current or drift of sands, or alter the current of the waters in a manner different from the effect such structure had on the current or drift prior to the arising of the condition necessitating such repair, and providing such repair shall only restore the structure to its original condition. SEC FILING FEE. All applicants for such permits shall deposit with the Board of Playground and Recreation Commissioners a filing fee of Ten Dollars ($10.00) at the time of making such application, which sum shall be retained by the Board in the event such application is finally granted. In the event the application is denied, the Board shall return any and all deposits to the applicant. SEC BOARD TO INVESTIGATE. The Board of Playground and Recreation Commissioners shall make an investigation of the plans and the location of the proposed or existing structure to determine whether the same will interfere or is interfering with any of the rights of the public. After an investigation and report by the Board there shall be a hearing upon the application. Notice of the hearing of the application, giving the time of and place at which the hearing is to be held, shall be mailed to the applicant at his place of residence as contained in the application, at least ten days prior to the date of the hearing. SEC BOARD POWER TO GRANT PERMIT. The Board of Playground and Recreation Commissioners, in the exercise of sound and reasonable discretion based upon compliance with the provisions of this article and based upon the effect the proposed or existing structure may have or has had upon any of the rights or interests of the public, and of its effect on the public beach land, may grant or deny any and all applications to construct, maintain, repair or operate any of the structures mentioned in Section for which an application has been made; provided, however, that the Board of Playground and Recreation Commissioners must grant or deny any application within sixty days after the date of the filing of the same. SEC REVOCATION OF GRANTS. The Board of Playground and Recreation Commissioners shall have the power to suspend or revoke any grant issued under the provisions of this article, and during the suspension of any such grant, or after the revocation of the same, no person whose grant is suspended or revoked shall erect, construct, maintain or use any structure mentioned in the revoked or suspended grant. The Board of Playground and Recreation Commissioners may, when a grant is revoked, or if the structure is maintained without a grant, order or cause the structure to be destroyed. The Board of Playground and Recreation Commissioners shall follow the procedure outlined in Section of this Code in revoking or suspending such grant. The said Board shall only have the right to revoke or suspend a grant when the holder thereof violates any of the provisions of this Code or the terms and conditions of the grant. SEC GRANTS MAY IMPOSE CONDITIONS. The Board of Playground and Recreation Commissioners in the issuance of any grant may impose therein any and all reasonable terms and conditions that the Board may in its discretion determine to be necessary for the preservation of public beaches, public beach lands and the waterfront areas of the City. SEC BOARD MAY DENY GRANTS.

77 In case the Board of Playground and Recreation Commissioners deny any application for a grant under Section within thirty (30) days after written notice to the applicant of the denial of the application, any applicant claiming that the action of the Board of Playground and Recreation Commissioners is arbitrary or unreasonable, may appeal from the decision of the Board to the City Council. The City Council shall consider said application and the facts or the circumstances surrounding the same, and the reason for denial of the grant and, if the City Council shall in its discretion determine that the action of said Board is unreasonable and arbitrary, the City Council may issue such grant on the terms and conditions to be prescribed by the Council, provided such terms and conditions do not violate any State law or Charter provisions concerning beach lands, tide lands or waterfront property, and provided further that such terms and conditions prescribed by the Council do not violate the provisions of this article relating thereto. SEC RENEWAL OF GRANTS EXISTING STRUCTURES. If any person now owns or maintains any structure on any public beach land or water over which the Board of Playground and Recreation Commissioners now has or may hereafter acquire jurisdiction and said structure has been erected under and pursuant to a grant issued by the State of California, the County of Los Angeles, or any municipality now existing, or formerly existing within the County of Los Angeles, the same may be maintained in its present condition until the expiration of the time specified in the grant. After the grant under which any such structure was erected has expired, a renewal of such grant must be secured from the Board of Playground and Recreation Commissioners in the manner outlined in this article and subject to the terms outlined therein. Any existing structure, built under a grant issued by the State of California, County of Los Angeles, or any municipality now existing or formerly existing in the County of Los Angeles, on lands that are now under the control of, or that may hereafter be under the control of the Playground and Recreation Commissioners of the City of Los Angeles, and which grant does not specify the length of time for which said grant was to run, shall expire twenty (20) years from the date of the issuance of the grant. However, any existing structure hereinbefore mentioned in this section may be repaired and maintained in the manner specified in the original grant without the necessity of obtaining a new grant from the Board of Playground and Recreation Commissioners until the expiration of the life of the grant, as above mentioned, but such structure cannot be maintained or repaired in a manner that differs from the manner specified in the original grant for the construction of the same, and, if any such existing structure is now being maintained, or has been repaired, or the grantees or their successors hereafter attempt to maintain or repair such structure in a manner that differs from the original grant in any way that will affect or change the drift of sand, or alter the current of water, the owners of such existing structure must obtain a grant from the Board of Playground and Recreation Commissioners to maintain such existing structure in its present condition and a grant must be obtained in the event that any attempt is made to repair such existing structure in a manner that will alter the current of water or change the drift of sand in a manner different from the original drift of sand or flow of current. The Board may deny said application if in the exercise of a reasonable discretion the Board of Playground and Recreation Commissioners determines after an investigation, that the particular structure for which an application is being made has been repaired and is now being maintained or it is sought to repair or maintain a structure in a manner different from the construction of the same in its original grant and the present or contemplated condition of the structure is or would be such that it would change the current of the water or the drift of the sand in a manner different from the manner in which the original structure would affect the current or drift. SEC GRANTS WHAT TO PRESCRIBE. Every grant issued by the Board of Playground Commissioners under this article shall prescribe: (a) That upon the expiration thereof all groins, jetties, breakwaters, sea walls, pipe lines, sewers, piers, wharves, buildings or other structures shall become and be the property of the City, with or without compensation therefor, as the particular grant may declare, or (b) That the grantee or holder thereof shall have the privilege, or be compelled to remove the groin, jetty, breakwater, sea wall, pipe line, sewer, pier, wharf, building or other structure, at his own expense, and said grantee may or may not retain the materials used in the construction, as the particular grant may specify. SEC WAIVER REQUIRED. Before any permit for any groin, jetty, breakwater, sea wall, or other work or structure, which may result in the artificial accretion of land to the adjoining uplands, the Department of Playground and Recreation will require the applicant for such permit to waive all claims, title and interest to and in all such artificial accretions of land which may develop as a result thereof lying beyond or seaward from the line of mean high tide as shown by the survey accompanying the application and as defined by this article. SEC BOARD TO DETERMINE IF REPAIR WILL ALTER THE CURRENT. The Board of Playground and Recreation Commissioners, in the exercise of a reasonable discretion, shall determine whether or not any contemplated repair will change the drift or alter the current of the water in a manner different from the effect of such structure to be repaired on the current or drift prior to the arising of the condition necessitating such repair. SEC NATURAL ACCRETIONS.

78 Nothing in this article shall be construed to affect the right of owners of lands abutting tide lands to natural accretions to their land. SEC COUNCIL TO APPROVE CERTAIN GRANTS. Before the Board of Playground and Recreation Commissioners shall make any grant on any beach property for a period of over five (5) years, the same must be submitted to and approved by the City Council, and without such approval the Board of Playground and Recreation Commissioners shall have no power to make such grant. SEC HARBOR DEPARTMENT JURISDICTION. Nothing in this article contained shall prevent the City Council from granting to the Board of Harbor Commissioners any tidelands and submerged lands herein mentioned when the City Council shall determine that the needs and requirements of commerce, navigation and fishery demand that such territory be placed under the control, supervision and management of the Harbor Department. SEC BUILDING PERMITS REQUIRED. Nothing in this article from Section to Section shall be construed in any manner to affect the necessity for an applicant desiring to erect any structure mentioned in said sections from complying with the provisions of Ordinance No. 28,700 or Article 1, Chapter 9 of this Code, except that applicants for grants to construct any structure under such provisions shall first apply for and obtain the grant mentioned in Section SEC PARK RANGERS: AUTHORIZATION TO ARREST. (Amended by Ord. No. 153,027, Eff. 11/16/79.) A. Any employee designated as a park ranger and regularly employed as such shall have the power, authority and immunity of a public officer and employee as set forth in Penal Code Section to make arrests without a warrant whenever he has reasonable cause to believe that the person to be arrested has committed a misdemeanor within a park and in his presence in violation of any of the following sections of this Code: 41.27, 41.57, 42.15, , 63.44, 63.45, through 86.06, and California Penal Code Section 415. (Amended by Ord. No. 169,976, Eff. 9/1/94.) B. Each such person while performing his respective duties shall wear a uniform departmental badge issued in accordance with the provisions of Section of this Code. C. Park shall include every public park, roadside rest area, playground, zoological garden, ocean, beach or other recreational facility area, together with any parking lot, reservoir, pier, swimming pool, golf course, court, field, bridle path, trail, or other recreational facility, or structure thereon, in the City of Los Angeles and under the control, operation or management of the Board of Recreation and Park Commissioners, the Los Angeles County Department of Parks and Recreation, the Los Angeles County Department of Beaches, or the Los Angeles Memorial Coliseum Commission. Park does not include any State Historic Park located within the City of Los Angeles. SEC REGULATIONS AFFECTING PARK AND RECREATION AREAS. (Added by Ord. No. 153,027, Eff. 11/16/79.) A. Definitions: As used in this section: Beach shall include public seashore and shoreline areas bordering the Pacific Ocean that are owned, managed or controlled by the City. (Added by Ord. No. 163,039, Eff. 1/17/88.) Park shall include every public park, roadside rest area, playground, zoological garden, ocean, beach or other recreational facility area, together with any parking lot, reservoir pier, swimming pool, golf course, court, field, bridle path, trail, or other recreational facility, or structure thereon, in the City of Los Angeles and under the control, operation or management of the Board of Recreation and Park Commissioners, the Los Angeles County Department of Parks and Recreation, the Los Angeles County Department of Beaches, or the Los Angeles Memorial Coliseum Commission. Park does not include any State Historic Park located within the City of Los Angeles. Board shall mean the Board of Recreation and Park Commissioners. B. Within the limits of any park or other City-owned Harbor Department designated and controlled property within the City of Los Angeles: (Amended by Ord. No. 174,737, Eff. 9/9/02.) 1. No person under the age of 18 years shall cause, permit or allow any ungelded equine animal to be present in said park. 2. (Amended by Ord. No. 160,401, Eff. 11/1/85.) No person shall cause, permit or allow any animal owned or possessed by him or any animal in

79 his care, custody or control to be present in said park except: (a) (b) Equine animals being led or ridden under reasonable control upon bridle paths or trails provided for such purposes; or Equine or other animals which are hitched or fastened at a place expressly designated for such purposes; or (c) Dogs which have been specially trained and are being used by blind or otherwise disabled persons to aid and guide them in their movements. (Amended by Ord. No. 172,088, Eff. 7/30/98.) (d) (Amended by Ord. No. 180,332, Eff. 12/16/08.) Licensed dogs or cats when led by a leash not more than six (6) feet long, or when confined within the interior of a vehicle, or licensed dogs under the control of a competent person in designated dog exercise and training areas at: (i) City parks or portions of City parks approved and designated as dog exercise and training areas by the Board of Recreation and Park Commissioners and approved by the City Council by ordinance; (ii) Laurel Canyon Park from 7:00 a.m. to 10:00 a.m. and from 3:00 p.m. until park closing every day of the week; (iii) Silver Lake Recreation Center, provided, however, that no dogs, whether or not led by a leash, shall be permitted or allowed in any part of the Silver Lake Recreation Center other than the fenced area designated as a dog exercise and training area, except as permitted or allowed by Paragraph (c) hereof; (iv) A portion of the Sepulveda Basin Recreation Area consisting of approximately 10 acres and located on Victory Boulevard near White Oak Avenue, which shall be open at sunrise and closed at sunset every day of the week; (v) A portion of Runyon Canyon Park consisting of approximately 90 acres located within the area 825 feet north of the Fuller Street entrance, 450 feet east of the Vista Street entrance and 1,850 feet south of the Mulholland Drive entrance. The boundaries of the off-leash dog exercise area described in this subparagraph shall be appropriately designated within the park. A separate portion of Runyon Canyon Park consisting of approximately 21,000 square feet located between the Fuller Street and Vista Street entrances and enclosed by a fence shall be designated a "no dogs or cats allowed" area and no dogs or cats shall be permitted or allowed inside the designated fenced area whether on or off leash; (vi) A portion of Barrington Park consisting of 1.4 acres as designated on the site plan contained in Council File No which shall be appropriately designated within the park and enclosed by fencing as indicated on the site plan. No dogs, whether on or off leash, shall be permitted or allowed in any area of Barrington Park other than the fenced area designated as an off-leash dog exercise area, except as provided by Paragraph (c) hereof; (vii) Department; An enclosed portion of Knoll Hill consisting of approximately three acres as designated on Knoll Hill by the Harbor (viii) An enclosed area consisting of approximately.84 acres, bounded by the Westminster Senior Center parking lot on the west, Main Street on the east, Westminster Avenue on the south and Clubhouse Avenue on the north, which shall be opened at sunrise and closed at sunset every day of the week; (ix) A designated fenced area consisting of approximately.86 acres in Hermon Park; (x) A designated area consisting of approximately 1.6 acres at Griffith Park and located at the north end of the John Ferraro Soccer Field on North Zoo Drive; (xi) A designated area consisting of approximately 3 acres at Whitnall Park on Whitnall Highway in North Hollywood, including a 50,000 square foot area for large dogs and a 22,500 square foot area for small dogs. The exception to Subdivision 2. contained in this Paragraph as it pertains to dogs shall not apply upon any boardwalk, sidewalk or public way immediately adjacent to any beach lands or beach properties adjoining the waterfront of the Pacific Ocean between the southerly boundary of the City of Santa Monica and Washington Street in the City of Los Angeles, between the hours of 11:00 a.m. and 8:00 p.m. on weekends and holidays from Memorial Day through October 31, and no dogs shall be permitted within the area during those times and days. 3. [Suspended until further action by Ord. No. 176,929, Eff. 10/1/05.] No person shall rent or offer for rent, or sell or offer for sale any commercial merchandise, or any article or thing of any kind or nature whatsoever; or practice, carry on, conduct or solicit any trade, occupation, business, or profession, except by contract with the Board, Department, Commission or their authorized representatives. Nothing in this subdivision, however, shall prohibit the sale or offering for sale of newspapers, periodicals, books, pamphlets and other forms of communication except that said sale of offering for sale is prohibited in museums, in those portions of a park to which access is restricted by the payment of an admission fee or in those facilities which are operated under contract with the Board, Department or Commission. (Amended by Ord. No. 159,064, Eff. 7/16/84.) 4. No person shall play or utilize any sound amplifying system except within or upon an area or facility set aside for such purpose by the Board,

80 Department or Commission. For the purposes of this and the next subdivision, sound amplifying system shall mean and include any system of electrical hookup or connection, loud speaker system or equipment, sound amplifying system, and any apparatus, equipment, device, instrument, or machine designed for or intended to be used for the purpose of amplifying the sound or increasing the volume of the human voice, musical tone, vibration or sound wave. This subdivision shall not apply to the regular and customary use of portable radios, televisions, record players or tape recorders played or operated in such places and at such times so as not to disturb other persons in their permitted uses of the park. 5. No person shall hold or conduct any musical event or concert in which any sound amplifying system is utilized without first obtaining a written permit to do so from the Board, Department or Commission. The application for such musical event permit shall state: The name of the person or persons applying for the permit; the particular park and location therein at which the musical event is proposed to take place; the date and time of the event; the number of persons who will perform at such musical event; and the size of the expected audience. A written permit for the musical event shall be issued upon reasonable terms and conditions except when: (a) activity; or (b) The location requested has been previously reserved for the same date and time by another person or organization for a particular The size of the audience reasonably expected to attend the musical event will exceed the capacity of the location requested. 6. No person shall play any musical instrument between the hours of 10:00 p.m. and 7:00 a.m. within seven hundred and fifty (750) feet of any structure used for dwelling purposes, except within or upon an area or facility set aside for this purpose by the Board or Department. For purposes of this subdivision, the term musical instrument includes but is not limited to drums and other percussion devices. 7. [Suspended until further action by Ord. No. 176,929, Eff. 10/1/05.] No person shall use any area or facility set aside, used, maintained or designated for a specific recreational or park purpose by the Board, Department, Commission or Department of Beaches, which purpose is reasonably apparent from the appearance, construction or designation of such facility or area, or as to which reasonable notice of such designation or purpose is given by signs posted thereon, for a purpose contrary to or inconsistent with such specific or designated purpose. 8. No person shall land, release, take off or fly any balloon, except children toy balloons not inflated with any flammable material, helicopter, parakite, hang glider, aircraft or powered models thereof, except in areas specifically set aside therefor. 9. No person shall engage in any voluntary parachute jump. 10. No person shall use any bow or crossbow, or throw or release any arrows, except as specifically permitted in designated archery areas. 11. No person shall take, seize or hunt any bird, animal or fish except that lost or escaped dogs, cats or horses may be searched for. 12. No person shall remove any wood, tree, shrub, plant, turf, grass, soil, rock, sand or gravel. 13. No person, without permission from the Board or the Department of Recreation and Parks, shall cut, break, injure, tamper with, deface or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench, structure, apparatus, equipment or property; or mark, paint, post or write upon any building, monument, fence, bench or other structure. (Amended by Ord. No. 168,219, Eff. 10/4/92.) 14. (Amended by Ord. No. 164,209, Eff. 1/8/89.) (a) No person shall enter, remain, stay or loiter in any park between the hours of 10:30 p.m. and 5:00 a.m. of the following day. On any public park or recreational facility subject to this section, the supervising employee at such site may extend the 10:30 p.m. closing time for up to one and one-half hours to accommodate any departmentally approved event, except for Griffith Park, for which the supervising employee at such site may extend the 10:30 p.m. closing time for up to only one hour to accommodate any departmentally approved event. (Amended by Ord. No. 180,461, Eff. 2/8/09.) (b) No person shall enter, remain, stay or loiter in any park which consists of an ocean area, beach, or pier between the hours of 12:00 midnight and 5:00 o clock a.m. of the following day; except that no person shall remain, stay or loiter on Royal Palms Beach between the hours of 8:00 o clock p.m. and 5:00 o clock a.m. of the following day. On any park which consists of an ocean area, beach, or pier subject to this Section, the supervising employee at such site may extend the 12:00 midnight closing time, or in the case of Royal Palms Beach the 8:00 o clock p.m. closing time, to accommodate special events such as grunion runs and other events approved by the Department of Recreation and Parks or the Los Angeles County Department of Beaches, as applicable. (c) No person shall enter, remain, stay or loiter in any of the following parks or facilities between the closing hour and the opening hour of the following day. The closing and opening hours for each of the following parks or facilities shall be as follows: (Amended by Ord. No. 182,153, Eff. 7/18/12.) Bellevue Recreation Center - closed at 10:00 p.m., open at 5:00 a.m. Cabrillo Beach pay Parking Lot (Port parking section) - closed at 10:30 p.m., open at 3:00 a.m.

81 Elysian Park - closed at 9:00 p.m. (except for two parking lots adjacent to it, which shall close at 10:30 p.m.), open at 5:00 a.m. Stoner Skate Plaza - closed at 7:00 p.m., open at 10:00 a.m. Monday through Sunday during Daylight-Savings Time, and closed at 5:00 p.m., open at 10:00 a.m. Monday through Sunday during Non-Daylight Savings Time. Closed one hour after Sunset, open one hour before Sunrise: Dearborn Park Ernest E. Debs Regional Park (except to open no earlier than 5:30 a.m.) Hansen Dam Recreation Center Runyon Canyon Park Telfair Park Closed at Sunset, open at Sunrise: Abbott Kenney Park Bell Canyon Park Carey Ranch Park Chase Street Park Deervale Park Del Rey Lagoon El Escorpian Canyon Park Erwin Street Park Hansen Dam Recreational Lake Harold Henry Park Jesse Owens Park Kagel Canyon Park Ken Malloy Harbor Regional Park (except the northern end of the park, as designated by appropriate signage, which shall close at 4:00 p.m. and open at 10:00 a.m.) Knapp Ranch Park Annex Liemert Plaza Linnie Canal Park Orcas Park Orcutt Ranch Pacific Palisades Park: (portions near Via De Las Olas and near Mount Holyoak, as designated by appropriate signage) Porter Ranch Subparks: (Palisades Bridle Trails, Wilbur-Tampa, Eddleston, Limekiln Canyon, Porter Ridge, and Viking) Richardson Family Park Robert Burns Park San Pascual Park Sepulveda Basin Recreation Area Facilities: (Woodley Flight Field, Sepulveda Wildlife Reserve, the North Parking Lot of Balboa Park, Lake Balboa Park, Off-Leash Dog Exercise Area) South Weddington Park Stoney Point Park Valley Plaza Park: (Laurel Grove and Whitsett Sections) Villa Cabrini Park Yucca Mini Park 15. No person shall ride or pull any horsedrawn vehicle on bridle trails or other areas except as specifically provided for such purposes by the Board. 16. No person shall drive or ride any cycle or vehicle, whether powered by a motor or human power, except on paths, roads or drives designed and provided for such purposes. 17. No person shall make or kindle a fire or cook food, except on a stove or masonry or concrete hearth or fire circle provided for such purpose, or on a portable stove or hearth of an approved type and in areas specifically posted for such use. 18. No person shall erect any barrier or lay, string or join any wires, ropes, chains or place any obstruction on or across any path, trail or area where the public may be expect to make contact with such barrier, wire, rope or chain. 19. No person shall throw, discard or deposit any paper, rubbish, debris, ashes, dirt, bottles, cans, trash or litter of any kind or nature whatsoever, except in receptacles specifically provided therefor. 20. No person shall appear, bathe, sunbathe, walk or be in any public park, playground, beach or the waters adjacent thereto, in such a manner that the genitals, vulva, pubis, pubic symphysis, pubic hair, buttock, natal cleft, perineum, anus, anal region, or pubic hair region of any such person, or any portion of the breast at or below the upper edge of the areola thereof of any such female person, is exposed to public view or is not covered by an opaque

82 covering. (a) This subdivision shall not apply to children under the age of 10 years. (b) This subdivision shall not apply to live theatrical performances performed in a theater, concert hall, or other similar establishment located on public land. 21. No person shall carry or discharge any firearms, firecrackers, fireworks, rockets, model rockets, torpedoes, airgun or slingshot. 22. [Suspended until further action by Ord. No. 176,929, Eff. 10/1/05.] No person shall assemble, collect or gather together in any walk, driveway, passageway or pathway in any park or in other places set apart for the travel of persons or vehicles in or through any park or occupy the same so that the free passage or use thereof by persons or vehicles passing along the same shall be obstructed in any manner. 23. [Suspended until further action by Ord. No. 176,929, Eff. 10/1/05.] No person, without permission from the Board or the Department of Recreation and Parks, shall distribute, display, circulate, post, place or erect any bills, notice, paper, or advertising device or matter of a commercial nature. (First para. Amended by Ord. No. 168,219, Eff. 10/4/92.) (a) Nothing contained herein shall be construed to prohibit sport organizations qualified as nonprofit organizations under State and federal tax laws pursuant to written permit from the Board, from posting and maintaining signs at sport fields where such organizations conduct a sport recreation program or programs acknowledging the sponsorship of such organizations by firms, businesses, or individuals; provided that as to any location where the Board authorizes such signs to be posted the following conditions are met: (1) The sole or primary purpose of the nonprofit sport organization is to conduct a sport recreation program or programs at the sport field involved. (2) The nonprofit sport organization is required to maintain the sport field involved at its own cost and expense. (3) Such signs are posted only during the playing season for that particular sport each year and only for the shorter of either the duration of the season or the period of time that the non-profit sport organization operates that season s program at that facility, and not at any other time. (4) The proceeds derived from the sponsorships acknowledged by such signs are expended solely for the maintenance of the sport field involved; except that any surplus after meeting such expenses may be expended to meet the expenses incurred by the non-profit organization in conducting the recreation program or programs at that facility. (5) The signs are placed only on the perimeter fence of the field, are one-sided, facing the spectator area of the field, and are of a size, number and design as specified by the Board. (6) Each such sign identifies the sponsor as well as the non-profit organization and contains a statement declaring such sponsorship or support. (b) Nothing contained herein shall be construed to prohibit the County of Los Angeles from conducting a Marketing Program on those beaches which are the subject of that certain Joint Powers Agreement Between the City of Los Angeles and the County of Los Angeles Providing for Lifeguard and Maintenance Services to be Rendered by the County on Beaches Located Within the City dated May 20, 1975, as amended. The term Marketing Program is defined to mean a program whereby the County grants third parties limited advertising rights on the beaches, such as the right to display name or product identification on lifeguard towers, trucks, uniforms, rescue boats, lifeguard equipment, public restrooms, fences, concession buildings, parking lot receipts and other beach facilities, in exchange for financial support in the form of money, equipment or services to be used in performing the obligations assumed by the County in the Agreement. Provided, however, that any such name and product identification shall not directly solicit the sale, use or consumption of any product; that the County shall not permit name and product identification of alcoholic beverage or tobacco products; and that the County shall not display the name of any marketing program sponsor or donor, or of their products on the beaches in any manner other than as is described in this subsection without the prior written approval from the Board. Additionally, such Marketing Program shall be subject to all of the restrictions set forth in Section of the Administrative Code of the County of Los Angeles, which is incorporated herein by reference as amended from time-to-time. 24. (Added by Ord. No. 179,058, Eff. 9/18/07.) No person, except as provided here, shall light, ignite, or otherwise set fire to, or smoke, carry, throw or discard any lighted tobacco products, including cigarettes, cigars or smoking tobacco. For purposes of this subdivision, "smoke" and "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 emitting or exhaling the smoke of a pipe, cigar, cigarette or any other smoking equipment. No person shall discard, dispose of, or deposit any tobacco product, including cigarette and cigar butts and ashes, except in approved containers specifically placed and designated for receipt of trash, refuse, rubbish, litter or other kind of waste materials. The Department shall post and maintain "No Smoking" signs in conspicuous locations. All these signs shall clearly and conspicuously recite the phrase "NO SMOKING" and/or use the international no-smoking symbol and shall cite this subdivision of Section of the Los Angeles Municipal Code. A violation of this subdivision shall be punishable as an infraction. Smoking is permitted in the following areas:

83 (1) City golf courses, except for the following courses where smoking is only allowed in designated areas and not in all areas of the course: (a) (b) (c) (d) Roosevelt Golf Course Wilson Golf Course Harding Golf Course Tregnan Golf Academy (2) Those areas within parks that are specified in a permit issued by the Recreation and Parks Film Office authorizing smoking for filming purposes only and by actors only; and (3) Designated smoking areas at the Autry National Center, the Greek Theater, and the Los Angeles Zoo. C. The Board is hereby authorized to designate particular park roads for commercial trucks and vehicles for park purposes only. No such truck or vehicle carrying any article for trade or commerce shall drive upon any park road except as may be specifically provided or designated for such use. The 1.5 mile walkway surrounding Lake Balboa in Lake Balboa Park shall be designated as a pedestrian walk only. No person shall roller blade, roller skate, skate board, or ride or drive any bicycle, scooter or similar vehicle upon the designated walkway. (Amended by Ord. No. 169,113, Eff. 12/4/93.) D. Within the limits of any park other than beaches, no person shall: 1. Swim, bathe, wade in or pollute the water of any park, fountain pond, lake or stream, except as permitted by the Board or its authorized representative. 2. Enter any municipal swimming pool or dressing room therein at any time when a life guard or dressing room attendant is not present. 3. Roller skate, board skate, or ride or drive any bicycle, scooter, or similar vehicle on the decks surrounding a swimming pool or on tennis courts. 4. Camp in a City park, except in locations designated for such purposes, or erect, maintain, use or occupy any Tent, excluding Umbrellas or Sun Shades. (Amended by Ord. No. 182,153, Eff. 7/18/12.) (a) Definitions: For purposes of this Subdivision, the following words or phrases shall mean: (i) "Camp" means to erect, maintain or occupy a Camp Facility for any purpose, including lodging or living accommodation. (ii) "Camp Facility" means one or more of the following: a Tent, hut, other temporary physical shelter, cot, bed, sleeping bag, hammock or bedroll, erected, maintained or used for lodging or living accommodation. The recreational use of a sleeping bag or bedroll that is removed from the park upon closing and not used to Camp is not considered a camp facility. (iii) "Tent" means shelter or structure that is not entirely open and which lacks an unobstructed view into the Tent, shelter or structure from the outside. (iv) "Umbrella or Sun Shade" means any canopy or cover that is open on all sides, consists of pliable tent-like material such as canvas, nylon or other synthetic fabric, and that is held aloft by one or more supporting metal, plastic, or wooden poles. No Umbrella or Sun Shade shall exceed eight feet in height and ten feet in diameter or width. All Umbrellas or Sun Shades shall be dismantled and removed from the park before the park is closed. 5. Operate a boat on any pond, lake or waters therein, except as permitted by the Board or its authorized representative. E. No parent, guardian, or person having the custody of any child under the age of eight (8) years shall cause, permit or allow such child to enter or visit any park, other than beaches, having a lake, pond, stream or swimming pool within its boundaries, unless such child is accompanied by a person of not less than sixteen (16) years of age. F. No person over eight (8) years of age shall enter or use any restroom in a park designated for persons of the other sex. G. Every person shall comply with rules promulgated by the Board for the use of golf courses, tennis courts, and dog parks, which rules shall be conspicuously posted at each golf course, tennis court, and dog park. (Amended by Ord. No. 180,332, Eff. 12/16/08.) H. In parks consisting of beaches and water recreation areas, the Board or the Director of Beaches is hereby empowered and authorized to establish in and upon the beaches and water recreation areas water activity zones restricted as to the following uses: 1. Bathing and Swimming Zones No person shall use, possess or operate in the waters of the Pacific Ocean opposite any beach regulated by this

84 section any object commonly known as a surfboard, paddleboard or similar device (but not including surfmats which are made of a nonrigid material with a non-slippery surface, so constructed that when inflated for use it will not fold in any direction between twenty-four (24) and thirty (30) inches in width and forty (40) to sixty (60) inches in length, and equipped with a safety rope, and belly boards) at such times and in such zone when said waters are restricted for swimming and bathing only. Such restrictions shall be effective when a yellow flag having dimensions of not less than two feet by two feet and having a solid black circle in the center (commonly known as a blackball flag ) is prominently displayed from a lifeguard tower, lifeguard station, pier or similar structure under the control of the Department of Beaches. At such times as the blackball flag is displayed, swimming and bathing only shall be permitted in the waters of the Pacific Ocean opposite those areas of the beach within 200 yards of the point of display of said blackball flag, provided, however, that where said blackball flag is displayed from consecutive operational lifeguard towers, lifeguard stations and similar structures under the control of the Department of Beaches along a beach regulated by this article then all waters of the Pacific Ocean opposite said beach shall be restricted to swimming and bathing only. Such restrictions shall also be indicated by pairs of red flags put in place by the Director of Beaches or his authorized employee. At such times as said red flags are displayed, swimming and bathing only shall be permitted in the waters of the Pacific Ocean opposite those areas of the beach lying between a given pair of such red flags. 2. Surfboards Zone Notwithstanding any other provision of this section, the Director of Beaches may from time to time designate certain areas to be used exclusively by persons using surfboards and paddleboards. Such designation may be revoked at any time and the area covered by any such designation may be enlarged or reduced at any time. A person shall not swim or bathe in the waters of the Pacific Ocean included in an area so designated except while using a surfboard or paddleboard or as is necessary in order to use a surfboard or paddleboard. I. Within the limits of parks consisting of beaches and water recreation areas: 1. No person shall surf by board or engage in bathing or swimming activities in any area posted as closed. 2. No person shall bathe, swim, surf by board or operate any boat or other device in, or upon, water in violation of any authorized warning signal or device. Any person in violation of any warning signal or device or in violation of any Bathing and Swimming Zone or Surfboard Zone restriction shall not fail, refuse or neglect to leave the waters of the Pacific Ocean opposite any beach regulated by this section. 3. No person shall engage in the sport commonly known as aquaplaning, water skiing, or any derivation thereof unless such activities are permitted by conspicuously posted signs at appropriate places upon the beach and lands abutting and adjacent thereto. 4. No person shall use any spear gun on any beach or in any waters within one thousand (1,000) feet of shore unless otherwise specifically permitted in posted areas. 5. No person shall operate a boat within one hundred (100) feet of any bather or swimmer, or within two hundred (200) feet of a beach used by bathers or swimmers. 6. No person shall beach or launch any boat, except at a place designated for such purposes. The Board or the Director of Beaches may designate any beach area or portions thereof as an area which may be used for the purpose of beaching or launching boats. 7. No person shall use, possess or operate any object commonly known as a surfmat, paddleboard, bellyboard, surfboard, or similar device except within 200 yards from shore or 75 yards seaward of the point at which the average wave breaking, whichever distance is greater, or when used by a skin diver to hold his or her flag. 8. No person shall bring or permit or allow in the waters of the Pacific Ocean opposite any beach regulated by this section any object commonly known as, or used as, a paddleboard or surfboard, within 100 feet of any person in the waters thereof who was not at the time using or possessing a similar object. 9. (Amended by Ord. No. 163,039, Eff. 1/17/88.) No person shall erect, maintain, use, or occupy on any beach, any tent, lodge, shelter, or structure that has more than two sides closed. Any such tent, lodge, shelter or structure shall otherwise be entirely open and there shall be an unobstructed view into such tent, lodge, shelter or structure from the outside except for the two closed sides. If the tent, lodge, shelter or structure is other than rectangular in shape, no more than one-third of the outside thereof shall be closed and there shall otherwise be an unobstructed view into it. Any tent, lodge, shelter or structure erected, maintained, used or occupied on a beach shall consist of pliable, tent-like materials such as canvas, nylon or pliable synthetic material. In no event shall any such tent, lodge, shelter or structure be erected or maintained closer than fifty (50) feet from any other tent, lodge, shelter or structure. Any such tent, lodge, shelter or structure shall be dismantled and removed from the beach each day and no part thereof shall remain overnight. No person shall fasten or maintain any guy wire, guy rope or exterior bracing or support of any tent, lodge, shelter or structure between it or any portion thereof, and any structure, stake, rock or thing outside of such tent, lodge, shelter or structure.

85 10. (Added by Ord. No. 163,039, Eff. 1/17/88.) No person shall enter, be, or remain on any beach area unless that person complies with all regulations applicable to that beach and with all other applicable ordinances, rules and regulations. 11. (Added by Ord. No. 163,039, Eff. 1/17/88.) A person exercising any of the privileges authorized by this section does so at that person s own risk without liability on the part of the City for any injury to person or property resulting therefrom. 12. (Added by Ord. No. 163,039, Eff. 1/17/88.) Except as otherwise provided in this section or as authorized by the Board, no person shall camp on or use for overnight sleeping purposes any beach, or bring a housetrailer, camper or similar vehicle onto any beach. 13. (Repealed by Ord. No. 179,058, Eff. 9/18/07.) J. Within the limits of any park containing a fishing pier: 1. No person shall operate any vehicle on a fishing pier, except as permitted by the Board or its authorized representative. 2. No person shall ride a bicycle, scooter, skate, skateboard, or other wheeled device on any pier. Subdivisions 1 and 2 of this subsection shall not apply to the use of wheelchairs by persons whose physical condition necessitates such use. 3. No person shall dive or jump, or cause another to fall, dive or jump from a pier, or climb or be on the outside of the railing of a pier except: (a) members of the lifeguard service of the Department of Beaches or any other person as may be delegated by the lifeguard service or any of its personnel to assist them in rescuing or saving lives; (b) (c) (d) members of the lifeguard service during the course of drills and training; authorized persons involved in the maintenance, repair or construction of the pier or a part thereof; or as a participant in an aquatic event or activity which is approved and authorized by the Director of Beaches. 4. No person shall swim, operate or otherwise use a surfboard, skindive or use self-contained underwater breathing apparatus within an area described as one hundred (100) feet of either side of the pier except for purposes otherwise authorized by this article. 5. No person shall climb or crawl on the pier railings, pilings or under structures. 6. No person shall do any overhead casting or allow any fishing lure or hook to pass inboard of the pier railing while casting. 7. No person shall clean any fish except at locations provided for that purpose. 8. No person shall use more than one pole or drop line at any one time. 9. No person shall fish or trap sea life for commercial purposes. 10. No person shall use any fishing spear or spear gun. K. Within the limits of any parking lot located within the limits of any park: 1. No person shall drive a vehicle onto any public parking lot without paying the posted fee to the attendant on duty thereon or by paying the metered fee. 2. No person shall stand or park any vehicle on any metered or unmetered public parking lot between the hours of 10:30 o clock p.m. and 5:00 o clock a.m. of the following day or such other hours as the Council may establish for each public parking lot by ordinance, whether said vehicle is occupied or unoccupied. Provided, however, that within the limits of parks consisting of ocean areas, beaches or piers, no person shall stand or park any vehicle on any metered or unmetered public parking lot between the hours of 12:00 midnight and 5:00 o clock a.m. of the following day or such other hours as the Council may establish for each such parking lot by ordinance. (Amended by Ord. No. 164,209, Eff. 1/8/89.) 3. No person shall refuse to exhibit upon demand of any attendant the driver or operator s portion of a parking ticket when the driver or operator of any vehicle that is standing, parked or being operated on any unmetered parking lot has been issued a numbered parking ticket. 4. No person shall remove the identifying portion of a parking ticket from any vehicle while on such parking lot. 5. No person shall drive a vehicle onto any public parking lot through a driveway posted with a sign stating Do Not Enter. 6. No person shall remove an automobile from public parking lot except through a gateway or driveway marked Exit.

86 7. No person shall park in a parking lot, except entirely within a space indicated by painted lines, said spaces being commonly referred to as a parking slot or parking stall. 8. No person shall park where there is posted a No Parking sign. 9. No person shall drive a truck of more than one (1) ton capacity on any public parking lot. 10. No person shall drive a motor vehicle upon any public parking lot at a speed greater than ten (10) miles per hour, unless otherwise posted. 11. No person shall drive a vehicle in excess of the posted speed limit. 12. No person shall teach another person to drive a motor vehicle or use such parking lot for driving practice. 13. The provisions of Subdivisions 2.,7., and 8. of Subsection K. shall be enforced by civil penalty in the same manner as the provisions of Section of this Code. (Added by Ord. No. 168,782, Eff. 7/12/93.) L. Notwithstanding the provisions of Section K.2., where a parking lot is located within any park, including those consisting of beach and water recreation areas, the Director of Beaches, or the Board in the event the City exercises management and control over such park, may post or cause to be posted a sign at the entrance to such parking lot indicating that the lot is closed to public parking at an hour earlier than 1:00 a.m. or later that 3:00 a.m. When such sign is posted, no person shall stand or park an occupied or unoccupied vehicle within the parking lot during the hours wherein parking is prohibited. Any vehicle parked in violation of the provisions of this subsection may be removed from such parking lot in accordance with the provisions of the Vehicle Code of the State of California. (Amended by Ord. No. 164,209, Eff. 1/8/89.) M. Within the limit of any zoological garden located within a public park, no person other than authorized City employees shall: 1. Feed or throw food to any animal located therein, except in that area of the Children s Zoo so designated, approved food may be fed to animals located therein. 2. Harass, tease or annoy any animal by means of gestures, movements, throwing of objects, shouting or by any other means. 3. Have within their possession any cans, bottles, skateboards, bats, balls, a knife with a blade longer than three (3) inches, or any other objects which are capable of being thrown at or otherwise used to harm any animal. N. (New Subsec. N. Added by Ord. No. 173,878, Eff. 4/12/01.) Within the limit of any park or portion thereof designated by the Board as a skateboard facility, whether the facility is supervised or unsupervised: 1. No person shall ride a skateboard unless that person is wearing a helmet, elbow pads and knee pads. 2. No person shall ride a bicycle or scooter in the skating area. 3. The opening and closing hours of the park shall be 12:00 noon to sunset on Monday through Friday, and 9:00 a.m. to sunset on Saturdays, Sundays and holidays; however, skate parks shall also be closed during periods of wet weather or when conditions, such as wet weather, make it unsafe to skate. 4. The Board shall cause signs to be posted at all skateboard facilities providing reasonable notice that any person riding a skateboard at the facility must wear a helmet, elbow pads and knee pads while skateboarding; that no bicycles or scooters are allowed in the skating area; that the park hours are 12:00 noon to sunset Monday through Friday and 9:00 a.m. to sunset on Saturday, Sunday and holidays; that the park will be closed during periods of wet weather or when conditions make it unsafe to skate; and, that any person in violation of this ordinance will be subject to citation for violation thereof. O. (New Subsec. O. Added by Ord. No. 173,922, Eff. 5/28/01.) Within the limit of any park consisting of beach lands or beach properties adjoining the waterfront of the Pacific Ocean between the southerly boundary of the City of Santa Monica and Washington Street in the City of Los Angeles: 1. No person shall operate a motorized scooter on any boardwalk, sidewalk, bike path or other public way. For the purpose of this subsection, the term motorized scooter shall mean any two-wheeled device that has handlebars, is designed to be stood or sat upon by the operator, and is powered by an electric motor that is capable of propelling the device with or without human propulsion, excluding motorcycles (as defined in Vehicle Code Section 400), motor-driven cycles (as defined in Vehicle Code Section 405), motorized bicycles or mopeds (as defined in Vehicle Code Section 406) and a toy (as defined in Health and Safety Code Section ). A device meeting the above definition that is powered by a source other than electrical power is also a motorized scooter. P. (New Subsec. P. Added by Ord. No. 179,129, Eff. 8/28/07.) Within the limit of any park designated by this subsection as being in a high fire hazard zone and between April 1 and November 1 of each year: 1. Notwithstanding any other provision of this Code, no person shall light, ignite, set fire to, or burn any substance, or maintain an open flame of

87 any kind for any purpose, including but not limited to cooking and barbecuing, except in areas specifically designated and posted to allow open flames. 2. The Department shall post and maintain "No Open Flame" signs in conspicuous locations. These signs shall clearly and conspicuously recite the phrase "NO OPEN FLAMES BETWEEN APRIL 1 AND NOVEMBER 1" and shall cite this subdivision of Section of the Los Angeles Municipal Code. The General Manager of the Department shall be authorized when fire hazardous conditions are present, to extend the period during which open flames are prohibited in parks designated by this subdivision; provided, if open flames are prohibited prior to April 1 or after November 1, the Department shall modify the signs required by this subdivision to provide notice of the dates that open flames are prohibited. 3. The following parks are located in a high fire hazard zone: Andres Pico Adobe Park Aliso Canyon Park Aliso Triangle Alizondo Drive Park Angels Gate Park Angels Point Ascot Hills Park Averill Park Bandini Canyon Park Barnsdall Art Park Bee Canyon Bell Canyon Bell Canyon Park Beverly Glen Park Bogdanovich Park Brand Park Briarwood Park Bronson Canyon Browns Creek Park Carey Ranch Carlin G. Smith Castle Peak Park Chase Park Chatsworth Oaks Park Chatsworth Park North Chatsworth Park South Cleland Avenue Bicentennial Park Coldwater Canyon Park Crestwood Hills Park De Neve Square Park Decker Canyon Camp Deervale-Stone Canyon Park Eddleston Park El Escorpion Canyon El Sereno North Park El Sereno Park Elysian Park - All Areas Elysian Therapeutic Recreational Center Ernest E. Debs Regional Park Facility Site House Fehlhaber-Houk Park Ferraro Sports Complex Fryman Canyon Glassell Park Recreation Center Grace E. Simons Lodge Griffith Park - All Areas Haines Canyon Park Hansen Dam Golf Course Hansen Dam Recreation Area Harbor Regional Heritage Square Hermon Park Hill-Palmer House Holleigh Bernson Memorial Park

88 Knapp Ranch Park Knapp Ranch Park West La Tuna Canyon Lake Hollywood Park Lake View Terrace Park Laurel Canyon Dog Park Laurel Canyon Park Lazy J Ranch Park Leland Park Lilac Terrace Park Limekiln Canyon Los Angeles Zoo Los Feliz Pitch & Putt Golf Course Mae Boyar Park Mandeville Canyon Park McGroarty Park Moon Canyon Park Moonshine Canyon Park Mt. Olympus Mulholland View Site #16 Norman O. Houston Park O'Melveny Park Orcas/Gabrieleno Equestrian Park Orcutt Ranch Horticultural Center Oro Vista Park Palisades Park Palisades Recreation Center Palisades Slide Area Palisades-Asilomar Park Pasko Park Peck Park Pilsn Property Porter Ranch Park Porter Ridge Park Potrero Canyon Park Pueblo de Rio Park Rena Park Reseda/Rinaldi Park Richard Alatorre Park Rivas Canyon Park Roger Jessup Park Roosevelt Golf Course Runyon Canyon Rustic Canyon San Vicente Mountain Park Santa Ynez Canyon Sepulveda Basin Recreation Area Serrania Ave Park Shadow Ranch Recreation Center Stetson Ranch Equestrian Park Stoney Point Park Sullivan Canyon Park Taxco Trails Park Temescal Canyon Park The Homestead Acre/ Tregnan Golf Academy Vanalden Park Verdugo Mountain Park Via De Las Olas Park Viking Park Villa Cabrini Park Warner Center Park Wattles Garden Park West Hills Park

89 White's Point Nature Preserve Wilacre Park Wilbur-Tampa Park Wilder's Addition (Point Fermin Park) Wilson/Harding Municipal Golf Course Woodbine Park Woodland Hills Park Zelzah Park Q. The provisions of this section shall not prevent nor be construed to limit or prohibit any duly authorized departmental officer, agent or employee, or any duly authorized peace officer, from performing any act within the scope of his official duties. (Subsec. N. Redesignated Subsec. O. by Ord. No. 173,878, Eff. 4/12/01; Subsec. O. Redesignated Subsec. P. by Ord. No. 173,922, Eff. 5/28/01; Subsec. P. Redesignated Subsec. Q. by Ord. No. 179,129, Eff. 8/28/07.) SEC EMERGENCY PARK CLOSURE. (Amended by Ord. No. 153,027, Eff. 11/16/79) A. Whenever a danger to the public health or safety is created in any public park by such causes as flood, storm, fire, earthquake, explosion, accident or other disaster, or by riot or unlawful assembly, the General Manager, an Assistant General Manager, a lifeguard of the Department of Beaches or a park ranger of the Department may close the area where the danger exists for the duration thereof to any and all persons not authorized to enter or remain within such closed area. B. Park rangers may close the immediate area surrounding any emergency field command post established for the purpose of controlling any dangerous condition stated in this section to all unauthorized persons. C. No unauthorized person shall willfully and knowingly enter an area closed pursuant to Subdivision A or B of this section nor shall willfully remain within such areas after receiving notice to evacuate or leave the area from any park ranger, lifeguard, fire fighter, or peace officer. SEC DESIGNATION OF DRUG-FREE ZONES. (Amended by Ord. No. 171,454, Eff. 1/26/97.) The following locations are designated drug-free zones pursuant to Section of the Health and Safety Code of the State of California: A. All public beach areas bordering the Pacific Ocean, from the Santa Monica City limits to the El Segundo City limits, which are owned, leased to, managed or controlled by the City, including all beach areas over which the City exercises control for law enforcement purposes, and all public park areas contiguous and adjacent to said beach areas, including the Del Rey Lagoon Park and the Vista Del Mar Park. B. The following public parks: th Street Recreation Center, 2. Algin Sutton Recreation Center, 3. Terrace Park, 4. Anderson Senior Center, 5. Ardmore Recreation Center, 6. Boyle Heights Sports Center/Senior Citizen Center, 7. Brand Park, 8. Branford Recreation Center 9. Carlin G. Smith Recreation Center, 10. Central Recreation Center, 11. Chevy Chase Park, 12. Cypress Park, 13. David M. Gonzales/Pacoima Recreation Center,

90 14. Denker Recreation Center, 15. East Wilmington Greenbelt Park, 16. Evergreen Recreation Center, 17. Ferndell (within Griffith Park), 18. Fernangeles Recreation Center, 19. Gilbert W. Lindsay Community Center, 20. Green Meadows Recreation Center, 21. Hansen Dam Recreation Area, 22. Harvard Park Recreation Center, 23. Hazard Park, 24. Hollenbeck Park, 25. Hollywood Recreation Center, 26. Hubert H. Humphrey Memorial Park, 27. Jesse Owens Mini Park, 28. Jim Gilliam Recreation Center, 29. John Quimby Park, 30. Lafayette Park, 31. Lanark Park and Recreation Center, 32. Lincoln Heights Recreation Center, 33. Lincoln Park, 34. Louise Park, 35. Mac Arthur Park, 36. Mar Vista Gardens, 37. Martin Luther King, Jr. Park, 38. Montecito Heights Recreation Center, 39. Mount Carmel Park, 40. North Hollywood Recreation Center, 41. Oakwood Recreation Center, 42. Panorama Recreation Center, 43. Pecan Recreation Center, 44. Penmar Recreation Center, 45. Pershing Square,

91 46. Poinsettia Recreation Center, 47. Prospect Park, 48. Queen Anne Recreation Center, 49. Rancho Cienega Sports Center, 50. Robertson Recreation Center, 51. Ross Snyder Recreation Center, 52. Runyon Canyon Park, 53. Sepulveda Recreation Center, 54. Shatto Recreation Center, 55. South Park Recreation Center, 56. State Street Recreation Center, 57. Stoner Recreation Center, 58. Trinity Recreation Center, 59. Valley Plaza Park, 60. Van Nuys Recreation Center, 61. Vermont Square Recreation Center, 62. Wattles Gardens Park, 63. Wilmington Recreation Center, and 64. Woodley Avenue Park. C. All other parks in the City of Los Angeles, as that term is defined in Municipal Code Section SEC POWER BOAT PROHIBITION ON THE VENICE CANALS. (Added by Ord. No. 168,849, Eff. 7/31/93.) No person, except a public officer in the performance of his or her duties, shall operate or cause to be operated, a motorized vessel on any of the waterways comprising the Venice Canals, including Grand Canal, and Eastern Canal. Motorized vessel shall mean every description of watercraft used on capable of being used as a means of transportation on the water, and which is powered by a gasoline engine or electric motor. SEC CHARGES FOR HANDLING AVIATION ENGINE FUELS, LUBRICANTS AND SOLVENTS AT LOS ANGELES INTERNATIONAL AIRPORT. (Title Amended by Ord. No. 173,292, Eff. 6/30/00, Oper. 7/1/00.) (a) Rates Established. (Amended by Ord. No. 173,292, Eff. 6/30/00, Oper. 7/1/00.) Every person who stores, withdraws, handles, transports or delivers aviation engine fuels, lubricants and solvents at the Los Angeles International Airport shall pay to the City of Los Angeles, for the privilege of storing, handling, withdrawing, transporting or delivering aviation engine fuels, lubricants or solvents at the Los Angeles International Airport, the following charges: 1. One and one-tenth cent per gallon for aviation engine fuels; 2. Five and one-half cents per gallon for aviation lubricants; cents per pound for aviation solvents.

92 (b) Permit Required. (Amended by Ord. No. 173,292, Eff. 6/30/00, Oper. 7/1/00.) It shall be unlawful for any person to take or convey any aviation engine fuels, lubricants or solvents into the boundaries of the Los Angeles International Airport for the purpose of storing, withdrawing, handling, transporting of delivering the same therein without a permit from the Board of Airport Commissioners or the General Manager therefor. Every such person taking or conveying such products into the boundaries of said Airport shall immediately notify the General Manager of that fact; stating the quantity of such products and thereupon the General Manager shall forthwith collect the charges hereinabove fixed, provided, however, that the said General Manager may, in his or her discretion, defer the immediate collection of such charges so as to collect during one calendar month for all quantities of such products taken or conveyed into the boundaries of said Airport by any person during the previous calendar month. (c) Exceptions. The terms of this ordinance shall not apply to lessees of portions of the Airport who are paying a rental to the City of Los Angeles for the privilege of selling such products within the boundaries of the Airport based upon the quantity of such products thus sold in so far as such products thus sold have been taken into consideration in determining such rental. The terms of this section shall likewise not apply to the delivery of such products to any lessee of a portion of the Airport or of the right to use the same, whose lease provides that the lessee may supply his own equipment with such products without the imposition of such charges either against the lessee or his suppliers of such products. (d) Disposition of Proceeds. All funds collected under the terms of this section shall be paid into and become a part of the Airport Revenue Fund. SEC LIBRARY REGULATIONS. Within the limits of any public library no person shall do any of the following acts: (a) Carry or discharge any firearms, fire crackers, rockets, torpedoes or any other fireworks, or airgun or slingshot; (b) Cut, break, injure, deface or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench or other structure, apparatus, or property, or pluck, pull up, cut, take or remove any shrub, bush, plant or flower, or mark or write upon any building, monument, fence, bench or other structure. (c) (d) (e) (f) Distribute any handbills or circulars, or post, place or erect any bills, notice, paper or advertising device or matter of any kind. Wade in or pollute the water of any fountain, pond, lake or stream. Indulge in riotous, boisterous, threatening or indecent conduct, or abusive, threatening, profane, or indecent language. Sell or offer for sale any merchandise, article or thing, whatsoever, without the written consent of the Board of Library Commissioners. (g) Practice, carry on, conduct or solicit for any trade, occupation, business or profession or to circulate any petition of whatsoever kind or character without the permission of the Board of Library Commissioners. (h) Remain, stay or loiter within the limits of any public library between the hours of 9:00 p.m. and 9:00 a.m. the following day. (Amended by Ord. No. 176,829, Eff. 8/27/05.) (i) Play or bet at or against any game which is played, conducted, dealt, or carried on with cards, dice or other device, for money, chips, shells, credits, or any other representative of value or to maintain or exhibit any gambling table or other instrument of gambling or gaming. SEC SCHOOL GROUNDS TRESPASS ON. No person shall enter the grounds or any property or buildings of a public school or remain on such grounds or property or building in violation of posted rules regarding the use of school property. Any such conduct shall constitute a trespass upon school property. (Amended by Ord. No. 158,173, Eff. 9/1/83.) SEC CITY RECORDS REMOVAL OF. No person shall take from the officer, board or commission of the City any map, book, record, paper or archives belonging to the City. SEC CITY RECORDS SAFE KEEPING EXEMPTIONS. No person, officer, board or commission of the City having the custody of any map, book, record or paper belonging to the City or any archives thereof, and no deputy or employee of such office, board or commission, or any other employee of this City shall permit any such map, book, record, paper or archives to be removed from the office of such officer, board or commission, provided, however, that Section and this section shall not be construed to prevent the removal of any such map, book, record, paper or archives to a place and at a time lawfully commanded by a subpoena duces tecum, or to prevent the removal of the same from the office of the officer, board or commission having the custody thereof, to the office of another officer, board or commission of the City for official use therein.

93 SEC VEHICLES FIRE SIGNS ON. No person shall place upon any vehicle, other than a vehicle owned by or under the control or management of this City, any sign or plate bearing the words Department of Fire, City of Los Angeles or Fire Department, City of Los Angeles or any similar sign, or drive or operate any vehicle bearing such sign. SEC CITY VEHICLES USE OF SEAL. (Amended by Ord. No. 132,116, Eff. 5/20/66.) Every passenger motor vehicle owned by this City, except passenger vehicles assigned to the Mayor, City Council, and members of the Police Department, shall at all times have painted or imprinted on each side of the vehicle, preferably on the foredoors, the official seal of this City, not less than six inches in diameter. At the option of the department to which said motor vehicle has been assigned there may be painted or imprinted in letters two inches in height, immediately below such seal, the name of the department, and immediately below such name there shall be painted or imprinted in digits one and one half inches in height the automotive equipment number assigned by the Purchasing Agent to the vehicle. In the absence of the department name, there shall be imprinted below said seal the automotive equipment number assigned by the Purchasing Agent. In no instance shall any passenger motor vehicle owned by this City bear more than three described markings, to wit: The City Seal, the name of the department to which assigned, and the prescribed equipment number of the unit, except that passenger motor vehicles, black and white in color, assigned to the Police Department may have painted or imprinted, thereon, immediately to the rear of the official seal of this City, the words to protect and to serve, no letter of which shall exceed two inches in height, and except that passenger motor vehicles assigned to the Fire Department may have painted or imprinted thereon numbers, letters, words of such size and color and in such locations as may be necessary to provide ground and aerial identification at emergencies. SEC CITY VEHICLES DIRECTOR OF THE OFFICE OF ADMINISTRATIVE AND RESEARCH SERVICES MAY EXEMPT USE OF SEAL. (Title and Section Amended by Ord. No. 173,363, Eff. 7/29/00, Oper. 7/1/00.) The Director of the Office of Administrative and Research Services may, upon written request, grant exemptions from the provisions of Sec which mandate the placing of the City seal on city vehicles. Such an exemption may be granted only for a period terminating at the end of the calendar year in which the exemption is granted, and that officer shall maintain a record thereof. SEC CITY TRUCKS USE OF SEAL. Every truck unit and unit of automotive equipment other than passenger motor vehicles owned by this City shall at all times have painted or imprinted on each side, preferably on the cab doors, the official seal of this City not less than eight (8) inches in diameter. At the option of the department to which said motor truck or unit of automotive equipment has been assigned there may be painted or imprinted in letters two (2) inches in height, immediately below said seal the name of the department and immediately below such name there shall be painted or imprinted in digits one and one-half (1-1/2) inches in height, the automotive equipment number assigned by the Purchasing Agent to the truck or equipment unit. In the absence of the department name there shall be imprinted immediately below said seal the automotive equipment number assigned by the Purchasing Agent. SEC EXEMPTIONS. The Harbor Department, the Department of Water and Power, and the Department of Airports are hereby exempted from those provisions of this article which require the assignment of shop numbers by the Purchasing Agent. SEC MPH SPEED LIMIT BUMPER STICKERS ON CITY VEHICLES. Notwithstanding any provisions of this article to the contrary, the City Council may at its discretion authorize and direct that there be affixed to the front or rear bumper of vehicles assigned to any department or office a sticker urging compliance with the State of California maximum speed limit of 55 miles per hour. (Added by Ord. No. 152,456, Eff. 6/7/79.) SEC BACK TO SCHOOL BUMPER STICKERS ON CITY VEHICLES. Notwithstanding any of the provisions of this article to the contrary the City Council may at its discretion authorize and direct there be affixed to the front or rear bumper of vehicles assigned to any department or office a sticker urging motorists to be alert to the presence of school children on public streets. (Added by Ord. No. 154,390, Eff. 9/17/80.) SEC BUMPER STICKERS SMOG CHECKS. (Added by Ord. No. 158,864, Eff. 5/27/84.)

94 Notwithstanding any provisions of this article to the contrary, the Department of General Services, unless instructed otherwise by Council resolution, may cause to be affixed to the front or rear bumper of City vehicles which are in compliance with the mandatory State Vehicle Exhaust Emission Standards, a bumper sticker urging citizens to comply with the State program requirements. The bumper sticker shall be red, white and blue in a form similar to that attached to Council File No and shall state: SMOG with a SMOG CHECK SEC DEPARTMENT OF TRANSPORTATION PARKING MANAGEMENT PROGRAM VEHICLE IDENTIFIERS. (Added by Ord. No. 159,824, Eff. 6/21/85.) Notwithstanding any provisions of this article to the contrary, and unless instructed otherwise by Council resolution, the Department of General Services, upon a request by the Department of Transportation, shall cause to be affixed to designated vehicles assigned to the Department of Transportation Parking Management Program, the following decals or imprints in colors selected by the Department of Transportation: (a) to vehicles assigned to the Parking Enforcement and Intersection Control Operations, the words PARKING ENFORCEMENT in letters three (3) inches in height on the front doors, below the City seal, and in plain view on the rear trunk or deck lid of each vehicle; (b) to vehicles assigned to Management and Regulations, the words PARKING MANAGEMENT in letters two (2) inches in height below the City seal on the front doors of each vehicle. SEC BUMPER STICKERS: POLICE DEPARTMENT VEHICLES DRUG ABUSE RESISTANCE EDUCATION PROGRAM. (Added by Ord. No. 161,240, Eff. 6/15/86.) Notwithstanding any provisions of this article to the contrary, the Los Angeles Police Department, unless instructed otherwise by Council resolution, may cause to be affixed to the front or rear bumper of City vehicles assigned to the Los Angeles Police Department, a bumper sticker which publicizes the Drug Abuse Resistance Education Program. The bumper sticker shall state: D.A.R.E. TO KEEP KIDS OFF DRUGS SEC BUMPER STICKERS: CITY VEHICLES DRUG ABUSE RESISTANCE EDUCATION PROGRAM. (Added by Ord. No. 161,667, Eff. 10/30/86.) Notwithstanding any provisions of this article to the contrary, the Department of General Services, unless instructed otherwise by Council resolution, may cause to be affixed to the front or rear bumper of City vehicles, other than those of the Los Angeles Police Department and others exempted by Sec , a bumper sticker supplied by the Police Department which publicizes the Drug Abuse Resistance Education Program. The bumper sticker shall state: D.A.R.E TO KEEP KIDS OFF DRUGS SEC CITY VEHICLES REPORT TO BE MADE TO COUNCIL. It shall be the duty of the Purchasing Agent to require all automotive equipment at the time of purchase and at all other times to have painted or imprinted thereon the City ownership markings required by this article, and all lettering shall be painted or imprinted in such colors and form as may be prescribed by him. At the close of each fiscal year the Purchasing Agent shall report to the Council the detail of automotive equipment in each department not conforming to the provisions of this article. SEC REGISTRATION PLATES ASSIGNMENT OF. It shall be the duty of the Purchasing Agent to maintain a detailed record of all automotive equipment owned by this city and requiring state registration. He shall obtain and assign state registration plates to each unit of automotive equipment owned by this city. Whenever the character of the services performed requires the operation of motor vehicles with state registration plates other than exempt, which are used in lieu of such exempt plates, the exempt plates so replaced shall be turned over to the Purchasing Agent, who shall be accountable to the Division of Motor Vehicles of the State of California for such exempt plates. Such license plates as may be used in lieu of exempt plates shall be obtained upon written application to the Division of Motor Vehicles by the head of the department to which the automotive equipment has been assigned. Such application shall be forwarded to the Purchasing Agent who shall transmit same to the Division or Motor Vehicles, together with such additional information as may be required. The Department of Water and Power and the Harbor Department are hereby exempted from the provisions of this section. SEC CHANGE OF OWNERSHIP REMOVAL OF PLATES.

95 (Amended by Ord. No. 160,677, Eff. 2/22/86.) In the event of the discontinuance of ownership by this City of any unit of automobile equipment, it shall be the duty of the Purchasing Agent, prior to the surrender of such automobile equipment, to remove or cause to be removed any registration plates assigned to such unit, and obliterate all identification markings denoting City ownership. Provided, however, that if the equipment is inoperative and is being transferred to another entity solely for art, museum, or cultural display purposes, the City Council, by motion or by resolution, may direct that identification markings denoting City ownership including replicas of the City seal need not be removed therefrom or obliterated. In such instances the state motor vehicle registration plates shall be removed. SEC TRANSFER OF REGISTRATION PLATES. No person shall remove or transfer from any unit of automotive equipment owned by this City the state registration plates assigned to such unit by the Division of Motor Vehicles of the State of California, unless such removal is required by the regulations of the Division of Motor Vehicles. SEC CITY VEHICLES PRIVATE USE PROHIBITED. (a) It shall be unlawful for any person to use or operate any unit of automotive equipment, or any automobile, truck, or other motor vehicle owned by the City of Los Angeles for any purpose other than for official business of the City of Los Angeles. (b) It shall be unlawful for any person to use or operate any unit of automotive equipment, automotive, truck, or other motor vehicle owned by the City of Los Angeles, unless the riding in or upon the same is, necessary for the execution of official business of the City of Los Angeles, and it shall be unlawful for the operator of any of the foregoing equipment to permit, suffer or allow any person to ride in or upon the same unless the riding in or upon the same by such person is necessary for the execution of official business of the City of Los Angeles. (c) The head of each department, respectively, shall cause to be placed in each passenger vehicle and motor truck owned by this City and under the control of his department, a metal sign permanently attached in full view of and clearly legible to the driver and occupants of such vehicle, bearing the following words: NOTICE The use of or the riding in or upon this vehicle for any purpose, other than for or upon official business of the City of Los Angeles, is prohibited by law. (d) (Amended by Ord. No. 147,857, Eff. 12/20/75.) The provisions of this section shall not apply: 1. To motor vehicles assigned to the Mayor, City Attorney, Controller and members of the City Council (Amended by Ord. No. 173,299, Eff. 6/30/00, Oper. 7/1/00.), while such vehicles are being operated within the boundaries of the County of Los Angeles. 2. To van-type motor vehicles used in connection with the Commute-A-Van program. Commute-A-Van program shall refer to that program wherein City employees are transported to work from their residences and returned thereto in van-type motor vehicles, owned by the City of Los Angeles, for which service a monthly fare is paid by each employee except the City employee designated to drive said vehicle. SEC DISPLAY OF OFFICIAL SEAL. Whenever the official seal of the City is to be used for display purposes, or is required by any City regulation as a means of identification, said official seal shall be displayed in its entirety without any deletions or additions thereto. In the absence of the adoption of an official design of the official seal of the City by the Council, the official seal of the City as used by the City Clerk shall be considered as the official design of the City seal. No person shall operate any passenger motor vehicle or motor truck owned by this City if the official seal affixed to such vehicle is obscured from view in any manner. It shall be unlawful for any person to cause to be displayed on any unit of privately owned automotive equipment the official seal of this City or a facsimile of the same whether permanently or temporarily affixed upon such vehicle. SEC CITY SEAL - IMITATING. (Amended by Ord. No. 173,192, Eff. 5/28/00.) No person shall make or use the seal of this City, or any cut, facsimile, or reproduction of said seal or make or use any seal or any design which is an imitation of said seal or of the design thereof, or which may be mistaken for the seal of this City or the design thereof, for any purpose other than for City purposes or for the purposes of any board, officer, or department thereof. Nothing herein shall prevent the City from licensing the manufacture and/or retail sale of items upon which the City seal is placed, upon a finding by the City Council that a public purpose is served by the use of the City seal in such a manner.

96 SEC EMPLOYEES FORBIDDEN TO CASH CHECKS, ETC. (a) No employee of this City who has in his possession any public money or any money paid to or deposited with any board, department or office of this City, shall pay out, deliver or relinquish any such money in exchange for any check or bill of exchange or any draft upon any bank or depositary or person or firm or corporation for the payment of money, nor shall such employee in anywise dispose of or pay out such money except as provided by law. (b) This section shall not apply to any act, conduct or omission mentioned in Sections 424, 425, 484 or 504 of the Penal Code of California or to any act mentioned in Section 17 of Article XI of the Constitution of the State of California. (c) Nothing in this section shall be construed to approve by implication any act not specifically prohibited therein. SEC DISOBEDIENCE OF CHARTER SUBPOENAS. Every person who, being subpoenaed to attend as a witness before the Mayor, Controller, Treasurer, City Council or any committee thereof, or any board provided for in the City Charter, refuses or neglects, without lawful excuse, to attend pursuant to such subpoena, and every person who, being present before the Mayor, Controller, Treasurer, City Council or any committee thereof, or any board provided for in the City Charter, willfully refuses to be sworn or to answer any material and proper question, or to produce upon reasonable notice, any material and proper books, papers, or documents in his possession or under his control, is guilty of a misdemeanor. SEC ELECTION SUPPLIES RETURN OF. No person serving or acting as inspector, judge, clerk or ballot clerk in any precinct at any election held in this City, shall fail, refuse, or neglect to deliver to the City Clerk at the same time the election returns of such precincts are delivered at the office of the City Clerk, all maps, rubber stamps, ink pads, copies of election laws and all other election supplies furnished in, to or for such precinct for such election. SEC STREET ADDRESS NUMBERS AUTHORITY AND DUTY OF CITY ENGINEER. (Amended by Ord. No. 181,702, Eff. 6/13/11.) (a) The City Engineer shall have the authority and duty to establish street address numbers expressed in Arabic numerals or figures and notwithstanding street address numbers located on street curbs, to prescribe their location on buildings, structures and parking lots, and to order the installation, change, substitution and removal of all such numbers to fulfill the provisions of this Article. (b) Every person requesting issuance of a new street number or change of an existing street number that is not associated with a building permit application shall pay the City a fee in the amount of $75 to pay for the work involved in processing the request. The Board of Public Works may adjust this fee and adopt a new fee amount in the same manner as provided in Section I.(1) for establishing a fee to process an appeal from an improvement requirement determination by the City Engineer. SEC STREET ADDRESS NUMBERS RESPONSIBILITY THEREFOR, DESIGNATION, LOCATION, SIZE, MAINTENANCE, CHANGE AND REMOVAL. (Amended by Ord. No. 144,527, Eff. 4/19/73.) (a) Every person exercising or having ownership, possession, custody, control, or charge of any building, structure or parking lot shall have and maintain the established street address number thereon upon or near each entrance from a street of the City, and from any other public access way, in the manner and location designated by the City Engineer. Access way, shall include, but not be limited to, any alley, waterway, stairway, driveway or walkway. (Amended by Ord. No. 161,786, Eff. 1/9/87.) (b) Installation, change, substitution or removal of any existing or subsequently-designated street address number shall be completed within five (5) days after receipt by the owner, occupant, lessee, tenant, subtenant, fiduciary, or custodian of such building, structure or parking lot, or any person or agent in charge thereof, of a written notice containing appropriate instructions therefor, from the City Engineer. (c) The minimum dimensions of any street address number designated by the City Engineer on or after June 1, 1973, shall be as follows: i. The height in inches of any number or figure therein shall be the sum of one-tenth (1/10) of the distance in feet of the number from the boundary of the property (upon which the building, structure or parking lot is situated) abutting the street, plus two (2), providing that every number shall not be less than four inches in height. ii. iii. The overall width of any figure in or comprising the number shall be one-half (1/2) of its height. The width of any portion of a figure in or comprising the number shall be one-tenth (1/10) of its height.

97 (d) Design (including shape and style) as well as location of the street address numbers shall be such that they are legible and easily readable. The City Engineer may prescribe a street address number larger in size than the dimensions stated at Subparagraph (c) hereinabove when he determines that due to lighting conditions, building locations, shadows, background, or other reasons, street address numbers of minimum dimensions will not be easily readable from the street or approach to the entrance. A street address number of unusual design or placement may not be employed without prior written approval of the City Engineer. (e) The City Engineer shall adopt such reasonable rules and regulations as are necessary to implement the street address numbers provisions of this article. SEC BASE LINES. The following shall be the respective starting points or dividing lines for numbers on buildings fronting on streets heretofore laid out or hereafter to be laid out or extended, viz.: from east to west, First Street; from north to south, Main Street from the south boundary of the City to a point on the west bank of the Los Angeles River, and the Los Angeles river; thence to the north boundary of the City, numbers shall begin at the above named starting point or dividing lines and continue to the terminal of the respective streets; provided that on all streets lying east of the Los Angeles River and extending north or northerly from First Street, the numbers shall continue to the northerly terminus of the street, or to Macy Street or Mission Road; and provided that on all streets extending south or southerly from Downey Avenue, the numbers shall begin at Downey Avenue as the dividing line and continue south to the terminus of the street or to Macy Street or Mission Road; and provided, further, that on all streets extending north or northerly from Downey Avenue, the numbers shall begin at Downey Avenue and continue to the northerly terminus of the street. SEC STREET ADDRESS NUMBERS ODD AND EVEN NUMBERS. (Amended by Ord. No. 144,527, Eff. 4/19/73.) The street address numbers on the northerly and westerly sides of the streets shall be odd numbers, the street address numbers on the southerly and easterly sides of the streets shall be even numbers. SEC BLOCK NUMBERS AND SPACING. One hundred numbers or as many thereof as may be necessary, shall be allowed to each block. No. 100 shall be the first number used at the respective beginning point on the sides of the streets which are to contain the even numbers, and No. 101 for the sides which are to contain the odd numbers. At the beginning of the second block from the starting point, the first numbers shall be 200 and 201, respectively and so continue throughout the system. Twenty feet frontage shall be allowed for each number, to be calculated from the end of the block at which the number begins. On all streets the numbering shall be done as if the streets extended to the dividing lines for the City, as defined in Section of this article. SEC COMMUNICATIONS SYSTEMS POSSESSION OF KEYS FOR. No person shall have in his possession or under his control any key belonging to or fitted to open the lock of any city communications box subject to the jurisdiction of the Department of General Services, or to make or fit any such key without the permission of the Board of Fire Commissioners, the Chief Engineer of the Fire Department, the Board of Police Commissioners, the Chief of Police or the Department of General Services. (Amended by Ord. No. 152,426, Eff. 6/29/79, Oper. 7/1/79.) SEC COMMUNICATIONS SYSTEM OBSTRUCTION. No person shall put, place or permit to remain any article or thing whatever in such a manner as to obstruct, hinder or interfere with the free access or approach to any city communications box, subject to the jurisdiction of the Department of General Services. (Amended by Ord. No. 152,426, Eff. 6/29/79, Oper. 7/1/79.) SEC COMMUNICATIONS SYSTEMS STRINGING WIRES NEAR. (a) No person shall run, erect or maintain any wire which crosses any wire of the city s communications systems subject to the jurisdiction of the Department of General Services, within a distance of eighteen (18) inches. (Amended by Ord. No. 152,426, Eff. 6/29/79, Oper. 7/1/79.) The Department of General Services may decrease the above distance by giving written consent where the wires so crossing each other are attached to the same pole at the place of crossing. (Amended by Ord. No. 152,426, Eff. 6/29/79, Oper. 7/1/79.) (b) No person shall run, erect or maintain any wire parallel or approximately parallel with any wire of the city s communications system subject to the jurisdiction of the Department of General Services, within a distance of ten (10) inches. (Amended by Ord. No. 152,426, Eff. 6/29/79, Oper. 7/1/79.)

98 SEC COMMUNICATIONS SYSTEMS AUTOMATIC CALLING DEVICES. (Added by Ord. No. 139,441, Eff. 12/7/69.) No person except a public utility engaged in the business of providing communications services and facilities shall use or operate, attempt to use or operate, or cause to be used or operated, or arrange, adjust, program or otherwise provide or install any device or combination of devices that will upon activation, either mechanically, electronically or by other automatic means, initiate an intrastate call and deliver a recorded message to any telephone number assigned to any subscriber by a public telephone company, without the prior written consent of such subscriber. The term telephone number includes any additional numbers assigned by a public utility company engaged in the business of providing communications services and facilities to be used by means of a rotary or other system to connect with the subscriber to such primary number when the primary telephone number is in use. SEC COMMUNICATIONS SYSTEMS TREE OBSTRUCTION. (Amended by Ord. No. 131,900, Eff. 4/9/66.) No person owning, controlling or occupying any land along or near the lines of a city communications system subject to the jurisdiction of the Department of Public Utilities and Transportation shall allow any branch, limb or other portion of any tree, shrub or vine growing on the land to be or remain within a distance of two (2) feet from any wire of the system. The Department of Public Utilities and Transportation is hereby authorized and empowered to remove, cut or trim any tree, shrub, branch, limb or other portion of any tree or shrub in any street, when in their opinion the same is necessary or convenient to permit the erection, construction, operation and maintenance of the city s communication systems subject to the jurisdiction of the Department. SEC FALSE ALARMS REWARD. The City will pay a reward of Twenty-five Dollars ($25.00) to the person furnishing information which leads to the arrest and conviction of any person making any false fire alarm, by any means, upon such conviction of any such person who shall make any such false alarm. SEC HITCHING ANIMALS TO SIGNAL SYSTEMS. No person shall hitch or fasten any horse, mule or other animal to any lamp post, street sign or to any fire alarm and police signal box, post, standard or pole, or to any fixture or apparatus used about or in connection therewith, or to fasten or hitch such animal in such a manner as to permit such animal to deface, injure or destroy the same. SEC EXCAVATION OF NATURAL DEPOSITS PERMIT. No person shall excavate or remove earth, sand, rock, stone or gravel from any natural deposit of such material in the bed of the Los Angeles River or the Arroyo Seco within this City without first obtaining from the Board a written permit so to do and filing the following application and deposit: (a) Applications for permits shall be in writing and shall specify: (1) The name and residence or business address of the person making such application; (2) The title to or right in the property from which earth, sand, rock, stone, or gravel is to be excavated and removed. (b) Every such application shall be accompanied by a map showing: (1) The location of the property; (2) The dimensions of the excavation proposed to be made; (3) The depth to which it is proposed to carry such excavation; (4) The ownership of the property contiguous thereto; (5) Such other details as the Board may require. (c) (Amended by Ord. No. 137,137 Eff. 9/29/68.) A deposit of $11.00 to defray the expense of supervision and inspection shall accompany said application.

99 SEC BOARD TO ADOPT RULES FOR EXCAVATING SAND, ETC. The Board shall adopt such regulations for the location, size and depth of such excavation and for the work of excavating and removing earth, sand, rock, stone or gravel from any such natural deposit thereof as may be necessary for the public welfare and safety; and the work of excavating and removing said earth, sand, rock, stone or gravel, and supporting the banks of any contiguous public or private property shall be performed according to plans approved by the City Engineer and to the satisfaction of the Board, and under the supervision of an inspector appointed by the Board for that purpose. SEC BOARD TO ISSUE PERMITS. Upon receiving a written application and map, as provided in Section 63.14, the Board shall issue a written permit to excavate and remove earth, sand, rock, stone or gravel in the manner provided in this article and in accordance with the regulations of the Board. SEC DEPTH OF EXCAVATIONS. (a) The edge of any excavation made under this article shall not he nearer than two times the proposed depth of the excavation to the line of any public or private property other than that owned or controlled by the person making such excavation. The excavation may be carried to within ten feet of any such public or private property, provided the banks be supported in a manner satisfactory to the Board and that a substantial fence be erected along the top of the bank, when deemed necessary by the Board. (b) In no case shall the depth of any excavation made under this article exceed the depth of the foundation of any pier, abutment, wall or support of any bridge or trestle across a water course upon which such excavation is made, with in Two Hundred (200) feet upstream or Five Hundred (500) feet downstream from such excavation. Whenever, in the opinion of the Board, it shall be dangerous to the public welfare and safety to permit any such excavation to approach within five hundred (500) feet of the foundation of any pier, abutment, wall or support of any such bridge or trestle the Board may increase the distance within which such excavation may approach such pier, abutment, wall or support to such distance as it may deem necessary. (c) In portions of the Arroyo Seco or the Los Angeles River where one or both banks is or are protected by walls, no excavation opposite along any wall, shall be made to a depth lower than three feet above the level of the bottom of the foundation of that portion of any wall opposite such excavation. SEC EXCAVATIONS TUJUNGA WASH. (a) Definition. Tujunga Wash shall mean that area within the following described bounds: Beginning at the intersection of the center line of Glenoaks Boulevard 100 feet in width, with the center line of Branford Street, 40 feet in width; thence southeasterly along said center line of Glenoaks Boulevard to the center line of Truesdale Street, 40 feet in width; thence southwesterly along said center line of Truesdale Street and its southwesterly prolongation to the center line of the Southern Pacific Railroad Company s Right of Way (Inland Branch), 100 feet in width; thence southwesterly in a direct line to the intersection of the center line of Sharp Avenue, 60 feet in width, with the center line of Sheldon Street, 60 feet in width; thence southerly in a direct line to a point in the center line of Strathern Street, 50 feet in width, distant thereon 400 feet easterly from the center line of Whitsett Avenue, 50 feet in width; thence southeasterly in a direct line to the intersection of the southerly line of Vanowen Street, 65 feet in width, with the center line of St. Clair Avenue, 60 feet in width; thence southeasterly in a direct line to the intersection of the center line of Victory Boulevard, 50 feet in width, with the center line of Laurel Canyon Boulevard, 50 feet in width; thence southeasterly in a direct line to intersection of the center line of Camellia Avenue, 60 feet in width, with the northerly line of Chandler Boulevard (Northerly Roadway), 50 feet in width; thence southeasterly in a direct line to the intersection of the center line of Bakman Avenue, 60 feet in width, with the center line of Camarillo Street, 80 feet in width; thence southeasterly in a direct line to the intersection of the center line of Bellflower Avenue, 50 feet in width, with the center line of Riverside Drive, 100 feet in width; thence southerly along said center line of Bellflower Avenue to its intersection with the center line of Moorpark Street, 50 feet in width; thence southeasterly in a direct line to the intersection of easterly prolongation of the northerly line of Chiquita Street extending westerly from Lankershim Boulevard, with the center line of Lankershim Boulevard, 100 feet in width; thence southeasterly and southerly along said center line of Lankershim Boulevard to its intersection with the center line of Bluffside Drive, 60 feet in width; thence northwesterly in a direct line to the intersection of the center line of Vineland Avenue, 50 feet in width, with the center line of Aqua Vista Street, 40 feet in width; thence northwesterly in a direct line to the intersection of the center line of Woodbridge Street, 60 feet in width, with the center line of Bakman Avenue, 60 feet in width; thence northerly in a direct line to intersection of the center line of said Bakman Avenue with the center line of Sarah Street, 60 feet in width; thence northwesterly in a direct line to the intersection of the center line of Riverside Drive, 100 feet in width, with the center line of Farmdale Avenue, 60 feet in width; thence northwesterly in a direct line to the intersection of the center line of Irvine Avenue, 60 feet in width, with the center line of Chandler Boulevard (South Roadway), 50 feet in width, extending westerly from Irvine Avenue; thence northwesterly in a direct line to a point in the center line of Emelita Street, 60 feet in width, distant thereon 600 feet easterly from the center line of Laurel Canyon Boulevard, 100 feet in width; thence northwesterly in a direct line to the intersection of the northerly line of Victory Boulevard, 75 feet in width, with the center line of Rhodes Avenue, 60 feet in width; thence northwesterly in a direct line to the intersection of the center line of Vanowen Street, 50 feet in width, with the center line of Whitsett Avenue, 50 feet in width; thence northwesterly in a direct line to a point in the center line of Raymer Street, 40 feet in width, distant thereon 500 feet northwesterly from the center line of Whitsett Avenue, 50 feet in width; thence northwesterly along said center line of Raymer Street to a point distant thereon 500 feet southeasterly from the center line of Fulton Avenue,

100 50 feet in width; thence southerly in a direct line to a point in the center line of Vanowen Street, 50 feet in width, distant thereon 600 feet westerly from the center line of Ethel Avenue, 50 feet in width; thence southeasterly in a direct line to a point in the center line of Oxnard Street, 50 feet in width, distant thereon 600 feet easterly from the center line of Coldwater Canyon Avenue, 50 feet in width; thence southerly in a direct line to a point in the center line of Burbank Boulevard, 50 feet in width, distant thereon 500 feet easterly from the center line of Coldwater Canyon Avenue, 50 feet in width; thence southerly in a direct line to the intersection of the center line of Magnolia Boulevard, 50 feet in width, with the northerly prolongation of the westerly line of Goodland Avenue, 30 feet in width; thence southeasterly in a direct line to the intersection of the center line of Bellaire Avenue, 60 feet in width, extending northerly of Addison Street with the northerly line of Addison Street produced; thence southeasterly in a direct line to the intersection of the center line of Morella Avenue, 60 feet in width, with the northerly line of Moorpark Street produced; thence southeasterly in a direct line to the intersection of the center line of Woodbridge Street, 60 feet in width, with the center line of Colfax Avenue, 80 feet in width; thence southerly along said center line of Colfax Avenue to its intersection with the center line of first alley northeasterly of Ventura Boulevard; thence northwesterly along the center line of said alley to its intersection with the center line of Radford Avenue, 85 feet in width; thence northerly along the said center line of Radford Avenue to its intersection with the center line of Valley Heart Drive (South Roadway), 50 feet in width; thence northwesterly in a direct line to the intersection of the center line of Whitsett Avenue, 80 feet wide, with the easterly prolongation of the southerly line of Kling Street, 50 feet in width, extending westerly from Whitsett Avenue; thence northwesterly in a direct line to the intersection of the center line of Riverside Drive, 50 feet in width, with the southerly prolongation of the easterly line of Bellaire Avenue, 20 feet in width, extending northerly from Riverside Drive; thence northwesterly in a direct line to the intersection of the center line of Coldwater Canyon Avenue, 50 feet in width, with the center line of Addison Street, 40 feet in width; thence northwesterly in a direct line to a point in the center line of Magnolia Boulevard, 50 feet in width, distant thereon 300 feet westerly from the center line of Coldwater Canyon Avenue, 50 feet in width; thence northerly in a direct line to a point in the center line of Burbank Boulevard, 50 feet in width, distant thereon 500 feet westerly from the center line of Coldwater Canyon Avenue, 50 feet in width; thence northerly in a direct line to a point in the center line of Oxnard Street, 50 feet in width, distant thereon 400 feet westerly from the center line of Coldwater Canyon Avenue, 50 feet in width; thence northwesterly in a direct line to the intersection of the center line of Atoll Avenue, 60 feet in width, with a line parallel with and 50 feet northerly, measured at right angles, from the southerly line of Victory Boulevard, 75 feet in width; thence northwesterly in a direct line to the intersection of the easterly line of Sunnyslope Avenue, 30 feet in width, with the northerly line of Hart Street, 30 feet in width; thence northerly in a direct line to the intersection of the center line of Woodman Avenue, 50 feet in width, with the center line of Raymer Street, 40 feet in width; thence northeasterly in a direct line to the intersection of the southeasterly line of Truesdale Street, 80 feet in width, with the southerly line of Roscoe Boulevard, 50 feet in width; thence northeasterly in a direct line to the intersection of the center line of Canterbury Avenue, 60 feet in width, with the center line of Reedley Street, 60 feet in width; thence northeasterly in a direct line to the intersection of the center line of Laurel Canyon Boulevard, 60 feet in width, with the center line of Branford Street 60 feet in width; thence northeasterly along said center line of Branford Street to the point of beginning. (b) Permit Required. No person shall excavate or remove any sand, rock, stone or gravel from the Tujunga Wash without first obtaining from the Board of Public Works a permit so to do. (c) Application and Deposit. Application for any such permit and accompanying deposit shall be made as provided in Section of this Code. (d) Rules and Regulations. The Board shall adopt rules and regulations governing excavations hereunder, and all provisions of Section of the Code, not in conflict with this section, shall be applicable to the excavations made under this section. (e) Authority of Board to Refuse Permit. The Board shall deny any application unless it appears to the City Engineer and the Board that the proposed excavation can and will be made without creating a condition hazardous to life or to public or private property. SEC TRESPASSING FORBIDDEN UPON CERTAIN PUBLIC PLANTS, YARDS, ETC. (a) Official Permission Required. It shall be a misdemeanor for any person to go upon any premises operated by the Board of Public Works of this city as a street maintenance yard, sewer maintenance yard, incinerator plant, dump, sewage treatment plant, sewage pumping plant, refuse collection transfer yard, equipment yard or storage yard, without the express permission of the Board of Public Works, or its duly authorized representative. No person shall he deemed to have such permission unless he has evidence thereof upon his person or unless he has the express oral consent of the officer or employee present at, and in immediate charge or care of, the premises. The foregoing restriction shall not apply to any premises not posted as hereinafter provided, nor shall it apply to law enforcement officers, or to officers or employees of this City or of any governmental agency acting in the course of their public duties. (b) Signs to be Posted. The Board of Public Works shall cause appropriate signs to be posted, at intervals of not more than 200 feet, about the boundary of any such premises, giving notice of the effect of this section. (c) Enforcement. Any policeman or any authorized employee of the Department of Public Works, may use reasonable force to remove or expel from such premises any person who violates this section and who upon being directed to leave refuses to do so. This is in addition to other remedies provided by law. (d) Access for Lawful Purposes. Subject to fair and reasonable conditions, necessary access to any posted premises shall be granted by the Board upon written request to any person having lawful business there to perform; and to anyone who has, and asserts in good faith, the right to inspect any such place for purposes incident to any proposed or pending action at law or in equity; and to other persons at the reasonable discretion of the Board, to be exercised in the public interest. (e) Premises Not Requiring Protection. Whenever the Board shall find, as to any particular premises mentioned in this section, that there is no

101 appreciable hazard of loss or damage to public property at such place, or other public purpose to be subserved by posting the same, it need not be posted, and, if not posted, the prohibitory provisions of this section shall not there apply. SEC POLICE DEPARTMENT PROPERTY TRESPASS ON. (Added by Ord. No. 175,551, Eff. 11/18/03.) (a) No person shall enter the grounds of any property or building used, operated or occupied by the Los Angeles Police Department or remain on those grounds or property or in the building in violation of posted rules regarding use, access and presence on any Los Angeles Police Department property. This conduct shall constitute a trespass upon Los Angeles Police Department property. (b) The Los Angeles Board of Police Commissioners shall promulgate rules and cause appropriate signs to be posted giving notice of these rules. SEC FIRE DEPARTMENT PROPERTY TRESPASS ON. (Added by Ord. No. 175,551, Eff. 11/18/03.) (a) No person shall enter the grounds of any property or building used, operated or occupied by the Los Angeles Fire Department or remain on those grounds or property or in the building in violation of posted rules regarding use, access and presence on any Los Angeles Fire Department property. This conduct shall constitute a trespass upon Los Angeles Fire Department property. (b) The Los Angeles Board of Fire Commissioners shall promulgate rules and cause appropriate signs to be posted giving notice of these rules. ARTICLE 4 SEWERS, WATER COURSES AND DRAINS Section Definitions and Abbreviations Water Supply Contamination of Water Supply Sanitary Standards Water Courses Sewers Undedicated Streets House Connection Sewer Sewage Facilities Charge for New Tracts Basis for Sewerage Facilities Charge Disposition of Sewerage Facilities Charge Temporary Waiver of Sewer Facilities Charge Due to 1994 Northridge Earthquake House Sewer Connection Permit Permit Exemptions Duration and Revocation of Permits Permit and Inspection Fees Liability Insurance and Deposit Requirements Exemptions from Liability Insurance and Deposit Requirements Sewerage Facilities Charge for Sewer Connection Transfer of Industrial Flow Sewerage Facilities Charge Credits Within or Between Revitalization, Enterprise or Empowerment Zones Sewer Connection Regulations Bonded Sewers Fees Refund of Sewer Fees Sewerage Facilities Fund Sewer Construction and Maintenance Fund Sewer Operation and Maintenance Fund Sewer Capital Fund Tapping Sewers, Storm Drains and Catch Basins Emergency Work Board to Keep Accounts Permit Fee Exemptions Drains, Sewers, Etc. Notice of Abandonment Investigation on Private Property Mandatory Abandonment of Private Sewage Disposal Systems Industrial Wastewater Disposal Industrial Wastes Treated by County Sanitation Districts of Los Angeles County (CSDLA) Septage Disposal Control.

102 64.32 Privies Prohibited Testing and Analysis of Materials, Products, Services, Processes and Technologies. SEC DEFINITIONS AND ABBREVIATIONS. (Amended In Entirety by Ord. No. 173,980, Eff. 7/1/01.) A. Definitions. For the purpose of this article, the following words and phrases are defined and shall be construed as hereinafter set out, unless it shall be apparent from the context that they have a different meaning: 1. Act shall mean the Federal Water Pollution Control Act of 1972, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq. 2. Approval Authority shall mean the California State Water Resources Control Board upon an approval of the State Pretreatment Program, or the Administrator of the Environmental Protection Agency without an Approved State Pretreatment Program. 3. Authorized Representative shall mean the following: (a) a president, secretary, treasurer, or vice-president in charge of a principal business function, or any other person who performs similar policy or decision-making functions, if the discharger is a corporation; (b) the manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if the discharger is a corporation, and authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; (c) a general partner or proprietor if the discharger is a partnership or proprietorship, respectively; (d) a principal executive officer or director having responsibility for the overall operation of the discharging facility or a ranking elected official if the discharger is a governmental entity, charitable organization or other such unincorporated entity; or (e) a representative authorized in writing by any individual designated above, if the authorization is submitted to the Director and specifies an individual or a position having responsibility for the overall operation of the facility. This includes the position of plant manager, a position of equivalent responsibility, or an individual having overall responsibility for environmental matters for the company. If an authorization under Paragraph (e) is no longer accurate because a different individual or position has the responsibility for the overall operation of the facility, or overall responsibility for environmental matters of the company, a new authorization satisfying the requirements of Paragraph (e) of this section must be submitted to the Director prior to, or together with, any reports to be signed by such person. 4. Average Daily Flow shall mean the number of gallons of wastewater discharged into the POTW, storm drain system or Waters of the State during a 24-hour period. 5. Best Management Practices (BMP) shall mean activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce pollutants in discharges. 6. Biochemical Oxygen Demand (BOD) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter in five (5) days at 20 degrees celsius expressed in terms of milligrams per liter (mg/l) and analyzed in accordance with the most recent publication of Standard Methods for the Examination of Water and Wastewater prepared and published by the American Public Health Association, American Water Works Association and Water Environment Federation. 7. Board shall mean the Board of Public Works of the City of Los Angeles or its duly authorized representative. 8. Bonded Sewer shall mean any public sewer within the territorial limits of the City of Los Angeles as they now exist for which the cost of construction thereof was not directly assessed against the property in accordance with benefits, or paid for by the present or prior owners of the connecting property. 9. Bonded Sewer House Connection Sewer shall mean any house connection sewer or portion thereof from a lot, or part of a lot, to a bonded sewer located directly in front, rear, or at the side of such lot, or part of such lot. 10. Categorical Standards shall mean National Categorical Pretreatment Standards or Pretreatment Standards as promulgated by the Federal Environmental Protection Agency. 11. City shall mean the City of Los Angeles or its duly authorized representatives. 12. Commercial Establishment shall mean a private establishment such as a restaurant, hotel, laundry, store, filling station, or recreational facility. A nonprofit private or government entity such as a church, school, hospital, military facility, correctional institution, recreational facility or a facility owned or operated by a charitable organization is considered a commercial establishment.

103 13. Commingled Load shall mean a load of septage which includes septage generated both within and outside the City s boundaries. 14. Composite Sample shall mean a sample formed by mixing discrete samples taken at periodic points in time or a continuous proportion of the flow. The number of discrete samples which make up the composite sample depends upon the variability of pollutant concentration and flow. 15. Construction shall be deemed to include the acquisition of any and all rights of way or real property necessary for the performance and completion of the work referred to wherever authority is given to the City for any construction under the provisions of this article. 16. Contract Agency shall mean a governmental agency or private entity which has contracted with the City to discharge into the City s Publicly Owned Treatment Works. 17. Cooling Water shall mean the water discharged from any use including, but not limited to, air conditioning, cooling or refrigeration, during which the only pollutant added is heat. 18. Direct Discharge shall mean the discharge of wastewater to the storm drain system or Waters of the State. 19. Director shall mean the Director of the Bureau of Sanitation of the Department of Public Works of the City of Los Angeles or the duly authorized representative thereof. 20. Discharge shall mean the introduction of water, wastewater or any pollutant into the POTW, the storm drain system, or Waters of the State. 21. Discharger shall mean any person who causes or contributes a discharge into the POTW, the storm drain system, or the Waters of the State. 22. Domestic Septage shall mean the liquid or solid material removed from a private sewage disposal system (PSDS), portable toilet or other holding device that receives only domestic sewage. 23. Domestic Wastewater (Domestic Sewage) shall mean sanitary wastewater and wastewater generated from household type operations. 24. Environmental Protection Agency (EPA) shall mean the Federal Environmental Protection Agency, its Administrator, or its duly authorized representative. 25. Etiologic Agent shall mean a type of microorganism, helminth or virus which may be expected to produce disease in healthy persons. 26. Fomites shall mean inanimate objects contaminated with etiologic agents which may serve to transmit those etiologic agents to humans. 27. Food Service Establishment shall mean a facility engaged in preparing food for consumption by the public such as a restaurant, commercial kitchen, caterer, hotel, school, hospital, prison, correctional facility, or care institution. 28. Grab Sample shall mean a sample which is taken from a wastewater discharge on a onetime basis without regard to the volume of flow in the discharge. 29. Grease Interceptor shall mean an interceptor of at least 750 gallons (2839 L) capacity to serve one (1) or more fixtures and which shall be remotely located. 30. Grease Trap shall mean a device designed to retain grease from one (1) to a maximum of four fixtures. 31. Gross Floor Area shall mean the area included within the exterior of the surrounding walls of a building or portions thereof, exclusive of courts. 32. House Connection Sewer shall mean any sewer pipe line, or portion thereof, constructed in a street, alley, walk or other public place or in a sewer easement granted to the City and connecting, or proposed to connect, any lot or part of a lot with any public sewer. 33. Indirect Discharge shall mean the discharge of wastewater into the POTW. 34. Industrial Wastewater Sewer Connection shall mean any house connection sewer, or portion thereof, used in the disposal of any and all liquid or waterborne waste from industrial or commercial processes except domestic sewage. 35. Industrial Wastewater Storm Drain Connection shall mean any storm drain connection carrying or intended to carry industrial waste from any industrial, manufacturing, processing, or servicing establishment. 36. Industrial Wastewater shall mean any water bearing waste other than domestic wastewater. Wastewater generated from household type operations performed at commercial establishments for or to support commercial purposes is industrial wastewater.

104 37. Industrial Wastewater Permit shall mean a permit issued by the Board as provided in and subject to provisions of Subdivision 1 of Subsection C and payment of fee requirements of Subsection D of Section Infectious Waste shall mean any waste material or article which harbors or may reasonably be considered to harbor viable etiologic agents and shall include the following: (a) Significant laboratory wastes including, but not limited to, cultures of etiologic agents. (b) Pathologic specimens including, but not limited to, human or animal tissues, blood elements, excreta and secretions which contain etiologic agents and also include attendant disposable formites. (c) Human dialysis waste materials including arterial lines and dialysate membranes. (d) Surgical specimens including, but not limited to, human or animal parts and tissues removed surgically or at autopsy which contain etiologic agents and attendant disposable fomites. (e) Equipments, instruments, utensils and other materials of a disposable nature which may transmit etiologic agents from the rooms of humans or the enclosures of animals which have been isolated with suspected or diagnosed communicable disease. (f) Any other materials defined by a duly authorized public health officer as potentially infectious and required to be managed as an infectious waste. 39. Interceptor Sewer shall mean a collecting sewer that intercepts and collects the sewage from a number of lateral or local public sewers. 40. Interference shall mean the inhibition or disruption of the POTW process or operations or any actions or omission which alone or in conjunction with a discharge or discharges from other sources is a cause of violation of any requirement of the City s NPDES Permits (including an increase in the magnitude or duration of a violation). The term interference also includes prevention of biosolids use or disposal by the POTW in accordance with Section 405 of the Act or any violation of criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substance Control Act, the Marine Protection Research and Sanctuaries Act or violation of more stringent State criteria (including those contained in any State sludge management plan prepared pursuant to Title II of SWDA) applicable to the method of disposal or use employed by the POTW. 41. Local Industrial User (LIU) shall mean a discharger of industrial wastewater which (a) is not subject to Categorical Pretreatment Standards under 40 CFR and 40 CFR Chapter I, Subchapter N, (b) discharges an average of less than 25,000 gallons per day of process wastewater to the POTW; and (c) as determined by the Director, does not have a reasonable potential for adversely affecting the POTW s operation or for violating any pretreatment standard or requirements in accordance with 40 CFR 403.8(f)(6). 42. Lot shall mean any piece or parcel of land, as bounded, defined or shown upon the latest map, plat or deed recorded in the office of the County Recorder of Los Angeles County provided however that in the event any building or improvements appurtenant to said building covers more area than a lot, as herein defined, the term lot shall be deemed to be and include all such pieces or parcels of land upon which said buildings or improvements are wholly or partly located. 43. National Categorical Pretreatment Standard (National Standard) shall mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act. 44. National Pollutant Discharge Elimination System Permit (NPDES Permit) shall mean a permit issued pursuant to Section 402 of the Act. 45. Non-Domestic Septage shall mean the liquid or solid material removed from a private sewage disposal system (PSDS) or other sanitation holding device that receives industrial wastewater or a combination of domestic and industrial wastewater. 46. Pass Through shall mean a discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is the cause of a violation of any requirement of the POTW s NPDES Permit (including an increase in the magnitude and duration of a violation). 47. Peak Flow shall mean the maximum five minute rate of wastewater flow to be generated from the premises as estimated by the City Engineer. 48. Person shall mean any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context. 49. ph shall mean the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in gram equivalents per liter of

105 solution. 50. Pigment shall mean a substance that imparts black or white or a color to other materials. 51. Point of Discharge shall mean any physical location at which a discharger, directly or indirectly, disposes wastewater. The term point of discharge also includes, but is not limited to, disposal to ponds, injection wells, leach fields, or surface spreading. 52. Pollutant shall mean any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, pigment, wrecked or discharged equipment, rock, sand, cellar dirt or other waste. 53. Portable Toilet shall mean any portable or permanently installed sanitation apparatus or system which includes a tank for toilet waste retention. Portable Toilet includes sanitation holding devices from airplanes, trains, boats with type III marine sanitation devices, buses, movie dressing room trailers, recreational vehicles, or other similar transport vehicles. 54. Pretreatment shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less polluted state prior to or in lieu of discharging such pollutants into the POTW, storm drain system or the Waters of the State. Pretreatment can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 Code of Federal Regulation (CFR) at Section 403.6(d). 55. Pretreatment Requirements shall mean any substantive or procedural requirement related to pretreatment, other than a National Categorical Pretreatment Standard. 56. Private Septage Disposal Facility (PSDF) shall mean a disposal site, other than a City designated discharge location, with a direct connection to the City sewer, which accommodates the discharge of hauled septage. 57. Private Sewage Disposal System (PSDS) shall mean any septic tank, cesspool, seepage pit, leach field, or any other receptacle, or any combination thereof, which receives any wastewater not discharged into a public sewer. 58. Public Sewer shall mean any sewer, other than a house connection sewer, which has been constructed in a public street, alley, walk, or other public place, or in a sewer easement, and is a part of the POTW. 59. Publicly Owned Treatment Works (POTW) (Sanitary Sewer System) shall mean treatment works defined by Section 212 of the Act, which are wholly or partially owned by the City. This includes any public sewers, treatment plants, land, appurtenances, pumping stations, or equipment. For the purpose of this ordinance, POTW shall also include any sewers within the City of Los Angeles that convey wastewater to the POTW from persons outside the City who are, by contract or agreement with the City, dischargers to the City s POTW. 60. Rules and Regulations shall mean Rules and Regulations adopted by the Board Governing the Disposal of Industrial Wastewater into the Publicly Owned Treatment Works of the City of Los Angeles. 61. Sanitary Wastewater shall mean wastewater of human origin derived from toilets, urinals, showers, baths and restroom sinks. 62. Septage shall mean the liquid or solid material removed from a private sewage disposal system (PSDS), portable toilet or other sanitation holding device that receives wastewater. 63. Septage Hauler shall mean a person or an owner/operator of a business that holds Septage Disposal Permit(s) issued by the Director to discharge septage to the City s POTW. 64. Sewage Generation Factor shall mean as a number which, when multiplied by a parameter which indicates the level of activity in an occupancy such as floor area or number of seats, produces an estimate of the average sewage discharge from the occupancy. 65. Shall is mandatory. May is permissive. 66. Sharps shall mean hypodermic needles, hypodermic syringes, blades and broken glass. Sharps also include any devices, instruments or other objects which have acute rigid corners, edges or protuberances. 67. Significant Industrial User (SIU), subject to the provisions established in 40 CFR 403.3(t), shall mean the following: (a) any discharger of wastewater who is subject to National Categorical Pretreatment Standards; (b) any other industrial user that discharges an average of 25,000 gallons or more per day of process wastewater ( process wastewater excludes sanitary, non contact cooling water and boiler blowdown wastewaters) or contributes process wastewater which makes up five percent (5%) or more of the average dry weather hydraulic or organic (BOD, TSS, etc.) capacity of the treatment plant; (c) any industrial user that is designated by the Director to have a reasonable potential to adversely affect the POTW s operation or for

106 violating any pretreatment standard or requirement. 68. Special Drainage Connection shall mean any house connection sewer or storm drain connection from any swimming pool, wading pool, fountain, pond, tank, vat or receptacle which receives or disposes of rain water or surface water. 69. Special House Connection Sewer shall mean any house connection sewer from a lot, or part of a lot, which does not have a public sewer directly in front, rear, or at the side of such lot or part of such lot, and which has not been directly assessed for a public sewer. 70. Split Sampling shall mean dividing of wastewater samples for analysis at two (or more) analytical laboratories for comparison of results. 71. Standard Industrial Classification (SIC) shall mean classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, or subsequent revisions. 72. State shall mean the State of California. 73. Storm Drain Connection shall mean any pipeline, or portion thereof, constructed in a street, alley, walk, or other public place, or in an easement granted to the City, and connecting or proposed to connect any lot or part of a lot with any storm drain. 74. Storm Drain System shall mean all of the property involved in the operation of the storm drainage collection and disposal system of the City of Los Angeles, including conduits, natural or artificial drains, channels and watercourses, together with appurtenances, pumping stations and equipment. 75. Suspended Solids (SS) shall mean the total nonfilterable residue in water, wastewater or other liquids, which is removable in accordance with the most recent publication of Standard Methods for the Examination of Water and Wastewater, prepared and published by the American Public Health Association, American Water Works Association, and the Water Pollution Control Federation. 76. Temporary Permit shall mean an interim status permit issued to a discharger until a final decision is made by the Director to issue an Industrial Wastewater Permit. 77. Toxic Pollutant shall mean any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of EPA under the provisions of Section 307 of the Act, or other Federal or State statutes, rules or regulations. 78. Type III Marine Sanitation Device shall mean a device that is designed to prevent the overboard discharge of treated or untreated domestic sewage. 79. Wastewater shall mean the liquid and waterborne industrial or domestic wastes from facilities including, but not limited to, dwellings, commercial buildings, industrial facilities, agricultural activities, hospitals, medical facilities and other institutions, together with other wastes which may be present, whether treated or untreated, which enter the POTW, the storm drain system, of the Waters of the State. 80. Waters of the State shall mean all saline waters, streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State of California or any portion thereof. B. Abbreviations. The acronyms or sets of letters set forth in this subsection, when used in this chapter, shall stand for and be understood and may be accepted or used as abbreviations for those terms or phrases set forth opposite each: BOD - Biochemical Oxygen Demand BMP - Best Management Practice CFR - Code of Federal Regulations COD - Chemical Oxygen Demand FOG - Fats, Oil and Grease FSE - Food Service Establishment EPA - Environmental Protection Agency mg - Milligrams mg/l - Milligrams per liter O&M - Operation and Maintenance NCPS - National Categorical Pretreatment Standards NPDES - National Pollutant Discharge Elimination System POTW - Publicly Owned Treatment Works PSDF - Private Septage Disposal Facility PSDS - Private Sewage Disposal System SIC - Standard Industrial Classification SS - Suspended Solids SWDA - Solid Waste Disposal Act, 42 U.S.C. 6901, et seq. USC - United States Code

107 SEC (NONE) (Deleted by Ord. No. 172,118, Eff. 8/31/98.) SEC (NONE) (Deleted by Ord. No. 172,118, Eff. 8/31/98.) SEC (NONE) (Deleted by Ord. No. 172,118, Eff. 8/31/98.) SEC (NONE) (Deleted by Ord. No. 172,118, Eff. 8/31/98.) SEC (NONE) (Deleted by Ord. No. 172,118, Eff. 8/31/98.) SEC WATER SUPPLY CONTAMINATION OF. No person shall swim, wade, fish, hunt, or deposit any animal, vegetable, mineral matter of substance in, or cause or permit any horse, mule or other animal to go into, or otherwise trespass in or upon any reservoir or aqueduct, or in any pipe or stream connected therewith, nor shall any person do any act or thing which will pollute, imperil or impair the purity and wholesomeness of any water intended to be used for household or domestic purposes. The provisions of this section prohibiting fishing shall not apply to any lake, stream or reservoir used or maintained in connection with the water system of the city situated north of the intake of the Haiwee Reservoir of such system. (Added by Ord. No. 127,508, Eff. 6/29/64.) SEC WATER SUPPLY SANITARY STANDARDS. Every water supply used for domestic consumption or in the manufacture or other preparation of food products within the city shall be of safe, sanitary quality, shall be protected against pollution and contamination, and the water, source and distribution system shall comply with the Drinking Water Standards adopted by the Department of Health, Education and Welfare, Public Health Service on April 5, 1962, for drinking and culinary water supplied by common carriers in interstate commerce, three copies of which shall be on file in the office of the City Clerk. (Added by Ord. No. 127,508, Eff. 6/29/64.) SEC WATER COURSE OBSTRUCTION PERMITS. (Repealed by Ord. No. 182,237, Eff. 9/28/12.) SEC WATER COURSE STRUCTURES PERMITS. (Repealed by Ord. No. 182,237, Eff. 9/28/12.) SEC WATER COURSES INTERFERENCE WITH. (Repealed by Ord. No. 182,237, Eff. 9/28/12.) SEC WATER COURSES. (Title and Section Amended by Ord. No. 182,237, Eff. 9/28/12.) A. Water Course Interference. 1. Interference Prohibited. No person shall do anything to any natural water course or any channel that may carry storm water that would in any manner obstruct or interfere with the flow of water through such course or channel without first obtaining a permit from the Bureau of Engineering pursuant to the provisions of Subsection B. of this Section. 2. Property Owner Duties. A property owner and a lessee or tenant of any property through which a natural water course or any channel that may carry storm water passes shall keep and maintain the course or channel free from any obstruction that would in any manner prevent or disrupt the flow of water through the course or channel without first obtaining a permit from the Bureau of Engineering pursuant to the provisions of Subsection B. of this Section.

108 B. Water Course Disruption Permit. 1. Permit Required. Any person desiring to do any of the following actions must first obtain a permit issued by the Bureau of Engineering: a. Dam, fill, or obstruct any natural water course or channel that may carry storm water; b. Construct, reconstruct, alter, repair, install or maintain any drainage structure in any natural water course or channel that may carry storm water; c. Construct, reconstruct, or repair any drainage structure; or d. Alter, fill, obstruct, or otherwise change any natural water course or channel, or natural drainage channel or course. 2. Permit Application. Any person applying for issuance of a permit pursuant to the provisions of this Section shall file an application with the Bureau of Engineering. The application shall contain all information required by the Bureau of Engineering, including but not limited to the proposed location of the construction, reconstruction, repair or alteration, the materials to be used, and a diagram of the work to be performed. 3. Bureau Determination. The Bureau of Engineering shall issue a permit pursuant to the provisions of this Subsection if it finds all of the following: a. The proposed structure, fill, alteration or repair would not become part of the City's permanently improved storm water drainage system; b. The proposed structure, fill, alteration or repair would not interfere with the flow of natural storm water; and c. The proposed structure, fill, alteration or repair would not injure adjoining property. If the Bureau determines that the proposed structure, fill, alteration or repair would become part of the City's permanently improved storm water drainage system, the Bureau shall require an applicant to apply for a Class "B" permit and if a permit is issued, to perform work pursuant to the provisions of Section et seq. of this Code. 4. Permit Conditions. A permit issued by the Bureau of Engineering pursuant to the provisions of this Section may impose conditions and requirements for its use, and the permit applicant must ensure compliance with all such conditions and requirements. No person shall fail, neglect or refuse to comply with any term or condition contained in any permit issued pursuant to the provisions of this Section. 5. Fees. Before acceptance for examination by the City Engineer, the Bureau of Engineering shall charge and collect a fee in the amount of $3,035 for each permit application made pursuant to the provisions of this Section. The provisions of Section and shall also apply to Bureau of Engineering services provided pursuant to the provisions of this Section. SEC SEWERS UNDEDICATED STREETS. No person shall connect any sewer which has been or may hereafter be constructed in any street, prior to the dedication and acceptance of such street by the City Council, with any public sewer unless such sewer has been laid under the supervision and to the satisfaction of the Board and in accordance with the specifications for public sewers adopted by the City Council and on file in the office of the City Clerk, and in accordance with plans and profiles approved by the City Engineer. SEC HOUSE CONNECTION SEWER. (Amended by Ord. No. 179,073, Eff. 9/23/07.) Not more than one lot shall be connected to any one house connection sewer except as provided below. Exception 1: On a case by case review, the City Engineer shall have the authority and discretion to grant an exception to the above requirement where a single house connection to the City's sewer serves multiple structures on an individual lot or parcel and that lot or parcel is being or has been split. In granting an exception the City Engineer may allow the continued use of the original house connection to the sewer for the structures that now exist on more than one lot due to the lot or parcel split, provided that all the following conditions are met: a. There are four or fewer structures connected to the City's sewer by the single house connection. b. The structures on the split lot cannot be reasonably connected to an existing available sewer due to the physical limitations of either the lot or the existing available sewer. c. There is not physical space available or agreement from the downstream property owner(s) to place one or more additional house connections

109 from the upstream split lots or parcels in an easement on the downstream portions of the original lot or parcel to allow for individual connections to the City's sewer. d. The existing house connection sewer has been inspected by closed circuit television (CCTV) and if any damage to the existing shared house connection was revealed by this inspection, that damage has been repaired to the satisfaction of the Bureau of Sanitation Wastewater Collection Systems Division. e. All property owners using this shared house connection sewer sign and record reciprocal agreements with the County Recorder providing that all properties using the shared house connection sewer are mutually responsible for its full maintenance and repair and that the City shall be held harmless for its approval to allow multiple lots or parcels to be connected to the City's sewer via a single house connection. Exception 2: On a case by case review, the City Engineer shall have the authority and discretion to grant an exception to the above requirement in the case of a new Small Lot Subdivision as defined in Sections 12.03, 12.09, , and of this Code. The City Engineer may allow a new individual house connection sewer to serve more than one lot or parcel subject to the following conditions: a. The size of the new shared house connection sewer for the Small Lot Subdivision shall be determined by the Bureau of Engineering and be included in the approved conditions for the subdivision. b. A sewer maintenance hole shall be required on the mainline sewer in the street adjacent to the small lot subdivision property, if the size of the house connection will not permit a standard "wye" connection to the City's main line sewer. c. A Homeowners Association Agreement or Maintenance Agreement for all subdivided lots or parcels in the Small Lot Subdivision that are connected to the shared sewer house connection shall be created and run with each lot or parcel in perpetuity. This Agreement shall: include common shared maintenance responsibility for the shared house connection sewer among all lots or parcels served by the shared sewer house connection; bind all the property owners and successors in interest of the subject lots or parcels to the agreement; indemnify and hold harmless the City of Los Angeles for granting the owners of the multiple lots or parcels the right to construct and/or connect to the shared house connection sewer; and the Agreement shall be filed with the Los Angeles County Recorder and be binding on all lots or parcels connected to the shared house connection sewer. Notwithstanding the above, the City Engineer shall maintain the exclusive authority and discretion to deny a request of any applicant for a shared sewer connection, even if the applicant has met all of the above requirements for either Exception 1 or 2, if the City Engineer believes it is in the best interest of the City to do so. If an applicant meets all of the required criteria for a shared house connection and the City Engineer denies the request in the best interest of the City, that decision may be appealed to the Board of Public Works. The finding of the Board shall be final. SEC SEWAGE FACILITIES CHARGE FOR NEW TRACTS. (Amended by Ord. No. 140,551, Eff. 6/17/70.) (a) Whenever real property tributory to the city sewerage system that can be served by existing sewers, or by the construction of an off-site sewer not longer than one mile to an available assured outlet sewer, whether financed or otherwise, is included within the borders of a new tract map, sewers, if not existing, shall be constructed within or adjacent to the tracts to serve each lot, and as a condition of the approval of the tentative map of each tract and prior to recording of each such tract map, a fee which shall be determined by the Board of Public Works based upon the rates established in section , hereafter referred to as the sewerage facilities charge, shall be paid by the owner thereof to the City, unless the Board of Public Works upon recommendation of the City Engineer, determines that it would be contrary to the public welfare and interest to assume the responsibility of providing the necessary off-site outlet sewers as required by Subsection (f) hereof. Where a tract map for an industrial, commercial, or multiple dwelling tract is to be recorded but the tract is to be developed at some future time, the Board shall charge a fee of $4,127 per acre which shall be adjusted in accordance with the rates in Section when such tract is developed. (Fee Amended by Ord. No. 171,036, Eff. 6/6/96.) Provided, however, that where it is determined by the Board of Public Works that a particular tract or parcel of land is being subdivided or re-subdivided solely for the purpose of absorbing a vacated street, for reverting an earlier tract to acreage, or for converting an existing multiple dwelling to a condominium, and not for development purposes, that tract or parcel of land shall be exempt from the requirements that a sewerage facilities charge be paid therefor. (Amended by Ord. No. 165,923, Eff. 7/1/90.) Notwithstanding any other provision of this subsection, the payment of the sewerage facilities charge as a condition for the filing of a tract map by the Community Redevelopment Agency or the Department of Airports is hereby waived. Provided, however, the full sewerage facilities charge shall be paid upon the development of any lot or parcel contained in a tract to which this paragraph is applicable. (Added by Ord. No. 166,072, Eff. 8/25/90.) (b) In determining the sewerage facilities charge, the Board shall: 1. Reduce the sewerage facilities charge when the owner demonstrates that the property has paid special assessments for an interceptor sewer to which it may connect directly or indirectly, by the amount of said special assessment. 2. Reduce the charge by all or part of the amount paid as a contributing property to the construction of an off-site sewer to serve the property prior to the requirement by the City that such charge shall be paid. 3. Provide a credit for any amount previously paid as an acreage charge or a sewerage facilities charge.

110 4. Reduce the acreage fee to 15% of that established in Subsection (a) above in the event the sewage from such tract, when developed, will be treated in the facilities of a Los Angeles County Sanitation District. (Added by Ord. No. 157,145, Eff. 11/22/82.) (c) The Board may permit a subdivider to install off-site sewers in lieu of all or part of the sewerage facilities charge based on the actual cost of said offsite sewer. Should the actual cost of said off-site sewer be less than the sewerage facilities charge required by Subsection (a) hereof, the difference between such actual cost and said sewerage facilities charge shall be paid by the subdivider to the City for deposit in the General Fund. (d) The Council may authorize the subdivider or other property owner, by contract with the City, to construct off-site sewers costing in excess of the sewerage facilities charge required by Subsection (a) hereof and subsequent to the construction and acceptance of said off-site sewer, to reimburse said subdivider or property owner the difference between the actual cost of said off-site sewer and the sewerage facilities charge. If the sewerage facilities charge has been paid by the subdivider or property owner prior to entering into the contract with the City to construct an off-site sewer or prior to submission by the owner of evidence justifying reduction of the charge for any property in accordance with this section, the Council may authorize the refund of all or part of the sewerage facilities charge previously paid. (e) Actual cost of off-site sewers as used in Subsections (c) and (d) shall be determined from sealed bids received and opened by the Board of Public Works, after publicly advertising therefor, plus engineering and incidental costs not to exceed ten percent of the accepted bid price for the performance of the work. (f) In those cases where a sewerage facilities charge is paid, the City assumes the responsibility of providing the necessary off-site or outlet sewers when sewage disposal facilities are available and when connection to the City sewerage system is deemed to be necessary by the City. (g) Whenever good planning and engineering practice requires that sanitary sewers of greater size or depth than those required for the servicing of the property immediately concerned be constructed within or adjacent to the subdivision, the additional cost of providing sewers within or adjacent to the subdivision in accordance with the City s requirements of larger size or greater depth than that required by the property immediately concerned shall be considered the same as or in addition to the cost of constructing an off-site sewer as provided in Subsections (c) and (d) hereof. (h) Subdivisions other than those included in Subsection (a) hereof may be: 1. Approved without the construction of sewers or the payment of the sewerage facilities charge where the County Health Officer and the City Engineer determined that ample area is available for private sewage disposal, where soil, ground water and other factors are favorable. The sewerage facilities charge shall be applicable to lots and parcels in these subdivisions where connections to future sewers are requested or required. 2. Permitted or required to construct sewers within the tract and pay the sewerage facilities charge upon the determination by the Council upon the advice of the Board, that existing development or trends justify the City assuming the responsibility of providing the connecting sewers. SEC BASIS FOR SEWERAGE FACILITIES CHARGE. (Amended by Ord. No. 164,895, Eff. 6/26/89.) (a) (Amended by Ord. No. 171,036, Eff. 6/6/96.) There is hereby imposed a sewerage facilities charge which shall be a fee for access to the City s sewage system based upon a share of the equity of the system. The system equity shall include: (i) (ii) (iii) the reproduction cost less depreciation value of the existing facilities; plus the applicable portion of sewage system reserve funds; less the outstanding debt of the sewage system. The share of system equity included in the SFC shall be proportional to the flow, biochemical oxygen demand (BOD) and suspended solids (SS) of the wastewater discharged into the sewage system from the premises as compared with the total flow, BOD and SS discharged by all system customers. (b) The sewerage facilities charge rates shall be $ per 100 gallons per day average flow, $ per pound per day of BOD and $ per pound per day of SS from the premises. These rates shall apply for all sewerage facilities charges and credits imposed pursuant to Section of this Code. Any sewerage facilities charge paid on an installment basis shall be based on the charge rates in effect when the applicant entered into the installment payment agreement with the City. (First Sentence Amended by Ord. No. 182,076, Eff. 4/6/12.) SEWERAGE FACILITIES CHARGE (Table removed by Ord. No. 170,393, Eff. 3/27/95.) (c) In the event the premises are to be connected to the City sewer system but the sewage entering such system is treated in the facilities of a Los Angeles County Sanitation District, the sewerage facilities charge shall be 15% of the rates established in Subsections (b), (d), and (f) of this section. (Amended by Ord. No. 165,923, Eff. 7/1/90.) (d) The City Engineer with approval of the Board shall set the sewage generation factors for various occupancies and for mixed occupancies for the

111 purpose of determining the sewerage facilities charge for new or remodelled construction, or change in use. The operative date of this amended subsection shall be July 1, (Amended by Ord. No. 170,393, Eff. 3/27/95.) (e) The Board may require the owner of any property to submit plans, and such other information as it may need to determine the applicable sewerage facilities charge. (Added by Ord. No. 164,895, Eff. 6/26/89.) (f) For industrial occupancies, the Board shall determine the average wastewater flow for calculation of the appropriate sewerage facilities charge through consideration of metered water delivery data, if available. If not available, it shall consider the peak flow which the occupancy is capable of discharging and the occupancy s expected operating schedules and practices. It may establish a minimum reasonable operating schedule for use in calculating a minimum applicable sewerage facilities charge. (Amended by Ord. No. 166,980, Eff. 7/6/91.) (g) follows: (Former Subsec. (e), Relettered by Ord. No. 164,895, Eff. 6/26/89.) The rates fixed by the provisions of this section shall be implemented as 1. All sewerage facilities charges paid on or after the operative date of any amendments to this section shall be at the rates specified therein. 2. (Amended by Ord. No. 170,393, Eff. 3/27/95.) The date for calculating the applicable sewerage facilities charge for a particular project or discharge shall be fixed as follows: (i) where a sewer connection permit is required, on the date the connection permit is issued; (ii) where no connection permit is required but a building permit is required, on the date the building permit authorizing the majority of the structural construction is issued; and (iii) where neither a connection permit nor a building permit is required, on the initial date of the increased discharge which triggers the additional payment. Where the charge has been paid on or after July 1, 1994 at a certain rate or sewage generation factor, but the connection or building permit referred to in (i) or (ii) above has not been issued, and the SFC rate and/or sewage generation factor changes, the permittee shall pay the additional amount or shall be eligible for a refund, as applicable, when the connection permit or building permit is issued. The amount of the additional payment or the refund shall be the difference between the SFC calculated before and after the changes in rate and/or sewage generation factor. Notwithstanding any other sections of this code, the City Engineer with Board approval is authorized to direct the Controller to make such refunds as necessary. 3. Where application is made for a new house sewer connection permit under Section 64.14(a) of the Municipal Code after a previous permit has expired following its non-extendable two-year duration, and the Sewerage Facilities Charge has been paid at a rate in effect prior to an increase in the charge and the new application is made after such increase, the additional Sewerage Facilities Charge due under the rate applicable at the time of application shall be paid as a condition of issuance of the new permit. (Amended by Ord. No. 168,578, Eff. 3/13/93.) 4. Effective May 1, 1989, the sewerage facilities charge rate to be paid by the property owners for sewer connection on assessment sewer projects will be set at the rate in effect on the date the Ordinance of Intention is adopted by the City Council. The sewer connection must be made within one year after acceptance of the completed sewer by the Board of Public Works. (Added by Ord. No. 168,082, Eff. 8/22/92.) SEC DISPOSITION OF SEWERAGE FACILITIES CHARGE. All sewerage facilities charges collected July 1, 1979, and thereafter, for the City shall be placed and deposited in the Sewer Construction and Maintenance Fund established by Section of this Code, such monies to be expended for the purposes set forth in said section and to pay for any refunds, billing, collection and administration costs relating to the sewerage facilities charge. (Added by Ord. No. 151,859, Eff. 2/19/79.) SEC TEMPORARY WAIVER OF SEWER FACILITIES CHARGE DUE TO 1994 NORTHRIDGE EARTHQUAKE. (Added by Ord. No. 169,864, Eff. 7/17/94.) (a) Definitions. 1. LOT shall mean any parcel, identified by parcel number and situs address on the City s database of properties damaged or destroyed by the local emergency. This database, compiled by the Department of Building and Safety, is titled EQ LOCAL EMERGENCY shall mean the Northridge Earthquake of January 17, 1994, and subsequent aftershocks, (EQ1-94) declared to be a local emergency under the provisions of Section 8.27 of the Los Angeles Administrative Code. 3. RED-TAGGED BUILDING shall mean a building, all or any portion of which was red-tagged by the Department of Building and Safety as a result of the local emergency and which is so listed in the database of EQ1-94 compiled by the Department of Building and Safety in effect on the date of adoption of this ordinance or as the database is updated through April 17, 1994.

112 EXCEPTION: ACCESSORY BUILDING, as defined in Los Angeles Municipal Code Section 12.03, shall not be included in this definition. (b) Temporary Waiver of The Sewerage Facilities Charge (SFC). Notwithstanding the provisions of the Los Angeles Municipal Code to the contrary, for an occupying owner or tenant vacating a red-tagged building other than a residential building, as defined in the Los Angeles Municipal Code Section 12.03, and temporarily relocating his or her enterprise to a different site after January 17, 1994 but before January 17, 1995, the Sewerage Facilities Charge due at the time of that relocation, if any, shall be temporarily waived. This waiver shall terminate and the Sewerage Facilities Charge become due and payable within 30 days if the enterprise remains at the different site on January 17, A waived Sewerage Facilities Charge at a site shall not confer any flow credit to the site which would be applicable to future occupancies. SEC HOUSE SEWER CONNECTION PERMIT. (Amended by Ord. No. 150,478, Eff. 2/6/78.) (a) No person shall make, construct, alter, or repair any house connection sewer, bonded house connection sewer, special house connection sewer, industrial waste sewer connection, industrial waste storm drain connection, storm drain connection, or special drainage connection, or any portion of any such sewer or storm drain connections, including sampling manholes, or connect any house sewer, soil pipe, or plumbing to any such sewer or storm drain connections or to a sewer or storm drain under the jurisdiction of the City of Los Angeles, without first obtaining a written permit therefor from the Board of Public Works. (b) Persons desiring to obtain a permit for any of the purposes enumerated in Sections to inclusive, shall file with the Board a written application therefor signed by the applicant, on printed forms, furnished by it for that purpose. The application shall contain such information as the Board may require. If it appears from the application that the work to be performed thereunder is to be done according to the regulations contained or referred to in this article, governing the doing of such work, a permit shall be issued upon payment of the permit charges required or referred to in Section (c) The Board before granting any permit in accordance with the provisions of Sections to inclusive, which will necessitate any excavation in, upon or under any State highway in this City or the making of a connection to a sewer or house connection sewer for which a permit is also required from a County Sanitation District, or a political subdivision other than this City, shall require such permit to be presented for inspection. (d) Nothing in this section shall be deemed or construed to require the application for or the issuance of a permit for the purpose of removing stoppages in any house connection sewer, except when it is necessary to replace any part or all of such sewer connection or to excavate in any street or sidewalk or sewer easement in connection therewith. (e) A permit under which an excavation, tunnel, or the laying of sewer, or storm drain pipe in any public street is contemplated will be issued only to other departments of the City, other governmental agencies, or contractors holding a valid contractor s license issued by the Contractors License Board of the State of California in the classification of A-1 General Engineering, B-1 General Building, C-36 Plumbing, or C-42 Sewer, Sewage Disposal, Drain, Cement Pipe Laying. (Added by Ord. No. 121,900, Eff. 6/4/62.) EXCEPTION: A permit for making sewer connections at the property line may be issued to any responsible person when in the opinion of the Board, the granting of such permit will not endanger public property or jeopardize the public s interests. (f) Any person performing work pursuant to a permit issued under this section shall comply with all the provisions of Section of this Code. (Added by Ord. No. 150,478, Eff. 2/6/78.) SEC PERMIT EXEMPTIONS. The provisions of Section requiring permits for the construction of house connection sewers shall not be construed to apply to contractors constructing house connection sewers under contracts entered into under proceedings had or taken pursuant to any of the procedure ordinances of this City, or the County of Los Angeles, or the Statutes of the State of California, or other contracts authorized by the City Council, providing for the construction of such house connection sewers. SEC DURATION AND REVOCATION OF PERMITS. (Amended by Ord. No. 168,578, Eff. 3/13/93.) (a) If the work authorized by a permit issued pursuant to Sections to 64.22, inclusive, of this Code is not commenced within two years from the date of its issuance, such permit shall expire and be canceled. In the event the permit is revoked, canceled or expires, the City shall retain a portion of the permit fee to defray administrative costs in an amount determined and adopted in the same manner as provided in Section I,1 of the Los Angeles Municipal Code for establishing fees. If the work authorized by a permit is commenced, it must be prosecuted diligently to completion. (b) The Board may suspend or revoke the permit at any time in the public interest upon receipt of a written request showing good and sufficient cause therefor by the permittee, the owner of the affected property, or other interested party. Any such action shall not be deemed to release any applicable insurance or surety filed pursuant to Section

113 (c) Any Sewer Connection Permit that has not expired by the effective date of this section shall be given an extended duration of two years from the original date of issuance. SEC PERMIT AND INSPECTION FEES. (a) An applicant for issuance of a permit pursuant to the provisions of Section shall pay to the Bureau of Engineering, in addition to all other required fees and charges, the following fees where applicable: (Amended by Ord. No. 182,237, Eff. 9/28/12.) 1. A fee of $265 for every permit seeking a connection to an existing sewer line at the property line or to an existing storm drain or catch basin; and 2. An inspection fee of $2.84 for each linear foot of connection laid, re-laid, or exposing a sewer housing connection pipe or a storm drain construction pipe in any public place or public right-of way. The determination of the total amount of an inspection fee owed pursuant to the provisions of this Subdivision shall be determined by an inspection of the site, and the inspection fee owed shall be paid in conjunction with the collection of trench resurfacing charges owed pursuant to the provisions of Subsection (b) of Section (b) Where an applicant for issuance of a permit pursuant to the provisions of Section seeks to connect to a sewer line that was constructed at no expense to an owner of the property for which the connection is sought, and the purpose of the connection is not to replace any existing house connection sewer, the Bureau of Engineering shall charge and collect, in addition to all other required fees and charges, a fee of $82 for each linear foot of house connection to be constructed. (Amended by Ord. No. 182,237, Eff. 9/28/12.) (c) No Industrial Waste Sewer or Storm Drain Connection Permit will be issued unless the applicant has complied with the provisions of Section When the provisions of Section or Section are applicable, no Sewer House Connection Permit will be issued until the applicant has complied therewith. No Special Drainage Connection Permit will be issued until the applicant has complied with all conditions established by the Board. No House Connection Permit (other than for repairs) and no Industrial Waste Sewer Connection Permit will be issued until the applicant has paid a sewerage facilities charge in accordance with Section (Amended by Ord. No. 140,189, Eff. 5/11/70.) (d) Where the is no existing Y or opening in the main line sewer, storm drain or catch basin, an additional tapping fee must be prepaid in accordance with Section of this Code before any permit will be issued under this section. (Amended by Ord. No. 112,719, Eff. 2/28/59. ) (e) Before any permit is issued pursuant to Section under which an excavation tunnel or the laying of sewer or storm drain pipe in any public street, public place or public easement is contemplated, the applicant must have a policy of protective liability insurance and either a cash deposit or surety bond on file with the Board in accordance with the provisions of Section (Amended by Ord. No. 122,639, Eff. 9/15/62.) (f) If the Bureau of Engineering or the Bureau of Contract Administration requires inspections for the issuance of any permit issued pursuant to the provisions of Section or for oversight of the permitted project, the Bureau of Engineering shall charge and collect Special Inspection Charges pursuant to the provisions of Section (a)(1)(cc). (Amended by Ord. No. 182,237, Eff. 9/28/12.) (g) If the Bureau of Engineering is required, pursuant to issuance of a permit pursuant to the provisions of Section or for oversight of the permitted project, to provide services not ordinarily required with respect to such permits, the Bureau shall charge and collect the actual costs of providing its services and a deposit of such costs as determined and collected pursuant to the provisions of Sections and (Amended by Ord. No. 182,237, Eff. 9/28/12.) (h) No permit to connect which is subject to the provisions of Section (c) shall be added until the applicant has provided the City with proof of payment of the sewer connection fee required by the Los Angeles County Sanitation District in whose facilities sewage from the subject property is treated. (Added by Ord. No. 157,145, Eff. 11/22/82.) (i) (Added by Ord. No. 178,958, Eff. 8/19/07.) There is hereby established, a requirement that the City perform a Sewer Capacity Availability Review (SCAR) when any person seeks a permit to connect one or more properties to the City's sewer collection system, or proposes additional discharge through their existing public sewer connection, or wishes to obtain a SCAR in anticipation of a future sewer connection and that future connection or that proposed or future development is anticipated to generate 10,000 gallons or more of sewage per day. A SCAR is an analysis of the existing sewer collection system to determine if there is adequate capacity existing in the sewer collection system to safely convey the newly generated sewage to the appropriate sewage treatment plant. All costs incurred by the City in performing a SCAR shall be recovered through a SCAR fee as follows: 1. For any SCAR for a proposed sewer connection or possible future sewer connection and/or proposed development or future development that pursuant to the City's sewage generation tables will generate 10,000 gallons or more of sewage per day, or proposes to discharge, pursuant to the City's sewage generation tables, 10,000 gallons of additional sewage per day through their existing public sewer connection, a fee titled "Sewer Capacity Availability Review Fee" (SCARF) to cover the cost of SCAR shall be paid to the Board by the applicant before the SCAR is conducted. 2. The SCAR Fee or SCARF shall be based on the level of engineering analysis and data collection required to complete the SCAR. The SCARF amounts are: Proposed Sewer Discharge (gallons per day) SCAR Fee or SCARF

114 10,000-50,000 $1,300 50, ,000 $1, , ,000 $2, , ,000 $2, , ,000 $2,600 > 500,000 $2,850 (j) All fees collected pursuant to this section, excluding storm drain revenues which shall be deposited into the General Fund, shall be deposited into the Sewer Construction and Maintenance Fund established by Section of this Code, such monies to be expended for purposes set forth in said section and to provide for appropriate refunds relative to such fees. Storm drain revenues are monies collected from imposition of storm drain connection permit fees, special drainage connection fees and those fees imposed pursuant to Subsections (d), (e), as it relates to storm drains, and (g) of this section. (Added by Ord. No. 162,864, Eff. 11/22/87; Former Subsec. (i) relettered by Ord. No. 178,958, Eff. 8/19/07.) SEC LIABILITY INSURANCE AND DEPOSIT REQUIREMENTS. (Amended by Ord. No. 122,639, Eff. 9/15/62.) (a) Liability Insurance. 1. Required. Except as otherwise provided in this article, a permit required by Section under which an excavation, tunnel or the laying of sewer or storm drain pipe in any public street, public place or public easement is contemplated, will not be issued until the applicant has filed with the City Engineer a policy of protective liability insurance in which the City has been named as insured or coinsured with the permittee. The policy of insurance shall insure the City and its officers and employees while acting within the scope of their duties, against all claims arising out of or in connection with the operations of the permittee, or any contractor or subcontractor of the permittee, pursuant to the permit. 2. Amounts. (Amended by Ord. No. 153,469, Eff. 6/1/80.) Bodily Injury Property Damage $250,000 each person $500,000 each occurrence $500,000 aggregate products and completed operations $100,000 each occurrence. $250,000 aggregate A combined single limit policy with aggregate limits in the amount of $1 million will be considered equivalent to the required minimum limits. 3. Coverage. Such policy of insurance shall provide coverage at least as broad as that provided in the Standard Form approved by the National Bureau of Casualty Underwriters, together with such endorsements as are required to cover the risks involved. (b) Deposits. (Amended by Ord. No. 180,158, Eff. 10/4/08.) 1. Required. Except as otherwise provided in this article, a permit required by Section under which an excavation, tunnel or the laying of sewer or storm drain pipe in any public street or public easement is contemplated, will not be issued until the applicant has deposited with the Board not less than $10,000 in cash which shall remain on deposit with the Board for not less than six months from the date of the last permit issued to the depositor thereof. Such deposit will be held to insure the faithful and proper performance of the work and the payment of all charges required by Sections to inclusive, and the Board is hereby empowered to deduct from the cash deposit all sums due for charges hereunder and for any and all damages accruing to this City by reason of faulty, defective or incomplete work by the permittee. 2. Surety Bond in Lieu of Deposit. Whenever in this section a cash bond in the amount of $10,000 or over is required, the applicant may provide in lieu of such cash deposit, a good and sufficient bond in an amount equal to the amount of such cash deposit, payable to this City, executed by the applicant as the principal and by a reliable surety company qualified to do business in California and the City of Los Angeles, which bond is satisfactory to this City. Such bond shall be deposited with and held by the City to insure the faithful and proper performance of the work and the payment of all charges required by Sections to inclusive, upon the same terms as those required by the cash deposit, in lieu of which, the bond is executed. The Board is hereby empowered to demand and receive payment from the bond for all sums due for charges hereunder and for any and all damages accruing to this City by reason of faulty, defective or incomplete work by the permittee. 3. Increase in Bond Amount. On July 1, 2009, the amount set forth in subsections (b)1. and (b)2. for both the required cash deposit and surety bond shall increase from $10,000 to $20,000. On July 1, 2011, the amounts for both the required cash deposit and surety bond shall increase from $20,000 to $25,000 and on each July 1 starting in 2012, the amount of both the required cash deposit and surety bond shall increase annually by the percentage amount of the increase in the consumer price index for the previous calendar year rounded up to the nearest $100. Starting in 2012, all current Bonded Sewer Contractors shall be notified each year by April 1 of the new bonding requirements and the need to have a new bond in the correct amount in place by July 1.

115 SEC EXEMPTIONS FROM LIABILITY INSURANCE AND DEPOSIT REQUIREMENTS. From Federal Government, the State, every county, city and county, municipal corporation, irrigation district, school district, district established by law, and any political or administrative subdivision of the State or Federal Government will not be required to make a deposit or to post a policy of protective liability insurance as otherwise required by Sections and (Amended by Ord. No. 121,900. Eff. 6/4/62.) SEC SEWERAGE FACILITIES CHARGE FOR SEWER CONNECTION. (a) (Amended by Ord. No. 171,036, Eff. 6/6/96.) Before granting a permit to connect any lot or parcel or to connect a new building on such lot or parcel to a public sewer or house connection sewer pursuant to the provisions of Section of this Code, including a replacement building following a demolition, except applications for permits to repair or replace existing sewer connections which repair or replacement is unrelated to any new construction or to new use or occupancy, the Board shall require, in addition to all other charges and fees imposed by Sections to 64.22, inclusive, the payment by the applicant therefor of a Sewerage Facilities Charge fixed in accordance with Section The Board shall provide a credit pursuant to Subsection (c). (b) (Amended by Ord. No. 171,036, Eff. 6/6/96.) A Sewerage Facilities Charge, based upon the rates established in Section of this article, shall also be imposed as follows: 1. Where a physical addition is made to an existing residential occupancy to create an additional dwelling unit or units, or where an existing residential occupancy is modified to create an additional dwelling unit or units, a charge shall be imposed for each additional dwelling unit on a lot or parcel created by the addition or modification. Where any existing dwelling unit is enlarged or modified to create an additional bedroom or bedrooms, a charge shall be imposed for each additional bedroom created on the lot or parcel by the addition or modification. 2. Where an addition is made to an existing commercial building, or an additional commercial building is constructed on a lot or parcel, a charge shall be imposed based on the increase in gross floor area or on the increase in such other indicator of activity as the Board may adopt. 3. Where the average flow discharge and/or the average discharge of mass emissions of biochemical oxygen demand (BOD) and/or suspended solids (SS) from industrial buildings on a lot or parcel are increased, a charge shall be imposed based on the average flow and the BOD and SS mass emissions (calculated as the flow rate multiplied by the BOD and SS concentrations and by a unit conversion factor) following the increase. The Board shall provide a credit pursuant to Subsection (c). 4. Where the use or occupancy of an existing building on a lot or parcel is changed, a Sewerage Facilities Charge shall be imposed based upon such new use or occupancy. The Board shall provide a credit pursuant to Subsection (c). (c) Whenever a credit is allowed, the credit shall be determined by first calculating flow, BOD and SS credits and then calculating an aggregate monetary credit. The flow, BOD and SS credits shall remain with the lot or parcel except as provided in Section or 64.19(e). (Amended by Ord. No. 182,076, Eff. 4/6/12.) 1. The flow credit shall be calculated as the total of the following: (i) the largest average flow rate of discharge from the lot or parcel to a public sewer determined by the City Engineer to have occurred before establishment of the Sewerage Facilities Charge, provided that it shall be the applicant s responsibility to submit documented evidence satisfactory to the City Engineer to obtain this credit; plus (ii) the average flow rate of discharge for which a Sewerage Facilities Charge has been paid in cash, by transferral from a revitalization, enterprise, or empowerment zone per Section , or by construction of an offsite sewer pursuant to Section , provided that offsite sewer construction shall have been accomplished and its cost documented in accordance with the policies of the City Engineer to obtain this credit; minus (iii) the average flow rate of discharge which is equivalent to the flow component of any refunds which have been paid; minus (iv) the average flow rate of discharge which has been transferred away pursuant to Section The Board shall adopt rules to determine the initial BOD and SS credits allocable to a lot or parcel upon implementation of this subsection (c). 3. The credits for strength (BOD and SS) parameters shall be calculated as the total of the following: (i) the largest average rate of mass emissions discharge from the lot or parcel to a public sewer determined by the City Engineer to have occurred before establishment of the Sewerage Facilities Charge, provided that it shall be the applicant s responsibility to submit documented evidence satisfactory to the City Engineer to obtain this credit; plus (ii) the average rate of mass emissions discharge for which a Sewerage Facilities Charge has been paid in cash, by transferral from a revitalization, enterprise, or empowerment zone per Section , or by construction of an offsite sewer pursuant to Section , provided that offsite sewer construction shall have been accomplished and its cost documented in accordance with the policies of the City Engineer to obtain this credit; minus

116 (iii) the average rate of mass emissions discharge which is equivalent to the mass emissions component of any refunds which have been paid; minus (iv) the average rate of mass emissions discharge which has been transferred away pursuant to Section The monetary credit shall be calculated by multiplying the rates established pursuant to Section at the time the Sewerage Facilities charge was paid by the flow, BOD and SS credits and summing the results, provided that the total credit shall not exceed the Sewerage Facilities Charge required to be paid except as provided in Subdivision 6. of Subsection (a) of Section (Amended by Ord. No. 182,076, Eff. 4/6/12.) Notwithstanding the previous sentence, in the case of reconstruction of a building damaged by the earthquake of January 17, 1994, the amount of the credit shall be the Sewerage Facilities Charge which would have been applicable on January 17, 1994, or the Sewerage Facilities Charge based on the rates established pursuant to Section , whichever is greater. (d) ((c) Relettered (d) by Ord. No. 171,036, Eff. 6/6/96.) The Council may, in the exercise of its sound discretion, and upon advice of the Board, reduce the sewers facilities charge for any property for which off-site public sewers are constructed beyond the limits of said property, by all or part of the actual cost of the construction of said off-site public sewer. (e) ((d) Relettered (e) by Ord. No. 171,036, Eff. 6/6/96.) Where the applicant meets the criteria as specified hereinafter, and enters into an installment payment agreement with the Board, the applicant shall be allowed to pay the Sewerage Facilities Charge as follows: a down payment of 15 percent of the Sewerage Facilities Charge due, or more at the applicant s option, followed by quarterly installments extending over a period not to exceed five (5) years at such interest rate as the Board shall establish annually in July of each year. The rate shall be the simple average of the last available twelve months average interest earnings from the pool in which Sewer Construction and Maintenance Fund moneys are invested, as reported by the City Treasurer and rounded to the nearest tenth of one percent, plus one percent. EXCEPTION: Interest shall not be charged to a charitable institution as defined in Item No. 2 below. Quarterly installments shall be in the amount necessary to fully amortize the Sewerage Facilities Charge, excluding the down payment, and interest over the payment period. The Board shall also establish a fixed fee to cover setup and administrative costs associated with the installment plan. This fee shall be determined as provided in Section I,1 of the Los Angeles Municipal Code. If the applicant is a lessee, the installment payment period shall not exceed the remaining period of time the applicant is to occupy the subject property under the terms of the lease agreement. Provisions in the lease agreement for termination of the lease upon the occurrence of certain events shall not prevent the lessee from entering into an installment agreement. The applicant must meet one or more of the following criteria: 1. The applicant s property is an individual site in which the Sewerage Facilities Charge due equals or exceeds $17,000. Individual site shall not include a subdivision with more than one sewer connection. 2. The applicant is a charitable institution and the Sewerage Facilities Charge due equals or exceeds $5,000. For the purpose of this subsection, a charitable institution shall be an institution which meets the five criteria listed in Subsection (f) of this section. 3. The applicant is a surgical hospital. 4. The applicant is a property owner who is ceasing to use a private sewage disposal system and is connecting to the City sewage system. (f) ((e) Relettered (f) by Ord. No. 171,036, Eff. 6/6/96.) Whenever the Board has authorized an installment payment agreement to be entered into pursuant to Subsection (e), the following requirements shall apply: 1. The first quarterly payment under the installment payment agreement shall be due on the first day of the third month next succeeding the month in which the down payment was made. Remaining payments shall be due on the first day of every third month thereafter. 2. A payment shall become delinquent if not postmarked on or before the 15th of the month in which it is due. All delinquent payments shall incur a penalty charge of 10 percent of the cumulative amount of all delinquent payments, including previous delinquency charges. Said delinquency charge must be paid in full before normal payments will again be accepted. 3. If a payment remains unpaid beyond the 15th day of the third month next succeeding the date on which it became delinquent, the permittee shall be determined in default. The Board shall notify the permittee, and, in addition, the owner of the property if different from the permittee, by certified mail with return receipt that: A. The permittee and/or the owner have one month from the default date to bring the balance current or the entire unpaid plan amount, including delinquent charges, will become due and payable; and B. The connection permit may be canceled and the connection severed if the permittee continues in default beyond that date.

117 4. If the permittee remains in default for one month and 10 days, the Board may cancel the Sewer Connection Permit and sever the connection. The Board shall notify the permittee, the owner, if different from the permittee, and the Superintendent of the Department of Building and Safety at least 10 days before taking such action. 5. Where title to a premises subject to an installment payment agreement is sold or transferred, and the permittee is the owner of said property, the entire unpaid balance of the charge shall immediately become due and payable and the permittee and the new owner of the property shall be jointly and severally liable for said amount. The installment payment agreement shall provide for the creation of a lien against the subject property to secure payment to the City, at time of sale, of the unpaid balance of the Sewerage Facilities Charge and any accrued penalty charges. The lien shall be recorded with the County Recorder by means of a covenant executed by the parties. 6. In the event the permittee is a lessee on the property, the entire unpaid balance of the charge shall immediately become due and payable upon termination of the leasehold interest for whatever reason, including termination of the lease or assignment of the leasehold interest, and the permittee shall be liable for said amount. The installment payment agreement shall provide for the creation of a lien against the leasehold interest of the lessee to secure payment to the City of the unpaid balance of the Sewerage Facilities Charge and any accrued penalty charges at the time of termination of the leasehold interest. Such lien requirement shall not be imposed, however, if the lessee would violate the lease agreement in so doing, or is unable to obtain the consent of the lessor where such is required by the lease. The lien shall be recorded with the County Recorder by means of a covenant executed by the parties. In the event of leasehold termination, the lessor may assume the obligation of payment of the unpaid balance under the installment payment agreement but will be required to comply with all provisions of this section which are applicable to owners who are permittees. 7. Delinquent charges and all penalties thereon as to any permittee, whether lessee or owner, shall constitute a lien on the real property served when recorded as provided in Section of the Government Code of the State of California and such lien shall continue until the charge and all penalties thereon are fully paid or the property sold therefor. 8. All or part of any unpaid plan amount may be paid in advance at any time. 9. When all moneys under the plan have been paid in full, a Sewer Facilities Charge certificate of payment will be issued. (g) ((f) Relettered (g) by Ord. No. 171,036, Eff. 6/6/96.) Where the applicant is a charitable hospital, it shall be exempt from sewerage facilities charges. A hospital is charitable, for the purpose of this subsection if: 1. It is not operated for profit; 2. No part of its assets inures to the benefit of any private shareholder or individual; 3. Its assets are irrevocably dedicated for a charitable purpose; 4. Upon dissolution, its assets shall be distributed to an organization exempt for charitable purposes from taxation under the Revenue and Taxation Code or the Internal Revenue Code. 5. The applicant has obtained a charitable purpose tax exemption determination from the California Franchise Tax Board. (h) ((g) Relettered (h) by Ord. No. 171,036, Eff. 6/6/96.) 1. Where the Board finds that an applicant presently discharging, as of the date of this ordinance, into the Los Angeles Harbor has been ordered by a State and/or Federal agency to so cease discharging and, as a result, must therefore connect to the City sewer system, the Board may permit the applicant to defer payment of such sewage facilities charge for a two year period from the date of the application for the sewer connection permit. If at the end of such two year period the property which was connected to the City s sewer system pursuant to such deferment of payment is no longer so connected no sewerage facilities charge will be imposed. The granting of such deferment of payment is subject to the applicant entering into an agreement to pay the amount deferred if the subject property is still connected to the City s sewer system at the end of the two year period. (Para. numbered 1., Amended by Ord. No. 153,056, Eff. 10/29/79.) 2. (Added by Ord. No. 153,056, Eff. 10/29/79.) As to any applicant granted such a deferment as provided above the Board may grant a deferment for an additional eighteen month period provided at the time application is made for such extension the applicant is actively seeking permission from the appropriate authorities to be permitted to discharge into the Los Angeles Harbor. If at the end of such eighteen month extension the property which was connected to the City s sewer system pursuant to such deferment of payment is no longer so connected no sewerage facilities charge will be imposed. The granting of such extended deferment is subject to the applicant entering into an agreement, or amending its existing agreement, with the City to pay the amount deferred if the subject property is still connected to the City s sewer system at the end of the eighteen month extension period. (i) ((h) Relettered (i) by Ord. No. 171,036, Eff. 6/6/96.) The sewerage facilities charge fees applicable to single family dwellings as of September 1, 1986, shall be applicable to a sewer connection by a single family dwelling to a sewer when: 1. The sewer was installed pursuant to an assessment proceeding where the petition therefore was on file with the City as of September 1,1986; and 2. The connection is made within one year after acceptance of the completed sewer by the Board.

118 (j) ((i) Relettered (j) by Ord. No. 171,036, Eff. 6/6/96.) Where the applicant is a non-profit corporation it shall be exempt from sewerage facilities charges required for a dwelling structure it is constructing, or substantially rehabilitating, to serve low-income elderly and/or handicapped families or individuals if the construction or rehabilitation of said structure is being government funded and the dwelling is on property being leased from the city, or on property which has been, or will be, acquired from the City with the City having an option to re-acquire the property. A corporation is non-profit, for the purpose of this section, if: (1) The purposes of the corporation include the promotion of the welfare of elderly and/or handicapped families and/or individuals; (2) No part of the net earnings of the corporation may inure to the benefit of any private shareholder, contributor or individual; and (3) The corporation is not controlled by, or under the direction of, persons or firms seeking to derive profit or gain therefrom. (k) ((j) Relettered (k) by Ord. No. 171,036, Eff. 6/6/96.) (Repealed by Ord. No. 170,083, Eff. 11/26/94, Oper. 7/1/94.) (l) (Added by Ord. No. 169,042, Eff. 9/14/93.) Where an alcohol retail business was damaged or destroyed in the 1992 civil disturbance, the sewerage facilities charge shall be waived where the specific site, or an area encompassing the specific site, where such business was or is located, is to be converted to another use not involving the sale of alcoholic beverages. In case the new use is to be a non-industrial laundromat, such waiver will be to the extent of the use of a maximum of sixty (60) washing machines; provided, however, if the new use is something other than a laundromat, the waiver available shall be equivalent to the amount of the sewerage facilities charge payable for a laundromat containing sixty (60) washing machines. As a condition to obtaining such a waiver of the sewerage facilities charge, the alcohol retail licensee must submit proof of the cancellation of the license issued by the State Alcoholic Beverage Control Department for the particular alcohol retail business which was damaged or destroyed, at the time of the issuance of the certificate of occupancy. Such conversion to a new use having occurred, if there should be a further or different conversion then the credit utilized in determining the appropriate sewerage facilities charge shall be based upon the applicable sewerage facilities flow credit prior to the 1992 civil disturbance. This section shall be non-operative two (2) years after its effective date. (m) (Added by Ord. No. 171,036, Eff. 6/6/96.) Notwithstanding Subsection (a) of this section, where the application is for the connection of a temporary field office at a construction site to a sewer, no Sewerage Facilities Charge shall be collected. SEC TRANSFER OF INDUSTRIAL FLOW SEWERAGE FACILITIES CHARGE CREDITS WITHIN OR BETWEEN REVITALIZATION, ENTERPRISE OR EMPOWERMENT ZONES. (Added by Ord. No. 169,347, Eff. 3/12/94.) Manufacturing and industrial businesses, including laundromats, where the estimated quantity of discharge for Sewerage Facilities Charge purposes is based upon the process used or number of machines and have an existing City of Los Angeles industrial flow Sewerage Facilities Charge credit may transfer all or part of this credit within or between a Revitalization, Enterprise or Empowerment Zone(s) or into a Revitalization, Enterprise or Empowerment Zone as defined in State or Federal law subject to the following conditions: (a) donor site. (b) A Sewerage Facilities Charge credit for the empty building shell(s) or most recent improvements if the land is vacant shall remain with the A Sewerage Facilities Charge must be paid or already exist for the building shell(s) at the receiver site. (c) Local sewer availability and capacity at the receiver site to handle the transferred sewage flow must be verified by the City Engineer. An additional mainline sewer must be constructed at no cost to the City to a point of available capacity as determined by the City Engineer if local capacity does not exist. (d) permitted. Only one transfer from a donor site to a receiver site shall be permitted and no transfer from a receive site back to a donor site shall be (e) Any increase in sewer discharge at either the donor or receiver site over the adjusted sewer discharge flows established after the transfer at either site, shall require the payment of additional Sewerage Facilities Charge at the rate in effect at the time of the flow increase. (f) A current Title Report must be submitted to the City Engineer verifying the ownership of the donor site from which flow credits are to be taken. (g) If the person(s) requesting the transfer of flow credit is not the owner of the donor site, a notarized assignment of sewer discharge credits from the property owner to the person(s) requesting the transfer of the sewer discharge credits is required. This assignment can not be executed until it has been approved and signed by the City Engineer. Falsification of these documents will invalidate the transfer request and may result in referral to the City Attorney or District Attorney for prosecution. (h) A non-refundable fee of $250 must be paid to initiate and document the transfer of Sewerage Facilities Charge flow credits. This fee shall be deposited directly into the Sewer Construction and Maintenance Fund. The fee herein shall be adjusted, if required, in order to recover the City s

119 administrative costs, and adopted in the same manner as provided in Section I,1 of the Los Angeles Municipal Code for establishing fees. (i) The transfer of the sewer discharge must be initiated by submitting construction plans to the Department of Building and Safety for the receiver site within one year of approval of the transfer request. A written request to the City Engineer may be made for an additional one-year time extension. If the plans have not been submitted within two years, a new application for transfer of sewer discharge rights must be made. SEC SEWER CONNECTION REGULATIONS. No person having obtained a permit from the Board shall construct, alter, or repair any house connection sewer or any portion of any house connection sewer, or makes a connection to any public sewer, or house connection sewer, pursuant to any such permit, at any place other than that designated thereon, or fail, refuse or neglect to comply with any such requirement contained or referred to in this section. At all times, while the work under any such permit is in progress, the original of such permit must be kept at the place of the work and must, on demand be exhibited to the Board or to any of its inspectors, agents or representatives, or to any police officer. (a) In those streets and alleys included in that portion of this City, designated by Chapter 8 of this Code as the Central Traffic District, when an excavation is commenced, the making of the excavation, the work to be done therein and the refilling of the excavation, shall be prosecuted diligently and continuously until completed, so as not to obstruct the street or other public place or travel thereon, more than is actually necessary. (b) The construction of all house connection sewers, and all repairs to such house connection sewers, shall be as follows: 1. All pipe shall be clay, cement, cast iron, ABS and PVC plastic pipe or asbestos cement and have a minimum internal diameter of six inches. (Amended by Ord. No. 152,157, Eff. 5/13/79) 2. House connection sewers in easements over private property shall be constructed of only clay pipe with flexible joints, ABS and PVC plastic pipe or cast iron pipe, and may have an internal diameter of four or six inches. (Amended by Ord. No. 152,157, Eff. 5/13/79) 3. Upon proper application to the Board, the Board may permit the increase in the internal diameter of house connection sewers to not more than two inches less than the internal diameter of the public sewer to which it is connected, if such increased diameter is in accordance with good engineering practice. 4. The quality of the pipe, the type of joint and other materials used, the manner of constructing house connection sewers, the backfilling of the trench, except where specifically provided for herein, or by the Board, shall be the same as is required by the latest specifications and standard plans for the construction of sanitary sewers in this City. (c) Whenever, in connection with the construction or repair of a sewer connection, a hazardous excavation must be made or an excavation is to be made by tunneling under the surface of a street or alley, the Board may adopt such regulations and require such special inspections as it may deem necessary. The cost of such special inspection shall be estimated by the Board and paid as outlined in Section (d) All house connection sewers, unless otherwise authorized by the Board, shall be laid on a uniform grade of not less than two per cent, with a depth, measured to the invert, at the property line, of not less than four feet below the top of the existing curb or proposed curb at the nearest point. If there is no existing or proposed curb, then such house connection sewers shall be laid on a uniform grade of not less than two per cent, with a depth, measured to the invert, not less than four feet below the surface of the roadway, sidewalk or alley at the property line, unless a greater depth is required to serve such property. (e) (None) (f) Where a building is on or immediately adjacent to the property line, to which a sewer connection must be constructed, and an existing house sewer from said building ends at such property line at a depth of less than the depth required in this section for the upper end of a house connection sewer to be constructed to such property line; or where an earth bank over 4 feet in height exists adjacent to the curb line or property line, the Board shall adopt such regulations, for the construction of that portion of the house connection sewer between the curb line and property line, if in a street, and between the main sewer and the property line, if in an alley, walk or other public place improved or to be improved without a curb, which will meet such conditions better than the method of construction herein prescribed. Where a main sewer exceeds 14 feet in depth the manner of constructing a house connection sewer from such a sewer shall be regulated by the Board. (g) (Amended by Ord. No. 142,123, Eff. 7/31/71.) Persons making an excavation in any street or sidewalk for any of the purposes mentioned in Sections to inclusive, must maintain free access to all fire hydrants and water gates. All materials excavated shall be laid compactly along the side of the trench and kept trimmed up so as to cause as little inconvenience as possible to public travel. If any excavation is made across any street or alley, at least one safe crossing must be maintained at all times for vehicles and pedestrians. Where required to keep traffic lanes and sidewalk passageways clear, tight board fences shall be used to hold excavated material. All gutters must be maintained free and unobstructed for the full depth of the adjacent curb and for at least one (1) foot in width from the face of such curb at the gutter line. All work shall be performed in accordance with the latest adopted manual entitled Work Area Traffic Control, the latest adopted Standard Specifications for Public Works Construction, any required plans and special

120 specifications and shall be performed to the satisfaction of the Board. If the warning signs, lights and devices required under this section are not promptly provided, the Board may provide them; the cost of such work performed by the Board may be billed to the permittee. (h) Any excavation made for the purpose of making a house connection to a sewer shall be refilled in the manner required by this article within three days after inspection of the pipe by the Board, or within three days after the date of the completion of the excavation if no work is done therein. Nothing in this article contained shall be construed to allow a longer period of time therefor. The top surface of the backfill shall conform closely enough to the level of the adjoining street or sidewalk surface and shall be compacted so that it is hard enough and smooth enough to be safe for pedestrian travel over it as well as for vehicular traffic to pass safely over it at a legal rate of speed. The permittee shall maintain the surface of the backfill in a condition safe for pedestrian and vehicular traffic until the said surface has been repaired by the Board, and said permittee shall be responsible for all accidents which may occur due to pedestrians traveling over or upon the site of the excavation as well as vehicles crossing said site at a legal rate of speed, until said surface has been so repaired. (Amended by Ord. No. 142,123, Eff. 7/31/71.) If it is impracticable to maintain the surface of the backfill in safe condition for pedestrian travel or vehicular traffic, subject to concurrence by the inspector, then the permittee shall maintain barriers and lights around it in accordance with Subsection (g) hereof until the sidewalk and street pavements have been repaired. (Added by Ord. No. 142,123, Eff. 7/31/71.) (i) The street surface excavated or damaged shall be replaced by the Board, and the cost thereof shall be recovered by the Board in accordance with the provisions of Section of this Code. (Amended by Ord. No. 121,900, Eff. 6/4/62.) (j) In all cases where the public records of a public sewer, or house connection sewer, do not correctly represent the existing condition of or conditions surrounding such sewer, or where, in the opinion of the Board, the physical conditions are such that strict compliance with the provisions of Section to Section 64.22, inclusive, if unnecessary or unreasonable, the Board is granted the power to make modifications for individual cases, and determine the procedure to be followed, and its decision shall be final. (k) No person shall connect a 4-inch house sewer to a 6-inch house connection sewer without first installing a 6-inch by 4-inch by 4-inch increaser tee on the end of the 6-inch house connection sewer, or a six-inch by 4-inch increaser followed by a 4-inch by 4-inch by 4-inch tee branch. SEC BONDED SEWERS FEES. (Amended by Ord. No. 182,237, Eff. 9/28/12.) An applicant requiring issuance of a permit to connect to or construct a Special House Connection Sewer or Bonded Sewer House Connection Sewer must file an application with the Bureau of Engineering. The Bureau shall charge and collect, in addition to all other required fees and charges, the following fee where applicable: (a) For rectangular lots, a fee of $72 for each linear foot of the lot frontage for which the connection or construction is sought, except that for rectangular lots that have multiple frontages providing access to sewers, a fee of $72 for each linear foot of the shortest frontage. (b) For lots that are not rectangular, the Bureau shall calculate the area of the lot for which the connection or construction is sought, determine the size of a rectangular lot that would be equal in area, and impose a fee of $72 for each linear foot of frontage of the equivalent rectangular lot. (c) The Bureau of Engineering may reduce the total fee imposed pursuant to the provisions of Subsection (a) or (b) of this Section where it determines that the fee would exceed the fee amount charged with respect to other lots in the same bonded sewer area. (d) The provisions of this Section do not apply to permit applications for a Bonded Sewer House Connection Sewer where the lot for which the connection is sought was the subject of an assessment for a public sewer connection at the front, rear or side of the lot. Fees collected pursuant to the provisions of this Section shall be deposited into the Sewer Construction and Maintenance Fund established pursuant to the provisions of Section SEC REFUND OF SEWER FEES. (a) Any money collected or received by the City in accordance with Section , or may be refunded as provided in this Subsection, or may be credited pursuant to the provisions of Subsection (b) or (e) of this Section, and not otherwise, if a verified claim in writing is filed with the City Clerk accompanied by the original receipt or certificate for the fees collected. If said receipt or certificate cannot be located, an affidavit must be filed with the claim which satisfactorily explains why it cannot be located. Such refund shall be made only on the following conditions: (First Sentence Amended by Ord. No. 182,076, Eff. 4/6/12.) 1. Where payment was made per Section and tract proceedings have expired or been abandoned, the claim must be filed within one year from the date said proceedings expired or where abandoned.

121 2. Where payment was made per Section and a refund is due because the amount paid was more than that required for the developed property pursuant to Section , the claim must be filed after and within one year from the date the property was fully developed. 3. Where payment was made per Section or and a house connection permit to connect improvements to the public sewer was obtained per Section and where the house connection permit expired or was cancelled and said payment is no longer required, the claim must be filed within one year from the date said permit expired or was cancelled. 4. Where payment was made per Section or and no house connection permit to connect improvements to the public sewer was obtained, and said payment is not required, the claim must be filed within one year after expiration of the building permit, as such expiration is determined by Section of this Code. (Amended by Ord. No. 168, 533, Eff. 3/1/93.) 5. Where payment was made per Section l or and no house connection permit to connect improvements to the public sewer was obtained, the time for a plan check, including any extension, pursuant to Section of this Code, has expired, and no payment is required the claim must be filed within one year after the date of such expiration. (Added by Ord. No. 168, 533, Eff. 3/1/93.) 6. (Amended by Ord. No. 171,036, Eff. 6/6/96.) Where payment was made per Section for a new building and later a demolition occurs on the same lot or parcel, a refund shall be allowed for the demolished building subject to the following: (i) The demolition must occur within two years of the payment of the Sewerage Facilities Charge for the new building. (ii) The written application for refund must be made within one year of said demolition and must be accompanied by proof of demolition satisfactory to the City Engineer. The amount of the refund shall be the amount of monetary credit calculated per Section , Subsection (c), applicable to the demolished building at the time of sign-off of the Demolition Certificate but shall not exceed the amount of the charge which has been paid for the new building on the same lot or parcel. 7. (Former Subdiv. 6 Renumbered by Ord. No 168,533, Eff. 3/1/93.) Where payment was made per Section and thereafter a public sewer is constructed to serve such property and the property is assessed for the construction thereof, the claim must be filed within one year from the date notice is mailed to the last address of the owner of the land that the City Council has confirmed the final assessments for said sewer. 8. (Former Subdiv. 7 Renumbered by Ord. No 168,533, Eff. 3/1/93.) Where payment was made per any of the above sections and such amount was collected wholly or partially in error, or was in excess of that required by said sections, the claim must be filed within one year from the date the error was discovered or should have been discovered by any owner of the property for which payment was made. 9. (Former Subdiv. 8 Renumbered by Ord. No 168,533, Eff. 3/1/93.) Where payment has been made pursuant to Section or Section subsequent to December 15, 1981, and sewage from the subject property is or will be treated in the facilities of a Los Angeles County Sanitation District, the permittee or person making such payment may apply for a refund of 85% of the fee specified in Section or the applicable charge specified in Section The claims must be filed within one year from the date the payment is made or within one year from the effective date of the ordinance adding Subdivision 8 to Subsection (a) of this section, whichever period is longer. (Added by Ord. No. 157,145, Eff. 11/22/82.) 10. Where payment was made between May 8, 1988 and June 21, 1991, per Section or Section 64.18, and the project was subsequently canceled, the claim must be filed within one year of the effective date of this ordinance. (Added by Ord. No. 168,946, Eff. 9/2/93.) No refund shall be made of money collected pursuant to Section hereof, which must be paid to a school district or a department of this City, other than the Department of Public Works, in accordance with any ordinance of this City. (b) The right to any refund under this Section is payable to the permittee. After the time provided in this Section to apply for a refund expires, the right to a credit for a refund runs with the land, except for credits that are issued pursuant to the provisions of Subsection (e) of this Section. (Amended by Ord. No. 182,076, Eff. 4/6/12.) (c) Where a refund is due under the provisions of Subsection (a) of this Section or a refund credit is due pursuant to the provisions of Subsection (e) of this Section and the refund or refund credit does not exceed the sum of $25,000, the Board is authorized to make such refund or refund credit without the necessity of first receiving the approval of the City Council, and is authorized to cause a demand to be drawn on the general fund or any other fund in which the fees being refunded may have been deposited. (Amended by Ord. No. 182,076, Eff. 4/6/12.) (d) The provisions of this section shall not relieve any person from compliance with the provisions of Sections 363, 376 and of the Charter relating to the presentation of claims prior to the bringing of a suit or action thereon, or be deemed to limit or qualify the lawful right of any person to bring or maintain any action or proceeding based upon the general law of this State for any remedy provided by that law. (Amended by Ord. No. 146,426, Eff. 9/22/74.) (e) (Added by Ord. No. 182,076, Eff. 4/6/12.) The Board is authorized to use refund credits that run with the land authorized pursuant to the provisions of Subsection (b) of this Section to offset the increases to the Quality Surcharge Fee (QSF), which increases begin on the effective date of this Subsection and are imposed pursuant to the provisions of Subdivision (4) of Subsection D. of Section 64.30, if all of the following conditions are satisfied:

122 1. Payment for which a refund credit is authorized was made pursuant to Section or Section , and the current occupant of the property for which the payment was made is an SIU; 2. The SIU is also an owner of the property for which the payment was made; 3. The flow, as determined pursuant to the provisions of Section (f), from the property is less than the amount for which SFC payment was made; 4. The SIU can demonstrate that the reduced amount of flow identified in Subdivision 3. of this Subsection was caused by the use of water conservation practices, pretreatment of discharge, or use of environmentally responsible practices; and 5. The SIU, at the time of submission of the written claim to the City Clerk required by the provisions of Subsection (a) of this Section, is not delinquent in payment of any monies owed pursuant to any provision of this Article or Article 4.1. (f) The monetary value of a refund credit that may be offset against QSF fees as authorized pursuant to Subsection (e) of this Section shall be calculated based on the rate at which the fees for which a refund is requested were paid. (Added by Ord. No. 182,076, Eff. 4/6/12.) (g) Any refund credit that is used pursuant to the provisions of Subsection (e) of this Section to offset QSF fees will be removed from property records, and any future fee required for the property pursuant to the provisions of Section or Section will be calculated based on the rates in effect at the time the fee is imposed. (Added by Ord. No. 182,076, Eff. 4/6/12.) SEC SEWERAGE FACILITIES FUND. (a) There is hereby created a fund within the Board of Public Works Trust Fund to be known as the Sewerage Facilities Fund. (Amended by Ord. No. 140,190, Eff. 5/11/70.) (b) The Board is hereby authorized to use monies available in the Sewerage Facilities Fund in the Board of Public Works Trust Fund for financing the construction of outlet sewers for which the City is obligated by accepting charges in accordance with Section (Amended by Ord. No. 140,190, Eff. 5/11/70.) (c) The current and future unencumbered balances on completed projects in the Sewerage Facilities Fund are hereby transferred to the Sewer Construction and Maintenance Fund established by Section of this Code. (Added by Ord. No. 140,190, Eff. 5/11/70.) SEC SEWER CONSTRUCTION AND MAINTENANCE FUND. (Amended by Ord. No. 162,864, Eff. 11/22/87.) There is hereby established a special fund in the City Treasury entitled Sewer Construction and Maintenance Fund. The Council shall designate by ordinance those monies which shall be deposited on a regular basis into the Fund. All monies received from the sale of sewage derived energy shall also be deposited into the Fund as shall operation and maintenance payments received by the City from contracting agencies for sewer services provided by the City. Monies deposited into the fund shall not be subject to reversion to the Reserve Fund. Monies deposited into the Fund shall be expended only for sewer and sewage-related purposes including but not limited to industrial waste control and water reclamation purposes and including, but not limited to, funding of the Wastewater System Revenue Bonds Funds created by Section of the Los Angeles Administrative Code. Expenditures shall be made from the Fund as provided in the General City Budget or by Council resolution unless provided otherwise by ordinance, except however that monies in the fund which were received by the City subject to any limitations on their use may only be expended in accordance with those limitations. The Board of Public Works shall cause the necessary demands to be drawn upon monies approved for expenditure pursuant to the section except that expenditures for deposit into (a) the Wastewater System Revenue Bonds Funds shall be made as provided in Section of the Los Angeles Administrative Code and; (b) the Sewer Operation and Maintenance Fund and Sewer Capital Fund shall be made as provided for in Sections and of this Code, without such demands SEC SEWER OPERATION AND MAINTENANCE FUND. (Title and Section Amended by Ord. No. 162,864, Eff. 11/22/87.) There is hereby established a special fund in the City Treasury entitled Sewer Operation and Maintenance Fund. Monies shall be transferred by the Treasurer from the Sewer Construction and Maintenance Fund to the Sewer Operation and Maintenance Fund, on or before the twenty-fifth day of each month commencing on November 25, 1987, for the purpose of paying the operation and maintenance costs of the City s wastewater system, as directed by the Director of the Bureau of Accounting, Department of Public Works, with the concurrence of the Controller. Monies deposited in this Fund shall not be subject to reversion to the Reserve Fund. Such monies shall also be available, if needed, to fund the Wastewater System Revenue Bonds Funds created by Section of the Los Angeles

123 Administrative Code. Amounts may be advanced to the Sewer Capital Fund, if required, as directed by the Director of the Bureau of Accounting, Department of Public Works, with the concurrence of the Controller. SEC SEWER CAPITAL FUND. (Added by Ord. No. 162,864, Eff. 11/22/87.) There is hereby established a special fund in the City Treasury entitled Sewer Capital Fund. All monies received as capital payments from contracting agencies for sewer services and grant receipts shall be deposited into this Fund. Monies shall be transferred by the Treasurer from the Sewer Construction and Maintenance Fund to the Sewer Capital Fund, on or before the twenty-fifth day of each month commencing on November 25, 1987, provided there are otherwise sufficient funds available to make that month s transfers as required by Section of the Los Angeles Administrative Code, for the purpose of funding capital projects of the City s wastewater system, as directed by the Director of the Bureau of Accounting, Department of Public Works, with the concurrence of the Controller. Monies deposited in this Fund shall not be subject to reversion to the Reserve Fund. Such monies shall also be available, if needed, to fund the Wastewater System Revenue Bonds Funds created by Section of the Los Angeles Administrative Code. Amounts may be advanced to the Sewer Operation and Maintenance Fund, if required, as directed by the Director of the Bureau of Accounting, Department of Public Works, with the concurrence of the Controller. SEC TAPPING SEWERS, STORM DRAINS AND CATCH BASINS. (Amended by Ord. No. 182,237, Eff. 9/28/12.) (a) In addition to all other required fees and charges, where the Bureau of Engineering determines that an applicant for a permit pursuant to the provisions of Section must construct a connection to a sewer, storm drain or catch basin at a location where there is no existing connection, the Bureau shall charge and collect the following: 1. A fee of $72 for each required connection to a storm drain or catch basin. 2. Special Inspection Charges pursuant to the provisions of Section (a)(1)(cc) for connection to a sewer that is 18 inches in diameter or less. (b) Any permit issued by the Bureau of Engineering that requires an applicant to construct a connection to an existing sewer line at a place where there is no existing connection may impose conditions and requirements for making such connection, and the permit applicant must ensure compliance with all such conditions and requirements. No person shall fail, neglect or refuse to comply with any condition or requirement contained in any permit requiring a connection that is subject to the provisions of this Subsection. Conditions and requirements that the Bureau may impose pursuant to the provisions of this Subsection include, but are not limited to, the following: 1. Determining the means and methods of making a connection; 2. Requiring applicants to connect to a smaller sewer line that has sufficient capacity, if such a line is available; 3. Requiring applicants to utilize existing "wye" or "chimney" connections; 4. Requiring that a bonded sewer contractor perform work involving sewers 15 inches in diameter or less; 5. Requiring house connections to sewer lines 18 inches in diameter or larger to include a private trap; and 6. Requiring installation of a backflow device where a plumbing fixture or drain would be lower than the lid elevation of an adjacent maintenance hole cover. SEC EMERGENCY WORK. Nothing in this article shall be construed to prevent any person maintaining any house connection sewer in any street, by virtue of any law, ordinance or permit, from making such excavation as may be necessary for the preservation of life or property, when such necessity arises during such hours as the offices of the City are closed; provided, that the person making such excavation shall obtain a permit therefor within four (4) hours after the offices of the City are first opened subsequent to the making of such excavation. SEC BOARD TO KEEP ACCOUNTS. (a) The Board shall keep in proper books an accurate account of all money received and resurfacing charges due the City pursuant to Sections to inclusive, and shall pay all moneys received by it into the City Treasury upon the following business day. (b) The Board shall mail a statement to every person or to his designated agent on or before the last day of the month following the month in which the charges are determined showing the amount due the City for all work performed by the City under the provisions of Sections to 64.22, inclusive, of this Code.

124 Said amount due shall be paid within 15 days from the date on which the statement is mailed. (Amended by Ord. No. 112,719, Eff. 2/28/59.) (c) The decision of the Board, as to the cost of any work done, or repairs made by it, under its direction, pursuant to the provisions of Section shall be final and conclusive as to the cost thereof. (d) If it is found that a refund or an additional charge should be made pursuant to the provisions of Sections to 64.22, inclusive, of this Code, such refund shall be made from the General Fund. (Amended by Ord. No. 140,189, Eff. 5/11/70.) SEC PERMIT FEE EXEMPTIONS. (a) Waiver of Fees War Purposes Only. Whenever any officer, agency or instrumentality of the United States of America, engaged in the performance of duties directly related to the prosecution of the war in which the United States is engaged, applies to the Board for a permit for any of the purposes mentioned in Sections to inclusive, the Board shall waive the payment of any permit or inspection fees, deposits or special charges otherwise required by this article, and may modify the requirements of Section 64.17, if the Board finds that the proposed installation is designed and intended to be used to serve premises or facilities owned or operated by the Federal Government and used principally for purposes directly related to the prosecution of the war. (b) Effect of Grant. The grant of permission to make any such installation, extended under this section, shall not be construed to confer any permanent or vested right to the use of the streets or public property of this City, or to maintain, for a period of more than six months after the termination of the war, any installation made hereunder or any connection with a public sewer, except with the consent of the City Council which may be withdrawn, or extended, upon such terms as the Council may then or at any time thereafter impose. The use, directly or indirectly of any installation made pursuant to this section by anyone other than the applicant and those persons, firms or corporations which have equitably participated with the Federal Government in the cost of said sewer construction or installation as determined by the Board from certified copies of existing contracts between said parties and the Federal Government, shall be subject to such terms and conditions as the City Council may at any time impose. (c) Conveyance of Title to Right of Way Public Sewer. In the event that the Federal Government and the other parties in interest, as mentioned in Subsection (b) above, shall offer to convey all their respective right, title and interest to any sewer constructed hereunder, including all necessary rights of way for sewer purposes, without cost to the City of Los Angeles, and if the Board finds that the sewer may properly be used as a public sewer, to the substantial advantage of the City, then the Board is authorized to accept said sewer as a public sewer at such time as the Council has accepted all necessary easements therefor and the parties in interest, abovementioned, will be entitled to continue to use said sewer facilities without the payment to the City of any permit or other special fees or charges except those required by Section (d) City Engineer Approval Required. No permit shall be granted hereunder unless plans and specifications of the proposed installation have first been submitted to and approved by the City Engineer. SEC DRAINS, SEWERS, ETC. NOTICE OF ABANDONMENT. (a) Notice of Contents Thereof. When any zanja, drain, storm drain, storm water channel, watercourse, sewer, pipe or conduit which is the property of or under the control of this City is abandoned or the use thereof discontinued by the City, the Board is hereby authorized to give written notice thereof to the owners of or the persons in possession of all property served by or in any manner connected to or with any such zanja, drain, storm drain, storm water channel, watercourse, sewer, pipe or conduit, which notice may order, with regard to such zanja, drain, storm drain, storm water channel, watercourse, sewer, pipe or conduit, (1) that the use of any existing connections be discontinued and disconnected; (2) that the placing or discharging therein of any water waste matter articles, substance or material of any kind or nature whatsoever, or other use, be discontinued; and (3) any necessary work or repairs required to be done by said owners or persons in possession after such disconnection or discontinuance, which order shall designate the materials to be used and specify the manner in which said work shall be done and the time when such work or repairs shall be commenced and completed. Such notice may be served by delivering the same personally to said owners or persons in possession, or by posting the same upon said property. (b) Owner s Compliance with Notice. Any owner, agent or occupant of any such premises within seven days after service of the notice as provided in Subsection (a) of this section, shall comply with the provisions of said notice or order and shall commence the necessary work of disconnection, repair or reconstruction, and shall do the same in a manner, with the materials and within the time specified in said notice. (c) Failure to Comply with Notice. No person who is the owner, agent or occupant of any such premises where notice is given, as provided in this section, shall fail, refuse or neglect to disconnect any connections and to discontinue the use of any such zanja, drill, storm drain, storm water channel, watercourse sewer, pipe or conduit in any manner, or fail, refuse or neglect to begin the work required in said notice within the time given, or having begun such work to fail refuse or neglect to prosecute said work to completion in the manner, with the materials and within the time specified in said notice, unless a permit for a variance therefrom in writing shall have first been obtained from the Board. (d) Discharge into Abandoned Drains. No persons shall place or discharge any water, waste matter, or any article, substance or material of any kind whatsoever in any zanja, drain, storm drain, storm water channel, watercourse, sewer, pipe or conduit, which has been abandoned or the use of which has been discontinued, or make or maintain any connection with or to any such zanja, drain, storm drain, storm water channel, watercourse, sewer, pipe or conduit, unless a permit in writing shall have first been obtained from the Board.

125 (e) Tampering with Drain. No person shall in any manner tamper with, open, cut, break or destroy any zanja, drain, storm drain, storm water channel, watercourse, sewer, pipe or conduit, whether abandoned, in use, or otherwise, unless a permit in writing shall first have been obtained from the Board. SEC INVESTIGATION ON PRIVATE PROPERTY. The Board of Public Works or any of its authorized representatives may make such inspections or investigations as said Board deems necessary at any reasonable time, in any building, premises or lot for any of the purposes set forth in this section. No person shall interfere with, prevent or refuse to permit the entry of said Board or any of its authorized representatives into or upon any building, premises or lot for any of the purposes set forth in this section. (Amended by Ord. No. 113,953, Eff. 8/23/59.) (a) To determine the size, depth and location of any sewer or storm drain connection. (b) To determine the outlet of any sewer or storm drain connection by depositing testing materials in any plumbing fixture attached thereto and flushing the same, if necessary. (c) To determine by measurements and samples the quantity and nature of sewage or waste water being discharged into any sewer, storm drain or water course. (d) To inspect, test, and sample the discharge of any device used to prevent the discharge into any seer, storm drain or water course of illegal waste or illegal quantities of waste, such as floor drains, sand boxes, grease traps or other clarifiers, also, of those devices used to grind, shred, pulverize, or otherwise treat garbage or industrial waste, before discharging same into a sewer or storm drain. (e) (f) To determine the location of roof, swimming pool and surface drains, and whether they are connected to a street gutter, storm drain or sewer. To determine the nature and quantity of flow in any open water course or storm drain. (g) To locate, inspect, test, and sample the discharges to, from and within a PSDS. (Added by Ord. No. 160,388, Eff. 10/21/85.) SEC MANDATORY ABANDONMENT OF PRIVATE SEWAGE DISPOSAL SYSTEMS. (Added by Ord. No. 160,388, Eff. 10/21/85.) A. General Provisions. 1. Purpose. The purpose of this section is to protect and preserve the water quality of the groundwater basins located generally in the San Fernando Valley and certain adjacent areas by phasing out the use of private sewage disposal systems employed by commercial and industrial uses, and in multiple residential units. The continued use of private sewage disposal systems by commercial and industrial uses in the San Fernando Valley and certain adjacent areas is declared to be a threat to the quality of the ground water and to the public health. Therefore, the City is providing a systematic method of requiring both the connection to public sewers and permanent abandonment of private sewage disposal systems. 2. Scope. This section shall apply to all private sewage disposal systems in the City of Los Angeles located northerly of the boundary line described as follows: Beginning from the west at the intersection of Mulholland Highway and the City boundary, thence along Mulholland Highway in a northerly direction to the intersection with Mulholland Drive, thence along Mulholland Drive in an easterly direction to the intersection of Mulholland Drive and Laurel Canyon Boulevard, thence northerly along Laurel Canyon Boulevard to the intersection of Laurel Canyon Boulevard and the Los Angeles River, thence along the Los Angeles River in an easterly and then southerly direction to the intersection of the Los Angeles River and the Glendale Freeway, thence along the Glendale Freeway in a northerly direction to the City boundary. B. Definitions. For purposes of this section, Notice to Connect shall mean a notice to connect to a public sewer and to abandon a Private Sewage Disposal System (PSDS) as defined at Number 42.5 in Section of this Code. C. Issuance Of Notice To Connect To The Public Sewer And To Abandon A PSDS. 1. Issuance by Director. When connection to a public sewer is available or becomes available for a lot upon which a PSDS is located, the Director shall issue a Notice to Connect to the owner of the lot as identified on the Los Angeles County equalized assessment roll or as known to the City Engineer. The Director may, in addition, issue a copy of a Notice to Connect to any person using or maintaining the PSDS. (Amended by Ord. No. 181,595, Eff. 4/10/11.) (a) When Sewer is Available. A public sewer is available when it is located in any public street or easement abutting a lot. (b) Phasing. The Board shall adopt standards for the issuance of Notices to Connect to be administered on a phased basis. The standards shall permit the Director to give priority to lots located in areas where the Department of Water and Power has determined the underlying

126 groundwater has been contaminated by industrial chemicals. (c) Exemption. If a PSDS is in compliance with all applicable laws, rules, and regulations, and is located on a lot occupied by four or fewer units which are used solely for residential purposes, it shall be exempt from the requirements of this section and the Director shall not issue a Notice to Connect for such PSDS. 2. Time for Compliance. The Notice to Connect shall be fully complied with no later than one year from the date of issuance of the Notice to Connect, provided however, that if the Director finds that a PSDS is not in compliance with any applicable law, rule, or regulation, the Notice to Connect shall provide for full compliance within 30 days of the issuance of the Notice to Connect. 3. Contents of a Notice to Connect. A Notice to Connect shall; (a) (b) (c) (d) identify, by address, the property to which it is directed; state that the Director has determined that a public sewer is available for that lot; require discontinued use of the PSDS after the time specified in the notice and connection to a public sewer, or vacation of the premises; require full compliance within the time limit specified in the Notice; (e) describe the procedures whereby an application for variance may be filed within 90 days of the date of issuance of the Notice to Connect; and (f) advise that failure to comply may result in discontinuance of water service and referral to the City Attorney for appropriate criminal and/or civil action. The Notice to Connect may also include references to the payment of fees and the procedures for obtaining any required permits for connection to a public sewer and abandonment of the PSDS. At the time of issuance of the Notice to Connect, the Director shall provide to the person to whom the Notice is issued a document which briefly explains the purpose and scope of the program and its system of administration, and indicates whom to contact for further information. 4. Subsequent Notices. The Director shall issue the following subsequent notices in cases where the Notice to Connect provides for full compliance within one year: (a) Reminder Notice. If full compliance with the requirements of a Notice to Connect has not been achieved four months prior to the date specified for such full compliance in the Notice to Connect, the Director shall issue a Reminder Notice which shall repeat the deadline for compliance and the possible sanctions for failure to comply; (b) Final Notice. If full compliance with the requirements of a Notice to Connect has not been achieved one month prior to the date specified for such full compliance in the Notice to Connect, the Director shall issue a Final Notice which shall repeat the deadline for compliance and the possible sanctions for failure to comply. 5. Service of Notices. Each of the Notices described in this section shall be either personally delivered or sent by certified mail with return receipt requested. 6. Effect of Failure To Issue or Receive Subsequent Notices. Failure to issue or receive a Reminder Notice, Final Notice, or Notice of Violation shall not relieve any owner or person using or maintaining a PSDS from the duty to comply with the Notice to Connect and shall not be a defense to a criminal or civil enforcement action. D. Compliance With Notice To Connect: Every owner of a lot upon which a PSDS is located, and every person using or maintaining a PSDS, shall comply with the requirements of a Notice to Connect, or Notice to Connect modified by any variance granted in accordance with Subsection E of this section which is issued for that PSDS. Notwithstanding any other provision of this Code to the contrary, no person shall permit or cause the discharge of any wastewater to a PSDS after the compliance date specified in a Notice to Connect issued for that PSDS, as modified by any variance granted in accordance with Subsection E of this section. E. Variances 1. Application to Director. Any person who owns, uses, or maintains a PSDS which is in compliance with all applicable laws, rules, and regulations who has received a Notice to Connect, upon payment of a fee of $100, may file with the Director within 90 days of the date of issuance of the Notice to Connect, an application for a variance from the requirements of this section. 2. Discretion of Director. The Director may grant a variance from the requirements of this section, including an extension of the deadline for compliance specified in a Notice to Connect, if the Director finds that the applicant has demonstrated that:

127 (a) the strict application of the requirements of this section will result in extreme hardships unessential to the overall purpose of such requirements; and (b) concern. the continued operation of the subject PSDS will not have any significant adverse effect upon water quality in the groundwater basin of The determination of the Director shall be supported by written findings of fact. The Director may impose reasonable conditions upon the granting of a variance, including a requirement that connection to a public sewer and disconnection and abandonment of a PSDS occur within 60 days or a change of ownership of the property. The effective period of any variance granted to an applicant shall not exceed two years. Renewal of a variance shall be required by the applicant in writing and shall be at the discretion of the Director in accordance with the provisions of this subsection. The Director shall act upon an application for a variance within 60 days of its filing. 3. Appeal to Board. An appeal from a determination by the Director may be filed with the Board by the applicant or any person aggrieved by the determination upon payment of a fee of $100, or by any officer, board, department or bureau of the City. Appeals shall be filed with the Secretary of the Board within fifteen days of the Director s action on the application for variance. The Board, after notice duly given, shall hear and act upon the appeal, within 90 days of its filing. If the Board fails to act within 90 days of the filing of an appeal, the decision of the Director shall be deemed affirmed. In considering appeals the Board shall be subject to the same limitations as are applicable to the Director under Paragraph 2 of this subsection. 4. Appeal to Council. If the applicant for a variance or any other person aggrieved, or any officer, board, department or bureau of the City is dissatisfied with the Board s determination; or if the Board has failed to act within 90 days of the filing of an appeal, a new appeal may be taken to the City Council upon payment of a fee of $100. Appeals to the City Council shall be filed with the City Clerk within 15 days of the Board s determination or the close of the 90 days in which the Board may act, whichever comes first. The City Council shall act upon the appeal within 90 days of its filing. If the City Council fails to act within 90 days of the filing of an appeal either the decision of the Board shall become final or, if the Board failed to act within 90 days, the decision of the Director shall become final. In considering appeals the Council shall be subject to the same limitations applicable to the Director under Paragraph 2 of this subsection. 5. Fee Waiver. Notwithstanding any other provisions of this Code to the contrary, no department, bureau, officer or board of this City shall pay any fee required by this section for appeal. F. Rules And Regulations. The Board may adopt rules or regulations governing the procedures to be followed in carrying out the provisions of this section. G. Enforcement. 1. If full enforcement with the requirements of this section has not been achieved by the deadline for full compliance provided in the Notice to Connect, as modified by any variance, the Director shall do all of the following: (a) issue a Notice of Violation to the owner of the affected property and the person using or maintaining the PSDS. (b) provide to the City Attorney copies of the applicable Notice to Connect, Reminder Notice, Final Notice, and Notice of Violation, and proof that such notices were delivered or mailed, together with any responses to such notices which may have been received by the Director, and the records concerning any application for variance and any appeal therefrom which may have been filed. (c) provide to the Department of Water and Power a copy of the Notice of Violation. A written request that water service be discontinued at the affected property may also be filed with said department if deemed appropriate by the Director; and (d) provide to the Superintendent of Building a copy of the Notice of Violation. Any building which is the subject of a Notice of Violation is hereby declared to be a public nuisance and the Director may request the Superintendent of Building to order that the subject building be vacated and remain vacated until full compliance with the Notice to Connect has been achieved. 2. Upon receipt of the Notice of Violation and request described in this subsection, the Department of Water and Power shall initiate procedures to discontinue water services, if specified by the Director, after providing reasonable notice thereof to the occupying party and the owner of the property, and the Department of Building and Safety. Upon receipt of notification from the Director that compliance has been achieved, the Department of Water and Power shall act to reinstitute normal water service. 3. Notwithstanding any provision of this Code to the contrary, upon receipt of the Notice of Violation and notice that the Department of Water and Power intends to discontinue water service, the Superintendent of Building shall order the subject building to be vacated in accordance with the procedures set forth in Section of this Code.

128 SEC INDUSTRIAL WASTEWATER DISPOSAL. (Amended In Entirety by Ord. No. 173,980, Eff. 7/1/01.) A. General Provisions. 1. Policy. It is the policy of the City of Los Angeles to assure that the highest and best use of the Publicly Owned Treatment Works (POTW) is for the collection, treatment and disposal of domestic wastewater. The use of this system for industrial wastewater is a privilege which is subject to the requirements of this section. 2. Objectives. This section sets forth uniform requirements for direct and indirect dischargers to the POTW. Through a permit and inspection program administered under the jurisdiction of the Board, the City seeks to comply with all applicable State and Federal laws. As a part of the permit and inspection program provided herein, the Board and the Director shall have the power, jurisdiction, and supervision over places of discharge of wastewater into the POTW, necessary to adequately enforce and administer all laws and lawful standards and orders, or special orders, to assure the implementation of the following objectives: (a) Prevent any discharge into the POTW which may interfere with the operations thereof; (b) Prevent any discharge into the POTW which will pass through the POTW, inadequately treated, into receiving waters, land or the atmosphere or otherwise be incompatible with the POTW; (c) (d) Protect the POTW, from damage by any pollutants; Provide the opportunity to recycle and reclaim sludges and wastewater from the POTW; (e) Provide for recovery of costs, including administration, implementation and enforcement of the program established herein, associated with the discharge of wastewater to the POTW; (f) (g) (h) Protect the life, health, and safety of operating and maintenance personnel; Preserve hydraulic capacity in the POTW; Insure the health, safety and welfare of the public. 3. Scope. This section provides for the regulation of dischargers to the POTW through the issuance of Industrial Wastewater Permits containing specific discharge requirements and through enforcement of general discharge prohibitions; authorizes monitoring and enforcement activities; imposes reporting requirements on specific permittees; and sets fees for the recovery of program costs. This section shall apply to all dischargers within the City of Los Angeles and to all persons outside the City of Los Angeles who discharge to the City s POTW except as otherwise provided herein, the Director of the Bureau of Sanitation under the jurisdiction of the Board of Public Works shall administer, implement and enforce the provisions of this section. B. Regulations. 1. Prohibitions: (a) Discharge Prohibitions. Except as expressly allowed in an Industrial Wastewater Permit, no person shall discharge, permit the discharge, cause the discharge or contribute to the discharge of the following to the POTW: (1) Gasoline, mercury, total identifiable chlorinated hydrocarbons, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, solvents, pesticides or jet fuel. (2) Any liquids, solids or gases which by reason of their nature or quantity are flammable, reactive, explosive, corrosive, or radioactive, or by interaction with other materials could result in fire, explosion or injury. (3) Any solid or viscous materials which could cause obstruction to the flow or operation of the POTW. (4) Any toxic pollutants in sufficient quantity to injure or interfere with any wastewater treatment process, including private pretreatment systems, to constitute a hazard or cause injury to human, animal, plant or fish life, or to exceed any limitation set forth in this Section. (5) Any noxious or malodorous liquids, gases, or solids in sufficient quantity either singly or by interaction with other materials to create a public nuisance, hazard to life, or to prevent entry of any person to the POTW. (6) Any material of sufficient quantity to interfere with any POTW treatment plant process or to render any product thereof unsuitable for reclamation and reuse.

129 (7) Any material in sufficient quantity to cause the POTW to be in noncompliance with biosolids use or disposal criteria, guidelines or regulations in conjunction with Section 405 of the Act, the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, the Marine Protection Research and Sanctuaries Act, or State criteria (including those contained in any state sludge management plan prepared pursuant to Title II of SWDA) applicable to the biosolids management method being used. (8) Any material which will cause the POTW to violate its NPDES Permit, applicable Federal and State statutes, rules or regulations. (9) Any wastewater containing pigment which is not removed in the ordinary POTW treatment process and which creates a visual contrast with the material appearance of the POTW discharge observable at the point of POTW discharge. (10) Any wastewater having a heat content in such quantities that the temperature of the wastewater at the introduction into the POTW Collection system exceeds 140 degrees Fahrenheit, or at the introduction into the POTW treatment plant exceeds 104 degrees Fahrenheit. (11) Any pollutants, including oxygen demanding pollutants, released at a flow rate or pollutant concentration which will cause or contribute to interference, as that term is defined in Section (12) Any storm water collected and discharged to the POTW, except as specifically authorized by the Director. (13) Single pass cooling water in excess of 200 gallons per day discharged to the POTW. However, the blowdown or bleedoff from cooling towers or other evaporative coolers may be accepted into the POTW. (14) Any wastewater which constitutes a hazard or causes injury to human; animal, plant or fish life or creates a public nuisance. (15) Recognizable portions of the human or animal anatomy. (16) Floatable material which is readily removable. (b) Prohibitions Against Interference, Hazard, or Injury to Human, Animal, Plant, or Fish Life. Except as expressly allowed in an Industrial Wastewater Permit, no person shall discharge, permit the discharge to, cause the discharge or contribute to the discharge to the POTW, any material of sufficient quantity which, singly or by interaction with other materials, interferes with the POTW treatment plant process or renders any product thereof unsuitable for reclamation and reuse, causes the POTW to be in noncompliance as that term is used with respect to provisions listed in Paragraph (a)(7) above, or which constitutes a hazard to or which may cause injury to human, animal, plant or fish life. In the provision hereof, assuming violation of no other provision hereof, the violator shall be subject only to imposition of further permit conditions, administrative orders, permit suspension or revocation. 2. Pollutant Limitations. (a) Specific Pollutant Limits. No person shall introduce wastewater to the POTW that exceeds the following limitations: Arsenic 3 mg/l Cadmium 15 mg/l Copper 15 mg/l Cyanide (Total) 10 mg/l Cyanide (Free) 2 mg/l Dissolved Sulfides 0.1 mg/l Lead 5 mg/l Nickel 12 mg/l ph Range Silver 5 mg/l Total chromium 10 mg/l Zinc 25 mg/l Dispersed oil and grease (Total) 600 mg/l Floatable oil and grease None Visible The above limitations shall not apply where more restrictive limitations are imposed by permit or National Categorical Pretreatment Standards. (b) Radioactive Wastes. No person shall discharge radioactive wastes except in accordance with the State of California Administrative Code, Title 17, Public Health, Regulations of the Bureau of Radiological Health. (c) Infectious Wastes. No person shall discharge infectious waste, unless such waste is ground in a grinder which meets the Board s fineness of grind requirements as set forth in Paragraph (e) of this Subdivision 2 and is discharged into the POTW. Entry to the grinding mechanism

130 shall be restricted to a 6-inch by 9-inch opening. The material shall be segregated from other solid wastes and shall be contained in plastic bags or other suitable disposable containers which shall not exceed five (5) gallons capacity and shall be colored red for identification. Container and contents shall be weighed and recorded prior to disposal. These records shall be made available to the Board for inspection. (d) Human or Animal Anatomy. Recognizable portions of the human or animal anatomy shall not be ground or discharged to the POTW. (e) Grinder Wastes. (Amended by Ord. No. 174,047, Eff. 8/5/01.) The use of garbage grinder to discharge food wastes from commercial kitchens, markets, or food plants to the POTW is prohibited unless expressly allowed by the Director. When the use of a grinder is allowed, the following fineness of grind requirements shall be met at all times. (1) At least 40% shall pass a No. 8 sieve. (2) At least 65% shall pass a No. 3 sieve. (3) 100% shall pass a 1/2-inch screen. (f) Sharps. No person shall discharge sharps unless ground in an approved grinder capable of meeting the Board s fineness of grind requirements set forth in Paragraph (e) of this subdivision, and discharged to the POTW. Sharps shall be ground by an approved grinder not exceeding five (5) horsepower. 3. National Categorical Pretreatment Standards (NCPS). (a) Standards. Upon the promulgation of mandatory NCPS for any industrial category, the NCPS, if more restrictive than limitations otherwise imposed under this section, shall apply. A discharger shall comply with applicable NCPS as set forth in 40 CFR Part 401 et seq. (b) Compliance Schedule. The Director may impose a phased compliance schedule to ensure that affected industries meet the NCPS. Failure to meet the phased compliance schedule may result in permit revocation. 4. Dilution. No discharger shall use any water to dilute any pollutant to achieve compliance with the discharge limitations contained in this section. 5. Uncontrolled Discharges. (a) Containment of Uncontrolled Discharges. Upon written notification by the Director, dischargers shall provide spill containment for uncontrolled discharges of prohibited material or other substances regulated by this section. Facilities to contain spills shall be provided and maintained at the discharger s own cost and expense. Dischargers so notified shall provide detailed spill containment plans, including facilities and operating procedures, to the Director for review. Such plans shall be approved by the Director before commencement of construction of the facility. Construction shall be completed within the time period designated by the Director. Review and approval of spill containment plans and operating procedures shall not relieve the discharger from the responsibility to modify its facility as necessary to meet the requirements of this section. (b) Notification of Uncontrolled Discharges. In the event of an uncontrolled discharge, the discharger shall immediately notify the Director of the incident by telephone. The notification shall include location of discharge, type of material, concentration and volume, and corrective actions taken. (c) Written Report Describing Uncontrolled Discharges. Within ten (10) days following the uncontrolled discharge, the discharger shall submit to the Director a detailed written report describing the cause of the discharge, corrective action taken, and measures to be taken to prevent future occurrences. Such notification shall not relieve the discharger of liability or fines incurred as a result of this uncontrolled discharge. (d) Notice to Employees; Notification to Director of Uncontrolled Discharge. A legible, understandable and conspicuously placed notice shall be permanently posted on the discharger s bulletin board or other prominent place advising employees to call the Director, in the event of an uncontrolled discharge, as soon as possible or within one hour of the discharge, and to provide at least the information listed below. In the event of a substantial number of the discharger s employees use a language other than English as a primary language, the notice shall be worded in both English and the language or languages involved. The notice shall set forth the current phone number of the Director, and shall identify the following as the minimum necessary information which is to be provided to the Director: C. Administration. (1) Time, location, type, concentration and volume of discharge. (2) Corrective action taken. Employers shall insure that all employees in a position to cause or allow an uncontrolled discharge to occur are advised of this notification procedure. 1. Industrial Wastewater Permit.

131 (a) Application. No person shall discharge industrial wastewater to the POTW without permission as provided in an Industrial Wastewater Permit. The permit shall not be issued until determination has been made by the Board that the wastewater to be discharged shall not violate any provisions of this Code, the Board s Rules and Regulations, the water quality objectives for receiving waters established by the California Water Quality Control Board, Los Angeles Region, or any applicable federal or state statutes, rules or regulations. Such determination shall be made from the information set forth in the application for permit. (b) Permit Information. A separate permit shall be required for each point of discharge to the POTW. In connection therewith, the applicant may be required to furnish the following: (1) (Amended by Ord. No. 177,614, Eff. 7/19/06.) The name and address of the applicant; (2) The name and address of the discharger; (3) The address or location of the premises where the discharge will take place; (4) The Standard Industrial Classification (SIC) of the discharger; (5) Information with respect to constituents and characteristics of wastewater proposed to be discharged, including, but not limited to, those referred to in Subsection B of this section. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended, and by laboratories certified by the State of California. In the absence of a State certification process, the Director may certify a laboratory to perform necessary sampling and analysis; (6) Time and duration of the proposed discharge or discharges; (7) Average daily and 5-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any; (8) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers and storm drains, connections and appurtenances by their size, location and elevation. (9) Description of activities, facilities and plant processes on the applicant s premises, including all pollutants which could be discharged. (10) Detailed plans showing pretreatment facilities, sampling facilities, uncontrolled discharge containment facilities, and operating procedures. (11) Identification of the nature and concentration of any pollutant located at the premises of the discharger (and/or applicant if different) if that pollutant is prohibited from discharge under Subdivision 1 of Subsection B of this section, or any proposed discharge which is regulated as provided in Subdivision 2 of Subsection B of this section, plus a statement specifying whether the specific limitations set forth in said Subdivision 2 are being met, and, if not, what additional Operation and Maintenance (O & M) or pretreatment is proposed by the discharger to cause compliance; (12) The shortest time schedule by which the discharger shall provide the necessary additional pretreatment, if additional pretreatment or O & M will be required to meet the regulations in Subsection B of this section. Any completion date in such a proposed schedule shall not be later than the compliance date established by the applicable regulation. (13) The schedule shall provide for reporting increments in progress in the form of dates for commencement and completion of major events leading to the construction and operation of additional pretreatment necessary for the discharger to meet the applicable regulation (e.g., hiring an engineer, completing preliminary and final plans, executing contract for major components, commencing construction, completing construction). (14) After permit issuance, progress reports shall be submitted subject to the same limitations set forth in Subparagraph (7) of Paragraph (h) of Subdivision 2 of this Subsection C, except that time limits specified pursuant to this section for reporting, commencement and completion of major events leading to the construction and operation of additional pretreatment required for the discharger to meet the applicable regulations may be extended by mutual consent of the discharger and the Director, and provided however, that in no event shall any such date be extended beyond the compliance date established by the applicable regulation. (15) Each product of the discharger by type, amount, and rate of production; (16) Type and amount of raw materials processed by the discharger (average and maximum per day); (17) Number of employees, hours of operation of plant, and hours of operation of the proposed pretreatment system; (18) Copies of any current City Business License, NPDES Permit, South Coast Air Quality Management District Permit, Regional Water Quality Control Board Permit and State Department of Health Services Permit for the subject premises;

132 (19) The name, business address, and motor vehicle driver s license number of the authorized representative; (20) Any other information deemed by the Director to be necessary to evaluate the permit application. (21) The application shall be signed under penalty of perjury by the authorized representative of the discharger. After evaluation and acceptance of the data furnished, the Board may issue an Industrial Wastewater Permit subject to the terms and conditions imposed by the Director pursuant to Paragraph (c) of this Subdivision as stated herein. Granting of the permit shall not relieve the discharger from the responsibility for compliance with all provisions of this section. By acceptance of a permit, the applicant thereby delegates authority to the Director to enter the premises of the applicant as necessary for purposes of inspection and maintenance with respect to any wastewater discharge therefrom. (c) Exemptions. An Industrial Wastewater Permit is not required for the following dischargers or discharges to the POTW: (1) (Amended by Ord. No. 177,614, Eff. 7/19/06.) An FSE that does not potentially generate waste FOG during food preparation processes, and does not significantly affect the POTW, as determined by the Director, provided that the FSE has implemented and demonstrates compliance with BMP requirements as specified in the Rules and Regulations; (2) Bleed-off or blowdown from cooling towers, evaporation condensers or other recirculating water devices with rated capacity of 25 tons or less, (3) Self-service laundries with washing machines of 20 pounds maximum capacity, with further allowance that the facility may also have a maximum of two machines with maximum 50-pound capacity of each, (4) Discharges from establishments wherein the industrial wastewater discharge is less than 200 gallons per day (gpd) and pretreatment is not required. (d) Permit Conditions. Industrial Wastewater Permits shall be subject to all provisions of this Code, all other applicable statutes, rules and regulations, and fees and charges established by the City. The Director shall have authority to impose permit conditions including the following: (1) Limits on the average and maximum wastewater constituents and characteristics; (2) Limits on average and maximum rate and time of discharge; (3) Limits regarding the discharge of specific pollutants; (4) Requirements for installation and maintenance of inspection and sampling facilities and uncontrolled discharge containment facilities; (5) Requirements, which may include specific sampling locations, frequency of sampling, times of sampling, number, types, test standards and reporting schedules, for monitoring programs; (6) Compliance schedules; (7) Requirements for submission of technical or discharge reports; (8) (Amended by Ord. No. 174,047, Eff. 8/5/01.) Requirements for maintaining and affording City access to plant records relating to discharges, including hauled waste records and manifests; (9) Requirements for notification of the City of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents; (10) Requirements for notification of slug discharges; (11) (New Subpara. 11 Added by Ord. No. 174,047, Eff. 8/5/01.) The Director may require all industrial users to install pretreatment systems, upgrade existing pretreatment systems and/or install additional pretreatment systems, implement Best Management Practices, and any other conditions deemed appropriate to achieve the objectives of this ordinance as defined in Subsection A Subdivision 2 of LAMC (12) (Subpara. 11 Renumbered Subpara. 12 by Ord. No. 174,047, Eff. 8/5/01.) Other conditions deemed appropriate by the Director to ensure compliance with this section. (e) Change of Ownership or Location. An Industrial Wastewater Permit shall not be transferable, by operation of law or otherwise, either from one location to another, or from one person to another. For purposes of this subdivision, statutory mergers or name changes shall not constitute

133 a transfer or a change in ownership. Following a change in ownership, and upon application for a new Industrial Wastewater Permit, a temporary permit may be issued by the Director for a period of no more than 180 days pending the issuance of such new permit. (f) Delayed Commencement of Discharge. All permitted discharges must commence within 180 days from the effective date of the Industrial Wastewater Permit or the permit is deemed void. (g) Duration of Industrial Wastewater Permit. Except as otherwise provided herein, Industrial Wastewater Permits may be issued for a specified time period and may be subject to expiration and renewal as determined by the Director. Industrial Wastewater Permits for Significant Industrial Users shall have a duration or effective life not to exceed three (3) years from the date of initial issuance or reissuance. (h) Permit Renewal. Applications for permit renewal shall be filed with the Director a minimum of ninety (90) days prior to the permit expiration date. (i) Administrative Permit Cancellation. As part of permit administration, the Director may cancel any Industrial Wastewater Permit with the express written consent of the permittee or upon verification that one or more of the following conditions exist: (1) The permittee is not a batch treatment discharger and has permanently ceased the discharging of industrial wastewater to the POTW; or changes in the industrial process or reduction of discharge levels occur such that an Industrial Wastewater Permit is no longer required as provided by the exemption provisions of this subsection; or (2) Changes in industrial process or reduction of discharge levels occur such that an Industrial Wastewater Permit is no longer required as provided by the exemption provisions of this subsection; or (3) Change of business ownership; or (4) Change or abandonment of the site or location described by the permit. (j) Permit Reinstatement. Notwithstanding any other provisions of this Code, a permit which has been administratively canceled pursuant to Paragraph (i) of this subdivision, shall be reinstated upon the written request of the permittee and upon approval by the Director. Request for reinstatement under this paragraph must be made within 180 days from the effective date of cancellation. Administrative permit cancellation, pursuant to Paragraph (i) of this subdivision, shall not be used in lieu of the enforcement remedy set forth for permit suspension or revocation, as provided in Subsection E of this section. (k) Private Septage Disposal Facilities (PSDF). PSDFs discharging to the POTW shall be subject to all provisions of this Section including the following specific requirements. (1) PSDF s shall be required to maintain an Industrial Wastewater Permit. Exemptions under Paragraph (c) of Subdivision 1 of Subsection C of this Section shall not apply to private septage disposal facilities. (2) All waste discharged through a PSDF shall be subject to discharge prohibitions under Subdivision 1 of Subsection B of Section and specific pollutant limitations under Subdivision 2 of Subsection B of Section (3) In cases where hauled septage is discharged at a facility in addition to any discharge from any other industrial operations performed at that site, a separate industrial wastewater permit shall be required specifically for the discharge of hauled septage in addition to any other required industrial wastewater permit(s). (4) (Amended by Ord. No. 174,047, Eff. 8/5/01.) Additional regulations regarding the operation of PSDFs are specified in the Board s Rules and Regulations. All PSDFs shall be required to comply with these Rules and Regulations. (l) Food Service Establishment (FSE) Requirements. (Amended by Ord. No. 177,614, Eff. 7/19/06.) All FSEs must implement and demonstrate compliance with Best Management Practices (BMP) requirements as specified in the Board s Rules and Regulations. FSEs that are required to maintain an Industrial Wastewater Permit are also required to install, operate, and maintain an approved type and adequately sized, remotely located and readily accessible, grease interceptor, unless a conditional waiver is granted by the Director. All FSEs to be newly constructed are subject to grease interceptor requirements and shall not qualify for a conditional waiver unless exempt as specified in Section C.1.(c)(1). Existing FSEs with planned modifications having a building permit valuation of $100,000 or more are also subject to grease interceptor requirements and shall not qualify for a conditional waiver unless exempt as specified in Section C.1.(c)(1). Additional regulations regarding FSEs are specified in the Board's Rules and Regulations. All food service establishments are required to comply with these Rules and Regulations. (1) Grease Interceptor Specifications. All grease interceptors must meet the specifications as set forth in Sections through of the City of Los Angeles Plumbing Code.

134 (2) Conditional Waiver from Grease Interceptor Installation Requirements. Under the sole discretion of the Director, an FSE determined to have no immediate adverse impact on the POTW may be granted a conditional waiver from grease interceptor installation requirements. The Director may, at any time, revoke this conditional waiver and require the FSE to install a grease interceptor. (3) Variance to Allow Alternative Grease Removal Devices. If an FSE can demonstrate that installation of a grease interceptor is not feasible due to space constraints or other considerations, the Director may issue a variance from grease interceptor requirements and authorize the installation of alternative grease removal devices. Alternative grease removal devices include, but are not limited to, devices that are used to trap, separate and hold grease from wastewater and prevent it from being discharged into the POTW. All alternative grease removal devices must be approved by the Director, on a case-by-case basis. The FSE must also demonstrate that BMPs have been implemented. 2. Reporting Requirements. (a) Federal Reporting Requirements and Additional Reporting Requirements. Notwithstanding the reporting requirements set forth in 40 CFR Part 403, including, but not limited to, the requirements as set forth in 40 CFR , the Director may impose additional reporting requirements by permit or otherwise. (b) Reporting by Dischargers Subject to NCPS. Unless required more frequently or otherwise specified by the Director, dischargers which are subject to NCPS shall submit, to the Director, semi-annually, a Periodic Compliance Report which shall contain, at a minimum, the information required by 40 CFR (e). The Director may require a discharger to submit such reports on a more frequent basis and may base such decision upon the amount of discharge or other site-specific concerns the Director may have pertaining to the discharge. In addition, dischargers that are subject to NCPS shall submit Baseline Monitoring Reports (BMRs) and Reports on Compliance (RC) in accordance with the General Pretreatment Regulations for Existing and New Sources of Pollution (Title 40, Code of Federal Regulations, Part ). (c) Reporting by SIUs not Subject To NCPS. Unless required more frequently by the Director, dischargers which are Significant Industrial Users but are not subject to NCPS shall submit to the Director semi-annually a report indicating the nature, concentration and flow of pollutants in the effluent which are required to be reported by the Director. At a minimum, the report shall contain the information required by 40 CFR (h). (d) Production Data. The Director may require any discharger to submit production data. At a minimum, dischargers subject to equivalent mass or concentration limits or subject to production-based NCPS shall report production data as follows: (1) Dischargers subject to NCPS in which equivalent mass or concentration limits are established by the Director in accordance with 40 CFR 403.6(c) shall report a reasonable measure of long term production rate (based upon the criteria used for developing the discharger s effluent limitations) in its Report on Compliance and its Periodic Compliance Reports, as applicable. In addition, such dischargers shall notify the Director in accordance with Paragraph (e) of this Subdivision after the discharger has a reasonable basis to know that the production level will significantly change within the next calendar month. (2) All other dischargers subject to NCPS expressed in terms of allowable pollutant discharge per unit of production (or other measure of production) shall include information on the actual production during the sampling period in its Report on Compliance and its Periodic Compliance Reports, as applicable. (e) Notification of Changed Discharge. (1) All industrial dischargers shall provide written notification to the Director before any planned change, including physical alterations or additions to the permitted facility, production increases and anticipated process changes which will result in a substantial change in the volume or character of pollutants to be discharged, including notification of changes in the listed or characteristic hazardous wastes for which the discharger has submitted initial notification under 40 CFR (p). Notice shall be provided at least ninety (90) days before the change, except if such notice is not feasible, the discharger shall provide the Director notice as soon as the information becomes available. (2) No wastewater discharge shall be commenced, without notification to and approval by the Director, in which there has been a substantial change in the volume or characteristic which causes it to be different from that expressly allowed under the permit issued. Upon such notification, the Director, in his/her discretion, may require that a new application be filed and a new permit obtained before any wastewater discharge involving the changed characteristic takes place. (f) Signatory/Certification for Baseline Monitoring Reports, Reports on Compliance, and Periodic Compliance Reports. Baseline Monitoring Reports, Reports on Compliance and Periodic Compliance Reports submitted by dischargers subject to NCPS shall be signed by an authorized representative of the discharger and shall contain the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

135 (g) Signatory/Certification for Other Reports. The Director, at his/her discretion, may require other reports or information submitted by dischargers subject to NCPS, or any other discharger, to meet signatory/certification requirements as the Director deems appropriate. (h) Adoption of New City Specific Pollutant Limitations. Within 180 days after promulgation of a new City Specific Pollutant Limitation and notification thereof by the Board to specific dischargers affected thereby, any discharger subject to such limitations shall submit to the Director a report containing: (1) The name and address of the discharger; (2) The address or location of the premises where the discharge does or will take place; (3) The nature, average production rate, and Standard Industrial Classification of the operations carried out by the discharger; (4) The average and maximum flow of the discharge in gallons per day; (5) The nature and concentration of pollutants in the discharge from each regulated process and identification of applicable limitations. The concentration shall be reported as a maximum or average as provided in applicable limitations. If equivalent concentration limits have been calculated in accordance with the limitation, this adjusted concentration limit shall also be submitted; (6) A statement, reviewed by an authorized representative and certified under penalty of perjury by a person with primary responsibility for the operation which contributes to the discharge, indicating whether the limitations are being met, and, if not, what operation and maintenance improvements or additional pretreatment is required for compliance; (7) The shortest schedule under which any additional pretreatment or operation and maintenance improvements required as a result of the new limitations or requirements imposed pursuant to Paragraph (a) of Subdivision 1 of Subsection C of this section will be completed. (i) limitation. The completion date in such a schedule shall not be later than the compliance date established for the applicable (ii) The schedule shall provide for reporting increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of any additional pretreatment necessary (e.g., hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing construction, completing construction). (iii) The discharger shall also submit a written progress report to the Director, not later than 14 days following each increment of progress date in the schedule and the final date for compliance. That report shall state whether the discharger is in compliance with the scheduled increment of progress. If compliance was not achieved, the report shall state the date by which the discharger expects to comply with the scheduled increment of progress, the reason for the failure to comply, and the steps being taken by the discharger to maintain the established compliance schedule. (iv) The time limit specified in this paragraph for operation or maintenance improvements or additional pretreatment may be extended by the Board. 3. Monitoring Facilities. The Director may require to be provided, operated and maintained at the discharger s expense, separate and secured monitoring facilities to allow inspection, sampling, and flow measurement of the discharge. The monitoring facilities ordinarily shall be situated on the discharger s premises and in said event the Director shall be granted total and unrestricted access thereto and use thereof by the discharger as a condition of that discharger s permit; however, at its discretion the Board may allow monitoring facilities to be constructed off-premises. 4. Monitoring and Sampling. (a) Pre-Notification. Any discharger may be required by the Director, by permit or otherwise, to engage in periodic monitoring and sampling of its discharge. Where a discharger is required to monitor or sample, the discharger shall notify the Director by telephone at least 48 hours in advance of any monitoring or sampling to be performed. Notification shall include the date, time and location of proposed monitoring and sampling. Monitoring and sampling shall be carried out during a period of normal operations. Prior to the commencement of any sampling or monitoring, the Director may request that the discharger furnish to the Director a split sample and all supporting data (i.e., methodology, flow measuring data, strip chart recordings, and other pertinent information). The Director reserves the right to refuse any data developed from the monitoring or sampling activity if the discharger fails to comply with the pre-notification procedure. (b) Notification of Discharge Violations and Resampling. If sampling performed by a discharger indicates a violation, the discharger shall notify the Director within 24 hours of becoming aware of the violation. The discharger shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within 30 days after becoming aware of the violation, except the discharger is not required to resample if:

136 (1) The Director performs sampling at the discharger s facility at a frequency of at least once per month, or (2) The Director performs sampling at the discharger s facility between the time when the discharger performs its initial sampling and the time the discharger receives the results of this sampling. (c) Representative Samples. Samples shall represent the normal wastewater flow to the POTW over a 24-hour period. Composite samples shall be collected according to time or flow as specified by the Director, with at least one sample collected hourly. The Director may require grab samples or continuous monitoring as deemed appropriate (e.g. ph and flow). Samples may be collected either manually or by automatic integrated sampling equipment approved by the Director. (d) Sample Analysis. The handling, storage, and analysis of all samples taken for the determination of the characteristics of wastewater discharged shall be performed by laboratories certified by the State of California and shall be in accordance with the procedures established by the EPA pursuant to Section 304(a) of the Act and contained in 40 CFR, Part 136, as amended. In the absence of a State certification process, the Director may approve of a laboratory to perform any necessary sampling and analysis. 5. Inspection and Sampling. (a) Inspections to Enforce Local, State, and Federal Laws. Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this section or other applicable law, or whenever the Director has reasonable cause to believe that there exists upon any premises any violation of the provisions of this section or other applicable law, or any condition which makes such premises hazardous, unsafe, or dangerous, the Director is hereby authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the Director by this section or other applicable law provided that: (1) If the property is occupied, the Director shall first present proper credentials to the occupant and request entry explaining the reasons therefore and; (2) If the property is unoccupied the Director shall first make a reasonable effort to locate the owner or other persons having charge or control of the property and request entry, explaining the reasons therefore. If such entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the Director shall have recourse to every remedy provided by law to secure lawful entry and inspect the property. (b) Inspections to Safeguard the Public Health or Safety. Notwithstanding the foregoing, if the Director has reasonable cause to believe that wastewater discharge conditions on or emanating from the premises are so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the public health or safety, the Director shall have the right to immediately enter and inspect the property, and may use any reasonable means required to effect such entry and make such inspection, whether the property is occupied or unoccupied and whether or not formal permission to inspect has been obtained. If the property is occupied, the Director shall first present proper credentials to the occupant and demand entry, explaining the reasons therefor and the purpose of the inspection. (c) Penalty for Refusal to Permit Director to Make Inspections. No person shall fail or refuse, after proper demand has been made upon that person as provided in Paragraph (b) of this Subdivision 5, to promptly permit the Director to make any inspection provided for by said Paragraph (b). Any person violating this subdivision shall be guilty of a misdemeanor. (d) Consent and Agreement to Enter Premises. The applicant, by accepting any permit issued pursuant to this section, does thereby consent and agree to the entry upon the premises, described in the permit, by Department personnel for the following purposes as required by this section or other applicable laws. The City shall be afforded access at all reasonable times: (1) for the purposes of inspection, sampling, flow measurement, examination of records in the performance of other authorized duties; (2) to set up on the discharger s property such devices as are necessary to conduct sampling inspections, compliance-monitoring, flow measuring or metering operations; (3) to inspect and copy any records, reports, test results or other information required to carry out the provisions of this section; and (4) to photograph any waste, waste container, vehicle, waste treatment process, discharge location, or violation discovered during an inspection. (e) Entry of Premises with Security Measures. Where a discharger has instituted security measures requiring proper identification and clearance before entry onto the premises, the discharger shall make all necessary arrangements with its security guards in order that, upon presentation of such identification, City personnel shall be permitted to enter the premises without delay for the purpose of performing their authorized duties. 6. Public Access to Information. Discharge and effluent data provided to the City by the discharger shall be available to the public without restriction. Other information may be subject to a claim of confidentiality by the discharger. All information which is submitted to the City by the discharger

137 shall be available to the public, at least to the extent provided by 40 CFR With the exception of governmental agencies, any person requesting this information from the City shall be required, prior to the receipt of the requested information, to pay the reasonable cost of said data gathering, reproduction and transmission incurred by the City. 7. Confidentiality. All information, except for discharge and effluent data, submitted to the City pursuant to this section may be claimed by the discharger to be confidential. Any such claim must be asserted at the time of submission of the information or data to the City. The claim may be asserted by stamping the words Confidential Business Information on each page containing such information or by other means, however, if no claim is asserted at the time of submission, the City may make the information available to the public without further notice. If such a claim is asserted, the information will be treated in accordance with the procedures set forth in 40 CFR Part 2 (Public Information). 8. Falsifying Information. No person shall knowingly make any false statement, representation or certification in any application, record, report, plan or other document filed with the Director or required to be maintained pursuant to this section, or tamper with or knowingly render inaccurate any monitoring device required under this section. 9. Rules and Regulations. The Board shall adopt rules and regulations consistent with this section to effectuate its purpose and intent. D. Fees and Charges. 1. Purpose and Disposition. It is the purpose of this subsection to provide for the recovery of City costs associated with the discharge of wastewater to the POTW. With the exception of Wastewater Sampling and Analysis Fees, all fees and money collected by the City pursuant to the provisions of this section shall be deposited into the Sewer Construction and Maintenance Fund established by Section of this Code. Monies required hereunder to be deposited into that Fund shall be expended for the purposes set forth in said section and to provide for any appropriate refunds relative to such fees. 2. Application Fees. (Amended by Ord. No. 182,076, Eff. 4/6/12.) The Board shall require payment of an initial fee of $370 for each application for an Industrial Wastewater Permit. No permit shall be deemed valid until the initial fee has been paid. The application fee shall be annually adjusted as shown in the table below: Effective Date Permit Application Fees July 1, 2012 $385 July 1, 2013 $400 July 1, 2014 $424 July 1, 2015 $450 July 1, 2016 $479 July 1, 2017 $510 July 1, $544 July 1, 2019 $579 July 1, 2020 $ Inspection and Control Fees. (a) Purpose of Inspection and Control Fees. All permitted facilities must pay an annual Inspection and Control (I & C) Fee as a function of their assigned Inspection Classification Number. Inspection and Control Fees are part of the City s approved wastewater revenue program and pay for the basic level of services which include the following: - Permitting, - Inspection, - Sampling, - Providing laboratory analytical services, - Monitoring facilities self monitoring program, - Inventory control and development, - Systems development and data management, - Reporting to local, State and Federal authorities. (b) Inspection and Control Fee Schedule. (Amended by Ord. No. 182,076, Eff. 4/6/12.) The Inspection and Control (I&C) Fee shall be paid quarterly in arrears by each permittee, except permittees in the Class I SubClass group as specified in Subsection D.3.(c), in possession of a valid Industrial Wastewater Permit in accordance with the following schedule: I&C Class Annual Fee Quarterly Fee Class 1 $ $63.50 Class 2 $ $ Class 3 $ $190.25

138 Class 4 $1, $ Class 5 $1, $ Class 12 $3, $ Class 1D $51.00 N/A I&C Fees shall be annually adjusted as shown in the table below: I&C Class July 1, 2012 July 1, 2013 July 1, 2014 July 1, 2015 July 1, 2016 July 1, 2017 July 1, 2018 July 1, 2019 July 1, 2020 Class 1 $264 $274 $291 $308 $328 $350 $373 $397 $423 Class 2 $528 $549 $582 $617 $657 $700 $745 $793 $845 Class 3 $792 $823 $873 $925 $985 $1,049 $1,118 $1,190 $1,268 Class 4 $1,056 $1,098 $1,164 $1,234 $1,314 $1,399 $1,490 $1,587 $1,690 Class 5 $1,320 $1,372 $1,455 $1,542 1,642 $1,749 $1,863 $1,984 $2,113 Class 12 $3,167 $3,294 $3,491 $3,701 $3,941 $4,197 $4,470 $4,761 $5,070 Class 1D $53 $55 $58 $62 $66 $70 $75 $80 $85 (c) Class I SubClasses. A Subclass of Class I described above may be established by the Board to apply to certain groups of permittees under Class I that qualify for reduced inspection and control services. The Board may group permittees for this purpose based on the amount and type of discharges and based on the viability of implementing Best Management Practices as an effective control mechanism that merits reduced inspection and control services. Consequently, the annual fee will be a portion of the Class I annual fee and in the amount proportional to the cost of inspection and control services provided for that group of permittees and as specified in Table I of the Board s Rules and Regulations. (d) I & C Fee Payment Schedule. Each permittee, except the Class I Subclass group, shall make quarterly payments in arrears on the first of April, July, October or January, following the first permit anniversary date. (e) Class I Subclass Fee Payment Schedule. Permittees under the Class I SubClass group shall commence making annual payments on the first of April, July, October or January, following the first quarterly period in which their permit becomes effective. 4. Quality Surcharge Fee. (a) Quality Surcharge Fee Requirement. The Sewer Service Charge (SSC), as established under Sections of the Code, recovers the cost of treatment of domestic strength wastes discharged to the POTW for treatment. The SSC is paid by all of the users of the POTW. However, industrial wastewater discharged by Industrial Users (IUs) can vary significantly in strength from that of domestic sewage. Industrial wastewater strength can be higher or lower than that of the domestic sewage. A permittee whose discharge is determined to contain BOD or SS, as defined in Subsection A. of Section of this Code, with concentrations in excess of the designated BOD and SS values in the Board Rules and Regulations shall pay a quality surcharge fee. (b) Quality Surcharge Fee Determination. A fee based on the quality/strength of the Wastewater discharged into the POTW shall be paid quarterly in arrears by all Industrial User or permittees in possession of a valid Industrial Wastewater Permit where the Wastewater of said permittees is found to be subject to the City's Quality Surcharge Fee and which is treated in a City treatment plant. The permittee may choose to be billed for the City's Quality Surcharge Fee based on either the provisions of Subsections D.4.(b)(1) or D.4.(b)(2) below. (1) (Amended by Ord. No. 182,076, Eff. 4/6/12.) Permittees whose discharge is determined to contain BOD or SS, as defined in Subsection A. of Section of this Code, with concentrations in excess of the designated BOD and SS values in the Board Rules and Regulations Governing Disposal of Industrial Wastewater Into the Publicly Owned Treatment Works of the City of Los Angeles shall pay a Quality Surcharge Fee (QSF) according to the following formula and provisions. The Quality Surcharge Fee, for these permittees, shall be determined pursuant to the following formula: C = V [a(ss-dss) + b(bod-dbod)]k where: "C" is the Quality Surcharge Fee. "V" is the average daily volume of wastewater discharged in gallons and shall be deemed: (1) the volume of water supplied to the premises, adjusted as determined by the Board to account for water not discharged into the POTW; (2) the metered volume of wastewater discharged into the POTW, in accordance with a measuring device approved by the Board; or (3) a figure determined by the Board, based upon any other equitable method.

139 "SS" is the suspended solids as defined in Subdivision 75. of Subsection A. of Section of this Code, expressed in milligrams per liter. "BOD" is the biochemical oxygen demand of the wastewater as defined in Subdivision 6. of Subsection A. of Section of this Code, expressed in milligrams per liter. "DSS" is the suspended solids concentration designated by the Board in the Board Rules and Regulations. "DBOD" is the biochemical oxygen demand concentration designated by the Board in the Board Rules and Regulations. "a", is the verifiable cost assessed for each pound of suspended solids, $ "b", is the verifiable cost assessed for each pound of biochemical oxygen demand, $ "k", is (365 x 8.34)/1,000,000, a dimensional constant to convert C to dollars. The values for "a" and "b" shall be annually adjusted as shown in the table below: Effective Date July 1, 2012 July 1, 2013 July 1, 2014 July 1, 2015 July 1, 2016 July 1, 2017 July 1, 2018 July 1, 2019 July 1, 2020 New BOD Rate ($/pounds of BOD) New SS Rate ($/pounds of SS) If the term containing SS or BOD is negative, a value of zero shall be used for the term. (i) In determining the amount of Quality Surcharge Fee to be paid by various industrial users, the Board may establish industry-wide averages for SS and BOD values. The Board may group permittees into appropriate discharge volume ranges each of which shall be represented by an average discharge volume. Where sampling and volume measurements of any permittee are not practical for physical, economic or other reasons, these averages may be used in establishing such permittee's Quality Surcharge Fee. (ii) Any permittee whose fee has been determined in the above manner who is not satisfied that the averages are applicable to its discharge, may submit appropriate engineering data to the Board for its consideration. If the Board finds that such permittee's discharge differs significantly from the averages established, it may determine the fee on a more appropriate basis. (2) Permittees whose discharge is determined to contain BOD or SS, as defined in Subsection A. of Section of this Code, with concentrations less than the designated BOD and SS values in the Board Rules and Regulations may petition the Board to pay a Low- Strength SSC Rate as defined in Section (o), of the Code. Upon qualification, such permittee may be allowed to pay a Low-Strength SSC Rate where the Low-Strength SSC Rate excludes the cost component associated with the domestic sewage strength included in the SSC rate. However, should such a permittee petition and be allowed to pay a Low-Strength SSC Rate, such permittee shall simultaneously become subject to the Zero-Based Quality Surcharge Fee (QSF) as defined in Subsection D.4.(c) below. This fee is to recover the treatment cost associated with removal of BOD and SS, as defined below, in the permittee s discharge. This fee is also representative of and a replacement for the strength cost component of the Sewer Service Charge (SSC) not included in the Low-Strength SSC Rate as defined in Section (o) of the Code. The Quality Surcharge Fee, for these permittees, shall be determined pursuant to the following formula:

140 C = V [a(ss) + b(bod)]k where: C, V, a, b, k, BOD and SS are defined under Section 64.30, Subsection D.4.(b) above. (c) Zero-Based Quality Surcharge Fee Qualifications and Requirements. Any discharger, in possession of a valid Industrial Wastewater Permit, that petitions to pay a Low-Strength SSC Rate and a Zero-Based QSF, shall meet the following qualifications and requirements: (1) The discharger, if not in possession of a valid Industrial Wastewater Permit, must apply for and obtain an industrial wastewater discharge permit as defined under Subsection C.1. of the Code. (2) The permittee must petition, in writing, to the Board to be placed on the Zero-Based Quality Surcharge Fee; (3) The permittee must submit analytical data of its discharge, at the time of and with its petition, to demonstrate that the strength of its discharge does qualify for the Low-Strength SSC Rate; (4) The permittee shall become subject to self monitoring of its discharge, per Industrial Waste Management Division policies and also as defined and established in Section 9 of the Board s Rules and Regulations and, (5) The permittee shall install a sampling facility, for the purposes of self-monitoring, in accordance to the requirements set forth by the Director. (d) Determination of Surcharge Fees for Ground Solid Wastes. Where ground solid wastes such as garbage, market refuse, food plant wastes and hospital wastes are discharged to the POTW, their weights shall be recorded prior to disposal or may be estimated by the Board, and a dry weight loading calculated for determination of surcharges. Food processors which grind food plant wastes for discharge to the POTW and hospitals which grind infectious wastes for discharge to the POTW may be required to report quarterly the total weight of material ground for surcharge determination. 5. Private Septage Disposal Facility (PSDF) Fees. Subject to the provisions of this Subsection, all PSDFs shall pay, quarterly in arrears, the following fees and discharge user rates: (a) PSDF Inspection and Control Fee. An annual Inspection and Control (I & C) Fee, in the amount corresponding to the I and Classification Number as set forth in Table 1 of the Board s Rules and Regulations and; (b) PSDF Septage Treatment Cost Recovery User Fee. (Amended by Ord. No. 182,076, Eff. 4/6/12.) A per gallon Septage Treatment Cost Recovery User fee at the rate of $ per gallon as applied to the full-tank capacity of each vehicle discharging at the PSDF. The rate shall be annually adjusted as shown in the table below: Effective Date User Fees ($/gallon) July 1, July 1, July 1, July 1, July 1, July 1, July 1, July 1, July 1, Wastewater Sampling and Analysis Fee. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) The Board may charge a fee of $100 for each analysis performed by or on behalf of the Bureau of Sanitation or the Department of General Services, on wastewater samples taken from the discharger. Monies collected pursuant to this Subdivision 5 shall be deposited into the General Fund to the account of the Department of General Services. 7. Significant Industrial User Fee. (Renumbered and Amended by Ord. No. 182,076, Eff. 4/6/12.) In addition to any fees and charges required by this Subsection, Significant Industrial Users (SIUs), as defined in Section 64.00, shall be charged additional fees in accordance with the following schedule for each applicable Industrial Wastewater Permit: SIU Group I Group Identification Categorical Industrial Users with an average discharge equal to or greater than 10,000 gallons per day Amount of Fee $4,359

141 II III IV V VI Categorical Industrial Users other than Electroplaters with an average discharge less than 10,000 gallons per day Category 413 Industrial Users (Electroplaters) with an average discharge less than 10,000 gallons per day Non-Categorical Industrial Users with an average discharge of equal to or greater than 250,000 gallons per day Non-Categorical Industrial Users with an average discharge of equal to or greater than 40,000 gallons but less than 250,000 gallons per day Non-Categorical Industrial Users with an average discharge of equal to or greater than 25,000 gallons but less than 40,000 gallons per day, OR; any industrial user that is designated by the Director to have a reasonable potential to adversely affect the POTW s operation or for violating any pretreatment standards or requirement. SIU Fees shall be annually adjusted as shown in the table below: $4,216 $2,308 $3,605 $2,617 $2,453 Annual Fee and Effective Date SIU Group July 1, 2012 July 1, 2013 July 1, 2014 July 1, 2015 July 1, 2016 July 1, 2017 July 1, 2018 July 1, 2019 July 1, 2020 Group I $4,533 $4,714 $4,997 $5,297 $5,641 $6,008 $6,399 $6,814 $7,257 Group II $4,385 $4,560 $4,834 $5,124 $5,457 $5,812 $6,189 $6,592 $7,020 Group III $2,400 $2,496 $2,646 $2,805 $2,987 $3,181 $3,388 $3,608 $3,843 Group IV $3,749 $3,899 $4,133 $4,381 $4,665 $4,969 $5,292 $5,636 $6,002 Group V $2,721 $2,830 $3,000 $3,180 $3,387 $3,607 $3,841 $4,091 $4,357 Group VI $2,551 $2,654 $2,813 $2,982 $3,175 $3,382 $3,602 $3,836 $4, Due Dates. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) (a) Fee Due Dates for other than I & C Class I SubClass Fees. Fees subject to the provisions of this subdivision, Inspection and Control Fees, Quality Surcharge Fees, Private Septage Disposal Facility Fees, and Significant Industrial User Fees shall be due in quarterly installments payable on the first day of January, April, July and October, with each such payment applicable to the immediately preceding quarter. (b) Class I SubClasses Fee Due Dates. (1) I & C Fees. Class I SubClass permittees shall commence making annual payments on the first of April, July, October or January, following the first quarterly period in which their permit becomes effective. The following outlines the billing schedule for Class I SubClasses permittees: Permit Effective Period Bill Due Date Jul-Sept. October 1 Oct-Dec. Jan 1 Jan-March April 1 Apr-Jun. July 1 (2) Quality Surcharge Fees. Class I SubClass permittees subject to Quality Surcharge Fees shall be subject to the same schedule of payments set forth in the provisions of Subsections D.4.(10)(a) above. 9. Cost Recovery For Sewer Maintenance. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) The Board may charge any discharger for the cost of sewer maintenance resulting from its wastewater discharge. 10. Delinquency - Penalty Charges. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) (a) Delinquency - Penalties. If the fees are not paid on or before the last day of the quarter in which they are due, a penalty equal to 2.5% of any outstanding fees, but not less than $10.00, shall be added to the fees. The fees, including penalty, shall become a part of the fees required by this section and be payable for that quarter. Any fees remaining unpaid after the last day of the quarter shall be added and carried over to the amount owing for the next quarter and become part of the fees owing for that quarter. (b) Continued Delinquency. All principal charges, excluding accrued penalties, carried over from a prior quarter shall be assessed an additional penalty in the amount of 2.5% if not paid on or before the last day of each quarter until paid in full. All charges carried over into the next quarter shall continue being carried over and added to charges accruing for the following quarter, if any, without limitation and all outstanding principal charges shall be subject to continued penalties as provided here for each quarter in which they remain unpaid. These charges and penalties shall continue to accrue quarterly until paid regardless of whether the permit is revoked as provided here.

142 (c) Delayed billing. If the invoices for any fees due, pursuant to this section, are not mailed before the due date, these fees shall not become delinquent until 35 days following the invoice mailing date, at which time, the fees shall become delinquent and the charges and time payment factors as provided above shall apply. (d) Revocation. If the total invoiced amount is not paid by the last day of the month of any quarter in which there is an amount owing from a previous quarter, the permit shall be subject to revocation as provided in Subsection E below. Before the Board may grant any new permit, all outstanding delinquent fees and penalties must be paid. 11. Liability for Costs of Correction Arising from Unlawful Discharge. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) Whenever any discharger introduces or causes to be introduced wastewater in violation of this section and such discharge, either singly or by interaction with other discharges, results in damage to or is otherwise detrimental to or adversely affects the POTW, said discharger shall be liable to the City for reasonable costs necessary to correct that discharge, detriment or adverse effect, including, but not limited to labor, material, inspection, transportation, overhead, and incidental; expenses associated with the corrective action. The discharger shall additionally be liable to the City for the reasonable costs of investigation by the City arising from the unlawful discharge. E. Enforcement 1. Suspension of Industrial Wastewater Permit. (a) Permit Suspension Criteria. The Director may suspend an Industrial Wastewater Permit when such a suspension is necessary in order to stop a discharge which presents an imminent hazard to the public health, safety or welfare, to the local environment, or which either singly or by interaction with other discharges, is an imminent hazard to the POTW or places the City in violation of its NPDES permit. (b) Discharger Response to Suspension Notification. Any discharger notified of a suspension of that discharger s Industrial Wastewater Permit shall immediately cease and desist the discharge of all industrial wastewater into the POTW. Any discharger notified of a suspension of that discharger s Industrial Wastewater Permit issued for a private sewage disposal system shall immediately cease and desist the discharge of industrial wastewater into both the private sewage disposal system and the POTW. (c) Failure of Discharger to Comply with a Suspension Order. In the event of a failure of a discharger to comply voluntarily with a suspension order, the Board may take such steps as are reasonably necessary to ensure compliance. These include, but are not limited to, immediate blockage or disconnection of the discharger s connection to the POTW, and a request to the Department of Water and Power that it discontinue water service of the affected property until full compliance with the Notice to Comply has been achieved. (d) Notice of an Intended Order of Suspension. The Director in the event of violation of this section, may serve the discharger with a notice of an intended order of suspension, stating the reasons therefor, the opportunity for a hearing with respect thereto, and the proposed effective date of the intended order. (e) Order of Suspension Board Hearing. Any discharger suspended or served with a notice of an intended order of suspension may file with the Secretary of the Board a request for a Board hearing with respect thereto. Filing of such request shall not stay a suspension. In the event a suspension of a permit due to imminent hazard related to continued discharge, the discharger may request a hearing, and the Board or a hearing examiner designated by the Board for that purpose, shall conduct a hearing within three days of receipt of the request. In the event of hearing requests, for other than an imminent hazard suspension, the Board shall hold a hearing on the suspension within 14 days of receipt of the request. At the close of the hearing the Board shall make its determination whether to terminate, or conditionally terminate the suspension imposed by the Director, or the Board may cause the permit to be revoked. Except in the case of a hearing within three days being required as above provided, reasonable notice of the hearing shall be given to the suspended discharger in the manner provided for in Subdivision 6 of Subsection E of this section. (f) Stay of Order of Suspension. In the event that the Board fails to meet within the time set forth above or fails to make a determination within 72 hours after the close of the hearing, the order of suspension shall be stayed until a Board determination is made with respect to the action of the Director. (g) Reinstatement of Industrial Wastewater Permit. The Director shall reinstate the Industrial Wastewater Permit upon proof of compliance which ends the emergency nature of the hazard created by the discharge that had been cause for the Director to initiate the suspension, provided that the Director is satisfied that all discharge requirements of this section, the Board s Rules and Regulations, and any Board order will be implemented. 2. Revocation of Industrial Wastewater Permit. The Board may revoke an Industrial Wastewater Permit upon a finding that the discharger has violated any provision of this section or the Board s Rules and Regulations. No revocation shall be ordered until a notice and hearing on the question has been held by the Board as provided in Subdivisions 4 and 5 of this Subsection E of Section Additional Emergency Remedial Measures. The Director shall have full power and authority to take any necessary precautions including but not limited to, decontamination, sewer closure, packaging, diking, and transportation of materials, in order to protect life, protect property, or prevent further damage resulting from a condition that is likely to result in a discharge which presents an imminent hazard to the public health, safety or welfare; or which either singly or by interaction with other discharges, is an imminent hazard to the POTW; or which places the City in violation of its NPDES permit. In the pursuit of such an operation, City personnel, any party contracting with the City, or duly authorized representative of another governmental agency shall

143 have immediate access to the premises. The Director may prohibit approach to the scene of such emergency by any person vehicle, vessel or thing, and all persons not actually employed in the extinguishment of the condition or the preservation of lives and property in the vicinity thereof. 4. Board Hearing. (a) Appointment of Hearing Examiner. With respect to permit revocation or suspension hearings, the Board may conduct the hearing or may appoint one or more examiners or designate one or more of its members to serve as hearing examiners and to conduct a hearing with respect to any appeal or protest filed. At such hearing the discharger may appear personally or through counsel, cross-examine witnesses and present evidence in the discharger s behalf. (b) Board Decision. The hearing examiner or examiners, if other than the Board, shall submit a written report and recommendations to the Board together with a brief summary of the evidence considered and conclusions reached with respect thereto. The Board, after considering evidence presented at such a hearing, and any report submitted to it with respect to such a hearing, or after any hearing which it conducts, shall adopt findings supported by evidence, and may adopt, reject, or modify in whole or in part, make its decision, and issue its order. If the Board s order is to revoke the discharger s Industrial Wastewater Permit, the order may be effective forthwith, or at a later specified date. The discharger shall be notified in writing of the Board s action. (c) Compliance with Order of Revocation. Any discharger whose Industrial Wastewater Permit has been revoked shall immediately cease and desist all discharge of any wastewater covered by the Permit. The Board may disconnect or permanently block the discharger s connection if such action is necessary to ensure compliance with the order of revocation. (d) Conditions for Resumption of Discharge after Permit Revocation. After revocation of a discharger s Industrial Wastewater Permit, there shall be no further discharge of industrial wastewater by that discharger into the POTW unless there has been a new application filed, all fees and charges that would be required upon an initial application and all delinquent fees, charges, penalties and other sums owed by the discharger and/or the applicant to the City have been paid to the City, and a new Industrial Wastewater Permit has been issued. Any costs incurred by the City, including administrative costs and investigative fees, in revoking the Permit and disconnecting the connection if necessary, shall also be paid for by the discharger before issuance of a new Industrial Wastewater Permit. 5. Notice. Notice of the hearing shall be given to the discharger at least ten (10) days prior to the date of hearing. Unless otherwise provided herein, any notice required to be given by the Director under this section shall be in writing and served in person or by registered or certified mail addressed to the addressee s last known address with request for return receipt. Where no address is known, service may be made upon the owner of record of the property upon which the alleged violation occurred or by posting the notice conspicuously on the property. Notice shall be deemed to have been given at the time the written notice is deposited, postage prepaid, in the United States mail at Los Angeles, California. 6. Public List of Significant Noncompliant Industrial Dischargers. The Director shall identify a discharger as meeting one or more of the Significant Noncompliance (SNC) criteria listed in 40 CFR Section 403.8(f)(2)(vii) and shall publish notice in the largest daily newspaper published in the City of such status. The criteria for SNC shall be as follows: (a) Sixty-six percent (66%) or more of wastewater measurements taken during a 6 month period exceed the discharge limit for the same pollutant parameter by any amount; (b) Thirty-three percent (33%) or more of the wastewater measurements taken during a 6 month period for each pollutant equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, oil and grease, and 1.2 for all other pollutants except ph); (c) Any other effluent violation that the Director believes has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public); (d) Any discharge of pollutants that has caused imminent endangerment to the public, human health or welfare or to the environment or has resulted in the City s exercise of its emergency authority to halt or prevent such a discharge; (e) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a permit or Administrative Order for starting construction, completing construction, or attaining final compliance; (f) Failure to provide, within 30 days after the due date, any required reports such as 90 day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules; (g) Failure to accurately report noncompliance; (h) Any other violation or group of violations that the Director determines will adversely affect the operation or implementation of its pretreatment program.

144 7. Penalties for Violations. (a) Criminal Penalty. Except as expressly provided, violation of this section or any order issued by the Board or the Director as authorized by this section is a misdemeanor punishable by a fine not to exceed $1, per violation per day or by imprisonment in the County jail for a period of not more than six (6) months, or by both such fine and imprisonment. (b) Injunctive Relief. Whenever a discharger of wastewater is in violation of this section or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, the Board or the Director may cause the City to seek a petition to the Superior Court for the issuance of a preliminary or permanent injunction, restraining order, or other order, as may be appropriate in restraining the continuance of such discharge. (c) Civil Liability. Any person who violates any provision of this section or any term or condition of any permit issued pursuant to this section or plan approval which prohibits or limits the discharge of any waste imposes any pretreatment requirement shall be civilly liable to the City in the maximum sum provided by law for each day in which such violation occurs. F. Conflict. Provisions of this section shall prevail over any other inconsistent or conflicting provisions of this chapter. SEC INDUSTRIAL WASTES TREATED BY COUNTY SANITATION DISTRICTS OF LOS ANGELES COUNTY (CSDLA). (Amended In Entirety by Ord. No. 173,980, Eff. 7/1/01.) (a) Industrial Wastewater. For purposes of this section industrial wastewater shall mean all water carried wastes and wastewater of the community excluding domestic wastewater and uncontaminated water, and shall include all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural, or other operation where the wastewater discharged includes significant quantities of wastes of nonhuman origin. (b) Dischargers in the City whose Wastewater is Treated by CSDLA. Dischargers of industrial wastewater whose wastewater is treated and disposed of in wastewater treatment facilities owned and operated by the County Sanitation Districts of Los Angeles County, and who are in the City of Los Angeles but not in a County Sanitation District shall comply with all ordinances and regulations of said districts which would be applicable to such dischargers if they had been in a district. (c) Fees and Charges. Such dischargers shall pay, to the districts, charges equivalent to those imposed by the districts pursuant to the Districts Industrial Wastewater Treatment Surcharge as if the discharge were within a district using the same sewer system. (d) Districts Responsibilities. The district shall have the responsibility to bill and serve all such charges. It shall have the right to sue and collect in its own name any such charges that may be delinquent. SEC SEPTAGE DISPOSAL CONTROL. (Added by Ord. No. 172,118, Eff. 8/31/98.) A. General Provisions. 1. Objectives. This section sets forth regulations and requirements for accepting septage for discharge to the City s Publicly Owned Treatment Works (P.O.T.W.). Through a Permit, monitoring and an inspection program, the City seeks to ensure compliance with all applicable Federal and State regulations and seeks to assure implementation of the following objectives: (a) (b) (c) (d) To protect the health, safety and welfare of the public; To protect the health and safety of the P.O.T.W. operating and maintenance personnel; To protect the P.O.T.W. and its operations and treatment processes from harmful pollutants; To prevent any hazardous wastes from being discharged to the P.O.T.W.; (e) To provide cost recovery for its services, including wastewater treatment administration, operations, maintenance, expense and equipment expenditures, implementation and enforcement of the program established herein. 2. Scope. This section provides for the regulation of the discharge of septage to the City s P.O.T.W., through the issuance of Septage Disposal Permits, enforcement of discharge prohibitions, designation of discharge sites, requirements for waste tracking and load manifesting. This section further establishes fees for the recovery of all program costs. Except as otherwise provided herein, the Director of the Bureau of Sanitation (Director) under the jurisdiction of the Board of Public Works (Board) shall administer, implement and enforce the provisions of this section. This section applies to all Septage Haulers who discharge septage to the City s P.O.T.W. B. Septage Disposal Rules and Regulations. The Board shall adopt Rules and Regulations consistent with the provisions of this section, to effectuate its

145 intent and purpose in regulating the discharge of septage to the City s P.O.T.W. and to administer the operations of any designated discharge site. These Rules and Regulations shall be titled RULES AND REGULATIONS GOVERNING DISPOSAL OF SEPTAGE INTO THE P.O.T.W. OF THE CITY OF LOS ANGELES, herein referred to as the Board s Septage Disposal Rules and Regulations. C. Septage Disposal Permit. No person may discharge or cause to be discharged any septage to the City s P.O.T.W. without first obtaining a Septage Disposal Permit in writing from the Director. A separate Septage Disposal Permit shall be required for each vehicle used to haul septage for discharge to the City s P.O.T.W. 1. Permit Application. To obtain a Septage Disposal Permit, an application must be filed with the Director in the prescribed form and must be accompanied by the applicable fees. The applicant must submit the following information for evaluation: (a) (b) (c) (d) (e) (f) Name, address of any and all principals, owners, major shareholders of the company applying for the Permit (whichever is applicable). State Vehicle License Number and Vehicle Identification Number (VIN) of the septage hauling vehicle to be permitted. Copy of the applicant company s City Business Tax Registration Certificate (BTRC). Copy of the applicant company s Los Angeles County Health Department License and vehicle registration number. The total septage hauling capacity, in gallons, and that of each compartment in the vehicle, to be permitted. Any other information deemed by the Director to be necessary to evaluate the applicant s Permit application. 2. Permit Conditions. Septage Disposal Permits are subject to all provisions of this Code, all applicable statutes, Rules and Regulations, fees and charges established by the City. This Permit must be kept on the permitted vehicle used to haul septage and available for immediate inspection at all times. The Director has the authority to impose additional Permit conditions as follows: (a) (b) (c) (d) Prohibitions and/or discharge limitations for discharge of specific pollutants. Requirements for maintaining, submitting and affording City access to waste hauling records or Septage Manifests. Requirements for wastewater sampling and analysis. Other Permit conditions deemed appropriate and as recommended by the Director to ensure compliance with this section. 3. Duration of Permit. A Septage Disposal Permit is valid for one year. A Permit may be issued for a period less than a year or may be stated to expire on a specific date, not to exceed one year from the date of Permit issuance. 4. Renewal of Permit. Applications for Permit renewal must be filed with the Director a minimum of sixty (60) days prior to the Permit s expiration date. A permittee must pay any delinquent fees or charges, in full, prior to Permit renewal. 5. Non-Transferability. A Septage Disposal Permit, identification decal or card and any site access card or key shall be issued to a specific permitted vehicle and is not transferable from one business or vehicle to another. D. Prohibitions and Limitations. The following prohibitions and limitations shall apply to all persons discharging septage to the City s P.O.T.W. 1. Discharge Prohibitions (a) Except as expressly allowed through a Septage Disposal Permit, Septage Haulers are subject to the discharge prohibitions specified in Section 64.30, Subsection B.1. of the Code for all loads discharged to the City s P.O.T.W. (b) Discharge of septage to any portion of the City s storm drain system or the Waters of the State is expressly prohibited. (c) No person may discharge, attempt to discharge or cause the discharge of septage, directly or indirectly to the City s P.O.T.W. through any sewer maintenance hole or through any other sewer connection not specifically approved as a designated discharge site. (d) Discharge of septage consisting of materials mixed from different types of septage is prohibited as specified under Section 5 of the Board s Septage Disposal Rules and Regulations. 2. Specific Pollutant Limitations. Septage Haulers are subject to specific pollutant limitations specified in Section 64.30, Subsection B.2. of the Code for all loads discharged to the City s P.O.T.W., except when discharging domestic septage, other than portable toilet waste, to the City s P.O.T.W. E. Septage Manifests. As part of a septage tracking system, a manifest, in a form prescribed by the Director, must be completed and submitted by every Septage Hauler for each generator or source of septage to be discharged to the City s P.O.T.W.

146 The manifest for each load being transported must be fully completed and be available, in the transport vehicle, for inspection by the City inspector at the time of discharge of such loads at the designated discharge sites. The manifest must be completed and submitted according to the provisions of the Board s Septage Disposal Rules and Regulations. F. Industrial Wastewater Permit. Upon determination by the Director, a generator of Industrial Wastewater or non-domestic septage, who intends to discharge such wastes at a designated discharge site, may be required to obtain an Industrial Wastewater Permit, per the requirements of Section 64.30, Subsection C.1. of the Code. G. Physical or Chemical Analysis. The Director may require physical and chemical analysis of any septage hauled by any Septage Hauler before permission is granted to discharge to the City s P.O.T.W. The Director may also collect and analyze samples of septage to determine its compliance with any applicable wastewater discharge pollutant limitations or requirements. H. Right to Reject. The Director may reject septage from any Septage Hauler if there is reason to believe that the septage may contain hazardous waste, industrial waste or any other waste which may require a chemical analysis to determine its quality and therefore acceptability for discharge to the City s P.O.T.W. I. Discharge Sites. The Board shall designate discharge sites and may establish the hours of operation where properly permitted Septage Haulers shall be allowed to discharge properly manifested septage. J. Service Area. Service Area shall mean the County of Los Angeles. The City shall not accept any septage originating from outside the County of Los Angeles unless specifically permitted by the Director as part of the Septage Disposal Permit provisions. K. Fees and Charges. Septage Haulers shall pay all applicable Septage Disposal Permit fees and charges established in this section. All fees and charges collected from Septage Haulers shall be deposited in the Sewer Construction and Maintenance Fund established by Section of this Code. Monies collected are to be expended for the purposes set forth in the above Subsection A1(e) and to provide for any appropriate refunds relative to such fees. 1. Determination of Fees and Charges. (Amended by Ord. No. 182,076, Eff. 4/6/12.) When necessary, as determined by the Board, the Board with the concurrence of the Office of the City Administrative Officer shall propose an appropriate and revised schedule of fees and charges. The Board shall then transmit the schedule of fees and charges to the Mayor and to the City Council for their approval and adoption. 2. Septage Disposal Permit Fee. (Amended by Ord. No. 182,076, Eff. 4/6/12.) An Annual Septage Disposal Permit Fee of $2,500 is required for each Septage Hauler vehicle that is permitted to discharge septage to the City's P.O.T.W. This fee shall be paid annually at the time of submittal of each application for issuance or renewal of a Septage Disposal Permit. The fee shall be annually adjusted as shown in the table below: Fee Permit Fee ($/year) July 1, ,000 July 1, ,500 July 1, ,000 July 1, ,500 July 1, ,000 July 1, ,500 July 1, ,000 July 1, ,500 July 1, , Septage Treatment Cost Recovery User Fees. (Amended by Ord. No. 182,076, Eff. 4/6/12.) The Septage Treatment Cost Recovery User Fee rate established at Subsection D.5.(b) of Section will be applied to the full tank capacity of the Septage Hauler's vehicle, for each vehicle permitted by the Director. 4. Emergency or Special Event User Fee. (Amended by Ord. No. 182,076, Eff. 4/6/12.) An Emergency or Special Event User Fee shall be charged to any Septage Hauler requesting access to any designated septage discharge site during non-business hours. The amount of the fee will be determined by the Director and will be equal to the City's costs to provide such a service. The fee shall recover all direct and indirect costs and shall include, at a minimum, City costs equal to the overtime salary rate of an Industrial Waste Inspector for three (3) hours. The fee will be billed to the Septage Hauler and will be charged in addition to the applicable user fee rates imposed pursuant to the provisions of Subdivision (3) of this Subsection. 5. Application of the Rates During an Emergency or Special Event. In the case of a major rain storm or earthquake, or other emergency as determined by the Director, or during a Special Event, as declared by the City Council, a Septage Hauler may discharge septage resulting from such emergency or Special Event at a designated septage discharge site. The Director shall screen such septage before it may be discharged to ensure that such a discharge will not adversely affect the City s P.O.T.W. or violate any of the City s discharge limitations. The Director shall bill the Septage Hauler the appropriate User Fee according to Subdivision 3. of this Subsection K. 6. Payment Method and Due Dates - Billing of Fees and Charges. Subject to the provisions of this subsection, all user fees and charges shall be

147 due in quarterly installments payable on the first day of January, April, July and October, with each such payment applicable to the immediately preceding quarter. This billing method will not be available to those Septage Haulers that become delinquent with the payment of their fees and charges as defined hereunder in Subdivision 7. of Subsection K. of this section. Delinquent Septage Haulers will no longer be invoiced, following the date on which they become delinquent, and will be required to pay in guaranteed form, prior to discharge, the payment required for the discharge of each load of septage the Septage Hauler intends to discharge, in accordance with Subdivision 8.(a) of Subsection K. of this section. 7. Delinquency - Additional Charge. If the user fees are not paid on or before the last day of the month in which they are due, the Septage Hauler shall be deemed delinquent and will be issued a delinquent notice by the Director. Additionally, a delinquency charge equal to ten percent (10%) of the required user fees, but not less than $10.00, shall be added to said user fees, and such additional charges shall become a part of the user fees required by this section and be payable for said period. If the invoices for said user fees are not postmarked before the due date, such user fees shall not become delinquent until 35 days following the invoice mailing date, at which time, such user fees shall become delinquent and the additional charges and time payment factors as provided above shall apply. 8. Failure to pay user fee or charge. Failure to pay any user fee or charge payable under this section within 10 days after issuance of the delinquent notice by the Director shall constitute grounds for the suspension or revocation of the Permit(s) held by such Septage Hauler or for the issuance of an order by the Director under the provisions of Section F. For purposes of this subsection, failure to pay includes a payment which has been dishonored. (a) Not withstanding any other provision in this Code: i. Pending a final determination by the Director to suspend or revoke a Septage Hauler s permit(s) for failure to pay; or, ii. Pending payment in full of all unpaid user fees or charges pursuant to an agreement to pay such user fees or charges, any Septage Hauler deemed delinquent under this subsection may, at the discretion of the Director, discharge septage to the City s P.O.T.W. on a load-byload basis on the condition that all user fees applicable for the load to be discharged are paid prior to discharge. All payments of applicable user fees and charges under this subsection shall be by way of money order, cashiers check or other guaranteed form of payment. (b) Payments made under this subsection will be accepted during normal business hours at one or more locations approved by the Director. (c) The remedies provided by this section are cumulative to each other and to all other remedies and penalties available to the City under law. This section shall not be construed to prevent the Director from suspending or revoking any Septage Disposal Permit for any reason set forth in Subsection F of this section. L. Enforcement. Violation of this Code, any term or condition of a Septage Disposal Permit, the Board s Rules and Regulations, or any order issued by the Director, may subject the Septage Hauler to enforcement action as provided herein. 1. Cause for Enforcement Action. An enforcement action may be initiated against a permittee for any of the following reasons: (a) When a discharge, singly, or by interaction with other discharges, may cause interference, pass through, or otherwise pose a significant risk of causing the City to violate its NPDES wastewater Permit requirements; (b) When a discharger obtains its Septage Disposal Permit by misrepresentation or fails to disclose fully all relevant facts in either the Permit application or any report, including falsification of self-monitoring reports or manifests or tampering with monitoring equipment; (c) (d) When a discharger fails to provide timely access to its records; When a discharger fails to timely pay applicable fees; (e) When a discharge, singly, or by interaction with other discharges, may have an adverse effect on public health, safety or welfare; on the P.O.T.W., its personnel, or on the environment; (f) (g) When a discharger exceeds effluent discharge limitations ; When a discharger fails to provide a complete and accurate Septage Manifest; (h) When a discharger violates any term or condition of its Septage Disposal Permit, this section, the Board s Rules and Regulations, or any order issued hereunder; and/or (i) When the Director determines that a permittee has acted in any manner inconsistent with the intent of this Code, the Septage Disposal Permit or the laws governing the operation of the City s P.O.T.W. Enforcement actions as provided herein may include any or all of the following:

148 2. Notice of Violation. (a) Scope of Notice of Violation. The Director may serve upon a Septage Hauler a written Notice of Violation. The Notice of Violation may require the Septage Hauler to promptly respond to the Director within a specified time period and to identify the reason(s) and cause(s) for the violation(s) and a plan for the satisfactory correction and prevention of future violations. (b) Effect of Notice of Violation. Submission of the response by a Septage Hauler to a Notice of Violation does not relieve the Septage Hauler of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the authority of the Director to take any action, including emergency actions or any other enforcement action, whether or not a Notice of Violation has been issued. 3. Administrative Orders. (a) Scope of Administrative Orders. The Director may issue Administrative Orders containing such terms and requirements as deemed necessary by the Director for determining the compliance status of the Septage Hauler; requiring the Septage Hauler to achieve compliance; and/or suspending the Permit(s) and requiring the cessation of discharge in whole or in part. (b) Effect of Administrative Order. (1) Failure of a Septage Hauler to comply with any condition or requirement set forth in any Administrative Order issued hereunder is a violation of this section and is independently enforceable for each day of a violation. An Administrative Order has the full force of law and is enforceable in a court of law. Administrative Orders shall become effective and final upon issuance by the Director. (2) A Septage Hauler s compliance with the requirements of an Administrative Order shall not relieve the Septage Hauler of liability for any violation of a Septage Disposal Permit, this section, the Board s Rules and Regulations or other legally applicable requirements occurring before or after receipt of the Administrative Order. (3) Nothing in this section shall limit the authority of the Director to take any action, including emergency actions, or any other enforcement action, whether or not an Administrative Order has been issued. (c) following: Description of Administrative Orders. Administrative orders which the Director may issue include, but are not limited to, the (1) Consent Orders. The Director and discharger may enter into a Consent Order establishing an agreement for achieving compliance with discharger requirements. Consent Orders reflect the agreement of the Director and discharger and are not appealable to the Board or otherwise subject to administrative or judicial appeal. (2) Cease and Desist Orders. The Director may issue Cease and Desist Orders requiring dischargers, among other things, to cease and desist all such violations and directing the user to: (A) Immediately comply with all Permit, Rules and Regulations and Code requirements, and; (B) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge or preventing further discharges. (3) Compliance Orders. The Director may issue Compliance Orders requiring dischargers, among other things to: (A) (B) (C) (D) (E) Comply with interim and/or final dates and steps for achieving compliance; Submit and implement a plan of corrective actions to be taken to maintain consistent and permanent compliance; Submit and implement a pollution prevention plan; Conduct additional self-monitoring; and/or Pay all delinquent fees and charges. (4) Permit Suspension Order. The Director may issue Permit Suspension Orders suspending the right of the Septage Hauler to discharge septage to the City s P.O.T.W. A Permit Suspension Order may be issued due to the Septage Hauler s failure to pay applicable fees or penalties or for other good cause, including causes as specified in Subdivision 1 of this Subsection L of this section. 4. Suspension of Septage Disposal Permit(s). (a) Notice of Intended Permit Suspension Order. The Director may serve the Septage Hauler with a Notice of Intended Permit Suspension stating the reasons therefor and the opportunity for a Show Cause Permit Suspension Hearing before the Director with respect thereto.

149 After such hearing, the Director shall make a final determination whether to issue the Permit Suspension Order or take other enforcement action. In cases where a Septage Hauler holds multiple Septage Disposal Permits and upon determination by the Director, the Permit Suspension Order may suspend all of the Septage Hauler s permits. (b) Cessation of Discharge. Any Septage Hauler notified of suspension of its Septage Disposal Permit(s) shall immediately cease and desist the discharge of all septage previously authorized by the Permit(s) to the P.O.T.W. It is unlawful for a Septage Hauler to continue to discharge any septage to the P.O.T.W. after the Septage Hauler s permit(s) has been suspended. (c) Reinstatement of Suspended Permit(s). The Director shall require that all deficiencies, violations and causes which led to the suspension of the Septage Hauler s permit(s), be removed and corrected and/or require that the Septage Hauler pay all of the delinquent fees, charges, penalties and other sums owed by the Septage Hauler to the City, or reach an agreement with the Board to pay such fee and charges before a suspended Permit is reinstated. Suspension of the Permit(s) does not relieve the Septage Hauler of its obligation to pay all applicable fees. (d) Failure to Correct as Cause for Revocation. Failure of the Septage Hauler to take the necessary corrective actions and request reinstatement of the suspended Permit(s) within ninety (90) days following issuance of a Permit(s) Suspension Order shall be grounds for Permit(s) revocation and service termination according to Subsection 5 of this section. 5. Revocation of Septage Disposal Permit(s). (a) Notice of Intended Permit Revocation. The Director, in the event of: (i) (ii) a violation of a Septage Disposal Permit, this Code, the Board s Rules and Regulations, any order issued hereunder; and/or The Septage Hauler s failure to pay applicable fees or penalties; and/or (iii) for other good cause (including causes as specified in Paragraph (d) of Subdivision 4 of this subsection, may serve the Septage Hauler with a Notice of Intended Permit Revocation, stating the reasons therefore and the opportunity for a Show Cause Permit Revocation Hearing before the Director with respect thereto. After such hearing, the Director shall make a final determination whether to revoke the Permit(s) or take other enforcement action. In cases where a Septage Hauler holds multiple Septage Disposal Permits, the Director may revoke all of the Septage Hauler s permits. (b) Cessation of Discharge. Any Septage Hauler notified of the revocation of its Permit(s) shall immediately cease and desist the discharge of all septage previously authorized by the Permit(s) to the P.O.T.W. It is unlawful for a Septage Hauler to continue to discharge any septage to the P.O.T.W. after Permit(s) has been revoked. (c) Issuance of New Septage Disposal Permit Subsequent to Revocation. After revocation of a Septage Hauler s permit(s), there shall be no further discharge of any septage by the Septage Hauler to the P.O.T.W., unless there has been a new application filed, all fees and charges that would be required upon an initial application and all delinquent fees, charges, penalties and other sums owed by the Septage Hauler and/or the applicant to the City have been paid to the City, or the Septage Hauler has reached an agreement with the Board to pay such charges and fees, and a new Septage Disposal Permit has been issued. Any costs incurred by the City, including administrative costs and investigative fees, in revoking the Septage Disposal Permit(s) shall also be paid for by the Septage Hauler before issuance of new Septage Disposal Permit(s). 6. Appeals and Hearings. (a) Appeals. Upon the issuance of an Administrative Order or notification of Permit revocation by the Director, a Septage Hauler may, within 14 days from service of the Director s order or notice, submit a written request to the Secretary of the Board for a Board hearing to appeal said order or notice. The filing of said appeal does not act to stay any enforcement action or time set for compliance nor does said filing of an appeal in any way relieve the Septage Hauler from any liability or responsibility for the violation which is the subject of the appeal. Nothing in this section shall act to limit the authority of the Director to take any action, including emergency actions or any other enforcement actions, whether or not a request for appeal has been made. Failure of the Septage Hauler to request a hearing within the specified time or failure to pay any required filing fees shall be deemed a waiver of request for such a hearing. In the event of a hearing request to consider an Administrative Order or notification of Permit Revocation as determined by the Director, the Board, or a hearing examiner designated by the Board for that purpose, upon written request by the Septage Hauler, shall conduct the hearing to consider the appeal of said order or notice within a reasonable period of time with consideration shown for the convenience and necessity of all parties and their representatives. (b) Hearings. (1) At the hearing the Director shall submit, for the record, evidence to support the issuance of the Administrative Order or notification of Permit Revocation which is the subject of the appeal. The Septage Hauler shall have the opportunity prior to the hearing to examine the evidence to be submitted by the Director. The Septage Hauler or counsel should be present at the hearing and will be given the

150 opportunity to present any relevant evidence or witnesses, and ask questions or make comments concerning the Director s evidence and testimony. Failure of the Septage Hauler or the Septage Hauler s representative to appear at the hearing after receiving notice of the hearing shall be deemed a waiver of hearing rights. (2) At the conclusion of the hearing, the Board shall make findings and determine whether the evidence presented at the hearing supports the issuance of the Administrative Order or notification of Permit Revocation which is the subject of the appeal. (c) Notification. Only those persons who request a hearing need be notified of the date and time of the hearing. The Board Secretary shall make said notification at least ten (10) days prior to the date of the hearing by certified mail, postage prepaid, return receipt requested, to the address as shown on the hearing request. (d) Continuances. The Board may grant continuances; however when a hearing examiner has been assigned to such hearing, no continuances may be granted except by that hearing examiner, for good cause shown, so long as the matter remains before the hearing examiner. (e) Reporting. The proceedings at the hearing shall be reported by an electronic recording if requested by any party thereto. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the prescribed fee therefor. (f) Oaths-Certification. In any proceedings under this division, the Board, any Board member, the secretary of the Board or the hearing examiner has the power to administer oaths and affirmations and to certify to official acts. (g) Appointment of Hearing Examiner(s). Whenever an appeal or protest is made to the Board pursuant to this section, the Board may appoint one or more hearing examiners or designate one or more of its members to serve as hearing examiners, and direct such hearing examiner or examiners to consider all or part of such appeal or protest or to conduct all or part of such hearing and to submit a report or reports thereon as hereafter provided. Hearing examiners may, be appointed from among the officers or employees of the City. (h) Report of Hearing Examiner. Within such period as may be fixed by the Board, the hearing examiner shall submit a written report to the Board. Such report shall contain a brief summary of the evidence considered and shall state the hearing examiner s conclusions and recommendations, and if the matter is then ready for decision, the report shall contain a proposed decision, in such form that it may be adopted by the Board as its decision in the case, and a brief statement of the hearing examiner s reasons therefor. All hearing examiner s reports shall be filed by the secretary of the Board as public records. A copy of each proposed decision so filed shall then be mailed by the Secretary of the Board to each party. (i) Consideration of Report by Board. The Board shall fix a time when the Board will consider the report of the hearing examiner. Notice thereof shall be mailed by the Board Secretary to each party not less than ten (10) days prior to the date fixed, unless otherwise stipulated. Not later than five (5) days before such date any party may file written exceptions to any part or all of the hearing examiner s report. (j) Disposition by Board. (1) After considering the hearing examiner s report and any exceptions, proposals, and arguments submitted, the Board may adopt, reject, or modify such report in whole or in part. If the matter is then ready for decision, the Board may proceed to make its decision. (2) If the Board does not decide the matter upon the hearing examiner s report, the Board may itself consider the matter either in whole or in part, upon the record, including the transcript, or may decide the matter after itself receiving the whole or any part of the evidence or may refer part or all of the matter to the same or another hearing examiner. If part of the matter is so referred to an hearing examiner, such hearing examiner shall prepare and submit to the Board a report, including a proposed decision as provided in this section, upon the evidence heard by such hearing examiner, and the papers, records, and reports which are part of the record of the prior hearing, and thereafter the matter shall proceed as heretofore provided in the case of an original hearing examiner s report. If additional evidence is received by the Board itself, no member thereof may vote on the matter unless the member has heard the additional testimony or has read a reporter s transcript of the same, or if there was other additional evidence, unless the member has considered such other additional evidence. The Board shall give such notice of its decision as is provided or required in cases where it makes no reference to a hearing examiner. (k) Duty to Exhaust Administrative Remedies. A Septage Hauler has the legal obligation to exhaust administrative remedies. Failure of a Septage Hauler to pursue its appeal rights hereunder or to appeal the Director s decision is a waiver of such rights. Accordingly, any action of the Director which was subject to review by the Board under this subdivision, but was not appealed to the Board, shall not be subject to judicial review in any civil proceeding. 7. Judicial Enforcement Remedies. (a) Injunctive Relief. Whenever a Septage Hauler has violated or continues to violate the provisions of a Septage Disposal Permit, this section, Board s Rules and Regulations or any order issued hereunder, the Director, through the City Attorney, may petition the Superior Court for the issuance of a temporary or permanent injunction, as may be appropriate, which restrains or compels the specific performance of the order or other standard or requirement imposed by this section on activities of the Septage Hauler. The Director may also seek such other relief as may be appropriate including a requirement for the Septage Hauler to conduct environmental remediation. The petition for injunctive relief shall not be a bar against or a prerequisite for taking any other action against a Septage Hauler.

151 (b) Civil Liability. Pursuant to Section of the Government Code, any person who violates conditions of a Septage Disposal Permit, this section, the Board s Rules and Regulations, any order issued hereunder, or any other provision as identified in Section 54739(a) of the Government Code, may be civilly liable in a sum of not to exceed twenty-five thousand dollars ($25,000) a day for each violation. The local agency may petition the superior court to impose, assess, and recover such sums. Remedies under this section are in addition to and do not supersede or limit any and all other remedies, civil or criminal, but no liability shall be recoverable under this section for any violation for which liability is recovered under Subdivision 8 of this section. (c) Criminal Liability. It shall be unlawful for any person to violate any condition of a Septage Disposal Permit, this section, the Board s Rules and Regulations, or any order issued hereunder. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code, the Board s Rules and Regulations or, any order issued by the Director pursuant to this Code shall be guilty of a misdemeanor and said violation shall be punishable by a fine of not more than $1, for each offense or by imprisonment in the County Jail for a period of not more than six (6) months, or by both such fine and imprisonment. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of a Septage Disposal Permit, this Code the Board s Rules and Regulations, or any order issued hereunder, by such person, and each such violation shall be punishable accordingly. Nothing in this Code shall prohibit the payment of investigative costs by any person so convicted of violating any of the mandatory requirements of this Code, the Board s Rules and Regulation or, any order issued by the Director pursuant to this Code, to the Bureau of Sanitation, to reimburse said agency for all costs expended to investigate and/or enforce the requirements of this Code, the Board s Rules and Regulations or, any order issued by the Director pursuant to this Code. SEC PRIVIES PROHIBITED. (Added by Ord. No. 127,508, Eff. 6/29/64.) No privy shall be used or maintained within the City of Los Angeles except as follows: A temporary, sanitary approved-type pit latrine may be used in demonstrations of basic sanitation by recognized groups such as civil defense organizations, when the location and conditions of such use have been inspected and approved by the health officers. When abandoned, all privy vaults must be filled with clean earth. SEC TESTING AND ANALYSIS OF MATERIALS, PRODUCTS, SERVICES, PROCESSES AND TECHNOLOGIES. (Added by Ord. No. 162,868, Eff. 11/22/87.) Any person or firm seeking the approval of or the testing and analysis by the Department of Public Works of any material, product, service, process or technology relating to this chapter shall first obtain a Class B permit pursuant to Sections , and , and shall be required to pay the total costs incurred by the City for any such testing and analysis. ARTICLE 4.1 SEWER SERVICE CHARGE (Added by Ord. No. 143,605, Eff. 8/3/72.) Section Definitions Charges Billing Collection Payment of Charges Delinquency Penalties Adjustments Exemptions Appeals Dispositions of Funds Sewer Service Charges Held in Trust Annual Review. SEC DEFINITIONS. (Renumbered by Ord. No. 162,637, Eff. 8/23/87.) For purposes of this article, the following definitions shall apply: (a) Adjustment - A determination that the volumetric amount of sewage which enters the sewer system from a premises is based on sewage

152 volume other than that prescribed by Section (g) of this article. (Renumbered and Amended by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) (b) Billing Period - A period used by Water and Power to accumulate water consumption data for invoicing purposes. Such periods are monthly or bi-monthly. (Added by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) (c) Board The Board of Public Works of the City of Los Angeles. (Renumbered by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) (d) Commercial - The use of the sewer system which is in any manner related to the operation of any premises for the purposes of business, trade, commerce, or as a church or public meeting place, and not otherwise included in the definitions of Industrial, Multiple Dwelling, or Residential in this Section. (Renumbered and Amended by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) (e) "Default Percentage Discharge" - The factor by which a commercial, governmental, multiple dwelling or industrial user's water use is multiplied to estimate the discharge into the City sewer system. (Added by Ord. No. 182,076, Eff. 4/6/12.) (f) Director - The Director of the Bureau of Sanitation of the Department of Public Works of the City of Los Angeles or the duly authorized representative thereof. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) (g) Dry Winter Compensation Factor - A factor of 1.0 or less, determined annually by the Board, which is multiplied by the Winter Water Use of a premises to compensate for a Rainy Season with insufficient rainfall to obviate irrigation of outdoor planting. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) (h) 4/6/12.) Exemption A determination that a premise does not discharge into the City s sewer system. (Renumbered by Ord. No. 182,076, Eff. (i) Fiscal Year - The twelve month period beginning the 1st day of July of a calendar year and ending the 30th day of June of the subsequent calendar year. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) (j) Governmental A municipal corporation, city and county, county, state, federal, governmental, political or quasi-public unit, body, agency or entity. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) (k) hcf - A measurement unit of volume equal to 100 cubic feet. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) (l) Industrial The use of the sewer system which is in any manner related to manufacturing or processing activities. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) (m) Low-Strength Industrial User - An industrial user discharging low- strength industrial wastewater. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) (n) Low-Strength Industrial Wastewater - Industrial wastewater determined to contain concentrations of less than the designated Biochemical Oxygen Demand (BOD) and Suspended Solids (SS) values in the Board Rules and Regulations Governing Disposal of Industrial Wastewater into the Publicly Owned Treatment Works of the City of Los Angeles. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) (o) Low-Strength Sewer Service Charge Rate - A sewer service charge rate which only includes the flow cost component in the calculation of the sewer service charge rate for those industrial users discharging low-strength industrial wastewater. The low-strength sewer service charge rate does not include a cost component for the strength of the wastewater. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) (p) Multiple Dwelling - The use of the sewer system which is in any manner related to the ownership, operation, or maintenance of an apartment house, condominium, stock cooperative, or community apartment project; provided however, the application of this term is limited to a structure or structures consisting of five (5) or more dwelling units served by a single water meter, but shall not apply to the ownership, operation, or maintenance of mobile home parks as defined in Section of this Code. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) (q) Owner The legal owner of the real property, except when the legal owner of said real property is such due to the holding of a mortgage, note or other such security, in which case the owner shall be deemed to be the beneficial owner of said real property. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) (r) Premises One or more contiguous parcels of real property under one ownership. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) EXCEPTIONS: (1) If the foregoing area consists of subareas which are: (i) (ii) leased or rented for other than residential purposes; and devoted to unrelated uses; and

153 (iii) served by separate City water meters; the premises may be determined based on the individual sub-areas. (2) If the foregoing area is divided into sub-areas which are: (i) (ii) (iii) (iv) separate legal lots or parcels; and devoted to residential use or vacant; and served by separate City water meters; and not developed as part of a unified whole; the premises may be determined based on the individual sub-areas. (3) Notwithstanding any other provisions, for a common interest development, as defined in Section 1351 of the Civil Code of the State of California, the premises shall be all the volume of space within the development. (s) Rainy Season - A period of consecutive days, determined annually by the Board to be most representative of a period within each fiscal year, during which the need for irrigation of outdoor planting is minimized. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) (t) Rainy Season Billing Period - Determined annually by the Board individually for each premises, that bimonthly billing period or those two consecutive monthly billing periods, occurring wholly within the Rainy Season Review Period of a fiscal year, having the lowest average daily amount of water supplied to the premises. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) (u) Rainy Season Review Period - A period of consecutive days completely containing the Rainy Season of a fiscal year, determined annually by the Board to be sufficiently long to determine a Rainy Season Billing Period for each premises. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) (v) Residential - The use of the sewer system which is primarily related to domestic sewage production from a premises consisting of a residential dwelling or dwellings and not included in the definition of Multiple Dwelling in this section. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) (w) Sewage The spent water of the community received by the sewer system. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any ground water, surface water, and storm water that may he present. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) (x) Sewer System Collectively. all of the property involved in the operation of the sewage collection, treatment, and disposal system of the City of Los Angeles, including land, sewers and appurtenances, pumping stations, treatment works and equipment. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) (y) User - An owner or occupant of a premises in the City of Los Angeles from which sewage is discharged into the sewer system. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) (z) Water and Power The Department of Water and Power of the City of Los Angeles. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) (aa) Winter Water Use - The average daily amount of water supplied to a premises during the Rainy Season Billing Period. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) (bb) Ultra-Low-Flush Toilet. A toilet designed to evacuate the content of the bowl using a maximum of 1.6 gallons of water per flush. (Renumbered by Ord. No. 182,076, Eff. 4/6/12.) SEC CHARGES. (Amended by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) (a) There is hereby imposed a sewer services charge for the receiving, transportation, pumping treatment and/or disposal of sewage through the sewer system. (Amended by Ord. No 151,211, Eff. 8/7/78.) (b) The Sewer Service Charge (SSC) will be a charge to all users on the volume of sewage discharged to the sewer system from a premises. The SSC shall be paid by the user or other person billed by either Water and Power or the Office of Finance, whichever has billed for such charge. If the user is someone other than the owner of the premises the owner and such user shall be jointly and severally obligated to pay the SSC. The imposition of the SSC based on the volume of sewage discharged shall not preclude imposition of a supplemental charge to industrial users based on the quality of sewage discharged ( Quality Surcharge

154 Fee ), as provided by Section D.4. of this Code. (Amended by Ord. No. 173, 587, Eff. 12/7/00.) (c) Any allocation of the Sewer Service Charge rate between the financing of capital improvements and the payment of the costs of operation and maintenance (including replacement) of the sewer system, or any other adjustment of the rate, necessary to comply with the provisions of federal or state law, shall be made by the Board following adoption of the budget for each fiscal year. (d) No Sewer Service Charge shall be billed to or collected from a premises where no portion of the water supplied or delivered to the premises, from whatever source, neither traverses through any portion of the City s sewer collection system or is treated at any of the City s sewage treatment facilities. (e) Sewer Service Charge Computation: The Sewer Service Charge for each user shall be computed by multiplying the applicable rate, as provided in Subsection (f), by the volume of sewage discharged to the sewer system from a premises, as provided in Subsection (g); the result shall be decreased by a lowincome subsidy, as provided in Subsection (h), or increased by a low-income subsidy surcharge, as provided in Subsection (i), whichever is applicable. (f) Rate: The rate applicable to calculating the Sewer Service Charge shall be determined as follows: (1) For users whose premises discharge sewage to the sewer system, and this sewage is treated in the City's facilities, the rate shall be $3.27 per hcf of sewage discharged, except as provided in Subdivision (2) of this Subsection. (Amended by Ord. No. 182,076, Eff. 4/6/12.) (2) Any Low-Strength Industrial User may petition the Board and request to pay its Sewer Service Charge at the Low-Strength rate of $2.268 per hcf, for the flow component of its wastewater discharge in addition to paying a "Zero-Based" Quality Surcharge Fee for the strength component of its wastewater discharge per Section D.4.(b) and (c) of this Code. The petitioner must submit analytical data on its discharge at the time of and with its petition, demonstrating that the average strengths of its BOD and/or SS concentrations discharged over a one-year period are less than the designated BOD and SS values in the Board Rules and Regulations Governing Disposal of Industrial Wastewater into the Publicly Owned Treatment Works of the City of Los Angeles. Fees paid in accordance with this paragraph shall be effective for services provided up to one year prior to date of petition to pay such fees. (Amended by Ord. No. 182,076, Eff. 4/6/12.) (3) A Supplemental Charge shall be added to the charge imposed pursuant to the provisions of Subdivision (1) of this Subsection at the rate of $0.15 per hcf of sewage discharged, and a Supplemental Charge shall be added to the charges imposed pursuant to Subdivision (2) of this Subsection at the Low-Strength rate of $0.102 per hcf. The rates identified in this Subdivision shall be annually adjusted as shown in the table below: (Amended by Ord. No. 182,076, Eff. 4/6/12.) Effective Date July 1, 2012 July 1, 2013 July 1, 2014 July 1, 2015 July 1, 2016 July 1, 2017 July 1, 2018 July 1, 2019 July 1, 2020 Supplemental Sewer Service Charge ($/hcf) Supplemental Low- Strength Sewer Service Charge ($/hcf) (4) The Supplemental Charge imposed pursuant to the provisions of Subdivision (3) of this Subsection shall be subject to all of the provisions of this Article, except that it shall not be subject to the provisions of Subsection (h) or Subsection (i) of this Section. (Amended by Ord. No. 182,076, Eff. 4/6/12.) (5) If a premises discharges sewage to the sewage collection system but the sewage is not treated at the City's sewage treatment facilities, the applicable rate shown at Subdivisions (1), (2) and (3) of this Subsection shall be 15% of what it would otherwise be if the sewage was treated at the City's sewage treatment facilities. (Added by Ord. No. 182,076, Eff. 4/6/12.)

155 (g) Sewage Volume: The volume of sewage discharged from a premises, used for the purposes of calculating the Sewer Service Charge, shall be determined as follows, unless the Board has authorized an adjustment pursuant to Subsection (b) of Section : (1) For residential users, the volume for each day billed to a user on a premises within a fiscal year shall be the greater of the following: (A) the Winter Water Use for that user on that premises during the most recently determined Rainy Season Review Period multiplied by the corresponding Dry Winter Compensation Factor; or (B) the minimum reasonable volume of sewage discharged by a household consisting of one resident as determined by the Board. EXCEPTION: If the volume of water delivered to a premises during a billing period is zero, the volume of sewage discharged shall be zero. The Board shall establish rules to estimate the volume of sewage discharged when the record of data for a user on a premises during the most recently determined rainy season is incomplete or nonexistent. (Amended by Ord. No. 172,763, Eff. 9/19/99.) (2) For Commercial, Governmental, Multiple Dwelling, and Industrial users, the volume shall be the volume of water supplied to the premises during the billing period multiplied by the Default Percentage Discharge. The Board shall annually adjust the Default Percentage Discharge based, in whole or in part, on Department of Water and Power Water conservation policies, to reflect the amount of flow discharged to the sewer system by commercial, governmental, multiple dwelling, and industrial users, but in no event shall the Default Percentage Discharge be less than 90% or exceed 94%. (Amended by Ord. No. 182,076, Eff. 4/6/12.) (3) Direct Measurement/Calculation: A. In lieu of paragraphs (1) or (2) above, the Board may authorize the direct measurement or calculation of the volume of sewage discharged from a premises in the following circumstances: i. Where in the Board s judgement, the flows of sewage from the premises are sufficient for accurate measurement, any user may obtain a permit from the Board and install a device or devices approved by the Board to measure all the sewage discharged into the sewer system from the premises. For purposes of this article, the total aggregate sewage measured through said device or devices sharing a given billing period will be deemed to be the sewage volume discharged from the premises for said billing period. ii. Where the plumbing on a premises has been arranged to isolate the plumbing which serves uses that are tributary to the sewer from the uses not so tributary, subject to inspection and approval by the Department of Building and Safety (DBS), a user may obtain Board authority to install one private water meter for each tributary City water meter serving the premises. When the private meter is installed on the tributary service, the Sewer Service Charge shall be billed based on the volume of water through the private meter during the billing period. When the private meter is installed on the non-tributary service, the Sewer Service Charge shall be billed based on the difference between the volume through the City meter and the private meter during the billing period. A user may allow hose bibbs to remain attached to the tributary service, but no credit against the Sewer Service Charge shall be given in such a case. The Board shall promulgate rules which determine whether the meter is to be installed on the tributary or non-tributary service. A user may choose at any time to revert to volume determination based on the methods in Paragraphs (1) or (2) above, whichever is applicable; however, such a user may not again be approved for private metering before 12 months have elapsed since the effective date of reversion. The Board may require the user at any time to install a device to telemeter the data obtained by the metering device back to a City computer if the installed meter allows for this to be done. B. Whenever the Board has authorized the direct measurement or calculation of sewage volume discharged from a premises, the user shall bear all responsibility for the expense of permits, equipment, installation, and maintenance of any private water meter. The Board may require periodic testing of installed equipment to insure reasonable accuracy. The board may revert a user who does not repair malfunctioning equipment within the time which the Board may specify to volume determination based on the methods in paragraphs (1) or (2) above, whichever is applicable. (h) Low-Income Subsidy: The Sewer Service Charge shall be reduced by 31% for low-income Residential users who pay such charges, the definition of such a class being determined by the Board of Water and Power Commissioners, subject to verification by the Director of Sanitation, for the first 18 billing units (a billing unit being each hcf of sewage entering the sewer system) of each two-month billing period, or the first nine billing units for each one-month billing period as to any such Residential user billed monthly. (Amended by Ord. No. 182,076, Eff. 4/6/12.) (i) Low-Income Subsidy Surcharge: The Sewer Service Charge to all users, who are not within the class of a low-income Residential user, as provided in Subsection (h), shall be increased by a surcharge of 0.84%. (j) The sewer service charge for the volume of sewage introduced into the sewer system from any property not supplied with water by Water and Power will be determined by the Board and shall be as nearly as possible equivalent to the sewer service charge established under this section for similar property supplied with water from Water and Power.

156 (k) The Board shall have the power and duty, and is hereby directed to enforce all of the provisions of this article, except as otherwise set forth herein, and shall provide such rules and regulations as are consistent with the provisions of this article and as may be necessary or desirable to aid in the administration, including adjustments. and enforcement of the sewer service charge. (l) The Board or any of its authorized representatives may make such inspections or investigations as said Board deems necessary at any reasonable time in any building, premises or lot for any of the purposes set forth in this article. No person shall interfere with, prevent or refuse to permit the entry of said Board or any of its authorized representatives into or upon any building, premises or lot for any of the purposes set forth in this article. (1) To determine the size, depth and location of the sewer or storm drain connection; (2) To determine the outlet of an sewer or storm drain connection by depositing testing materials in any plumbing fixture attached thereto and flushing the same, if necessary; (3) To determine by measurements and samples the quantity of sewage or waste water being discharged into any sewer, storm drain or water course; (4) To inspect, test and sample the discharge of any device used to prevent the discharge into any sewer, storm drain, or water course of illegal waste or illegal quantities of waste, such as floor drains, sand boxes, grease traps or other clarifiers, also, of those devices used to grind, shred, pulverize, or otherwise treat garbage or industrial waste before discharging same into a sewer or storm drain. (5) To determine the location of roof, swimming pool and surface drains, and whether they are connected to a street gutter, storm drain or sewer. (6) To determine the nature and quantity of flow in any open water course or storm drain. SEC BILLING COLLECTION PAYMENT OF CHARGES DELINQUENCY PENALTIES. (Amended by Ord. No. 173, 587, Eff. 12/7/00.) (a) The collection of the sewer service charge imposed by this article shall be under the direction. supervision and control of the Office of Finance. (b) The Office of Finance and City Controller, and the deputies of each of them, shall have the power to audit and examine all books and records as may be necessary for the purpose of ascertaining the amount of sewer service charges required to be paid according to the provisions of this article, and for the purpose of verifying the statements or any item thereof filed pursuant hereto. Each person, individual, corporate or otherwise whose duty it is to remit to or to collect and remit to the City of Los Angeles any sewer service charge imposed by this article shall keep and preserve for a period of four (4) years all books and records as may be necessary for the purpose hereof. (c) (Amended by Ord. No. 171,497, Eff. 3/7/97.) The Office of Finance shall arrange for the billing and collection of, and accounting for the Sewer Service Charge through and by available facilities of Water and Power insofar as possible and, with the advice and assistance of the Director of the Office of Administrative and Research Services (Amended by Ord. No. 173,363, Eff. 7/29/00, Oper. 7/1/00.), shall arrange for the payment to Water and Power of its costs of such services, and to the extent such billing and collection by Water and Power are not deemed possible or practical by the Office of Finance due to adjustments or otherwise, separate billing and collection at reasonable and regular intervals shall be provided for by the Office of Finance. For those industrial users that pay a low-strength sewer service charge rate, the Bureau of Sanitation shall calculate the amount to be billed for the strength cost component of the Sewer Service Charge, as Zero-Based Quality Surcharge Fee, and the Bureau of accounting shall perform the billing and collection of, and accounting for said fee. (d) The Office of Finance shall have the power and duty, and is hereby directed, to enforce all of the provisions of this section, and may make such rules and regulations as are consistent with the provisions of this article as may be necessary or desirable to aid in the administration and enforcement of the provisions of this article. (e) The duty to collect the sewer service charge from a user or other person billed by Water and Power as provided for in this article, shall commence with the beginning of the first regular billing period of Water and Power applicable to said user or other person billed which starts on or after the operative date of this ordinance. (Amended by Ord. No. 162,637, Eff. 8/23/87.) (f) The sewer service charge shall be billed to and paid by said user or other person in whose name or names the water meter or meters serving said premises is listed upon the records of Water and Power, or, in the absence of such listing, as may be determined by the Board provided however the owner of said premises shall also be liable, jointly and severally, for any unpaid charges. (Amended by Ord. No. 162,865, Eff. 11/22/87.) (g) (Amended by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) Unless the billing is handled through some other procedure the sewer service charge shall be billed by Water and Power in accordance with its regular billing practices, shall be added to and included on each water bill of Water and Power to users of the sewer system, and shall be due and payable to the City of Los Angeles through Water and Power at the time and in the manner of the payment of said water bill and other charges made thereon. If any increase in the sewer service charge, as a result of an amendment to Section of this Code, is effective during a particular user s billing period, said user will be billed at such new rate for the period of time during such billing period said new rate is in effect and at the old rate for the period of time prior to that. For the purpose of such proration the water delivered or furnished to the premises, or the sewage discharged from the premises

157 pursuant to Section of this Code, will likewise be prorated based on the respective number of days during such billing period the new and old rate are in effect. (h) Where Water and Power does not supply, deliver to, or connect, any of its water lines to a premise in the City of Los Angeles from which premise the sewer system receives sewage, and said user is determined by the Board to be a user of the City s sewer system, the user shall be billed separately by the Office of Finance. (Amended by Ord. No. 151,211, Eff. 8/7/78.) (i) All bills for the sewer service charge provided for herein are due and payable upon presentation. Bills not paid within fifteen (15) days after date of presentation shall be deemed delinquent. (j) (Amended by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) Whenever the Office of Finance determines that a user or other person billed as provided for in this article has deliberately withheld or failed or refused to pay all or any part or portion of the sewer service charge billed to him by Water and Power, and the Office of Finance deems it in the best interest of the City, the Office of Finance may relieve the Water and Power of any obligation it may have to bill or collect, or both, the sewer service charge from said user or person billed, and assume the billing or collection, or both, thereof for the periods involved. If the Office of Finance for whatever reason assumes from Water and Power the direct billing or collection, or both, of the sewer service charge, he may at said time so notify the person billed and, in addition, the owner of the premises, if other than the person billed, of the delinquency, if such be the case. Whenever the Office of Finance determines that a user or other person billed initially by him has deliberately withheld or failed or refused to pay all or any part or portion of the sewer service charge billed, and the Office of Finance deems it in the best interest of the City, the Office of Finance may serve notice on the user or other person billed and, in addition, the owner of the premises, if other than the person billed, of his or her delinquency. The notice in either event shall be served on the user or other person billed and, in addition, the owner of the premises, if other than the person billed, by handing it to him or her personally, or by deposit of the notice in the United States mail, postage prepaid thereon, addressed to the user or other person, at the address to which billing was made by Water and Power, or, if his or her address has been changed or he or she was not so billed then to his or her last known address and, in addition, the owner of the premises, if other than the person billed, at such owner s address. The notice shall include information as to the amount due and a warning notice that if the amount due is not paid within fifteen (15) days, proceedings to establish a lien against the real property to which the service was furnished will be instituted, and if the lien is established and recorded, penalties and interest, pursuant to this article, will accrue. If the user or person billed or, in addition, the owner of the premises, if other than the person billed, fails to pay the Office of Finance within fifteen (15) days from the date of service of the notice upon such person, which shall be the date of mailing if service is not accomplished in person, the Office of Finance is authorized to make such delinquent charges a lien against any such property (except that no such lien shall be created against any publicly owned property). Such lien proceedings will be initiated by the Office of Finance by preparing a list of such delinquencies containing the names, the amount due, and the description of each parcel to be subjected to the lien procedure. The descriptions of the parcel shall be hose used for the same parcels on the Assessor s map books for the current year. The Office of Finance shall fix a time, date and place for hearing any protests or objections to the list, and shall cause notice of the hearing to be mailed to each owner of the parcels of real properly to be subjected to the lien not less than ten (10) days prior to the date of hearing. Any person opposing the lien upon real property which is owned by such person may submit his or her protest either in writing, orally, or both. The oral hearing may be continued from time-to-time as schedules require. The Office of Finance shall keep a record of the notices, the persons to whom such notices were mailed, the date of mailing, and the person responsible for the mailing. A declaration by the person responsible for such mailing that it was made shall be sufficient evidence that notice was given. At the hearing on the list of the Office of Finance for imposition of the lien the list shall be prima facie evidence of he matters contained therein. The burden of going forward with the evidence to establish the incorrectness of the list shall be upon the person opposing the proposed lien. Upon a conclusion of the hearing, the Office of Finance shall confirm and verify the list to be recorded in the County Recorder s Office. The lien as to each parcel properly described in such list shall carry a basic penalty of ten percent (10%) of the amount owed or an administrative expense of fifty dollars ($50.00), whichever is higher, together with an additional penalty at a rate of one percent (1%) per full month compounded monthly from the date of recordation of the lien on all charges due. Such lien shall have the same force, effect, priority and duration as to the real properly described as would the lien of an abstract of judgment against the owner of real property at the time such list is recorded and may be enforced in like manner. Property may be discharged from the lien by the payment of all delinquent charges plus penalties. A list of all such delinquent charges shall be recorded at least every six months, but no delay or informality in recording the same shall invalidate the lien or any unpaid charge or any subsequent act or proceeding. If through error or otherwise the amount of any unpaid charge plus penalties thereon as stated in said list shall be incorrect, said error shall be disregarded and shall not affect or invalidate the filing if said error is one dollar ($1.00) or less. The Director shall provide such information, as necessary, to the Office of Finance in reference to property descriptions and owners. (k) The sewer service charge shall be a civil debt owing to the City of Los Angeles from the user of any premises from which sewage is received or collected into the sewer system, or from any other person billed as provided in this section. Any person owing money to the City under the provisions of this article shall be liable in an action brought in the name of the City of Los Angeles in any court of competent jurisdiction for the recovery of such amount and any penalty imposed thereon pursuant to the terms of this article. In any such action reasonable attorney s fees shall be awarded to the City of Los Angeles. (Last Sentence added by Ord. No. 162,637, Eff. 8/23/87.) (l) If the Office of Finance finds that he cannot collect the sewer service charge and penalty or either of them imposed under the terms of this article, or that his efforts to collect any such amount would be disproportionately costly with relation to the probable outcome of the collection efforts, he may prepare a report setting forth his finding and the reasons therefor, and submit it to a Board of Review which shall be composed of the City Controller, the Office of Finance, and the City Attorney, or the duly appointed representative of each. The Board of Review may call for additional evidence as it may deem relevant. Upon unanimous approval of a finding by the Board of Review, the Office of Finance may remove from his active accounts receivable said unpaid sewer service charge and penalty.

158 If the Board of Review does not unanimously recommend approval of the finding, the matter shall be returned to the Office of Finance. The Office of Finance may include in a single report his findings and supporting reasons regarding the sewer service charge and penalty due from more than one user or person billed. The removal from the active accounts receivable of the Office of Finance of any unpaid sewer service charge and penalty as provided for by this article shall not preclude the City from collecting or attempting to collect any such sewer service charge and penalty. (m) The Office of Finance for and in the name of the City of Los Angeles may enter into a written agreement in form approved by the City Attorney, with any person indebted to The City of Los Angeles pursuant to the terms of this article obligating said person to pay such indebtedness to the Office of Finance in monthly or more frequent installments, but in no event over a period greater than one year. In any such agreement such person, whether corporate, individual or otherwise, shall acknowledge the obligation owed to the City and his indebtedness thereon, shall agree that in the event of his failure to make timely payment of any installment thereof that the whole amount then due and unpaid may be determined by the Office of Finance to be immediately due and payable in full, and shall agree to pay all costs and reasonable attorneys fees incurred by or on behalf of the City in collection thereof or for any legal proceeding commenced for said purpose. (n) Whenever a payment mailed to the City is received after the time prescribed in this article for receipt thereof, the Office of Finance or Water and Power as the case may be, may accept proof that there had been a timely deposit thereof in the United States mail and that no delinquency or penalty is applicable thereto. (o) Whenever the amount of a sewer service charge and penalty, or either, is determined by Water and Power or by the Office of Finance to have been overpaid, paid more than once, or to have been erroneously collected or received by it in whole or in part, the office making said determination may provide for correction thereof either by refund or by credit on future bills in its discretion. (p) Where there is a dispute with respect to the sewer service charges or penalties or both, owing to the City, the Office of Finance, with the written approval of the City Attorney and subject to the provisions of the Charter of the City of Los Angeles, may compromise the amount of the City s claim for sewer service charges or penalties, or both, which may apply thereto where the portion of the amount proposed to be released is less than $500.00; and with the approval of the City Attorney and the City Council, may compromise such amount where the portion proposed to be released is $ or more. (q) Remedies for collecting and enforcing rates and charges set out in this article are cumulative and may be pursued alternately, or any thereof may be used consecutively when the City Council so determines. If any one of said remedies is or may be invalid, all valid remedies shall remain effectual until the principal and interest of the bonds are fully paid. Any holder of any bond outstanding at any time may compel the use of any or all of the remedies herein provided. The costs of collection and enforcement of the remedies for the collection or charges may be paid from the revenues. (Amended by Ord. No. 162,637, Eff. 8/23/87.) (r) Where a singular, non-recurrent, incident occurs on a premises which results in a discharge of metered water and which is not tributary to the sewer, upon receipt of a written application and satisfactory evidence, the Board shall provide for abatement of the Sewer Service Charge applicable to the volume of water so discharged up to a maximum of $5000. In the Board's discretion, the abatement may occur through a refund or a credit on future bills. (Amended by Ord. No. 180,157, Eff. 9/26/08.) SEC ADJUSTMENTS - EXEMPTIONS - APPEALS. (Amended by Ord. No. 173, 587, Eff. 12/7/00.) (a) The Board shall establish rules and regulations for the filing, review and determination of adjustments and exemptions and, insofar as consistent with the terms of this section, for any appeals to the Board from determinations thereon. (b) (Amended by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) The Board shall have the power to provide for adjustments to the volume of sewage determined to be discharged to the sewer system in the following instances when: (1) (Amended by Ord. No. 172,763, Eff. 9/19/99.) The user s sewage volume would otherwise be determined by section (g) (1), and: (A) an extraordinary non-occupancy related condition occurred during the Rainy Season Billing Period substantially affecting the user s Winter Water Use; or (B) the user has replaced all existing toilets on the premises with Ultra-Low-Flush Toilets. (2) The user's sewage volume would otherwise be determined by Section (g)(2) and the user's actual discharge of sewage to the sewage system is determined to be substantially less than the sewage volume calculated pursuant to (g)(2). (Amended by Ord. No. 182,076, Eff. 4/6/12.) (3) The premises is unoccupied throughout a billing period. (c) 7/1/97.) (d) The Board shall have the power to provide for exemptions as defined in this article. (New Subsec. (c) Added by Ord. No. 171,531, Eff. 4/5/97, Oper. (Subsec. (c) Re-lettered (d) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) The Board shall provide Water and Power with notices of adjustments

159 and exemptions and appeal procedures, and Water and Power shall cause said notices to be mailed along with the first water bills subsequent to the effective date of this article which includes sewer service charges, and will cause copies of said notices to be mailed or otherwise given in connection with each new application for water service made after the effective date of this article. The Board shall likewise provide such notices to the Office of Finance and the Office of Finance shall cause said notices to be mailed or otherwise distributed to all users or other persons billed by the Office of Finance whom he has reason to believe has not already received such notice. (e) (Subsec. (d) Re-lettered (e) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) Where a determination or adjustment or exemption has become final as provided in this section. future billings shall reflect such adjustment unless otherwise determined by he Board. (f) (Subsec. (e) Re-lettered (f) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) The Board shall advise the Office of Finance when there is any adjustment or exemption affecting past or future charges, and, if so, for what period of time and to what extent, and the Office of Finance shall take whatever action he deems necessary to comply with such adjustment or exemption, whether by refund, credit, or otherwise. (g) (Subsec. (f) Re-lettered (g) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) The Board shall arrange with Water and Power to calculate and apply, insofar as adequate data is available, the appropriate adjustment to the Sewer Service Charge of each residential user annually using water consumption data available in the Water and Power automated billing system. Such adjustments shall be effective only for billings prepared following the time of calculation. (Amended by Ord. No. 170,257, Eff. 2/23/95.) (h) (Subsec. (g) Re-lettered (h) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) (Amended by Ord. No. 170,257, Eff. 2/23/95.) Any user or person billed, may apply in writing for an adjustment to the office designated by the Board within thirty (30) days from the date the bill is mailed or delivered with respect to the period for which the user or person billed seeks adjustment. However, the application may be made within one (l) year from the date the bill is mailed or delivered with respect to the period for which the user or person billed seeks adjustment under the following two circumstances: (a) (b) the premises was unoccupied; or the result of the calculation performed by the Department of Water and Power was inaccurate because of defective water consumption data. (i) (Subsec. (h) Re-lettered (i) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) The Board shall provide for action to be taken and determination to be made upon each application for adjustment or exemption within thirty (30) days from the date said application is filed whenever reasonably possible, and shall cause the applicant to be immediately notified in writing of any determination on the application for adjustment. Request for production of additional information may be made of the applicant, and if the applicant fails to produce the requested information within thirty (30) days from the date of mailing the request therefor, proceedings may be terminated or such other action as is deemed by the Board to be appropriate may be taken. (j) (Subsec. (i) Re-lettered (j) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) Any person who has filed an application for adjustment or exemption and received a determination thereon, and who has likewise complied with the procedures of this section, may appeal such determination to the Board pursuant to procedures, rules and regulations adopted by the Board of such purpose. An appeal must be filed within ten (10) days following the date of mailing notice of the determination on the request for adjustment or exemption. The Board shall set a time for hearing the matter, and shall mail written notice thereof no less than ten (10) days prior to the date of such hearing to the person who has filed. The notice shall be mailed postage prepaid to the address designated on said appeal, and also to the address shown on the original application for adjustment if such is different. (k) (Subsec. (j) Re-lettered (k) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) A hearing upon an appeal shall be set whenever reasonably possible no later than thirty (30) days after the date of filing the appeal. The Board may continue the hearing from time to time in its discretion, and shall make a written determination upon the appeal within fifteen (15) days from the conclusion of the hearing and provide a copy thereof to the person who filed said appeal. (l) Any person may, who has complied with the procedures of this section, may, within ten (10) days of the mailing date of the Board s written determination, referred to in (j) above, appeal such decision to the City Council by filing a notice of appeal with the City Clerk. This notice of appeal shall be in writing and set forth specifically wherein the appellant believes there was an error or abuse of discretion on the part of the Board. The Council may then set a time for hearing the matter, and shall mail written notice thereof no less than ten (10) days prior to the date of such hearing to the person who has so filed. The notice shall be mailed as provided in (i) above. If the City Council fails to act within thirty (30) days after the day of the filing or the appeal with the Office of Finance the appeal shall be deemed denied. (Amended by Ord. No. 182,076, Eff. 4/6/12.) (m) An adjustment or exemption determination shall become final upon the termination of time for filing an appeal to the City Council as provided for in this section where no appeal has been filed; provided that in the event an appeal has been timely filed, the determination, including deemed denial, by the City Council upon such appeal shall be final and the City Council shall so notify the Board. (Amended by Ord. No. 182,076, Eff. 4/6/12.) The filing of an application for adjustment or exemption or of an appeal to the Board or City Council from a determination thereon shall not stay the continued and further billing during the course of time consumed in said proceedings, but any such continued and further billing will be adjusted, if appropriate, at the termination of the proceedings pursuant to and in conformance with the determination therein; provided, however, that acceptance of any payment by the City subsequent to the application for adjustment shall not preclude billing and collection different from or in excess of such payments and in conformance with said final determination. SEC DISPOSITIONS OF FUNDS. (Amended by Ord. No. 173, 587, Eff. 12/7/00.)

160 All sewer service charge moneys collected for the City shall be placed and deposited into the Sewer Construction and Maintenance Fund established by Section of this Code, such moneys to be expended for the purposes set forth in Section (a), of this Code to pay for any refunds, billing, collection and administration costs related to the sewer service charge and as security and payment of the principal and interest, premiums, if any, of bonds and other obligations issued or incurred for sewer related purposes and to otherwise comply with, be in accordance with, or be in furtherance of, any provisions of law relating to the issuance of such bonds or other obligations and the resolutions under which such bonds or other obligations are issued or incurred. The Office of Finance is hereby authorized to draw demands upon such fund where necessary to pay Water and Power for its administrative and other costs in connection with refunds, billing and collecting such sewer service charge pursuant to arrangements made as set forth in Section (c) of this Code. SEC SEWER SERVICE CHARGES HELD IN TRUST. (Added by Ord. No. 162,864, Eff. 11/22/87.) Upon the issuance of the City s Wastewater System Revenue Bonds, the sewer service charges will be pledged as security for such bonds as provided in the Wastewater System Revenue Bonds General Resolution to be adopted by the City Council. Any sewer service charges which, pending transfer to the Sewer Construction and Maintenance Fund, are held in the Water Revenue fund are, nevertheless, subject to such pledge and such sewer service charges are impressed with trust as security for the Wastewater System Revenue Bonds provided that such charges may be used to pay refunds and to provide for the expenses of the Department of Water and Power associated with the billing, collection and administrative costs related to the sewer service charge. SEC ANNUAL REVIEW. (Renumbered by Ord. No. 162,637, Eff. 8/23/87.) The Board shall annually review the sewer service charge and recommend to the City Council relative to any necessary rate adjustments so as to ensure that each user will pay his proportionate share of the costs of waste treatment services. (Added by Ord. No. 151,211, Eff. 8/7/78.) ARTICLE 4.2 STORMWATER POLLUTION ABATEMENT CHARGE (Added by Ord. No. 166,103, Eff. 8/8/90.) Section Definitions Charges Land Use Categories and Run-off Factors Collection and Enforcement Adjustments, Exemptions and Appeals Stormwater Pollution Abatement Fund Disposition of Funds Annual Review Severability. SEC DEFINITIONS. For purposes of this article, the following definitions shall apply: (a) Storm Drainage The excess water of the community received by the storm drain system. From the standpoint of source, it may be a combination of the runoff from residences, commercial buildings, industrial plants and institutions, together with any groundwater and surface water that may be present. (b) Storm Drain System All of the property involved in the operation of the storm drainage collection and disposal system for the City of Los Angeles, including conduits, natural or artificial drains, channels and watercourses, together with appurtenances, pumping stations and equipment. (c) Average Storm Drainage The average amount of storm drainage which enters the storm drain system from a premises, based on run-off factors established by the Los Angeles County Flood Control District as defined in Section of this article. (d) Adjustment A determination that the volumetric amount of storm drainage which enters the storm drain system from a premises is deemed to be a defined amount substantially different from the average storm drainage.

161 (e) User An owner whether private, governmental, or otherwise of a unit, building, premises or lot in the City of Los Angeles. (f) entity. (g) (h) Governmental A municipal corporation, city and county, county, state, federal, governmental, political or quasi-public unit, body, agency or Parcel Means a parcel of real property in the City of Los Angeles as shown on the local secured tax rolls of the County of Los Angeles. Board The Board of Public Works of the City of Los Angeles. (i) Owner The legal owner of the parcel of real property, except when the legal owner of said real property is such due to the holding of a mortgage, note or other such security, in which case the owner shall be deemed to be the beneficial owner of said parcel of real property. (j) Run-Off Factor A number that represents the amount of average storm drainage from a parcel for a particular land use. Section of this article contains a table of run-off factors for each land use type as established by the Los Angeles County Flood Control District and used in the calculation of Equivalent Dwelling Units for a parcel. (k) Basic Assessment Unit (BAU) The proportionate run-off from the average single-family residential parcel. The average single-family residential parcel has an area of acres (6,650 square feet) and a run-off factor of The product of these (0.0637) is defined as the Basic Assessment Unit. (l) Equivalent Dwelling Unit (EDU) The number of Basic Assessment Units a particular parcel represents and is determined using the following formula: (m) Base Charge The fee/charge paid by the average single-family residential parcel owner. The average single-family residential parcel consists of one (1.0) Equivalent Dwelling Unit. SEC CHARGES. (a) There is hereby imposed a Base Charge of $23.00 per Equivalent Dwelling Unit on each parcel for the receiving, transporting, pumping, treatment and/or disposal of storm drainage through the storm drain system, said Base Charge being effective beginning July 1, (Amended by Ord. No. 168,980, Eff. 9/12/93.) (b) The Stormwater Pollution Abatement Charge (SPAC) for each parcel shall be calculated by applying the following formula: SPAC = Base Charge EDU The parcel run-off factor shall be determined according to Section of this article. SEC LAND USE CATEGORIES AND RUN-OFF FACTORS. (Amended by Ord. No. 175,397, Eff. 9/21/03.) USE CODE 0100 Single 010C 010D 010E 010F LAND USE RESIDENTIAL Condominium Planned Residential Development Condominium Conversion Cooperative AREA BREAKDOWN Up to acre Area in excess of acre Up to acre Area in excess of acre Up to acre Area in excess of acre Up to acre Area in excess of acre Up to acre Area in excess of acre RUN-OFF FACTOR

162 010H 010M Own-your-own Modular homes 0200 Double, Duplex or Two-unit 0300 Three-unit (Any combination) 0400 Four-unit (Any Combination) Up to acre Area in excess of acre Up to acre Area in excess of acre Up to acre Area in excess of acre Up to acre Area in excess of acre Up to acre Area in excess of acre Five or more units or apartments All lot areas Mobilehomes Up to acre Area in excess of acre 0800 Rooming houses All lot areas Mobilehome parks All lot areas COMMERCIAL 1000 Open All lot areas Stores All lot areas Store Combinations All lot areas Department stores All lot areas Supermarkets All lot areas Shopping centers (Neighborhood) All lot areas Shopping centers (Regional) All lot areas Office buildings All lot areas Hotels and motels All lot areas Professional bldgs. All lot areas Open All lot areas Restaurants and Cocktail lounges All lot areas Wholesale and mfg. Outlets All lot areas Banks and Savings & Loans All lot areas Service shops All lot areas Service stations All lot areas Auto, recreation & Construction Equipment sales & Service All lot areas Parking lots All lot areas Animal kennels All lot areas Nurseries or Greenhouses Up to acre Area in excess of acre INDUSTRIAL 3000 Open All lot areas Light mfg. All lot areas Heavy mfg. All lot areas Warehousing distribution & storage All lot areas Food processing Plants All lot areas Motion Picture & Radio/Television Industries All lot areas Lumber yards All lot areas Mineral processing All lot areas Parking lots All lot areas Open storage All lot areas FARM 4000 Irrigated open All lot areas Irrigated fruits & nuts All lot areas Irrigated vineyards All lot areas

163 4300 Irrigated vines & bush crops All lot areas Irrigated truck crops All lot areas Irrigated field crops All lot areas Irrigated pasture All lot areas Irrigated dairies All lot areas Irrigated poultry All lot areas Irrigated feed lots All lot areas Dry open All lot areas Dry fruits & nuts All lot areas Dry vineyards All lot areas Dry field crops All lot areas Dry pasture All lot areas Dry timber (pine) All lot areas Dry timber (fur) All lot areas Dry timber (redwood) All lot areas Dry desert land All lot areas Dry waste land All lot areas Open All lot areas Theatres All lot areas Open All lot areas Bowling alleys All lot areas Clubs, lodge, halls, fraternal orgs. All lot areas Athletic and amusement facilities All lot areas Golf courses All lot areas Race tracks All lot areas Camps All lot areas Skating rinks All lot areas INSTITUTIONAL 7000 Open All lot areas Churches All lot areas Schools All lot areas Colleges and universities All lot areas Hospitals All lot areas Homes for aged and others All lot areas Open All lot areas Cemeteries, mausoleums, and mortuaries All lot areas Open All lot areas Open All lot areas MISCELLANEOUS 8000 Open All lot areas Utilities All lot areas Mining All lot areas Petroleum & gas All lot areas Pipelines & canals All lot areas Rights of way All lot areas Water rights All lot areas River, lakes & quarries All lot areas Government owned properties All lot areas Dump sites All lot areas Horse stables All lot areas Unclassified All lot areas Non-numeric use codes 9900 Zero zero use codes None VACANT All Up to acre Area in excess of acre Up to acre Area in excess of acre See notes for area breakdown

164 NOTES: 1. Parcel identification numbers and corresponding use codes are taken from the Los Angeles County Department of Public Works records for Flood Control Benefit Assessment. 2. A vacant designation (V) with a corresponding run-off factor of is assigned to the total area of those parcels whose improvement value is $4,000 or less (except parcels with use codes 2700 and 3800 and for 800 series parcel numbers). 3. A vacant designation (V) with a corresponding run-off factor of is assigned to the vacant portion of parcels whose improvement value is more than $4,000 if it is determined that the vacant portion is significant. 4. Parcels with superseded use codes 010A and 010B that are still remaining on the Los Angeles County Assessors records are assigned use codes of 010F and 010H, respectively. 5. Parcels with unrecognizable use codes are assigned a use code of 9800 or 9900 and are assessed in the same manner as use code 0100 parcels. 6. Parcels with unknown areas are assigned an area of acre (the median single-family residential parcel size). 7. Government owned parcels, denoted with 270 through 300 and 900 series parcel numbers by the Assessor, are not assessed. 8. The areas of common area parcels of cluster-type developments are divided equally among the development owners. SEC COLLECTION AND ENFORCEMENT. (a) The Stormwater Pollution Abatement Charge for each parcel shall be collected by and be payable to the Los Angeles County Tax Collector along with the general taxes levied for City and County purposes and shall be subject to the same penalties and enforcement provisions relating to general taxes. (Amended by Ord. No. 168,980, Eff. 9/12/93.) (b) If any portion of the levy, collection or expenditure of the Stormwater Pollution Abatement Charge provided for herein is declared invalid or unconstitutional, the remaining levy, collection or expenditure of the Stormwater Pollution Abatement Charge shall not be affected but remain in full force and effect. SEC ADJUSTMENTS, EXEMPTIONS AND APPEALS. (Amended by Ord. No. 175,397, Eff. 9/21/03.) (a) The Board shall establish rules and regulations for the filing, review and determination of adjustments and exemptions, and consistent with the terms of this section, for any appeals to the Board from determinations pursuant to this section. (b) The Board shall have the power to provide for adjustments determined by the Board, which reflect, as reasonably as possible, the receipt from a premises into the storm drain system of quantities of storm drainage that may be substantially different from average storm drainage, as this term is used in this section. In addition the Board shall have the power to provide for exemptions. (c) Where a determination or adjustment or exemption has become final as provided in this section, future tax bills shall reflect the adjustment unless otherwise determined by the Board. (d) Any user may apply in writing for an adjustment to the office designated by the Board within 30 days from the date the tax bill is mailed or delivered with respect to the period for which the user seeks adjustment. (e) The Board shall provide for action to be taken and determination to be made upon each application for adjustment or exemption within 30 days from the date the application is filed, whenever reasonably possible, and shall cause the applicant to be immediately notified in writing of any determination on the application for adjustment. The City may request production of additional information from the applicant, and if the applicant fails to produce the requested information within 30 days from the date of mailing of the request, proceedings may be terminated or other action may be taken by the Board as it deems appropriate. (f) Any person who has filed an application for adjustment or exemption and received a determination, and who has complied with the procedures of this section, may appeal the determination to the Board pursuant to procedures, rules and regulations adopted by the Board for that purpose. An appeal must be filed within ten days following the date of mailing notice of the determination on the request for adjustment or exemption. The Board shall set a time for hearing the matter, and shall mail written notice of the hearing no fewer than ten days prior to the date of the hearing to the person who has filed. The notice shall be mailed postage prepaid to the address designated on the appeal, and also to the address shown on the original application for adjustment if that address is different. (g) A hearing upon an appeal shall be set, whenever reasonably possible, no later than 30 days after the date of filing the appeal. The Board may continue

165 the hearing from time to time in its discretion, and shall make a written determination upon the appeal within 15 days from the conclusion of the hearing and provide a copy of the determination to the person who filed the appeal. (h) Any person who has complied with the procedures of this section, may, within ten days of the mailing date of the Board s written determination, referred to in (h) above, appeal the decision to the City Council by filing a notice of appeal with the City Clerk. This notice of appeal shall be in writing and set forth specifically where the appellant believes there was an error or abuse of discretion on the part of the Board. The Council may then set a time for hearing the matter, and shall mail written notice of that hearing no fewer than ten days prior to the date of the hearing to the person who has so filed. The notice shall be mailed as provided in (f) above. If the City Council fails to act within 30 days after the day of the filing or the appeal with the City Clerk the appeal shall be deemed denied. (i) An adjustment or exemption determination shall become final upon the termination of time for filing an appeal to the City Council as provided for in this section where no appeal has been filed. In the event an appeal has been timely filed, the City Council s ruling on the appeal shall be final and the City Council shall notify the Board of its determination. In either event, the Board shall cause written notice of the final adjustment determination to be immediately given to the City Clerk. The filing of an application for adjustment or exemption, or of an appeal to the Board or City Council from a determination, shall not stay the continued and further billing of SPAC during the course of time consumed in the proceedings, but any billing during this time may be adjusted, if appropriate, at the termination of the proceedings pursuant to and in conformance with the determination made on the matter. However, acceptance of any payment by the Los Angeles County Tax Collector on behalf of the City subsequent to an application for adjustment shall not preclude billing and collection of a sum different from, or in excess of, the payments and in conformance with the final determination. (j) Upon the discovery of any mistake or error pertaining to the application of the Use Code, Area, or Run-Off Factor that affects the amount of SPAC for a parcel as calculated by the Los Angeles County Tax Collector, the City shall request that the County make the appropriate adjustments for future billings. The City shall have authority to issue any refund due to the property owner(s). (k) Any refunds or adjustments authorized by this Section are subject to the following: If the amount to be refunded or adjusted does not exceed $10,000, the Director or the designated head of the Bureau of Sanitation or designee is authorized to adjust the billing or submit the appropriate refund to the property owner(s). If the amount to be refunded or adjusted is greater than $10,000, the Board of Public Works must approve authorization for the refund or adjustment. If the amount to be refunded or adjusted exceeds the intra-departmental transfer limit pursuant to City Charter Section 343(a), (b) and (c), the City Council must approve authorization for the refund or adjustment. SEC STORMWATER POLLUTION ABATEMENT FUND. There is hereby established a special fund in the City Treasury entitled Stormwater Pollution Abatement Fund. The Council shall designate by ordinance those monies which shall be deposited on a regular basis into the Fund. Monies deposited into the Fund shall not be subject to reversion to the Reserve Fund. Monies deposited into the Fund shall be expended only for storm drain and storm drainage-related purposes including but not limited to stormwater pollution control. Expenditures shall be made from the Fund as provided in the General City Budget or by Council resolution unless provided otherwise by ordinance, except however that monies in the Fund which were received by the City subject to any limitations on their use may only be expended in accordance with those limitations. SEC DISPOSITION OF FUNDS. All Stormwater Pollution Abatement Charge moneys collected for the City shall be placed and deposited into the Stormwater Pollution Abatement Fund established by Section of this Code, such moneys to be expended for the purposes set forth in Section (a), of this article to pay for any refunds, billing, collection and administration costs related to the Stormwater Pollution Abatement Charge and as security and payment of the principal and interest, premiums, if any, of bonds and other obligations issued or incurred for storm drain related purposes and to otherwise comply with, be in accordance with, or be in furtherance of, any provisions of law relating to the issuance of such bonds or other obligations and the resolutions under which such bonds or other obligations are issued or incurred. The Board is hereby authorized to draw demands upon such fund where necessary to pay the Los Angeles County Tax Collector for its administrative and other costs in connection with refunds, billing and collecting such Stormwater Pollution Abatement Charge pursuant to arrangements made as set forth in Section (a) of this article. Monies collected from waivers pursuant to Chapter VI, Article 4.4, Section of the Los Angeles Municipal Code shall be placed and deposited into the Stormwater Pollution Abatement Fund. Such monies shall only be expended to promote regional or alternative solutions for stormwater pollution prevention. (Para. Added by Ord. No. 173,494, Eff. 9/14/00.) SEC ANNUAL REVIEW.

166 (Amended by Ord. No. 173,362, Eff. 7/28/00.) The Board shall annually review the Stormwater Pollution Abatement Charge and recommend to the City Council relative to any necessary rate adjustments so as to ensure that each user will pay his proportionate share of the costs of storm drainage services. To insure continued compliance with the Permit and with applicable federal and state laws, regulations, standards and orders, the Board of Public Works and the Office of Administrative Research Services shall annually recommend a Proposed Stormwater Pollution Abatement and Flood Control Financial Program for the upcoming fiscal year for the consideration by the appropriate City Council committee(s) by the month of November. SEC SEVERABILITY. If any section, clause or provision of this article is held to be invalid or unenforceable, the remainder of the article shall continue in full force and effect. ARTICLE 4.3 WASTEWATER FRANCHISE FEE (Added by Ord. No. 171,108, Eff. 7/8/96.) Section Wastewater Franchise Fee Imposed. SEC WASTEWATER FRANCHISE FEE IMPOSED. (Amended by Ord. No. 171,620, Eff. 6/30/97.) (a) (Amended by Ord. No. 173,328, Eff. 7/7/00.) To recover some of the direct and indirect costs imposed on the City by the presence of the Wastewater conveyance, treatment and disposal system including, but not limited to, the use of the streets, safety and emergency response-related costs, and the value of the space occupied by the system, there is hereby established a Franchise Fee in the amount of two (2) percent of Total Operating Revenues received on a cash basis by the Sewer Construction and Maintenance Fund on and after September 1, 1995, to and including June 30, 1996, and thereafter in the amount of five (5) percent of Total Operating Revenues received on a cash basis by the Sewer Construction and Maintenance Fund. Said Franchise Fee is imposed for each year of operation, or portion thereof, beginning on September 1, 1995, which date is the effective date of its operation. Commencing on July 1, 1996, the year of operation for which the franchise fee is imposed shall be from July 1 of each year through June 30 of the following year. Effective July 1, 2000, the Franchise Fee shall be 3.333% (percent) of Total Operating Revenues received on a cash basis by the Sewer Construction and Maintenance Fund. Effective July 1, 2001, the amount of the Franchise Fee shall be 1.666% (percent) of Total Operating Revenues received on a cash basis by the Sewer Construction and Maintenance Fund. Effective July 1, 2002, the amount of the Franchise fee shall be zero (0) percent of Total Operating Revenues received on a cash basis by the Sewer Construction and Maintenance Fund. (b) The Franchise Fee shall be payable monthly. The amount due shall be transferred from the Sewer Construction and Maintenance Fund to the General Fund, on or before the twenty-fifth day of each month, and shall be based upon the prior month s Total Operating Revenues received, as directed by the Director of the Bureau of Accounting, Department of Public Works. (c) As used in this section, the term Total Operating Revenues shall include all items comprising Total Operating Revenues on the audited annual financial statements of the Sewer Construction and Maintenance Fund, prepared in accordance with generally accepted accounting principles. ARTICLE 4.4 STORMWATER AND URBAN RUNOFF POLLUTION CONTROL Section General Provisions Definitions and Abbreviations Pollutant Discharge Control Elimination of Illicit Discharges and Illicit Connections Authority to Inspect Authority to Arrest and Issue Citations.

167 Enforcement Remedies Not Exclusive Liability for Costs of Correction Arising from Unlawful Discharge Disposition of Money Collected Stormwater and Urban Runoff Pollution Education Construction and Application Severability Stormwater Pollution Control Measures for Development Planning and Construction Activities Authority of the Board of Public Works Funds Collected from Waiver Supplemental Provisions Authority to Inspect and Enforce Stormwater Pollution Control Measures LID Plan Check Fees. SEC GENERAL PROVISIONS. (Article and Section Added by Ord. No. 172,176, Eff. 10/1/98.) A. Title. This article is known as Stormwater and Urban Runoff Pollution Control and may be so cited. B. Objectives. This article sets forth uniform requirements and prohibitions for dischargers and places of discharge to the storm drain system, and the receiving waters, necessary to adequately enforce and administer all laws and lawful standards and orders or special orders, that provide for the protection, enhancement and restoration of water quality. Through a program employing watershed-based approaches that balance environmental and economic considerations, under the jurisdiction of the Board of Public Works, the City seeks to protect and promote the public health, safety, and general prosperity of its citizens with the implementation of the following objectives: 1. To comply with all Federal and State laws, lawful standards and orders applicable to stormwater and urban runoff pollution control; 2. To prohibit any discharge which may interfere with the operation of, or cause any damage to the storm drain system, or impair the beneficial use of the receiving waters; 3. To prohibit illicit discharges to the storm drain system; 4. To reduce stormwater runoff pollution; 5. To reduce non-stormwater discharge to the storm drain system to the maximum extent practicable; and 6. To develop and implement effective educational outreach programs designed to educate the public on issues of stormwater and urban runoff pollution. C. Scope. This article provides for the control and regulation of discharges to the storm drain system and receiving waters, through a program of education and enforcement of general and specific prohibitions and requirements. This article applies to all dischargers and places of discharge located within the City of Los Angeles that discharge stormwater or non-stormwater into any storm drain system or receiving waters. Except as otherwise provided herein, the Director, under the jurisdiction of the Board of Public Works, shall administer, implement and enforce the provisions of this ordinance. D. Violations. Any person violating any of the provisions or failing to comply with the mandatory requirements of this article, shall be guilty of a misdemeanor unless such violation or failure is declared herein to be an infraction. SEC DEFINITIONS AND ABBREVIATIONS. (Amended by Ord. No. 181,899, Eff. 11/14/11, Oper. 5/12/12.) A. Definitions. For the purpose of this Article, the following words and phrases are defined and shall be construed as set out here, unless it is apparent from the context that they have a different meaning: 1. "Basin Plan" means a Water Quality Control Plan adopted by the California Regional Water Quality Control Board for a specific watershed or designated area. 2. "Best Management Practice (BMP)" means activities, practices, facilities, and/or procedures that when implemented will reduce or prevent pollutants in discharges. 3. "Board" means the Board of Public Works of the City of Los Angeles or its duly authorized representative. 4. "Bureau" means the Bureau of Sanitation of the City of Los Angeles or its duly authorized representative.

168 5. "City" means the City of Los Angeles or its duly authorized representatives. 6. "Clean Water Act (CWA)" means the Federal Water Pollution Control Act enacted in 1972, by Public Law , and amended by the Water Quality Act of The Clean Water Act prohibits the discharge of pollutants to Waters of the United States unless the discharge is in accordance with an NPDES permit. 7. "Commercial Activity" means any public or private activity involved in the storage, transportation, distribution, exchange or sale of goods and/or commodities or providing professional and/or non-professional services. 8. "Construction Activity" means clearing, grading, or excavating that results in soil disturbance. Construction activity does not include routine maintenance to maintain original line and grade, hydraulic capacity, or the original purpose of the facility, nor does it include emergency construction activities required to immediately protect public health and/or safety. 9. "Control" means to minimize, reduce or eliminate by technological, legal, contractual or other means, the discharge of pollutants from an activity or activities. 10. "Development" means the construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single-family, multi-unit or planned unit development); industrial, commercial, retail and any other non-residential projects, including public agency projects; or mass grading for future construction. 11. "Development Best Management Practices Handbook" means such handbook, as may be amended from time to time, adopted by the Board of Public Works. 12. "Director" means the Director of the Bureau of Sanitation of the Department of Public Works of the City of Los Angeles or the duly authorized representatives designated to administer, implement and enforce the provisions of this Article. 13. "Discharge" means any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semi-solid or solid substance. 14. "Environmentally Sensitive Areas (ESAs)" means an area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which would be easily disturbed or degraded by human activities and developments (See California Public Resources Code ). ESAs include, but are not limited to, areas designated as Significant Ecological Areas by the County of Los Angeles (Los Angeles County Significant Areas Study, Los Angeles County Department of Regional Planning (1976) and amendments); areas designated as Significant Natural Areas by the California Department of Fish and Game's Significant Natural Areas Program and field verified by the Department of Fish and Game; and areas listed in the Basin Plan as supporting the "Rare, Threatened, or Endangered Species (RARE)" beneficial use. 15. "Hazardous Material(s)" means any material(s) defined as hazardous by Division 20, Chapter 6.95 of the California Health and Safety Code. 16. "Illicit Connection" means any man-made conveyance that is connected directly to the storm drain system, excluding roof-drains, and any other similar connection that serves as a pathway for any illicit discharge. 17. "Illicit Discharge" means any discharge to the storm drain system that is prohibited under local, state or federal statutes, ordinances, codes or regulations. Illicit discharges include all non-stormwater discharges except discharges pursuant to an NPDES permit or discharges that are exempted or conditionally exempted by the NPDES permit or granted as a special waiver or exemption by the Regional Board. 18. "Impervious Surface" means any man-made or modified surface that prevents or significantly reduces the entry of water into the underlying soil, resulting in runoff from the surface in greater quantities and/or at an increased rate, when compared to natural conditions prior to development. Examples of places that commonly exhibit impervious surfaces include parking lots, driveways, roadways, storage areas, and rooftops. The imperviousness of these areas commonly results from paving, compacted gravel, compacted earth, and oiled earth. 19. "Industrial Activity" means any public or private activity that is associated with any of the 11 categories of activities defined in 40 CFR (b)(14) and required to obtain a NPDES permit. 20. "Industrial/Commercial Facility" means any facility involved and/or used in either the production, manufacture, storage, transportation, distribution, exchange or sale of goods and/or commodities, and any facility involved and/or used in providing professional and non-professional services. This category of facility includes, but is not limited to, any facility defined by the Standard Industrial Classifications (SIC). Facility ownership (federal, state, municipal, private) and profit motive of the facility are not factors in this Definition. 21. "LID" means Low Impact Development. 22. "Maximum Extent Practicable (MEP)" means the standard for implementation of stormwater management programs to reduce pollutants in stormwater. MEP refers to stormwater management programs taken as a whole. It is the maximum extent possible taking into account equitable considerations and competing facts, including but not limited to, the gravity of the problem, public health risk, societal concern, environmental benefits, pollutant removal effectiveness, regulatory compliance, public acceptance, ability to implement, cost, and technical feasibility. Section 402(p) of the Clean

169 Water Act requires that municipal permits shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques and systems, design and engineering methods, and other provisions as the Administrator or the State determines appropriate for the control of these pollutants. 23. "National Pollutant Discharge Elimination System (NPDES)" means a permit issued by the U.S. EPA, State Water Resources Control Board, or the California Regional Water Quality Control Board pursuant to the Clean Water Act that authorizes discharges to Waters of the United States and requires the reduction of pollutants in the discharge. 24. "Non-Stormwater Discharge" means any discharge to a municipal storm drain system that is not composed entirely of stormwater. 25. "Person" means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine and the singular shall include the plural where indicated by the context. 26. "Pollutant" means any "pollutant" defined in Section 502(6) of the Federal Clean Water Act or incorporated into the California Water Code Sec Pollutants may include, but are not limited to the following: (a) Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash, and sludge); (b) (c) Metals (such as cadmium, lead, zinc, copper, silver, nickel, chromium, and non- metals such as phosphorus and arsenic); Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants, and grease); (d) Excessive eroded soil, sediment, and particulate materials in amounts that may adversely affect the beneficial use of the receiving waters, flora or fauna of the State; (e) Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities); and (f) Substances having characteristics such as ph less than 6 or greater than 9, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus. 27. "Receiving Waters" means all surface water bodies within Los Angeles County that are identified by the Regional Board in a Basin Plan. 28. "Redevelopment" means land-disturbing activity that results in the creation, addition, or replacement of 500 square feet or more of impervious surface area on an already developed Site. Redevelopment includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of routine maintenance activity; and land disturbing activity related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety. 29. "Regional Board" means the California Regional Water Quality Control Board, Los Angeles Region. 30. "Rules and Regulations" shall mean Rules and Regulations adopted by the Board of Public Works Governing Pollution Control of Discharges into the Storm Drain System. 31. "Site" means land or water area where any "facility or activity" is physically located or conducted, including adjacent land used in connection with the facility or activity. 32. "Storm Drain System" means any facilities or any part of those facilities, including streets, gutters, conduits, natural or artificial drains, channels and watercourses that are used for the purpose of collecting, storing, transporting or disposing of stormwater and are located within the City of Los Angeles. 33. "Storm Water or Stormwater" means water that originates from atmospheric moisture (rainfall or snow melt) and that falls onto land, water, or other surfaces. Without any change in its meaning, this term may be spelled or written as one word or two separate words. 34. "Stormwater Pollution Prevention Plan (SWPPP)" means a plan required by and for which contents are specified in the State of California General Permit for Storm Water Discharges Associated with Industrial Activities or for Stormwater Discharges Associated with Construction Activities. 35. "Stormwater Runoff" means that part of precipitation (rainfall or snowmelt) which travels across a surface to the storm drain system or receiving waters. 36. "Toxic Materials" For purposes of compliance with the Los Angeles County Municipal Stormwater Permit, the term "toxic materials" means any material(s) or combination of materials that directly or indirectly cause either acute or chronic toxicity in the water column.

170 37. "Untreated" means non stormwater runoff, wastewater or wash waters that have not been subjected to any applicable Treatment Control, Best Management Practices or are not in compliance with conditions of a separate or general NPDES permit. 38. "Urban Runoff" means surface water flow produced by storm and non-storm events. Non-storm events include flow from residential, commercial or industrial activities involving the use of potable and non-potable water. SEC POLLUTANT DISCHARGE CONTROL. (Added by Ord. No. 172,176, Eff. 10/1/98.) A. General Discharge Prohibitions. No person shall discharge, cause, permit, or contribute to the discharge of any of the following to the storm drain system or receiving waters: 1. Any liquids, solids or gases which by reason of their nature or quantity are flammable, reactive, explosive, corrosive, or radioactive, or by interaction with other materials could result in fire, explosion or injury. 2. Any solid or viscous materials which could cause obstruction to the flow or operation of the storm drain system. 3. Any pollutant that injures or constitutes a hazard to human, animal, plant, or fish life, or creates a public nuisance. 4. Any noxious or malodorous liquid, gas, or solid in sufficient quantity, either singly or by interaction with other materials, which creates a public nuisance, hazard to life, or inhibits authorized entry of any person into the storm drain system. 5. Any medical, infectious, toxic or hazardous material or waste. B. Controlling the Discharge of Pollutants Associated with Industrial or Commercial Activities. Except as allowed under a general or separate NPDES permit, the following prohibitions apply to all persons operating or performing any industrial or commercial activities within the City of Los Angeles: 1. No person shall discharge, cause or permit the discharge of untreated wastewater from steam cleaning, mobile carpet cleaning, or from other such mobile commercial or industrial operations into the storm drain system. 2. No person shall discharge, cause or permit any discharge of untreated runoff containing grease, oil, antifreeze, other fluids from machinery, equipment, tools or motor vehicles, or hazardous substances into the storm drain system. 3. No person shall discharge, cause or permit the discharge of untreated runoff from the washing of toxic materials from paved or unpaved areas into the storm drain system. 4. No person shall discharge, cause or permit the discharge of wastewater from the washing out of concrete trucks into the storm drain system. 5. Violation of any of the following prohibitions within this subdivision shall be punishable as a infraction: (a) No person shall discharge, cause or permit the discharge of untreated wash water from gas stations, auto repair garages, or from other types of automotive facilities into the storm drain system. (b) No person shall discharge, cause or permit the discharge of untreated runoff from the washing of impervious surfaces into the storm drain system. This provision shall apply unless the washing is specifically required by State or local health and safety codes or unless the discharge is conditionally exempt as street or sidewalk washing as provided in Subdivision 2, Subsection A of Section of this article. (c) No person shall discharge, cause or permit the discharge of food wastes from the washing of any floor coverings such as duck boards, grates, mats or rugs from any commercial kitchen, or from any other commercial food preparation or processing activity, into the storm drain system. (d) system. No person shall discharge, cause or permit the discharge of commercial/public swimming pool filter backwash into the storm drain C. Controlling Spills, Dumping Or Disposal Of Materials To The Storm Drain System. This subsection applies to all persons within the City of Los Angeles and is in addition to any other anti-littering provisions provided in Sections: 56.08, , 62.54, 66.04, and of this Code. 1. The following prohibitions apply to all persons within the City of Los Angeles and any violation of this subdivision shall be punishable as a misdemeanor: (a) No person shall throw, deposit, leave, cause or permit to be thrown, deposited, placed, or left, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, gutter, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the City so that such materials, when exposed to stormwater or any runoff, become a pollutant in the storm drain system.

171 (b) No person shall intentionally dispose or cause the disposal of leaves, dirt, or other landscape debris into the storm drain system. (c) No person shall spill, dump or dispose any pesticide, fungicide, or herbicide, into the storm drain system. (d) No person shall leave, dispose, cause or permit the disposal of hazardous wastes in a manner that results or potentially could result in a spill, leak or drainage of these wastes onto any sidewalk, street or gutter that discharges into or flows with any other runoff into the storm drain system. (Amended by Ord. No. 175,026, Eff. 2/2/03.) (e) No person shall store fuels, chemicals, fuel and chemical wastes, animal wastes, garbage, batteries and any toxic or hazardous material(s) in a manner that causes or potentially could cause the runoff of pollutants from these materials or wastes into the storm drain system. (Amended by Ord. No. 175,026, Eff. 2/2/03.) (f) system. No person shall dispose, discharge, or permit the discharge of any sanitary or septage wastes from any source into the storm drain D. Requirement to Prevent, Control, and Reduce Stormwater Pollutants. Any owner or operator of a facility or business within the City of Los Angeles engaged in activities or operations as listed in the Critical Sources Categories, Section III of the Board s Rules and Regulations shall be required to implement Best Management Practices (BMPs) as promulgated in the Rules and Regulations. Any owner/developer of a property under construction within the City of Los Angeles or his designated representative shall be required to implement the stormwater pollution control requirements for construction activities as depicted in the project plans approved by the Department of Building and Safety. In the event a specified BMP proves to be ineffective or infeasible, the Director may require additional and/or alternative, site-specific BMPs or conditions deemed appropriate to achieve the objectives of this ordinance as defined in Subsection B of LAMC Section Any violation or failure to implement a BMP in a timely manner shall be punishable as an infraction, unless the violation or failure is declared in this Code to be a misdemeanor. (Added by Ord. No. 175,026, Eff. 2/2/03.) E. Controlling Pollutants From Parking Lots. Any owner or operator of industrial/commercial motor vehicle parking lots with more than twenty-five (25) parking spaces that are located in areas potentially exposed to storm water shall be required through regular sweeping or other effective measures to remove all debris during the period between October 1 and April 15. Violation of this subsection shall be punishable as an infraction. (Former Subsection D. re-designated Subsection E. by Ord. No. 175,026, Eff. 2/2/03.) SEC ELIMINATION OF ILLICIT DISCHARGES AND ILLICIT CONNECTIONS. (Added by Ord. No. 172,176, Eff. 10/1/98.) A. Prohibition of Illicit Discharges. No person shall discharge non-storm water to the storm drain system, unless authorized by a separate or general NPDES Permit or if the discharge is exempted or conditionally exempted by the Municipal Storm Water and Urban Runoff NPDES Permit for Los Angeles County, as provided or as subsequently amended or if granted as a special waiver or exemption by the Regional Board. 1. Exempt Discharges. The following non-stormwater discharges are exempt from obtaining a separate or general NPDES permit and are allowed to be discharged into the storm drain system: (a) (b) (c) (d) (e) (f) Flows from riparian habitats or wetlands; Diverted stream flows; Flows from natural springs; Rising ground waters; Uncontaminated ground water infiltration; and Discharge or flows from emergency fire fighting activities. 2. Conditionally Exempt Discharges. The following non-stormwater discharges may be allowed to be discharged into the storm drain system, subject to all appropriate BMPs. The Board may review and adopt appropriate BMPs for any conditionally exempt discharges and place said BMPs in the Board s Rules and Regulations Governing the Discharge of Conditionally Exempt Non-Stormwater Discharges. The Board may from time to time, as it deems appropriate, change, modify, revise or alter existing BMPs. It shall be the responsibility of any discharger to comply with all Board adopted BMPs in existence at the time of discharge of any non-stormwater discharge set forth on this Conditionally Exempt Discharge list. If the Board has not adopted BMPs for any of the below listed discharges, the discharger may allow such a discharge provided it is in compliance with all other requirements of the Stormwater and Urban Runoff Pollution Control Ordinance. Discharge of any of the below listed Conditionally Exempt Discharges at a time prior to the Board s adoption of BMPs for that particular discharge shall not relieve the discharger from compliance with the BMPs for the discharge once they are adopted by the Board. The Conditionally Exempt Discharges are as follows: (a) Discharges from lawn and landscape irrigation;

172 (b) Water line flushing; (c) (d) (e) (f) (g) (h) Discharges from potable water sources; Foundation drains; Footing drains; Air conditioning condensate; Irrigation water; Water from crawl space pumps; (i) Dechlorinated/debrominated swimming pool discharges; (Amended by Ord. No. 175,026, Eff. 2/2/03.) (j) (k) (l) Discharges from individual residential car washing; Discharges from non-profit car washing; Street washing (including sidewalk washing); and (m) Other categories approved by the Executive Officer of the California Regional Water Quality Control Board, Los Angeles Region or an authorized representative. B. Illicit Connections. It is prohibited to establish, use, maintain, or continue illicit drainage connections to the City storm drain system, and to commence or continue any illicit discharges to the City storm drain system. This prohibition applies to connections made in the past. Improperly installed or defective rain diversion systems or devices that release pollutants into the storm drain system shall be considered illicit connections and shall be subject to removal or modifications. One year after the effective date of this article and after notification of the illicit connection, a person has ninety (90) days to remove or modify such connection. Any extension of time for removal or modification must be approved by the Board. C. Storm Drain Connection Permits. No permit for any storm drain connection as required under Section of this Code, shall be issued until the Board is satisfied that the discharge from the permitted connection will be in compliance with the provisions of this article and all applicable Federal and State discharge regulations or requirements. D. Discharges Permitted By Industrial Wastewater Permits. Industrial Wastewater Permits issued for discharges of non-stormwater to the storm drain system, Waters of the State, and industrial waste discharges to points other than to the City s Publicly Owned Treatment Works (POTW), that were previously permitted under Section of this Code, shall be canceled by the Director. No Industrial Wastewater Permit will be required for discharges to any point other than to the POTW. SEC (Reserved) (Added by Ord. No. 172,176, Eff. 10/1/98.) SEC AUTHORITY TO INSPECT. (Added by Ord. No. 172,176, Eff. 10/1/98.) A. Authority to Inspect. Whenever it is necessary to investigate the source of any discharge to any public street, inlet, gutter, or storm drainage system within the City of Los Angeles, to verify compliance with this article, or to enforce any of its provisions, or perform any duty imposed by this article or other applicable law, the Director is hereby authorized to enter such private property at any reasonable time and perform such inspection or investigation. Prior to performing any authorized inspections, entry to private property shall be obtained as follows: 1. If such building or premises is occupied, the Director shall first present proper credentials of identification and obtain either the consent of the owner or occupant of the private property or shall obtain an administrative warrant or criminal search warrant; or 2. If such building or premises is unoccupied, the Director shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry, explaining the reasons therefor. If such entry is refused or cannot be obtained because the owner or other person having charge or control of the building or premises cannot be found, the Director shall have recourse to every remedy provided by law to secure entry and inspect the building or premises. 3. Notwithstanding the foregoing, if the Director has reasonable belief that the discharges emanating from the premises are so hazardous, unsafe or dangerous as to require immediate inspection or remedial actions to abate conditions that endanger the public health or safety, the Director shall have the

173 right to immediately enter the premises. Any reasonable means may be used to effect such entry to make the necessary inspection or abate the dangerous condition, whether the property is occupied or unoccupied and whether or not formal permission to inspect has been obtained. If the property is occupied, the Director shall first present proper credentials of identification to the occupant and demand entry, explaining the reasons therefor and the purpose of the inspection. (a) In accordance with this subdivision, no person shall refuse, resist, restrict, delay, or interfere with the Director in the performance of his/her duties. B. Inspection Duties. Upon securing entry onto private property, the Director shall be allowed to perform the following duties during an inspection: 1. To inspect, take samples of any area runoff, process discharge or materials within any exposed waste storage area and perform tests for the purpose of determining the potential for the contribution of pollutants to the storm drain system; 2. To place on the property of the inspected facility or site any such devices as are necessary to sample, monitor, measure and record flows of discharge or threatened discharge; 3. To inspect, examine and copy all records of the owner or occupant of inspected property that pertains to any discharge to the storm drain system, including records relating to chemicals or processes presently or previously occurring on the site, NPDES permit, Notice of Intent to comply with a General NPDES permit, waste discharge records, waste manifests, Storm Water Pollution Prevention Plans, monitoring plans, test results, any records or plans relating to discharge connections to the storm drain system and any other information required to carry out the provisions of this article; 4. To inspect and enforce the sufficient implementation of applicable Best Management Practices by the business establishment, property owner and/or developer; (Added by Ord. No. 175,026, Eff. 2/2/03.) 5. To photograph any materials, storage or process areas, wastes, waste containers, vehicles, connections, Best Management Practices, treatment systems, discharge location(s), or any violation(s) discovered during the inspection; and (Former Subdivision B.4. re-designated Subdivision B.5. by Ord. No. 175,026, Eff. 2/2/03.) 6. To abate, correct or prevent pollutants from entering the storm drain system or surface waters. (Former Subdivision B.5. re-designated Subdivision B.6. by Ord. No. 175,026, Eff. 2/2/03.) SEC AUTHORITY TO ARREST AND ISSUE CITATIONS. (Added by Ord. No. 172,176, Eff. 10/1/98.) In addition to the provisions established in section 61.07(b) of this Code, Chief Industrial Waste Inspectors, Senior Industrial Waste Inspectors and Industrial Waste Inspectors of the Department of Public Works, designated to implement and enforce the provisions of this article, shall have the power, authority, and immunity of a public officer or employee, as set forth in the Penal Code of the State of California, Section to make arrests without a warrant or release on citation whenever he or she has reasonable cause to believe that the person to be arrested has committed a misdemeanor or an infraction in his or her presence which is a violation of this article. Each citation to appear shall state the name and the address of the violator, the provisions of this article violated, and the time and place of appearance before the court. The person cited shall sign the citation giving his or her written promise to appear as stated therein. If the person cited fails to appear, the City Attorney may request issuance of a warrant for the arrest of the person cited. SEC ENFORCEMENT. (Added by Ord. No. 172,176, Eff. 10/1/98.) A. Criminal Sanctions. 1. Misdemeanors. Every violation of this article is punishable as a misdemeanor unless such violation or failure to comply is declared therein to be an infraction. Misdemeanors shall be punishable as follows: (a) A misdemeanor shall be punishable by a fine of not more than $1, or by imprisonment in the County Jail for a period of not more than six (6) months, or by both such fine and imprisonment. 2. Infractions. Violation of any provision of this article that is provided herein to be an infraction shall be punishable as follows: (a) Every violation that is charged as an infraction is punishable by a fine not to exceed $50.00 for the first violation, $ for the second violation of the same provision within one year of the first violation, and $ for the third violation of the same provision within one year of the second violation. Any subsequent violation(s) of the same provision, occurring any time after the third violation of the same provision, shall be punishable as a misdemeanor. B. Violations Deemed A Public Nuisance. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any provision of this article shall be deemed a public nuisance, and may be summarily abated by the City. C. Continuing Violation(s). Unless otherwise provided, a person shall be deemed guilty of a separate offense for each and every day a violation of this

174 article is committed, continued or permitted by the person and shall be punishable accordingly as herein provided. SEC REMEDIES NOT EXCLUSIVE. (Added by Ord. No. 172,176, Eff. 10/1/98.) Remedies provided for the enforcement of this article are in addition to and do not supersede or limit any and all other remedies provided by law. The remedies provided herein are cumulative and not exclusive. SEC LIABILITY FOR COSTS OF CORRECTION ARISING FROM UNLAWFUL DISCHARGE. (Amended by Ord. No. 175,596, Eff. 12/7/03.) In addition to any fine or penalty imposed, whenever any discharger introduces or causes the introduction of non-storm water or any pollutant in violation of this article and the discharge results in a violation of any State or Federal laws or regulations, damages public property, or adversely affects a storm drain system in the City of Los Angeles or receiving waters, the discharge shall be deemed a public nuisance and the discharger shall be liable to the City for reasonable costs necessary to correct that discharge, detriment or adverse effect, including, but not limited to labor, material, inspection, transportation, overhead, and incidental expenses associated with the corrective action or the clean-up of the pollutant and its effects. All costs incurred pursuant to this section shall be a personal obligation against the discharger and any owner of any property that is the source of any discharge, recoverable by the City in an action before any court of competent jurisdiction. These costs shall include an amount equal to 40 percent of the cost to perform the actual work, but not less than the sum of $100.00, to cover the City s costs for administering any contract and supervising the work required. In addition to this personal obligation and all other remedies provided by law, the City may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections through SEC DISPOSITION OF MONEY COLLECTED. (Amended by Ord. No. 175,026, Eff. 2/2/03.) Any costs recovered pursuant to Section of this article, or any funds received from the Los Angeles County Flood Control District Fund as reimbursement for any flood control activities or any type of program implementation as required by the NPDES Municipal Stormwater Permit, shall be deposited in the Stormwater Pollution Abatement Fund established by Section of this Code. Notwithstanding the provisions for expenditure and disposition of funds provided in Sec and Sec , funds collected under this section shall be reserved and expended only for those purposes for which the funds were recovered or reimbursed. SEC STORMWATER AND URBAN RUNOFF POLLUTION EDUCATION. (Added by Ord. No. 172,176, Eff. 10/1/98.) As part of the City s Stormwater Management Program, the Board shall develop and implement a public informational outreach program to educate residents and business persons who operate within the City of Los Angeles, including City employees, about the provisions of this article, the detrimental effects of stormwater and urban runoff pollution and the means for controlling such pollution. This program shall include but not be limited to: written or printed materials, audio and visual materials, posters, signs, films, videos, training courses, workshops, public service announcements, and any other applicable or appropriate educational tools or materials. SEC CONSTRUCTION AND APPLICATION. (Added by Ord. No. 172,176, Eff. 10/1/98.) This ordinance shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and NPDES Permit No. CAS and any amendment, revision or reissuance thereof. SEC SEVERABILITY. (Added by Ord. No. 172,176, Eff. 10/1/98.) Should any portion of this ordinance be declared invalid by a court of competent jurisdiction, the remainder shall continue in effect and shall be interpreted is such manner as to effectuate the objectives set forth in Section of this article. SEC STORMWATER POLLUTION CONTROL MEASURES FOR DEVELOPMENT PLANNING AND CONSTRUCTION ACTIVITIES. (Amended by Ord. No. 181,899, Eff. 11/14/11, Oper. 5/12/12.) (A) Objective. The provisions of this Section contain requirements for construction activities and facility operations of Development and Redevelopment

175 projects to comply with the requirements of the Standard Urban Stormwater Mitigation Plan, integrate LID practices and standards for stormwater pollution mitigation, and maximize open, green and pervious space on all Developments and Redevelopments consistent with the City's landscape ordinance and other related requirements in the Development Best Management Practices Handbook. LID shall be inclusive of SUSMP requirements. (B) Scope. This Section contains requirements for stormwater pollution control measures in Development and Redevelopment projects and authorizes the Board to further define and adopt stormwater pollution control measures, develop LID principles and requirements, including but not limited to the objectives and specifications for integration of LID strategies, collect Best Management Practices compliance plan check fees, grant waivers from the requirements of the Standard Urban Stormwater Mitigation Plan, collect funds for projects that are granted waivers, conduct inspections, cite violators for infractions, and impose fines. Except as otherwise provided herein, the Board shall administer, implement and enforce the provisions of this Section. (C) LID Requirements. All Developments and Redevelopments shall comply with the following: 1. Development or Redevelopment Involving Four or Fewer Units Intended for Residential Use. a. Development or Redevelopment less than one acre shall implement LID BMP alternatives identified in the Development Best Management Practices Handbook; and b. Development or Redevelopment one acre or greater shall comply with the standards and requirements of this Article and with the Development Best Management Practices Handbook. 2. Development or Redevelopment Involving Nonresidential Use or Five or More Units Intended for Residential Use. a. Development or Redevelopment resulting in an alteration of at least fifty percent (50%) or more of the impervious surfaces on an existing developed Site, the entire Site must comply with the standards and requirements of this Article and with the Development Best Management Practices Handbook; and b. Development or Redevelopment resulting in an alteration of less than fifty percent (50%) of the impervious surfaces of an existing developed Site, only such incremental Development shall comply with the standards and requirements of this Article and with the Development Best Management Practices Handbook. 3. A Development or Redevelopment of any size that would create 2,500 square feet or more of impervious surface area and is located partly or wholly within an ESA shall comply with the standards and requirements of this Article and with the Development Best Management Practices Handbook. 4. The Site for every Development or Redevelopment shall be designed to manage and capture stormwater runoff, to the maximum extent feasible, in priority order: infiltration, evapotranspiration, capture and use, treated through high removal efficiency biofiltration/biotreatment system of all of the runoff on site. High removal efficiency biofiltration/biotreatment systems shall comply with the standards and requirements of the Development Best Management Practices Handbook. A LID Plan shall be prepared to comply with the following: a. Stormwater runoff will be infiltrated, evapotranspired, captured and used, treated through high removal efficiency Best Management Practices, onsite, through stormwater management techniques that comply with the provisions of the Development Best Management Practices Handbook. To the maximum extent feasible, onsite stormwater management techniques must be properly sized, at a minimum, to infiltrate, evapotranspire, store for use, treat through high removal efficiency biofiltration/biotreatment system, without any storm water runoff leaving the Site for at least the volume of water produced by the quality design storm event that results from: (i) The 85th percentile 24-hour runoff event determined as the maximized capture stormwater volume for the area using a 48 to 72- hour draw down time, from the formula recommended in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ASCE Manual of Practice No. 87, (1998); or (ii) The volume of annual runoff based on unit basin storage water quality volume, to achieve 80 percent or more volume treatment by the method recommended in the California Stormwater Best Management Practices Handbook - Industrial/Commercial, (2003); or (iii) The volume of runoff produced from a 0.75 inch storm event. For purposes of compliance with the LID requirements, and without changing the priority order of design preferences identified in this Section, all runoff from the water quality design storm event, as identified in Paragraph (a) of this Subdivision, that has been treated through an onsite high removal efficiency biofiltration/biotreatment system shall be deemed to have achieved 100% infiltration regardless of the runoff leaving the Site from an onsite high removal efficiency biofiltration/biotreatment system, and thus any runoff volume shall not be subject to the offsite mitigation requirement of this Article. b. Pollutants shall be prevented from leaving the Site for a water quality design storm event as defined in Paragraph (a) of this Subdivision unless it has been treated through an onsite high removal efficiency biofiltration/biotreatment system. c. Hydromodification impacts shall be minimized to natural drainage systems as defined in the MS4 Permit.

176 5. When, as determined by the Director, the onsite LID requirements are technically infeasible, partially or fully, as defined in the Development Best Management Handbook, the infeasibility shall be demonstrated in the submitted LID Plan, shall be consistent with other City requirements, and shall be reviewed in consultation with the Department of Building and Safety. The technical infeasibility may result from conditions that may include, but are not limited to: a. Locations where seasonal high groundwater is within ten feet of surface grade; b. Locations within 100 feet of a groundwater well used for drinking water; c. Brownfield Development sites or other locations where pollutant mobilization is a documented concern; d. Locations with potential geotechnical hazards; e. Locations with impermeable soil type as indicated in applicable soils and geotechnical reports; and f. Other site or implementation constraints identified in the Development Best Management Practices Handbook. 6. If partial or complete onsite compliance of any type is technically infeasible, the project Site and LID Plan shall be required to comply with all applicable Standard Urban Stormwater Mitigation Plan (SUSMP) requirements in order to maximize onsite compliance. For the remaining runoff that cannot feasibly be managed onsite, the project shall implement offsite mitigation on public and/or private land within the same sub-watershed out of the following five sub-watersheds: Upper Los Angeles River, Lower Los Angeles River, Ballona Creek, Santa Monica Bay, and Dominguez Channel. This shall include construction and perpetual maintenance of projects that will achieve at least the same level of runoff retention, infiltration and/or use, and water quality. All City Departments will assist the developer, when and where feasible, in the design, permitting and implementation of LID BMP projects within the public right of way, with a preference for utilizing the public right of way immediately adjacent to the subject development. 7. A Multi-Phased Project may comply with the standards and requirements of this Section for all of its phases by: (a) designing a system acceptable to the Bureau of Sanitation to satisfy these standards and requirements for the entire Site during the first phase, and (b) implementing these standards and requirements for each phase of Development or Redevelopment of the Site during the first phase or prior to commencement of construction of a later phase, to the extent necessary to treat the stormwater from such later phase. For purposes of this Section, "Multi-Phased Project" shall mean any Development or Redevelopment implemented over more than one phase and the Site of a Multi-Phased Project shall include any land and water area designed and used to store, treat or manage stormwater runoff in connection with the Development or Redevelopment, including any tracts, lots, or parcels of real property, whether Developed or not, associated with, functionally connected to, or under common ownership or control with such Development or Redevelopment. 8. The Director shall prepare, maintain, and update, as deemed necessary and appropriate, the Development Best Management Practices Handbook to set LID standards and practices and standards for stormwater pollution mitigation, including urban and stormwater runoff quantity and quality control development principles and technologies for achieving the LID standards. The Development Best Management Practices Handbook shall also include technical feasibility and implementation parameters, alternative compliance for technical infeasibility, as well as other rules, requirements and procedures as the Director deems necessary for implementing the provisions of this Section of the Los Angeles Municipal Code. The Board of Public Works shall adopt the Development Best Management Practices Handbook no later than 90 days after the adoption of this Ordinance by the City Council and the Mayor. 9. The Director of the Bureau of Sanitation shall develop as deemed necessary and appropriate, in cooperation with other City departments and stakeholders, informational bulletins, training manuals and educational materials to assist in the implementation of the LID requirements. 10. The applicant can appeal the Director's determination of compliance with the provisions of this Article to the Board of Public Works within 30 days of the date of the determination. 11. Any Development or Redevelopment that is exempted from LID requirements under section D. has the option to voluntarily opt in and incorporate into the project the LID requirements set forth herein. In such case, the Best Management Practices plan check fee associated with the project shall be waived and all LID related plan check processes shall be expedited. 12. Any Development or Redevelopment exempted from this Ordinance under section D. shall comply with all applicable SUSMP requirements. (D) Exceptions to LID Requirements. The provisions of this Section do not apply to any of the following: 1. A Development or Redevelopment that only creates, adds or replaces less than 500 square feet of impervious area; 2. A Development or Redevelopment involving only emergency construction activity required to immediately protect public health and safety; 3. Infrastructure projects within the public right-of-way; 4. A Development or Redevelopment involving only activity related to gas, water, cable, or electricity services on private property; 5. A Development or Redevelopment involving only re-striping of permitted parking lots;

177 6. A project involving only exterior movie or television production sets, or facades on an existing developed site. (E) Other Agencies of the City of Los Angeles. All City of Los Angeles departments, offices, entities and agencies, shall establish administrative procedures necessary to implement the provisions of this Article on their Development and Redevelopment projects and report their activities annually to the Board of Public Works. SEC AUTHORITY OF THE BOARD OF PUBLIC WORKS. (Added by Ord. No. 173,494, Eff. 9/14/00.) (A) Define & Adopt Best Management Practices (BMPs). The Board of Public Works shall have the authority to define and adopt best management practices necessary to control stormwater pollution from construction activities and facility operations to the maximum extent practicable and place said requirements in the Board of Public Works Development Best Management Practices Handbook. The Board of Public Works may from time to time, as it deems appropriate, change, modify, revise or alter stormwater pollution control best management practices. (B) Granting of Waiver. The Board of Public Works shall have the authority to grant a waiver to a development or redevelopment project from the requirements of the Standard Urban Stormwater Mitigation Plan as defined in the Development Best Management Practices Handbook adopted by the Board of Public Works as authorized by this section of the Los Angeles Municipal Code. SEC FUNDS COLLECTED FROM WAIVER. (Added by Ord. No. 173,494, Eff. 9/14/00.) The Board of Public Works may collect from the applicant of a project that has been granted a waiver the cost in savings from such waiver, as determined by the Board of Public Works in accordance with the Development Best Management Practices Handbook adopted by the Board of Public Works as authorized by this section of the Los Angeles Municipal Code. Such collected funds shall be deposited in the Stormwater Pollution Abatement Fund as established by Section of this code. SEC SUPPLEMENTAL PROVISIONS. (Added by Ord. No. 173,494, Eff. 9/14/00.) Provisions of this section shall be complimentary to, not replaced by, any requirements for stormwater mitigation existing under the California Environmental Quality Act. SEC AUTHORITY TO INSPECT AND ENFORCE STORMWATER POLLUTION CONTROL MEASURES. (Added by Ord. No. 173,494, Eff. 9/14/00.) (A) Violations. Notwithstanding the provisions of the grading or building permit, non-compliance with any provisions of this section and, or the required Covenant & Agreement pursuant to Chapter IX Article I Section Exception 15, shall be considered an infraction and may be punishable in accordance with Section , Subsection A, Subdivision 2 of this article. Each day of non-compliance may be considered a separate violation. (B) Inspection. Whenever it is necessary to make an inspection to enforce or verify compliance with any stormwater control provision, as imposed by this article, Chapter IX of the Los Angeles Municipal Code Article 1 Section Exception 14, and Chapter IX Article 1 Section Exception 15, the Board of Public Works or its representatives are hereby authorized to enter such property at any reasonable time to inspect for compliance with best management practices and perform any duty imposed by this article and the provisions of Section Exception 14 and 15 of this Code, or other applicable law, provided that: and 1. If such property be occupied, he/she shall first present proper credentials to the occupant and request entry explaining his/her reasons therefor; 2. If such property be unoccupied, he/she shall first make a reasonable effort to locate the owner or other persons having charge or control of the property and request entry, explaining his/her reasons therefor. If such entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the Board of Public Works or its representatives shall have recourse to every remedy provided by law to secure lawful entry and inspect the property. SEC LID PLAN CHECK FEES. (Title and Section Amended by Ord. No. 181,899, Eff. 11/14/11, Oper. 5/12/12.) (A) Before review and approval of a set of plans and specifications for checking, the applicant shall pay a Best Management Practices plan check fee.

178 (B) The fee schedule for providing Best Management Practices plan check services for LID Implementation Plan, Standard Urban Stormwater Mitigation Plan (SUSMP), or Site Specific Mitigation Plan (SSMP) is as follows: DEVELOPMENT CATEGORY Development or Redevelopment less than 500 square feet Residential, 4 Units or Less: For Development or Redevelopment greater than or equal to 500 square feet and less than 2,500 square feet For Development or Redevelopment greater than or equal to 2,500 square feet Development or Redevelopment of any size that would create 2,500 square feet or more of impervious surface area and is located partly or wholly within an ESA* Nonresidential Use or 5 or More Units Intended for Residential Use: For Redevelopment that results in an alteration of less than fifty (50) percent of the impervious surfaces of an existing developed Site For new Development or where Redevelopment that results in an alteration of at least fifty (50) percent or more of the impervious surfaces of an existing developed Site FEES Exempt $20 / Project $200 / Project $700 / Project $800 / Project $1,000 / Project * Projects located in, adjacent to, or discharging directly to a designated Environmentally Sensitive Area (ESA) (C) City. At the discretion of the Bureau of Sanitation, a large scale project may be categorized as a Special Project and billed on actual cost incurred by the (D) Off-hour Plan Check Fee. An applicant may apply to have the Bureau of Sanitation provide plan check services at other than normal working hours. If the Bureau approves an expedited application, the applicant must pay to the Bureau, in addition to the fees identified in Subsection B. of this Section, an additional fifty percent of the fees owed. (E) All entities, including City Departments and other public agencies, are required to pay the fees identified in Subsection B. of this Section. (F) All monies collected pursuant to the provisions of this Section shall be placed and deposited into the Stormwater Pollution Abatement Fund, under a separate account for each sub-watershed, established by Section of this Code. ARTICLE 5 MAINTENANCE AND REPAIR OF HAZARDOUS PRIVATE STREETS (Added by Ord. No. 141,406, Eff. 1/6/71.) Section Maintenance of Private Streets Repair of Private Streets Declaration of Purpose Definitions Hazardous Private Street Defined Hazardous Private Street Nuisance Order to Repair Persons Entitled to Copy Order to Repair Service Order to Repair to Be Posted Order to Repair Form And Content Director May Order The Summary Closure or Closing of a Hazardous Private Street Appeal From Order Order of The Board Violations Penalties For Removing Any Notice or Order Failure to Comply With Order Bureau of Street Maintenance May Repair Private Streets Failure to Comply With Order Owner Loses Right to Repair After Department of Public Works Has Begun Work Collection of Cost of Repair Interference Prohibited. SEC MAINTENANCE OF PRIVATE STREETS.

179 All private streets shall be maintained by persons having ownership thereof and by the owners of property contiguous or adjacent thereto in such a manner that adequate access by vehicular traffic is provided at all times so that fire, police, health and sanitation, and public utility vehicles can serve the properties contiguous or adjacent thereto, and so that said vehicles will have adequate turning areas. SEC REPAIR OF PRIVATE STREETS DECLARATION OF PURPOSE. It is the purpose of the provisions of this article to provide equitable and practicable methods, to be cumulative with and in addition to any other remedy available at law, whereby private streets located within the City of Los Angeles, which are a menace to the life, limb, health, property safety and general welfare of the people of the city, may be required to be repaired. SEC DEFINITIONS. For the purposes of this article, the following words and phrases are defined as follows: Director shall mean the Director of the Bureau of Street Maintenance Private Street shall mean a parcel of land not dedicated as a public street over which a private easement for road purposes has been granted to the owners of property contiguous or adjacent thereto which intersects or connects with a public street or another private street, and the instrument creating same has been duly recorded or filed in the office of the recorder of Los Angeles County. SEC HAZARDOUS PRIVATE STREET DEFINED. Hazardous private street shall mean any private street, either improved or unimproved, which is open for access for vehicular traffic and which the Director has determined to contain any or all of the following defects: (a) A roadway, the surface material of which has loosened, buckled, split, crumbled, eroded or in any other way whatsoever deteriorated so as to make it unsafe for vehicular traffic or so as to constitute a roadway obstruction to the adequate access by fire, police, health and sanitation, and public utility vehicles. (b) A roadway, the surface of which has become blocked in whole or in part by the deposit of earth or other materials thereon, or by reason of any other cause. (c) A roadway, all or any portion of which is likely to collapse because of deterioration, decay, faulty construction, or by reason of the removal or movement of any portion of the ground necessary for the support thereof. SEC HAZARDOUS PRIVATE STREET NUISANCE. All hazardous private streets within the terms of Section of this article are hereby declared to be public nuisances and shall be repaired in the manner hereinafter provided. SEC ORDER TO REPAIR PERSONS ENTITLED TO COPY. (Amended by Ord. No. 181,595, Eff. 4/10/11.) When the Director determines that any private street is a hazardous private street, he shall serve an order requiring the correction of the hazardous condition. One copy of the order shall be served on each owner of the land constituting the private street and upon the owner of each contiguous or adjacent parcel of property having an easement in the private road as such owners are shown on the last equalized assessment roll of Los Angeles County or as known to the City Engineer. SEC ORDER TO REPAIR SERVICE. (a) Method of Service. The order to repair shall be served upon all persons entitled thereto, either personally or by certified mail, postage prepaid, return receipt requested, at the address of such persons as the same appears either on the last equalized assessment roll of the County, or as known to the City Engineer, or as disclosed in any search of title. If no such address appears, or is disclosed, or is known to the City Engineer, then a copy shall be addressed to such person at the lot or parcel involved in the proceedings. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder. (Amended by Ord. No. 181,595, Eff. 4/10/11.) (b) Affidavit of Service. The officer or employee of the Department of Public Works, upon giving notice as provided herein, shall file an affidavit thereof with the board certifying to the time and manner in which such notice was given. He shall also file therewith any receipt card which may have been returned to him

180 in acknowledgement of the receipt of such notice by certified mail. SEC ORDER TO REPAIR TO BE POSTED. A true copy of the order shall be posted in a conspicuous place upon each parcel of property involved. SEC ORDER TO REPAIR FORM AND CONTENT. The order shall be given upon a form prescribed by the Board and shall set forth the street address and the legal description, sufficient for identification of the parcel or parcels constituting the private street. It shall contain a brief statement specifying the defects causing the street to be a hazardous private street and their location. It shall also contain a statement of the work required to be done in order to correct said defects and place the street in a reasonable state of repair in light of its original construction and that no work shall be commenced without first obtaining a written permit pursuant to Sections of the Los Angeles Municipal Code. The Director shall specify therein the time in which the work required to be done must be commenced, which shall not be later than 60 days following the issuance of the order, and shall further specify a reasonable time within which the work shall be completed. The Director may extend the time for completion for good cause upon written request for such an extension. SEC DIRECTOR MAY ORDER THE SUMMARY CLOSURE OR CLOSING OF A HAZARDOUS PRIVATE STREET. In addition to ordering the repair of a hazardous private street, the Director may order the immediate closing thereof until the repair work has been satisfactorily completed if the Director deems that the hazard is extreme. SEC APPEAL FROM ORDER. Any person served with an order to repair may, at any time prior to the date specified in the order for the work to be commenced, file a written appeal to the Board of Public Works, upon such form as the Board shall prescribe, for a review of any of the requirements of said order. The filing of such an appeal shall stay all requirements of the order until a determination of the matter is rendered by the Board. The Board shall promptly set a date for the hearing of the appeal and shall at least 10 days prior thereto, serve and post notice of the date thereof in the manner, prescribed by Sections 65.05, and The Board shall make such investigations as it deems necessary and shall upon the date set for hearing of the appeal from the order to repair, hear and consider evidence offered by any interested person. Thereafter, but in no event later than 45 days from receipt of the appeal, the Board shall make written findings of fact as to whether or not the private street is a hazardous private street within the terms of this division, and may affirm, change or modify any of the requirements of the repair order. SEC ORDER OF THE BOARD. The order of the Board affirming, changing or modifying the requirements of the order of the Director shall be served and posted in the manner specified by Sections 65.05, and If the order of the Board requires the performance of any work, it shall specify the time within which the work required to be done must be commenced, which shall be not later than 60 days following the issuance of said order, and shall further specify a reasonable time within which the work shall be completed. The Director may extend the time for completion for good cause upon written request for such an extension. SEC VIOLATIONS PENALTIES FOR REMOVING ANY NOTICE OR ORDER. Any person who removes any notice or order posted as required in this division shall be guilty of a misdemeanor. SEC FAILURE TO COMPLY WITH ORDER BUREAU OF STREET MAINTENANCE MAY REPAIR PRIVATE STREETS. (Amended by Ord. No. 175,596, Eff. 12/7/03.) Whenever an order to repair any private street has not been complied with within the time set by the Board or Director, or within any additional time the Director extends for good cause, the Board may cause the private street to be repaired by the means the Board deems advisable. SEC FAILURE TO COMPLY WITH ORDER OWNER LOSES RIGHT TO REPAIR AFTER DEPARTMENT OF PUBLIC WORKS HAS BEGUN WORK. Whenever the Board has undertaken action to make those repairs required by its order or the order of the Director, upon the failure of the owner or other interested party to comply with such order, the owner, person served with the order to repair, or other persons having charge or control over the parcels upon which the hazardous private street is located shall be deemed to have forfeited all further rights and privileges to do such work and are thereafter prohibited from doing any such work on said hazardous private street, except as the Board may otherwise allow.

181 SEC COSTS TO BE ASSESSED AGAINST PROPERTY WHEN. (Repealed by Ord. No. 175,596, Eff. 12/7/03.) SEC COLLECTION OF COST OF REPAIR. (Amended by Ord. No. 175,596, Eff. 12/7/03.) All costs incurred to repair the hazardous private street shall be a personal obligation against the owner of the real property upon which the private street is located, recoverable by the City in an action before any court of competent jurisdiction. These costs shall include an amount equal to 40 percent of the cost to perform the actual work, but not less than the sum of $100.00, to cover the City s costs for administering any contract and supervising the work required. In addition to this personal obligation and all other remedies provided by law, the City may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections through SEC REASSESSMENT. (Repealed by Ord. No. 175,596, Eff. 12/7/03.) SEC INTERFERENCE PROHIBITED. It shall be unlawful for any person to obstruct, impede or interfere with any representative of the Board of Public Works or with the inspector of any department of this city whenever any such representative of the board or inspector is engaged in preparing such private street pursuant to the provisions of this division or is performing any necessary act preliminary to or incidental to such work. ARTICLE 6 GARBAGE, REFUSE COLLECTION Section Definitions Refuse Service Refuse Collection Garbage Collection Food Plant Waste Transportation Permit Required Garbage Receptacles Specifications Deposit of Garbage on Streets Garbage Disposal Permits Epidemics Heating Garbage Franchises or Contracts to Collect or Dispose of Rubbish Definitions - Refuse Disposal Facility Operation of Refuse Disposal Facilities Franchise Terms and Conditions Franchise Fees Other Franchise Provisions Notice to Customers of Location of Equipment Permits Revocation of Proof of Rubbish Service Noncombustible Rubbish Permit Application Contents of Permits Not Transferable Permits Revocation of Garbage, Etc., Vehicles Use of Streets Replacing Fallen Material Depositing Noncombustible Rubbish Cleaning Rubbish Vehicles Rules and Regulations Effect of Non-compliance With Refuse Rubbish and Salvage Tampering With Employees Use of Rubbish Construction of Article Used Container Salvage Yard.

182 66.32 Purpose and Definitions Solid Waste Hauler Permit Requirements AB 939 Compliance Fees Violations, Penalties, and Permit Suspension and Revocation Compliance Permit Terms and Conditions Indemnification. Private Solid Waste Haulers and Recyclers SEC DEFINITIONS. (Amended by Ord. No. 118,900, Eff. 6/3/61) For the purpose of this article, the following words and phrases are defined and shall be construed as hereinafter set out, unless it shall be apparent from the context that they have a different meaning: 1. Refuse shall mean any combination of rubbish and garbage. (a) Household Refuse shall mean any combination of rubbish and garbage generated at a private residence or that part of any place used as a private residence except a hotel, motel or tourist camp as those places are defined in this article. (b) Commercial Refuse shall mean either rubbish or any combination of rubbish and garbage generated at such hotel, motel, tourist camp or place or part thereof used other than as a private residence. 2. Garbage shall mean either animal or vegetable residue or any combination thereof resulting from any use of a food, beverage or mixture of food and beverage except food plant waste, market waste or dead animals. (a) Household garbage shall mean all garbage other than commercial garbage. (b) Commercial garbage shall mean garbage resulting from the preparation or other processing of a food, beverage or mixture thereof for consumption on the premises of any place other than a private residence. (c) Food Plant Waste shall mean either animal or vegetable matter or any combination thereof resulting from the manufacture, production or other creation of a food, beverage or mixture thereof for any commercial use, elsewhere than at the place where manufactured, produced or otherwise created. (d) Market Waste or Market Refuse shall mean either animal or vegetable matter or any combination thereof which accumulates for disposal at any place other than the place of ultimate consumption by reason of any change in its form or condition during the process of marketing such matter. (Amended by Ord. No. 157,681, Eff. 6/13/83.) 3. Rubbish shall mean any combination of combustible, noncombustible or building material rubbish. (a) Combustible Rubbish shall mean paper and paper products; cloth and clothing, carpets, linoleum and similar floor coverings; feathers; grass and tree and shrubbery trimmings; leather and leather products; rubber and rubber products; plastics; straw and other combustible packing; wood and wood products; and similar articles that will incinerate through contact with flames of ordinary temperature. (b) Noncombustible Rubbish shall mean ashes, bottles, broken crockery, rubbish, metals, construction material other than building material rubbish, and other similar household substances that will not incinerate through contact with flames of ordinary temperature. (i) Ashes shall mean that noncombustible rubbish which is the solid residue from the thorough burning of combustible substances. (ii) Metals shall mean that noncombustible rubbish which is principally made of metal such as tin cans, toys and other similar items designated as such by the Board. (c) Building Material Rubbish shall mean either any unusual quantity, as further defined by the Board by rule or regulation, of combustible rubbish such as rock, gravel, brick, plaster, plasterboard, tile, mortar or concrete or any unusual quantity of combustible rubbish, similarly defined, such as materials resulting from building construction, alteration, repair or improvement or any combination of such noncombustible and such combustible rubbish. 4. Salvage shall mean any item of refuse designated by the Board and approved by the Council as having sufficient value to warrant the sale thereof. 5. Container shall mean any receptacle with a capacity of 45 gallons or less used or intended to be used for storing either rubbish, garbage or refuse

183 for collection. (Amended by Ord. No. 161,912, Eff. 2/26/87.) 6. Hotel shall mean a residential building designed or used for or containing six or more guest rooms or suites of rooms, but not including any institution in which human beings are housed or detained under legal restraint. 7. Motel shall mean a group of attached or detached buildings containing individual sleeping or living units, designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located to each unit, commonly referred to as auto courts, motels, motor lodges, tourist courts and similar designations. 8. Tourist Camp shall mean any place, area or tract of land upon which are located two or more cabins, trailer coaches, automobile house trailers, automobiles used for sleeping purposes, or other camping outfits commonly referred to as tourist camp, trailer park, and similar designations. 9. Solid Waste Transfer/Processing Station shall mean a site where refuse generated off the site is deposited and processed for salvageable materials or energy production, and from which non-salvageable materials and non-marketable residues are removed to a sanitary landfill or other legal disposal facility. (Amended by Ord. No. 157,681, Eff. 6/13/83.) 10. Public Sanitary Landfill shall mean a public site for the disposal of solid waste utilizing principles of engineering to protect the public health, safety and welfare by spreading and compacting such waste to the smallest practical volume and applying cover material over all exposed waste at specific designated intervals. (Added by Ord. No. 157,681, Eff. 6/13/83.) 11. Hazardous waste shall mean any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, a strong sensitizer or which generates pressure through decomposition, heat, or other means, if such a waste or mixture of wastes may cause substantial injury, serious illness or harm to humans, domestic livestock or wild life. (Added by Ord. No. 161,912, Eff. 2/26/87.) 12. Bin shall mean any metal receptacle primarily used for the storage of trash and refuse with a capacity of one to eight cubic yards. Said receptacle is generally used by multiple dwelling units and small businesses. (Added by Ord. No. 161,912, Eff. 2/26/87.) 13. Dumpster shall mean any metal receptacle primarily used for the storage of debris with a capacity of 9 to 50 cubic yards. Said receptacle is generally used by contractors and large commercial establishments. (Added by Ord. No. 161,912, Eff. 2/26/87.) SEC REFUSE SERVICE REFUSE COLLECTION. (a) 4/27/72.) Subject to the availability of funds therefor, it is the policy of the City of Los Angeles to provide the following: (Amended by Ord. No. 143,146, Eff. 1. The collection of household refuse, including metals, combined in one or more containers by a single pickup except when more than one pickup is required by the Board of Public Works and approved by Council resolution, on a regularly scheduled basis, but not to provide for the collection of commercial garbage, commercial refuse, food plant waste, or building material rubbish. (Amended by Ord. No. 146,705, Eff. 12/9/74. ) 2. The collection of dead animals on call as the need occurs, including such removal from commercial establishments only when death of such animal or fowl is from natural causes or accidental, or through intentional destruction for humane reasons to prevent suffering on the part of the animal or fowl from sickness or in jury; provided that the animal or fowl is not killed as a result of the regular routine operation of any commercial enterprise, thereby intentionally creating the carcasses and provided further that any collection of dead animals shall not include any dead animals from any pet hospital, humane society, kennel, stable, veterinary establishment or any commercial, industrial education, research medical or other facility that deal with or uses animals in connection with its operation or the collection or pickup of dead horses from private property. (Amended by Ord. No. 158,075, Eff. 8/22/83.) (b) It is the policy of the City of Los Angeles to dispose of refuse collected by the City, including metals, in land reclamation sites owned and operated or otherwise controlled by the City or in City-owned incinerators when economically feasible, or by contractual arrangement where appropriate. Contractual arrangements involving consideration in excess of $5,000 shall be approved by the Council by ordinance or resolution, except in the case of an emergency as determined by the Director of the Bureau of Sanitation. (Amended by Ord. No. 127,743, Eff. 7/24/64.) (c) (Amended by Ord. No. 118,900, Eff. 6/3/61.) Incinerators and land reclamation sites operated by the City shall be available for public use subject to the following conditions: 1. That the Board, after fully considering all the facts, determines that there exists at a particular incinerator or land reclamation site a capacity for refuse disposal in excess of that needed by the City; 2. That the Board, after considering the size and capacity of a land reclamation site, the location in which it is situated, the nature and condition of the roads giving access thereto, and other and similar considerations, determines, subject to the approval by the Council, that the use for public dumping purposes of a particular land reclamation site is in the public interest; 3. That the Board, subject to approval by the Council, shall fix charges for public use of incinerators and land reclamation sites operated by the City in such amounts as are sufficient to ensure that each use will bear a proportionate share of the maintenance amortization, operation, handling and other costs.

184 The Council may by resolution, either upon its own motion or upon recommendation of the Board, increase or decrease charges in order to meet changing cost conditions. (d) Land reclamation sites owned by the City shall be devoted upon completion of reclamation to such use as the Council shall determine. (Amended by Ord. No. 118,900, Eff. 6/3/61.) (e) The Board of Public Works shall adopt rules and regulations, not inconsistent with this article, to effectuate the purposes and intent of this section and the further provisions of this article. Any such rule or regulation pertaining to refuse collection shall be approved by the Council. (Amended by Ord. No. 118,900, Eff. 6/3/61.) (f) The Board of Public Works, subject to the approval of the Council in each instance by resolution, may from time to time institute and conduct one or more pilot programs within an area or areas of the City designated by the Board for the separate collection and disposal of household refuse and salvage on a regularly scheduled basis, for the purpose of studying costs to the City and other factors of such program or programs compared with the policies set forth in Subsection (a) of this section. (Amended by Ord. 146,705, Eff. 12/9/74.) (g) It is the policy of the City to collect from the Los Angeles Unified School District s facilities and schools such recyclable materials as designated by the Board of Public Works; provided any such facility or school is located on an existing curbside recycling truck route and the service is to be provided at no cost to the Los Angeles Unified School District. (Added by Ord. No. 168,661, Eff. 4/29/93.) SEC GARBAGE COLLECTION. No person shall remove or convey any garbage upon or along any street in this City; provide, however, that the provisions of this section shall not apply any person in the employ of this City who shall be assigned by the Board to the work of garbage disposal or to any person with whom this City has entered into, or may hereafter enter into, a contract for the collection, removal and disposal of garbage or to any employee of such contractor during the time his contract shall be in force, and provided further that refuse collection and disposal contractors serving neighboring municipalities, County garbage districts, State or Federal institutions, or any person in the employ of any such governmental agency may haul garbage over the streets of this City after having first obtained a permit therefor from the Board of Public Works. SEC FOOD PLANT WASTE TRANSPORTATION PERMIT REQUIRED. No person shall remove or convey any food plant waste upon or along any street in this City without a permit therefor from the Board of Public Works; each applicant for a permit hereunder shall agree to comply with such rules and regulations as the Board may establish for the hauling of such waste. SEC GARBAGE RECEPTACLES SPECIFICATIONS. It shall be the duty of every owner, manager, or person in possession, charge or control of any boarding house, restaurant, hotel, apartment, or eating house, and every person occupying a dwelling or flat within the City to provide, and at all times to keep portable vessels, tanks or receptacles for holding garbage. Each vessel, tank or receptacle shall be constructed nonabsorbent, watertight, vector-resistant, durable, easily cleanable, and designed for safe handling and so constructed so as to contain not less than three or more than sixteen gallons and provided with handles. Each such vessel, tank or receptacle and its cover shall be made of such materials as may be approved for such use by the Board and by the City Council. The cover shall not be removed except when necessary to place garbage therein or to remove garbage therefrom. Each vessel, tank or receptacle and its cover shall be kept cleaned on the outside from accumulating grease and decomposing material and shall be of an adequate size and in sufficient numbers to contain, without overflowing, all the garbage that a household or other establishment generates within the designated removal period. Each such vessel, tank or receptacle when filled shall not exceed reasonable lifting weights for an average physically fit individual except where mechanical loading systems are used. Any such vessel, tank or receptacle shall comply with Part 1301 of Title 16 of the Code of Federal Regulations to the extent that such Part is applicable to any such vessel, tank or receptacle. (Amended by Ord. No. 154,349, Eff. 10/11/80.) SEC DEPOSIT OF GARBAGE ON STREETS. No person shall deposit any garbage upon or in any street or premises in this City or in the Los Angeles River or in the bed thereof. SEC GARBAGE DISPOSAL PERMITS. (a) Any person disposing of garbage within the City by the methods of incineration or reduction, or disposing of garbage obtained by a duly authorized contractor for this City by such methods, shall make application agreeing to such rules and regulations as may be promulgated by the City for the construction and maintenance of any such incinerator or reduction plant in a sanitary manner and the disposal of any waste materials therefrom in a manner which shall not create a menace to human or animal health or a public nuisance, and shall thereafter receive a permit which shall be revocable at any time for cause. (b) Any person feeding garbage to hogs from any source other than the household or ranch on which the hogs are maintained must first make application for a permit to do so. Such a permit shall be issued only on the condition that the applicant comply with Section of this Code and applicable provisions of

185 Ordinance No. 127,507 and all rules and regulations adopted pursuant thereto. (Amended by Ord. No. 128,102, Eff. 9/18/64.) SEC EPIDEMICS HEATING GARBAGE. Whenever there shall be any emergency, such as the appearance of an epidemic of communicable disease of men or animals, garbage may be required to be heated through all its parts to a minimum of 170 F. for a minimum of thirty minutes. Such heating must be applied before transporting garbage over any public highway or railway, except that garbage being collected from places of production as designated in Section may be transported cold to a designated place for such heating. SEC COMBUSTIBLE RUBBISH AND MARKET WASTE PERMITS TO HAUL. (Repealed by Ord. No. 168,508, Eff. 2/6/93.) SEC FRANCHISES OR CONTRACTS TO COLLECT OR DISPOSE OF RUBBISH. (Retitled and Amended by Ord. No. 172,907, Eff. 1/7/00.) Should the City at any time award a franchise or contract for the collection, disposal or destruction of rubbish or waste materials then no holder of a permit issued hereunder, other than the franchisee or contractor, shall thereafter be permitted to provide services covered by such franchise or contract within the granted franchise or contract area except as otherwise permitted by the Board, provided that in the event of such occurrence, there shall be compliance with the provisions of Section 4270 to 4273 of Health and Safety Code. SEC DEFINITIONS - REFUSE DISPOSAL FACILITY. (Added by Ord. No. 172,907, Eff. 1/7/00.) A facility fully permitted under applicable local, state, and federal laws and regulations to accept and dispose of household and business refuse from the City and other licensed haulers. SEC OPERATION OF REFUSE DISPOSAL FACILITIES. (Added by Ord. No. 172,907, Eff. 1/7/00.) (a) Except as provided in Section , it is unlawful for any person to own, establish, operate or carry on the business of a refuse disposal facility in the City unless, at the City s sole option, such person has been granted a non-exclusive franchise by the City Council. (b) Section (a) does not apply to any person who owns or operates a refuse disposal facility operating as of January 1, 1999, under a valid conditional use permit or other authorizing permit issued by the City, until any one of the following events occurs: (1) the conditional use permit or other authorizing permit expires, or (2) the conditional use permit or other authorizing permit is renewed; or (3) the conditional use permit or other authorizing permit is modified. SEC FRANCHISE TERMS AND CONDITIONS. (Added by Ord. No. 172,907, Eff. 1/7/00.) (a) All franchises granted to persons pursuant to this division shall be non-exclusive. (b) All franchises shall be subject to the terms and conditions specified in this article, in the agreement, and in all other applicable federal, state and local laws and regulations including the Los Angeles Administrative Code. (c) In granting any franchise, the Council may prescribe additional terms and conditions not in conflict with the City Charter, the City Administrative Code, or this division. SEC FRANCHISE FEES. (Added by Ord. No. 172,907, Eff. 1/7/00.) The City shall impose a franchise fee each year equal to 12 percent of the annual gross receipts from fees and charges collected by the operator of the refuse disposal facility.

186 SEC OTHER FRANCHISE PROVISIONS. (Added by Ord. No. 172,907, Eff. 1/7/00.) (a) The City may expand or contract the scope of the agreement over time due to changes in law or interpretations of law. (b) The City has the right to inspect franchisee s records for purposes of determining AB 939 compliance and other reporting requirements. The City may also inspect franchisee s records to determine proper calculation and payment of franchise fees. The City will provide franchisee with reasonable notice of its intent to inspect any of franchisee s records. (c) The City retains the right to terminate or suspend the franchise, as provided in the terms and conditions of the franchise ordinance or as otherwise provided by applicable law. SEC ALTERNATIVE TO LANDFILLING FEE. (Repealed by Ord. No. 181,175, Eff. 6/19/10.) SEC NOTICE TO CUSTOMERS OF LOCATION OF EQUIPMENT. (Title and Section Amended by Ord. No. 154,349, Eff. 10/11/80.) Each person permitted to operate pursuant to the provisions of Sec of this Code shall be required to mail a notice to each of its customers, on a form to be approved by the Board, describing the customer s responsibilities, pursuant to law, to keep the lid closed, to not place refuse for collection outside the container or bin and such other provisions as required by the Board. This notice shall be mailed by such operator to each customer with the initial billing after the form is provided by the Board and every twelve (12) months thereafter. SEC PERMITS REVOCATION OF. In the event that any person holding a permit to remove or convey combustible rubbish or market refuse along or upon any street shall violate any condition of such permit or any provision of this article, or any provision of any ordinance or any regulation of the Board relating to removal, disposal or conveyance of combustible rubbish or market refuse, the Board may, in its discretion, in addition to the other penalties provided in this code, suspend for a stated period or revoke such permit issued to such person. If the said permit shall be revoked the Board may, in its discretion, thereafter refuse to grant to such person a permit to remove or convey combustible rubbish or market refuse. No permit shall be suspended or revoked until a hearing shall have been had by the Board in the manner provided in Section of this Code. SEC COMBUSTIBLE RUBBISH AND MARKET REFUSE VEHICLES. (Repealed by Ord. No. 168,508, Eff. 2/6/93.) SEC COMBUSTIBLE RUBBISH AND MARKET REFUSE PLACE OF DISPOSAL. (Repealed by Ord. No. 168,508, Eff. 2/6/93.) SEC SOLID WASTE ENFORCEMENT PROGRAM. (Repealed by Ord. No. 180,429, Eff. 1/30/09.) SEC SUPPLEMENTAL FEE FOR PERIOD BETWEEN AUGUST 1, 1992 TO JUNE 30, (Repealed by Ord. No. 170,518, Eff. 6/22/95.) SEC SOLID WASTE FACILITY APPLICATION PERMIT REVIEW FEES. (Repealed by Ord. No. 180,429, Eff. 1/30/09.) SEC SOLID WASTE FACILITY PERMIT MODIFICATION REVIEW FEES. (Repealed by Ord. No. 180,429, Eff. 1/30/09.)

187 SEC SOLID WASTE FACILITY INSPECTION FEE. (Repealed by Ord. No. 180,429, Eff. 1/30/09.) SEC SOLID WASTE TRANSFER/PROCESSING STATION PERMIT. (Repealed by Ord. No. 180,429, Eff. 1/30/09.) SEC COMPOSTING FACILITY PERMIT. (Repealed by Ord. No. 180,429, Eff. 1/30/09.) SEC NONHAZARDOUS CONTAMINATED SOIL TRANSFER/PROCESSING OPERATION. (Repealed by Ord. No. 180,429, Eff. 1/30/09.) SEC NONHAZARDOUS CONTAMINATED SOIL DISPOSAL FACILITY. (Repealed by Ord. No. 180,429, Eff. 1/30/09.) SEC COMBUSTIBLE RUBBISH SANITARY LANDFILL. (Repealed by Ord. No. 180,429, Eff. 1/30/09.) SEC SANITARY LANDFILL ADDITIONAL MONITORING FEE. (Repealed by Ord. No. 180,429, Eff. 1/30/09.) SEC SANITARY LANDFILL CLOSED SITE DEVELOPMENT PLAN REVIEW FEE. (Repealed by Ord. No. 180,429, Eff. 1/30/09.) SEC PERMIT TRANSFERS. (Repealed by Ord. No. 180,429, Eff. 1/30/09.) SEC NON-OPERATING LANDFILLS. (Repealed by Ord. No. 180,429, Eff. 1/30/09.) SEC SOLID WASTE COLLECTION VEHICLE YARDS. (Repealed by Ord. No. 180,429, Eff. 1/30/09.) SEC SOLID WASTE COLLECTION VEHICLES. (Repealed by Ord. No. 180,429, Eff. 1/30/09.) SEC ANNUAL FEE ADJUSTMENTS (Repealed by Ord. No. 180,429, Eff. 1/30/09.) SEC CONTAINERS COMMERCIAL AND RESIDENTIAL. (Repealed by Ord. No. 168,508, Eff. 2/6/93.) SEC PROOF OF RUBBISH SERVICE. (Added by Ord. No. 161,912, Eff. 2/26/87.) Irrespective of any other provision of this Code, the manager or person in charge of, or in control of, any refuse of trash of any hotel, motel, restaurant, office building or commercial business shall furnish written proof, whether in the form of contracts or receipts, to any appropriate municipal authority on request that said business establishment maintains a rubbish service that collects rubbish emanating from said establishment in a manner in keeping with current health regulations.

188 SEC NONCOMBUSTIBLE RUBBISH PERMIT. No person shall remove or convey any noncombustible rubbish upon or along any public street without first filing a written application and obtaining a written permit from the Board so to do. The provisions of this section shall not apply to any person in the employ of the Board or with whom the City has entered into or may hereafter enter into a contract for the removal, disposal and conveyance of noncombustible rubbish, or to any employee of such contractor during the time that the contract is in force. SEC APPLICATION CONTENTS OF. The written application required in Section shall be signed and shall contain the address of the applicant together with a statement that applicant shall agree to conform in all respects to and obey an laws and ordinances now in force or that may hereafter be adopted, and all regulations of the Board relative to the removal, disposal and conveyance of noncombustible rubbish. Applicant shall further agree that he will dispose of all noncombustible rubbish obtained by him in such a manner as not to violate the provisions of this article. SEC PERMITS NOT TRANSFERABLE. No permit issued pursuant to Section shall be assigned or transferred. SEC PERMITS REVOCATION OF. The Board may, in addition to the penalties provided for in this Code for the violation of any provisions of this article, revoke the permit issued pursuant to Sec when any condition of said permit or any law or ordinance, or any rule of the Board relating to, or regulating the removal, disposal or conveyance of noncombustible rubbish has been violated. No permit shall be revoked until a hearing shall have been had by the Board in the matter of the revocation of such permit in the manner provided for in Section of this Code. SEC GARBAGE, ETC., VEHICLES USE OF STREETS. (Amended by Ord. No. 127,508, Eff. 6/29/64.) (1) No person shall permit any vehicle hauling or used for hauling or carrying any dead animals, offal, market waste, garbage, swill, manure or other nauseous or offensive substance to remain in or upon any street longer than is necessary for loading and hauling such substance to its destination or permit any such vehicle to be in a filthy or offensive condition, or to remain uncovered when in transit upon streets or near public places. (2) No person shall remove or convey any offal, market waste, garbage, swill, manure or other nauseous or offensive substance along any street, except in watertight vessels, receptacles or carriers. SEC REPLACING FALLEN MATERIAL. (Amended by Ord. No. 127,508, Eff. 6/29/64.) No person removing or conveying any refuse, garbage, food plant waste, market waste or rubbish shall fail, refuse or neglect to replace immediately in any container any refuse, garbage, food plant waste, market waste or rubbish that shall have fallen therefrom, in or upon any street or in or upon any premises. No person other than the owner or operator of the premises on which market waste containers are located, or persons authorized by such person, including such person s authorized hauler of market waste, shall tamper with or remove any material from a market waste container. SEC DEPOSITING NONCOMBUSTIBLE RUBBISH. (Amended by Ord. No. 181,201, Eff. 7/2/10.) (a) No person shall deposit or cause to be deposited any combustible or noncombustible rubbish or any refuse of any kind whatsoever upon or in any street, or upon any private premises in this City, or in the Los Angeles River, or in the bed thereof. Noncombustible rubbish may be deposited upon any low ground after the person proposing so to deposit upon same shall have obtained a written permit therefor from the Board and from the owner of the premises upon which it is proposed to deposit such noncombustible rubbish. Any permit granted pursuant to the provisions of this section may be revoked by the Board at any time without notice, and upon such revocation all rights thereunder shall immediately cease. (b) Any person whose identifying information is found in or who is otherwise responsible for the deposit of rubbish or any refuse of any kind whatsoever,

189 upon or in any street, shall be responsible for depositing it on the public right-of-way and shall be subject to administrative penalties as defined in Subsection (c). (c) The first violation of Subsection (b) in a calendar year is subject to warning or an administrative monetary penalty not to exceed $ Subsequent violations in the same calendar year will result in a second penalty not to exceed $ for the second violation after receiving the initial $ penalty. The penalty for the third administrative violation in a calendar year is $ More than three administrative fines in one calendar year shall result in the violation being charged as a misdemeanor in Superior Court and subject to all penalties applicable to criminal violations. The Bureau of Street Services is authorized to assess a processing fee established by the Board of Public Works for all citations with an administrative monetary penalty. All noncriminal enforcement actions are subject to the administrative hearing process as mandated in the California Government Code Section SEC CLEANING RUBBISH VEHICLES. No person shall convey any noncombustible rubbish in any vessel, receptacle, tank or wagon box in which there is any market refuse or garbage, or in which any market refuse or garbage shall have been placed at any prior time unless such vessel, receptacle, tank or wagon box shall have been thoroughly cleaned and all market refuse and garbage removed therefrom before any such rubbish is placed therein. SEC RULES AND REGULATIONS EFFECT OF NON-COMPLIANCE WITH. (Amended by Ord. No. 124,024, Eff. 3/14/63.) The collection of refuse or rubbish not prepared and placed for collection in accordance with the rules and regulations adopted by the Board may be rejected by the City. SEC REFUSE RUBBISH AND SALVAGE TAMPERING WITH. (Amended by Ord. No. 146,705, Eff. 12/9/74.) No person, other than the owner thereof, his agents or employees, or an officer or employee of this City or any person holding a contract with this City for the collection, or disposal of refuse or rubbish, or recycling of salvage, his agents or employees for such purpose, shall tamper with any refuse, rubbish or salvage, or refuse, rubbish or salvage container or the contents thereof, or shall remove any such container or remove salvage not containerized from any location where the same had been placed by the owner thereof or his agent, whether or not such container conforms to requirements or description set forth in the rules and regulations of the Board of Public Works. SEC EMPLOYEES USE OF RUBBISH. No employee of this City shall remove or dispose of, for said employee s individual use or benefit, any of the contents of any vessel, tank or receptacle used for the collection, removal or disposal of rubbish. (Amended by Ord. No. 108,011, Eff. 10/1/56.) SEC CONSTRUCTION OF ARTICLE. Nothing contained in Sections to 66.29, inclusive, shall be deemed to conflict with any section of this Code regulating the collection, removal or disposal of garbage or combustible rubbish, but any such sections of this Code and any law shall each be so construed as to give effect to every provision thereof and each shall be deemed to be independent of the other. SEC USED CONTAINER SALVAGE YARD. (Added by Ord. No. 127,508 Eff. 6/29/64.) (a) All areas of container salvage yards used for the purpose of cleaning used containers shall be paved with concrete or other similarly impervious, easily cleaned paving material. Areas where liquid cleaning processes are employed shall be sloped to drains. Drainage facilities shall be constructed and maintained in accordance with the Industrial Waste Permit regulations as set forth in this chapter. (b) Used containers in which there is food residue or other such material which may attract rodents or insects shall not be stored in any used container salvage yard for longer than twenty-four (24) hours unless such container has been thoroughly cleaned and drained so as to remove all such used containers and stored in a fully enclosed rodent and fly-proof structure or storage facility. (c) Used Container shall mean used tin cans, boxes, crates, barrels, drums, cartons, bottles or any other container which contains or may contain rodent or insect attracting material. (d) Used Container Salvage Yard shall mean any establishment, lot, yard, place or area where used containers are repaired, processed, cleaned, bought, sold or stored or otherwise salvaged for further use, including the sale of usable containers to a container salvage yard resulting from salvage operations conducted at refuse dumps. Provided, however, that salvage container yard shall not include any disposal business or premises where containers are permanently disposed of,

190 such as refuse dumps, or businesses or premises where containers are converted into scrap and not salvaged for use. PRIVATE SOLID WASTE HAULERS AND RECYCLERS SEC PURPOSE AND DEFINITIONS. (Amended by Ord. No. 181,519, Eff. 2/12/11, Oper. 1/1/11.) In order to meet the diversion goals of AB 939 and the City of Los Angeles which will total 70 percent (70%) by the year 2013, solid waste haulers, contractors and recyclers shall register with the City to obtain a permit. Among the various purposes of this program is the goal of maintaining an open and competitive market for all companies providing solid waste and disposal services in the City, and to mandate the recycling of construction and demolition waste. As used in this Section and in Sections through , the following terms shall have the meanings set forth below: 1. AB 939 shall mean the State of California's Integrated Waste Management Act of 1989, as may be amended from time to time, and as set forth in California Public Resources Code Sections 40050, et seq., and implementing regulations of the Department of Resources Recycling and Recovery (CalRecycle). 2. AB 939 Compliance Permit shall mean a permit issued pursuant to the provisions of Subsection (a) of Section Appellant shall mean a Person who files a written request for a hearing pursuant to the provisions of Subdivision (1) of Subsection (d) of Section Board shall mean the City of Los Angeles Board of Public Works. 5. Certified Construction and Demolition Waste Processing Facility shall mean a waste processing facility, possessing valid and current certification from the City of Los Angeles, that accepts loads of Construction and Demolition Waste for the purpose of recovering reusable and recyclable materials and disposing of non-recyclable residual materials. 6. City shall mean the City of Los Angeles. 7. Co-Mingled Recyclables shall mean material that has been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing the material for recycling or reuse in order to return the material to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Co-Mingled recyclables shall not consist of Construction and Demolition Waste. 8. Contractor shall mean any Person who enters into a contract for any construction or demolition project that requires a permit from the Department of Building and Safety. 9. Construction and Demolition Waste shall mean solid waste that results directly from construction, remodeling, repair, demolition, or deconstruction of buildings and other structures, does not contain hazardous waste (as defined in California Code of Regulations, Title 22, Section , et seq.), and contains no more than one percent (1%) putrescible wastes by volume, calculated on a monthly basis. Construction and Demolition Waste includes, but is not limited to, asphalt, concrete, Portland cement, brick, lumber, wallboard, roofing material, ceramic tile, pipe, glass, carpet or associated packing. 10. Gross Receipts shall mean those receipts defined as Gross Receipts in Los Angeles Municipal Code Section (a) generated by the collection of Solid Waste including, but not limited to, service, container rental, disposal and processing charges. For purposes of this Section and Sections through , Gross Receipts shall not be applicable to receipts generated by the collection and sale of Source-Separated Materials or Co- Mingled Recyclables. 11. Permittee shall mean a Person issued an AB 939 Compliance Permit pursuant to the provisions of Subsection (a) of Section Person shall mean natural person, business, contractor, joint venture, joint stock company, firm, partnership, association, club, company, corporation, business trust, or organization, or the manager, employer, agent, servant, officer, or employee of any of them. Person shall not mean the City of Los Angeles, or any of its constituent entities, departments, boards, employees or officers. 13. Self-Hauler shall mean a Person who is not primarily engaged in the business of collection, removal or transportation of Solid Waste but in the course of performing the Person's primary business function incidentally transports Solid Waste. Examples of Self-Haulers include, but are not limited to, gardeners, landscapes, and household cleanup service firms. If the incidental collection, removal or transportation of Solid Waste includes Construction and Demolition Waste, however, the Person is not a Self-Hauler but instead is a Solid Waste Hauler subject to all of the requirements applicable to Solid Waste Haulers.

191 14. Solid Waste shall mean waste that the Department of Resources Recycling and Recovery (CalRecycle) has deemed acceptable for disposal at a Class III Landfill, including Construction and Demolition Waste, and shall not include Source-Separated Material or Co-Mingled Recyclables. 15. Solid Waste Hauler shall mean any Person engaged in the business of providing or responsible for the collection, removal or transportation of Solid Waste, Construction and Demolition Waste, Source-Separated Materials, or Co-Mingled Recyclables generated within the City. 16. Source-Separated Material shall mean material that has been separated or kept separate from the solid waste stream at the point of generation and has not been commingled with other solid waste or recyclable materials. To qualify as Source-Separated Material, each type of material must be transferred in a separate container to a recycling center. Source-Separated Material includes, but is not limited to, Construction and Demolition Waste such as clean wood, clean concrete or metals. SEC SOLID WASTE HAULER PERMIT REQUIREMENTS. (Title and Section Amended by Ord. No. 181,519, Eff. 2/12/11, Oper. 1/1/11.) (a) Permit Required. (1) Persons who collect, remove or transport Solid Waste, including Construction and Demolition Waste, Source-Separated Materials or Co- Mingled Recyclables, generated within the City, must obtain, in addition to all other required permits, an AB 939 Compliance Permit from the Bureau of Sanitation. (2) Persons who arrange for the removal or transportation of Construction and Demolition Waste generated within the City, and who do not contract or otherwise arrange with a Permittee to remove or transport such Waste, must obtain an AB 939 Compliance Permit from the Bureau of Sanitation. (3) Exceptions to Permit Requirement. Subdivision (1) of this Subsection does not apply to Self-Haulers who in the course of performing their primary business function incidentally collect, remove or transport Solid Waste (excluding Construction and Demolition Waste), Source-Separated Materials or Co-Mingled Recyclables, generated within the City, and the total amount of all such Wastes, Materials and Recyclables collected, removed or transported is less than one thousand (1,000) tons per year. (4) Exceptions to Permit Requirement. Subdivision (1) of this Subsection does not apply to residence owners who generate Construction and Demolition Waste during the course of personally performing construction and demolition projects at their own residences and transport such Waste in their own vehicles. (b) Construction and Demolition Waste Transportation Requirements. (1) Every Person required to obtain an AB 939 Compliance Permit who collects, removes or transports Construction and Demolition Waste within the City must transport the Waste for disposition as follows: (i) delivery of the Construction and Demolition Waste to a Certified Construction and Demolition Waste Processing Facility; or (ii) delivery of the Construction and Demolition Waste to a facility other than a Certified Construction and Demolition Waste Processing Facility if at least two Certified Construction and Demolition Waste Processing Facilities refuse to accept the Waste and provide the Person with a rejection slip. Rejection slips must be maintained for a minimum of three years from the date the Person received the rejection slips. (2) Subdivision (1) of this Subsection shall not apply to the collection, removal, or transportation of Source-Separated Material generated from a project within the City and delivered to a recycling facility, or segregated for on-site recycling. (3) Subdivision (1) of this Subsection shall not apply to residence owners who generate Construction and Demolition Waste during the course of performing construction and demolition projects at their own residences and transport such Waste in their own vehicles. (c) Reporting and Documentation Requirements. (1) Every Person required to obtain an AB 939 Compliance Permit shall submit reports as required by the Bureau of Sanitation, on forms provided by the Bureau, documenting all disposal and diversion amounts of materials generated within the City and other information that the Bureau may require. (2) Documentation. Every Person required to obtain an AB 939 Compliance Permit must maintain documentation of all disposal and diversion amounts of materials generated within the City and other documents that the Bureau may require. Such documentation includes, but is not limited to, invoices, weight tickets, rejection slips (where issued), weight tickets from a destination other than a Certified Construction and Demolition Waste Processing Facility (where issued), and documents identifying construction and demolition project location, quantity of Construction and Demolition Waste, quantity of Solid Waste, quantity of Source-Separated Material and Co-Mingled Recyclables, and destination of each load of material. The documentation required to be maintained by this Subdivision must be kept for at least three years from the date of document creation. (d) Bins. Bins owned by Solid Waste Haulers that are used to collect, remove or transport Solid Waste, Construction and Demolition Waste, Co-Mingled Recyclables or Source-Separated Material generated within the City must be clearly marked with the Solid Waste Hauler's name and phone number.

192 SEC AB 939 COMPLIANCE FEES. (Title and Section Amended by Ord. No. 181,519, Eff. 2/12/11, Oper. 1/1/11.) (a) Solid Waste Haulers required to obtain an AB 939 Compliance Permit must pay a fee equal to ten percent (10%) of their annual Gross Receipts. Funds from such fees shall be deposited into the Citywide Recycling Trust Fund established at Section of the Los Angeles Administrative Code. (b) Fees imposed pursuant to the provisions of Subsection (a) of this Section are payable quarterly, and payment is due on or before the thirtieth (30th) day following the end of the calendar quarter in which Gross Receipts are generated. Fees not paid on or before the thirtieth day following the end of the calendar quarter shall be deemed delinquent, and an additional charge equal to two and one-half percent (2.5%) of the fee owed shall be added to the fee, and the additional charge shall become part of the fee owed. An additional two and one-half percent (2.5%) shall be added to such fees for each subsequent calendar quarter that payment of the fee owed is not received by the City, not to exceed a total often percent (10%). (c) Subsection (a) of this Section shall not apply to Solid Waste Haulers who have obtained an AB 939 Compliance Permit and whose annual tonnage is below one thousand (1,000) tons per year. (d) Gross Receipts generated from collection or sale of Source-Separated Materials or Co-Mingled Recyclables shall not be subject to the AB 939 Compliance Fee. (e) Fees imposed pursuant to the provisions of Subsection (a) of this Section shall be owed in addition to any taxes owed pursuant to the provisions of Los Angeles Municipal Code Section 21.00, et seq., and in addition to any other taxes, fees or charges owed for the same period. (f) The Board of Public Works shall allocate a portion of the fees collected pursuant to the provisions of Subsection (a) of this Section for use as incentives to increase recycling activities. The percentage may be adjusted annually, shall be subject to Council approval, and shall be based on the amount of diversion reported by Solid Waste Haulers. SEC VIOLATIONS, PENALTIES, AND PERMIT SUSPENSION AND REVOCATION. (Title and Section Amended by Ord. No. 181,519, Eff. 2/12/11, Oper. 1/1/11.) (a) Violations for Collecting, Removing or Transporting Solid Waste without a Valid AB 939 Compliance Permit. Any Person who willfully violates any requirement of Subsection (a) of Section shall be guilty of a misdemeanor. The penalty upon conviction shall not be more than a fine of $1,000 or imprisonment in the county jail, not exceeding six months, or both fine and imprisonment. Violations are deemed to be continuing violations, and each day that a violation continues is deemed to be a new and separate offense. (b) Administrative Penalties for Unlawful Disposition of Construction and Demolition Waste. Any Person who fails to deliver Construction and Demolition Waste to a Certified Construction and Demolition Waste Processing Facility as required in Subsection (b) of Section shall pay the following Administrative Penalties: $1,000 for the first violation; $2,000 for the second violation that occurs within six months of a first violation; $5,000 for a third violation that occurs within six months of a second violation; and $5,000 for each violation that occurs after imposition of a $5,000 penalty. The Bureau of Sanitation shall provide written notice of penalties assessed pursuant to the provisions of this Subsection by issuance of a Notice of Penalty Assessment. Delivery of each and every load of Construction and Demolition Waste in violation of the provisions of Subsection (b) of Section shall constitute a separate violation of the Subsection. (c) Permit Suspension and Revocation. The City reserves the right to suspend or revoke an AB 939 Compliance Permit upon 30 days notice by issuance of a Notice of Suspension or Notice of Revocation, if the Permittee fails to comply with any of the terms and conditions specified in the Permit or in this Code, including but not limited to waste transportation requirements imposed pursuant to the provisions of Subsection (b) of Section , reporting and documentation requirements imposed pursuant to the provisions of Subsection (c) of Section , and payment of fees imposed pursuant to the provisions of Section Violations of other Los Angeles Municipal Code sections or other laws may constitute just cause for suspension or revocation of an AB 939 Compliance Permit. (d) Appeals of Notice of Penalty Assessment, Notice of Suspension and Notice of Revocation. (1) Right to Appeal. Where a Person is issued a Notice of Penalty Assessment, Notice of Suspension or Notice of Revocation pursuant to the provisions of Subsections (b) or (c) of this Section, and the Person believes that the Notice was issued in error or that the penalty assessed was excessive or in error, the Person may appeal by filing, within thirty (30) days of when the Bureau of Sanitation mailed the Notice of Penalty Assessment, Notice of Suspension or Notice of Revocation, a written request for a hearing before the Board. If the Board does not receive the written request for a hearing within thirty (30) days of when the Bureau of Sanitation mailed the Notice of Penalty Assessment, Notice of Suspension or Notice of Revocation, the penalty assessment, suspension, or revocation, whichever is applicable, shall be deemed final and no further administrative relief can be obtained. (2) If an Appellant timely files a written request for a hearing pursuant to the provisions of Subdivision (1) of this Subsection, the penalty assessment, suspension or revocation that is the subject of the request shall be stayed pending a hearing before the Board. (3) After receipt of a written request for a hearing filed pursuant to and in compliance with the provisions of Subdivision (1) of this Subsection, the Board will set the matter on one of its regular agendas as soon thereafter the Board deems practical. At the Board hearing, the Board shall hear the testimony of the Appellant, Bureau of Sanitation staff, and other testimony it deems relevant. Appellant shall have the burden of proof, and shall present

193 substantial evidence on the Appellant's behalf. Upon conclusion of the hearing, the Board shall issue a verbal or written decision. The Board may affirm the Notice of Suspension or Notice of Revocation or rescind it, and may affirm the penalty assessment, decrease it, or cancel it. If the Board affirms a Notice of Suspension or Notice of Revocation, the suspension or revocation shall be effective on the date of the Board's decision, unless the Board decides otherwise, if the Board affirms a penalty assessment, the amount affirmed shall be owed thirty (30) days after issuance of the Board's decision, unless the Board decides otherwise. Once the Board issues a decision, the matter is final and no further administrative relief is provided by the City. (e) Authority to Take Possession of Permit. The Director of the Bureau of Sanitation, or an authorized representative, may take possession of any AB 939 Compliance Permit, or other document issued pursuant to the provisions of Section through , which is expired or is suspended, revoked, or otherwise invalid. Any decal approved by the Board that is not attached to the vehicle for which it was issued may be seized by the Director of the Bureau of Sanitation or an authorized representative. SEC COMPLIANCE PERMIT TERMS AND CONDITIONS. (Title and Section Amended by Ord. No. 181,519, Eff. 2/12/11, Oper. 1/1/11.) (a) The City shall not limit the number of AB 939 Compliance Permits issued. (b) All AB 939 Compliance Permits shall be subject to the terms and conditions specified in the Permit, and to all other applicable federal, state and local laws and regulations, including the Los Angeles Municipal Code. (c) (d) (e) The City has the right to revise or add to the requirements of the AB 939 Compliance Permit to the extent permitted by law. The City may revoke or suspend any AB 939 Compliance Permit as provided in the terms of the Permit, by this Code, or as otherwise allowed by law. Inspection and Site Visits. (1) The Director of the Bureau of Sanitation, or the Director's designee, shall have the right at any time during normal business hours to inspect the records of any Permittee for the purpose of determining compliance with AB 939 and other reporting requirements, to determine proper calculation and payment of fees, and to verify the lawful disposition of Construction and Demolition Waste. The City will provide Permittee reasonable notice of its intention to inspect the Permittee's records. (2) The Director of the Bureau of Sanitation, or the Director's designee, shall have the right at any time to conduct site visits to determine compliance with Section through , including, but not limited to, inspections of construction or demolition sites within the City to verify diversion requirements of Subsection (b) of Section (f) The Bureau of Sanitation shall have the authority to administer all provisions of Sections through , and to enforce the provisions by any and all lawful means. SEC INDEMNIFICATION. (Title and Section Amended by Ord. No. 181,519, Eff. 2/12/11, Oper. 1/1/11.) All AB 939 Compliance Permits shall include a provision that the Permittee undertakes and agrees to defend, indemnify, and hold harmless the City, and ail of the City's Boards, Officers, Agents, Employees, Assigns and Successors in Interest, from and against any all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees and costs of litigation, damages or liability of any nature whatsoever, for death or injury to any person, including Permittee's employees and agents, or damage to or destruction of any property of either the City or Permittee or of third parties, arising in any manner by reason of the Permittee's negligence, willful misconduct, or errors and omissions incident to or arising from the issuance of the AB 939 Compliance Permit or the operations taken pursuant to issuance of the Permit. SEC VIOLATIONS AND REVOCATION OF PERMIT. (Repealed by Ord. No. 181,519, Eff. 2/12/11, Oper. 1/1/11.) SEC CONFIDENTIAL CHARACTER OF INFORMATION OBTAINED DISCLOSURE UNLAWFUL. (Repealed by Ord. No. 181,519, Eff. 2/12/11, Oper. 1/1/11.) SEC INDEMNIFICATION. (Repealed by Ord. No. 181,519, Eff. 2/12/11, Oper. 1/1/11.)

194 ARTICLE 6.1 SOLID WASTE COLLECTION, TRANSFER, RECYCLING, RECOVERY OF WASTE RESOURCES AND DISPOSAL FEE (Art. 6.1 Added by Ord. No. 157,819, Eff. 7/21/83; Title Amended by Ord. No. 177,478, Eff. 6/4/06.) Section Definition Charge Imposed Customers Liable Billing, Collection and Payment of Charges Additional Powers and Duties Actions to Collect Uncollectible Accounts Refunds and Credits Extra Capacity Refuse Collection Fee. SEC DEFINITION. The following words and phrases whenever used in this article shall be construed as defined in this section, unless otherwise defined: (a) (b) (c) Dwelling. Dwelling Unit shall mean one or more rooms which has a kitchen and is designed for residential occupancy. Single Family Dwelling shall mean a building designed for residential occupancy, and containing one or two dwelling units. Multiple Dwelling shall mean any building, structure, unit or location designed for residential occupancy, exclusive of Single Family (d) Household Refuse shall mean any combination of rubbish and garbage, as those terms are defined in Article 6 of this chapter, generated at a single family dwelling or a multiple dwelling. (e) Customer shall mean any individual, firm, partnership, joint venture, association, fraternal organization, corporation, estate trust, business trust, receiver, trustee, executor, administrator, syndicate, the United States, any state, any county, city and county, municipality, district or other political subdivision of any state or of the United States, or any other group or combination acting as a unit. SEC CHARGE IMPOSED. (a) For all costs related to the collection, transfer, recycling, recovery of waste resources and/or disposal of solid waste collected by the City of Los Angeles including, but not limited to: salaries, direct and indirect overhead, equipment, ancillary equipment, refuse and recycling containers and vehicles, landfill costs, whether for disposal or for resource recovery facilities or refuse to energy and fuel facilities or closure of City owned facilities, development, acquisition, construction, operation and maintenance of equipment, alternative fuel infrastructure, buildings or facilities used in the collection, recycling, recovery of waste resources and/or disposal of solid waste or storage of solid waste related equipment, transfer facilities, resource recovery facilities or transfer equipment, maintenance of transfer facilities or equipment, or for facilities and equipment used in the recovery of waste resources in the form of energy, alternative fuels or manufacturing feedstocks, there is hereby imposed for all related costs of the services provided in the collection, the availability of collection, transfer, recycling, the availability of recycling, the recovery of waste resources, disposal and the availability of disposal of solid waste the following charges for the dwelling classifications listed: (Amended by Ord. No. 177,478, Eff. 6/4/06.) (1) Single-Family Dwelling. $26.00 per month, or any fraction of a month for each single dwelling unit, effective through August 31, 2008; $36.32 per month, effective September 1, 2008, until further amended by the City Council. (Amended by Ord. No. 180,116, Eff. 9/8/08.) (2) Multiple-Family Dwelling. $17.16 per month, or any fraction of a month for each dwelling unit within a multiple-family dwelling from which refuse is collected by the City, effective through August 31, 2008; $24.33 per month, effective September 1, 2008, until further amended by the City Council. No charge shall be imposed on any multiple-family dwelling where the City does not collect refuse. (Amended by Ord. No. 180,116, Eff. 9/8/08.) (b) Reductions and Exemptions. (Amended by Ord. No. 181,410, Eff. 12/29/10.) (1) An exemption from the charge imposed pursuant to Subsection (a) of this Section shall be provided for single family dwellings as to which City collection service cannot be provided because of physical limitations restricting access by City collection vehicles.

195 (2) The charge imposed pursuant to Subsection (a) of this Section shall be reduced by sixty-five (65) percent as of the effective date of this ordinance, and the charge shall be reduced by thirty (30) percent as of July 1, 2011, for any senior citizen or disabled customer who applies for a reduction and would qualify for a tax exemption pursuant to the provisions of Section of this Code. A customer who applies for and receives the reduction shall be entitled to the reduction so long as the customer would qualify for a tax exemption pursuant to the provisions of Section of this Code. The Office of Finance, with the assistance of the Bureau of Sanitation, shall every two years verify the continued eligibility of each customer granted a reduction pursuant to the provisions of this Subdivision, and if the Office of Finance determines that a customer is no longer eligible, or has failed to provide evidence of eligibility as requested by the Office of Finance, then the customer shall be charged the full amount of the charge imposed pursuant to Subsection (a) of this Section on the first bill sent to the customer following the Office of Finance determination. Customers who are charged the full amount of the charge imposed pursuant to Subsection (a) of this Section because of an Office of Finance determination that they are no longer eligible, or that they failed to provide evidence of eligibility, may submit a new application for a reduction pursuant to the provisions of Subdivision (4) of this Subsection. (3) No more than 51,400 customers may receive a reduction pursuant to the provisions of Subdivision (2) of this Subsection at any one time. (Amended by Ord. No. 182,230, Eff. 9/30/12.) (4) Applications for a reduction authorized pursuant to the provisions of Subdivision (2) of this Subsection shall be made upon forms supplied by the Office of Finance, who, with the assistance of the Bureau of Sanitation, shall review all applications and notify applicants in writing if it is determined that the applicants are not entitled to a reduction. The Office of Finance and the Bureau of Sanitation shall review the reduction percentage amount every five years and report to the City Council with recommendations as to the appropriate percentage. (c) (Added by Ord. No. 179,070, Eff. 9/16/07.) For all costs related to the collection, transfer, recycling, and/or disposal of bulky items collected from multi-family apartment dwellings by the City of Los Angeles including, but not limited to, salaries, direct and indirect overhead, equipment and debt, there is hereby imposed a Multi-Family Bulky Item Fee (BIF) for the dwelling classifications listed: (1) Owners of Separately Metered Apartment Buildings. $0.64 per month or any fraction of a month for each apartment unit, effective October 1, (2) Owners of Master-Metered Apartment Buildings. $1.11 per month or any fraction of a month for each apartment unit, effective October 1, (3) Apartment Tenants (Residents). $0.64 per month or any fraction of a month for each apartment tenant, effective October 1, (4) Low Income Discount, Apartment Tenants (Residents). $0.44 per month or any fraction of a month for certain Low Income Apartment Tenants. Apartment Tenants (Residents) qualifying for DWP Low Income Discounts will be charged the discounted rate, effective October 1, (d) Exemption. An exemption from the BIF imposed pursuant to the provisions of Subsection (c) of this Section shall be provided for any senior citizen or disabled customer who would qualify for a tax exemption pursuant to the provisions of Section of this Code. Applications for an exemption shall be made upon forms supplied by the Office of Finance, who, with the assistance of the Bureau of Sanitation, shall review all applications and notify applicants in writing of their entitlement to an exemption. (Amended by Ord. No. 181,410, Eff. 12/29/10.) (e) (Added by Ord. No. 179,070, Eff. 9/16/07.) Certain Apartment Complexes may qualify for full or partial exemptions to the fee. The Department of Public Works may grant exemptions or discounts under the following conditions: (1) There are at least four staff members on site dedicated to trash disposal. (2) The complex is a self-contained community, located on private streets, with no direct access by tenants to public property. (3) There is private collection of bulky items at least twice per week. (4) There is tenant outreach informing residents of the proper way to dispose of bulky items. (5) There are no recorded bulky item service requests made in or around the complex, adjacent alleys, sidewalks or streets. (6) Extraordinary circumstances resulting in a substantial number of vacancies for an extended period of time. (f) (Added by Ord. No. 179,070, Eff. 9/16/07.) The following multi-family apartment complexes are exempt from payment of the Multi-Family BIF: (1) Park La Brea (4,253 units). (2) Oakwood Toluca Hills (1,151 units). SEC CUSTOMERS LIABLE.

196 The sanitation equipment charge imposed by this article shall be a joint and several charge against the occupants and the owner of each dwelling unit subject to the charge. SEC BILLING, COLLECTION AND PAYMENT OF CHARGES. (Amended by Ord. No. 173,293, Eff. 6/30/00, Oper. 7/1/00.) (a) The collection of the charges imposed under this article shall be under the direction, supervision, and control of the Director of Finance. (b) The Director of Finance shall arrange for the billing and collection of, and accounting for, the charges imposed under this article through and by available facilities of the Department of Water and Power insofar as possible. The Director of the Office of Administrative and Research Services shall arrange for the payment to the Department of Water and Power of its costs of such services. To the extent the billing and collection by the Department of Water and Power is not deemed possible or practical by the Director of Finance, separate billing and collection services at reasonable intervals shall be provided by the Director of Finance. (c) The charges imposed under this article shall be billed to and paid by the customer in whose name the electric meter serving each dwelling unit is listed upon the records of the Department of Water and Power, or, in the absence of such listing, as may be determined by the Director of Finance with the assistance of the Department of Public Works. (d) The duty to collect the charges imposed under this article from each customer billed by the Department of Water and Power shall commence with the first billing submitted by said Department to each customer on or after the operative date of this article or as soon thereafter as administratively possible. (e) The charges imposed under this article shall be billed by the Department of Water and Power in accordance with its regular billing practices, shall be added to and included on each applicable electric bill, as the case may be, and shall be due and payable to the City of Los Angeles through the Department of Water and Power at the time and in the manner of payment of said electric bill, and other charges made thereon. (f) Where the Department of Water and Power does not supply electricity to a individual dwelling unit to which the City furnishes household refuse collection services, the customer liable for payment of the charges, as provided for in this article, shall be billed separately by the Director of Finance with the assistance of the Department of Public Works. (g) All bills for the charges imposed under this article are due and payable upon presentation. Bills not paid within sixty (60) days after the date of presentation shall be deemed delinquent. (h) Whenever the Director of Finance determines that a customer billed has deliberately withheld, failed or refused to pay all or any part or portion of the charges imposed under this article billed to said customer, or has failed to pay charges, or whenever the Director of Finance deems it to be in the best interest of the City, the Director of Finance shall serve notice on the customer billed of his or her delinquency. Whenever the Director of Finance determines that a customer billed as provided for in this article has deliberately withheld, failed or refused to pay all or any part or portion of the charges imposed under this article billed to said customer by the Department of Water and Power, or has failed to pay said charges, or whenever the Director of Finance deems it to be in the best interest of the City, the Director of Finance may relieve the Department of Water and Power of any obligation it may have to bill or collect, or both, said charges from said customer billed, and assume the billing or collection, or both, thereof for the periods involved. If the Director of Finance, for whatever reason, assumes from the Department of Water and Power the direct billing or collection, or both, of the charges imposed under this article the Director of Finance may at said time so notify the customer billed and notify the customer of his or her delinquency, if such be the case. The notice in either event shall be served on the customer billed by handing it to him or her personally, or by deposit in the United States mail, postage prepaid thereon, addressed to the customer billed at the address to which billing was made by the Department of Water and Power, or, if said address has been changed or the customer was not billed by the Department of Water and Power, then to his or her last known address. If the customer billed is delinquent and fails to pay the Director of Finance within fifteen (15) days from the date of service of the notice upon him or her which shall be the date of mailing if service is not accomplished by personal delivery, a penalty of twenty-five percent (25%) of the amount of the delinquent charges imposed under this article, but not less than $5.00, shall thereupon be imposed. The penalty shall be required to be paid in addition to all billings for the sanitation equipment charge. (i) Whenever a payment mailed to the City is received after the time prescribed in this article for the receipt thereof, the Director of Finance or the Department of Water and Power, as the case may be, may accept proof that there had been a timely deposit thereof in the United States mail and that the no delinquency or penalty is applicable thereto. SEC ADDITIONAL POWERS AND DUTIES. (Amended by Ord. No. 173,293, Eff. 6/30/00, Oper. 7/1/00.) (a) The Director of Finance shall have the power and duty, and is hereby directed, to enforce all of the provisions of this article, and may make such rules and regulations as are consistent with the provisions of this article as may be necessary or desirable to aid in the administration and enforcement of the provisions of this article.

197 (b) For the purpose of determining the number of dwelling units contained in any building the Bureau of Sanitation may estimate the number of dwelling units contained in said building, after full consideration of all information within his or her knowledge. (c) The Director of Finance, on behalf of and in the name of the City of Los Angeles, may enter into a written agreement, in a form approved by the City Attorney, with any customer indebted to the City pursuant to the terms of this article, obligating said customer to pay such indebtedness to the Director of Finance in monthly or more frequent installments, but in no event over a period greater than one year. In any such agreement such customer shall acknowledge the obligation owed to the City and his or her indebtedness thereon, shall agree that in the event of his or her failure to make timely payment of any installment thereof that the whole amount unpaid may be determined by the Director of Finance to be immediately due and payable, and shall agree to pay all costs and reasonable attorney fees incurred by or on behalf of the City in the collection thereof or for any legal proceeding commenced for that purpose. (d) Whenever the amount of charges and penalty imposed under this article, or either of them, is determined by the Department of Water and Power or by the Director of Finance to have been overpaid, paid more than once, or to have been erroneously collected or received by the City in whole or in part, the Department of Water and Power or the Director of Finance, as the case may be, may provide for correction thereof either by refund or by credit on future bills in its or his or her discretion. Any claim for such a refund or credit shall be filed with the Director of Finance by the person paying the alleged overpayment within six months of such payment. (e) Where there is a dispute with respect to the charges or penalty imposed under this article, or both, the Director of Finance, with the written approval of the City Attorney and subject to the provisions of the Charter of the City of Los Angeles, may compromise the City s claim for said charges or penalty, or both, where the portion of the claim proposed to be released is less than $5,000.00; and, with the approval of the City Attorney and the City Council, may compromise such a claim where the portion proposed to be released is $5, or more. SEC ACTIONS TO COLLECT. The charges imposed under this article, and any penalty thereon, shall be a civil debt owing to the City of Los Angeles from the occupants or owner, or both, of each dwelling unit receiving City household refuse collection services, or from any other customer billed as provided in this article. Any customer owing money to the City under the provisions of this article shall be liable in an action brought in the name of the City of Los Angeles in any court of competent jurisdiction for the recovery of such amount, including any penalty imposed under this article. SEC UNCOLLECTIBLE ACCOUNTS. (Amended by Ord. No. 173,293, Eff. 6/30/00, Oper. 7/1/00.) If the Director of Finance finds that he or she cannot collect the charges and penalty imposed under this article, or either of them, or that efforts to collect any such amount would be disproportionately costly with relation to the probable outcome of the collection efforts, the Director of Finance may prepare a report setting forth his or her finding and the reasons therefor, and submit it to a Board of Review which shall be composed of the City Controller, the Director of Finance and the City Attorney, or the duly appointed representative of each. The Board of Review may call for additional evidence which it may deem relevant. Upon unanimous approval of a finding by the Board of Review, the Director of Finance may remove from his or her active accounts receivable said unpaid charges and penalty, or either of them. If the Board of Review does not unanimously recommend approval of the finding, the matter shall be returned to the Director of Finance. The Director of Finance may include in a single report his or her findings and supporting reasons regarding the charges and penalty imposed under this article, or either of them, due from more than one customer. The removal from the active accounts receivable of the Director of Finance of any unpaid charges and penalty imposed under this article, or either of them, shall not preclude the City from collecting or attempting to collect any such charges and penalty, or either of them. SEC REFUNDS AND CREDITS. In the event a customer does not own or occupy a dwelling unit for any month for which he or she has paid the charge he or she shall submit evidence to the Department of Public Works in support of a refund and if the Department is satisfied such a refund is warranted it shall so provide it. Any request for such a refund, however, must be within six months of the payment by the customer for which the refund is sought and must be submitted to the Director of Finance (Amended by Ord. No. 173,293, Eff. 6/30/00, Oper. 7/1/00.). SEC EXTRA CAPACITY REFUSE COLLECTION FEE. (Added by Ord. No. 170,868, Eff. 2/19/96.) A. DECLARATION OF POLICY. It is hereby declared that in order for the City of Los Angeles to be prepared to respond to the needs of its citizens for adequate solid waste disposal alternatives in the future, it is necessary to recognize that there is currently limited landfill capacity for solid waste disposal within the greater Los Angeles area, that new landfills are difficult to site and permit, and that the State has imposed recycling and waste reduction requirements in order to reduce the total amount of solid waste going to landfill by 25% and 50% by 1995 and 2000, respectively. Therefore, the City must establish a clear policy to provide an incentive for residents to reduce and to recycle the quantity of solid waste they generate. To accomplish this end, the City has developed a standard allowance for collection and management of refuse, yard trimmings, and horse manure which the City deems adequate to meet the requirements of the average dwelling unit as defined in Section The City hereby declares that the standard allowance for a parcel with one dwelling unit shall be one 60-gallon black container for refuse and one 90-gallon green container for yard trimmings. The standard allowance for a parcel with more than one dwelling unit is one 60-gallon black container per dwelling unit and one 90-gallon green container for yard trimmings for the parcel. Additional capacity above and beyond this standard

198 allowance may be made available for various fees as described in this Code. (Amended by Ord. No. 174,699, Eff. 8/22/02.) B. CONTINUOUS EXTRA CAPACITY. 1. A $5.00 per month fee will be charged for each 30-gallon increment of extra refuse capacity made available to a dwelling unit by replacing the standard allowance 60-gallon black container with a single larger, 90-gallon black container or issuing additional 30, 60 or 90-gallon black containers. Residents who qualify for the lifeline requirements as set forth in LAMC Section shall receive the first 30 gallons of extra refuse capacity at no charge and additional capacity beyond the first 30 gallons at 50 % of the extra refuse capacity fee. High Density Households who qualify under the Department of Water and Power (DWP) water rate program shall receive the first 30 gallons of extra capacity without charge if their household has 7 to 10 residents and shall receive the first 60 gallons of extra capacity without charge if their household has over 11 residents. Additional increments beyond those increments shall be charge at the regular fee. 2. A $5.00 per month fee will be charged for each 30-gallon increment of horse manure capacity requested by a resident for a dwelling unit. The City will issue specially marked 30, 60 or 90 gallon green containers for the limited purpose of horse manure pickup. 3. A $2.50 per month fee will be charged for each 30-gallon increment of extra yard trimmings capacity made available to a dwelling unit by replacing the standard allowance 60-gallon green container with a larger, 90-gallon green container or issuing additional 30, 60, or 90-gallon green containers. However, if a single-family dwelling unit is built on two or more residential lots, the dwelling unit shall be entitled to one additional 60-gallon green container at no extra charge from the City. In the event that a second dwelling unit is built on the site, each dwelling unit shall only be entitled to one 60-gallon green container at no charge and any additional capacity requested by either dwelling unit will be charged as set forth above. Yard trimmings shall be defined as wood waste, brush, grass clippings, plant and tree trimmings, leaves, Christmas trees and other organic material all of which must be free from inorganic material and food waste. 4. The fees described in Subdivisions 1, 2 and 3 of this section will be billed through the DWP bill on the line item generally titled Sanitation Equipment Charge where it will be added to the existing charges found thereon and deposited to the Sanitation Equipment Charge Special Revenue Fund. Larger, or extra containers, will be delivered to a dwelling unit at a resident s request, and will be recorded through the container serial number to the name of the person appearing on the DWP bill, or their designated agent, for each respective dwelling unit. The fee imposed by this article shall be a joint and several charge against the occupants and the owner of each dwelling unit subject to the charge. Residents may use this extra capacity once per week on their regular collection day. Failure to use all of the requested extra capacity will not relieve the resident from paying the monthly extra capacity fee. The fees will be collected as described in LAMC Sections 66.43, 66.44, 66.45, and C. INTERMITTENT EXTRA CAPACITY. Residents of all dwelling units shall have the ability to purchase the right to have additional refuse, horse manure or yard trimmings collected by the City on a collection day to collection day basis. The resident requiring this additional intermittent capacity shall purchase from the City, at a cost of $2.00 per 30 gallons of additional capacity, a special tag to be placed on the additional materials for collection. The tags must be purchased in advance, in person at various locations throughout the City, or through the mail, and can be utilized only on the regular collection day. Each tag may be used only one time. (Amended by Ord. No. 178,875, Eff. 7/23/07.) D. IMPLEMENTATION. 1. The Board shall have the power and duty, and is hereby directed to enforce all of the provisions of this article, except as otherwise set forth herein, and shall provide such rules and regulations as are consistent with the provisions of this article and as may be necessary or desirable to aid in the administration, including adjustments and enforcement of the extra capacity charge. 2. The Board or any of its authorized representative may make such inspections or investigations as said Board deems necessary at any reasonable time on any premises or lot for the purpose of determining the number, size, and type of automated collection containers. E. EFFECTIVE DATE. The fees described in Subsections B and C will become effective starting 30 days after DWP notifies the Office of Finance (Amended by Ord. No. 173,587, Eff. 12/7/00.) that its billing system has been modified to include the Extra Capacity Fees. F. FEE ADJUSTMENTS. The fees described herein shall be reviewed on a yearly basis to determine if any adjustments need to be made to cover changes in operating cost. ARTICLE 7 OUTDOOR ADVERTISING STRUCTURES, ACCESSORY SIGNS, POST SIGNS AND ADVERTISING STATUARY Section

199 67.00 Commemorative Signs Definitions Construction of Signs on Streets or Other Public Property Street Clocks Bulletin Boards. SEC COMMEMORATIVE SIGNS. Nothing contained in this article shall prevent the erection of signs or structures over streets containing words or figures commemorating a historical, cultural, or artistic event or location in accordance with Section hereof. Such signs or structures shall be erected, constructed and maintained in a safe and secure manner approved by the Board. All such signs or structures shall be constructed to withstand from any direction a wind pressure of 30 pounds per square foot of exposed surface. (Added by Ord. No. 135,775, Eff. 1/13/68.) SEC DEFINITIONS. (Added by Ord. No. 78,537, Eff. 11/8/37.) For the purpose of this article certain terms used herein are defined as follows: (a) The term outdoor advertising structure as used in this article is hereby defined to be any structure or device erected upon the surface of the ground for outdoor advertising purposes, or to attract the attention of the public and visible from any public street, alley or other public place, as distinguished from any sign attached to or placed on a building, upon which any poster, bill, printing, painting, device or other advertisement of any kind whatsoever may be placed, posted, painted, fastened or affixed, or used in connection with, including so-called electric and/or cutout signs; provided, however, that the same shall not be deemed to include any board, sign or surface used exclusively to display official notices issued by any court or public officer in performance of a public duty or a private person in giving a legal notice; nor shall the same include any sign not exceeding twenty (20) square feet in area used exclusively to advertise the sale or lease of the property on which the sign is placed or to designate the name of the owner or occupant of the premises or to identify the premises such as physicians, or surgeons name signs, apartment house signs, post sign or accessory sign. (b) The term accessory sign as used in this article is hereby defined to be any advertising sign or sign device erected or placed upon the surface of the ground, which has no mechanical or moving parts or with which no electricity or other sources of illumination or power are attached to or made a part thereof, and which carries any advertisement strictly incidental and subordinate to a lawful use of the premises on which it is located, including signs or sign devices indicating the business transacted or services rendered or goods sold or produced on the premises or an occupant thereof. Provided, however, that said accessory sign shall not have a surface area greater than twenty (20) square feet on any one side thereof and not more than two sides of said accessory sign shall be used for advertising purposes. The top of said accessory sign shall not exceed six (6) feet six (6) inches above the surface of the ground upon which it is erected or placed. Said accessory sign shall not be erected, constructed or placed within a distance of less than fifteen (15) feet of any other accessory sign. (c) The term post sign as used in this article is hereby defined to be any sign erected or affixed in a rigid manner to any pole or post, and which carries any advertisement strictly incidental and subordinate to a lawful use of the premises on which it is located, including signs or sign devices indicating the business transacted, services rendered or goods sold or produced on the premises or an occupant thereof. (Amended by Ord. No. 145,635, Eff. 4/8/74.) Provided, however, that said post sign shall not have a surface area greater than two hundred (200) square feet on any one side thereof and not more than four hundred (400) square feet on or in the aggregate of all sides of said post sign. The bottom of said post sign or surface area thereof shall not be less than ten (10) feet above the sidewalk or above the surface of the ground upon which it is erected. The post supporting said post sign shall have no horizontal dimension greater than twenty-four (24) inches. Said post sign shall not be, erected, constructed or placed within a distance of less than fifteen (15) feet of any other post sign. (Amended by Ord. No. 145,635, Eff. 4/8/74.) (d) The term accessory sign or post sign as herein defined shall not be deemed to include any sign advertising the trade name, merchandise or service of any person, firm or corporation who pays a consideration for the privilege of placing, maintaining or using any portion of said sign to the owner or occupant of the premises upon which said sign is erected or placed. (e) The term advertising statuary as used in this article is hereby defined to mean any imitation, representation or similitude of any person or thing which is sculptured, moulded, modeled or cast in any solid or plastic substance, material or fabric, or any balloon or other inflatable device, which, for advertising purposes, is erected upon or attached to the surface of the ground or any vehicle which is parked upon a public street, alley or highway, or upon private property. (Amended by Ord. No. 114,749, Eff. 11/28/59.) (f) The term street as used in this article is hereby defined to include all public thoroughfares, excepting alleys. SEC CONSTRUCTION OF SIGNS ON STREETS OR OTHER PUBLIC PROPERTY. (Added by Ord. No. 78,537, Eff. 11/8/37.) (a) No person shall erect, construct, or maintain or cause or permit to be erected or constructed or maintained any outdoor advertising structure, accessory sign, post sign or advertising statuary or any other sign or sign device upon any sidewalk, street, alley or other public place or to paint, paste, print, nail, tack or

200 otherwise fasten any card, banner, handbill, sign, poster or advertisement or notice of any kind, or cause the same to be done on any curbstone, lamppost, pole, hydrant, bridge wall or tree upon any public sidewalk, street, alley or other public place, or upon any private property without the lawful permission of the property owner or authorized agent, except as may be permitted or required by ordinance or law. (Par. designated (a) by Ord. No. 152,930, Eff. 10/19/79.) (b) The provisions of Subsection (a) of this section, however, shall not apply, to transit shelters exempted by the City Council from said provisions. (Added by Ord. No. 152,930, Eff. 10/19/79.) (c) The provisions of Subsection (a) of this section, however, shall not apply to existing structurally attached advertising signs in areas of the public way dedicated under Planning or Zoning actions or Section of this Code where the dedicated area is not presently utilized by the City for street purposes. In such cases, the sign must comply with all provisions of Chapter IX, Article 1, Division 62 of this Code (LAMC Section , et seq.) and observe all Americans with Disabilities Act (A.D.A.), visibility and safety regulations. In addition the property owner must obtain a Revocable Permit from the Board of Public Works for allowing the sign to remain in the dedicated area. (Added by Ord. No. 170,419, Eff. 4/16/95.) SEC STREET CLOCKS BULLETIN BOARDS. (a) Permit Required. No person shall erect, place, suspend, attach, move or maintain, any sign or structure over the street, or any street clock, or street bulletin board, without first obtaining permission in writing from the Board of Public Works, and the Council so to do. The approval in writing of the Cultural Affairs Commission (Amended by Ord. No. 173,297, Eff. 6/30/00, Oper 7/1/00.) shall be obtained before erecting, altering or removing any street clock, sign or structure over the street. (Amended by Ord. No. 109,896, Eff. 9/28/57.) (b) Plans to Be Filed. Any person desiring any permit, permission, or approval as provided for in this section shall file complete plans, drawings and specifications and such other information as the Board of Public Works may require showing the proposed construction. (c) Power to Revoke Permits. The Board of Public Works shall have, and is hereby granted, the power and authority to revoke any permit granted hereunder, and is also granted the power and authority to order any sign maintained in violation of any provision of this section to be altered, repaired, changed, reconstructed, demolished or removed as may be necessary to conform hereto. Such work or act shall be completed within ten (10) days of the date of said order. The provisions of this section shall not be deemed or constructed to prohibit the maintenance of any sign in accordance with the provisions of any previous ordinance of this City, unless such sign is dangerous and unsafe, or the advertising displayed thereon is unlawful. (d) Signs or Structures Over Streets. No person shall erect, construct, suspend or maintain, any sign or structure across, over or above any street or sidewalk or any portion thereof, except as otherwise allowed by this section. Nothing in this section shall be deemed or construed to prohibit, upon the issuance of the permits required by this section, the erection, construction, suspension or maintenance of any such sign or structure within this City or at the recognized boundary of any local community of said City, across, over or above any such street or any portion thereof, if such sign or structure bears exclusively the name of such local community, or words or figures commemorating an historical, cultural, or artistic event or location, without the addition of any advertising whatsoever. (Amended by Ord. No. 109,896, Eff. 9/28/57.) (e) Bulletin Boards Clocks. The owner, proprietor or manager of any daily newspaper or theater in the City may erect, place and maintain upon the sidewalk in front of any office of such daily newspaper or in front of any such theater, as the case may be, not to exceed two bulletin boards, not more than three (3) feet six (6) inches in width and seven (7) feet in height, or one such board of six (6) feet in width and seven (7) feet in height, in case such bulletin boards are located at the curb and are at least twenty (20) feet from the point of intersection of the lines of any streets, measured parallel with the street. The owner, proprietor or manager of any building or place of business may erect, place and maintain upon the sidewalk in front of such building or place of business not to exceed one street clock having a dial not less than thirty (30) inches or more than forty (40) inches in diameter supported upon a post or ornamental design the total height of which shall be not less than fifteen (15) feet or more than twenty (20) feet, in case no portion of such post and clock within eight (8) feet of the sidewalk is more than two (2) feet from the outer edge of the curb, and in case such clock is located at least twenty (20) feet from the point of intersection of the lines of any streets, measured parallel with the street. Such clock may be supported on the corner of any building at the intersection of streets if the lower portion thereof is not less than fifteen (15) feet or more than twenty (20) feet above the sidewalk, and in case such clock does not exceed one-tenth of the height of the building nor more than twelve (12) feet and does not project from any face, wall or the corner of the building in any direction more than five (5) feet. The supports for any clock shall be capable of sustaining four times the weight of the clock with a safety factor of four. The Board of Library Commissioners (Amended by Ord. No. 173,297, Eff. 6/30/00, Oper 7/1/00.) of the City may erect, place and maintain upon the sidewalk in front of any branch library, not to exceed one metal sign containing the words Public Library supported on a cast iron post not more than eight (8) feet in height, in case no portion of such post is more than two (2) feet from the outer edge of the curb and is located at least twenty (20) feet from the point of intersection of the lines of any streets, measured parallel with the street. ARTICLE 8 BENCHES ALONG PUBLIC WAYS

201 Section Definitions Benches Where Prohibited Permit Required from Board of Public Works Application for Permit Fees Renewal Permits Denial Revocation Benches Lawful Installation and Maintenance Benches Advertising and Signs Removal of Benches Enforcement Refunds Not Permitted Bond or Insurance Policy Bond or Insurance Policy Limit of Liability One-stop Permit Center Surcharge. SEC DEFINITIONS. (Amended by Ord. No. 148,020, Eff. 3/3/76. ) (a) (b) (c) Bench, a seat located upon public property along any public way for the accommodation of passersby or persons awaiting transportation. Street, any public thoroughfare or way including the sidewalk, the parkway and any other public property bordering upon a public way. Commercial street shall mean that portion of any street: 1. Upon one side of which street, for a distance of 600 feet, 50 percent or more of the contiguous property fronting thereon is occupied by buildings in use for business, or; 2. Upon both sides of which street, collectively, for a distance of 300 feet, 50 percent or more of the contiguous property fronting thereon is so occupied. A commercial street may be longer than the distances specified in this definition if the above ratio of buildings in use for business to the length of the street exists. SEC BENCHES WHERE PROHIBITED. No person shall install or maintain any bench: 1. (None) 2. In any alley; 3. At any location where the space available to pedestrian traffic is less than ten feet in width; 4. At any location distant more than 50 feet from the nearest intersecting street; provided that whenever, in the opinion of the Board, observance of this requirement would result in inconvenience or hardship, this requirement may be waived by the Board. 5. (Amended by Ord. No. 148,020, Eff. 3/3/76.) At any place except: (a) An existing passenger bus stop; or (b) On a commercial street which is adjacent to a residential area wherein the Board of Public Works has determined that a substantial percentage of the number of the residents is 65 years of age or older, provided: (1) Every bench shall be at least 50 feet from the nearest street intersecting the street upon which the bench is located, notwithstanding the provisions of the fourth numbered paragraph of this section. (2) On each side of the street, in any given block, no more than two benches shall be installed at locations other than existing passenger bus stops. (3) No bench shall be installed until the owner or lawful occupant of the property abutting the location upon which the bench is proposed to be installed has first given written consent for the bench s installation and use.

202 SEC PERMIT REQUIRED FROM BOARD OF PUBLIC WORKS. No person shall install or maintain any bench on any street without a permit therefor from the Board of Public Works. A separate permit shall be obtained for each bench, which permit shall be valid only for the particular location specified therein. Each permit shall bear a separate number and not more than two permits shall be issued for any one location. Where bus stop changes are authorized by the Department of Transportation, the permit and bench may be transferred to another location at the same intersection upon the payment of a transfer fee. When the bus stop is moved on a temporary basis, the permit and bench may be transferred to another location at the same intersection without an additional fee or permit upon condition that the bench and permit be restored to its original location as soon as practicable. The Department of Public Works shall be notified of such change. (Amended by Ord. No. 152,426, Eff. 6/29/79.) SEC APPLICATION FOR PERMIT FEES RENEWAL. (a) No bench permit shall be issued except upon written application made upon a form prescribed by the Board, showing the proposed location of each bench, the advertising, if any, to appear thereon and such other information as the Board may require (b) Detailed plans and specifications of each bench shall be supplied by the applicant. (c) Each application for an original permit or a relocation permit shall be accompanied by an affidavit of the applicant reciting that the applicant has caused the owner or person in lawful possession or control of the property abutting upon the public street at the place where the bench is proposed to be located to be personally served with a notice on a form prescribed by the Board of Public Works that the applicant will file an application for a permit. The form prescribed by the Board shall contain a statement thereon that the person receiving such notice may object to the location of the bench. (d) Each application must be signed by the owner of the bench or benches for which the permits are requested and must be accompanied by an inspection fee for each such bench. The inspection fee shall be determined and adopted in the same manner as provided in Section I, 1 of the Los Angeles Municipal Code for establishing fees. (Amended by Ord. No. 165,675, Eff. 5/11/90.) (e) If the application is granted, an application fee shall be collected at the time of permit issuance for each bench for which a permit is issued. The application fee shall be determined and adopted in the same manner as provided in Section I, 1 of the Los Angeles Municipal Code for establishing fees. (Amended by Ord. No. 165,675, Eff. 5/11/90.) (f) Any permittee shall be responsible for the removal of graffiti from any bench installed pursuant to such permit and the failure to so remove such graffiti upon request of the Department shall be grounds for revocation of the permit. (Former second Subsec. (e) relettered by Ord. No. 168,997, Eff. 9/17/93.) (g) Each permit shall be revokable provided however it shall expire on the 30th day of June next following the date of issuance unless earlier revoked or renewed. A fee for each bench shall be charged for each annual renewal of the permit. Application for a renewal must be made prior to the expiration date and must be accompanied by a renewal fee. The renewal fee shall be determined and adopted in the same manner as provided in section I, 1 of the Los Angeles Municipal Code for establishing the fees. (Former Subsec. (f) relettered by Ord. No. 168,997, Eff. 9/17/93.) (h) Any permittee desiring to change permanently the location of a permit and bench in accordance with the provisions of Section of this Code shall pay a fee of $ (Former Subsec. (g) relettered by Ord. No. 168,997, Eff. 9/17/93.) (i) Any permittee desiring to change permanently the location of a permit and bench in accordance with the provisions of Section of this Code shall pay a fee of $1.00 for each such transfer of location to and including December 31, 1959, thereafter said fee shall be $1.50. (Former Subsec. (h) relettered by Ord. No. 168,997, Eff. 9/17/93.) SEC PERMITS DENIAL REVOCATION. (a) The application shall be denied if the Board shall find that the maintenance of the bench would tend to obstruct passage along any public way or create a hazard or would otherwise be detrimental to the public safety, welfare or convenience. (b) Any permit may be revoked, or renewal thereof denied, for any violation of any of the provisions of this section, for any fraud or misrepresentation in the application, for any reason which would have been ground for denial of the application, or when the Board determines that the bench to be installed, installed or maintained under such permit is to be located or is so located that it is not compatible with another existing or proposed use of the public property along the public way or otherwise not in the best interest of the City. (Amended by Ord. No. 152,457, Eff. 7/2/79.) (c) If the owner, tenant or person in lawful possession or control of the property abutting upon the street at the place where the bench is to be located shall object to the maintenance of the bench, and gives written notice thereof to the Board at any time before or within 90 days from the date the permit is issued, the permit shall be denied or revoked. If such written notice is received by the Board after 90 days from the date of the permit, the permit shall not be revoked, but renewal thereof shall be denied on the next renewal date. (d) The application shall be canceled and denied if the applicant fails to deposit the annual fee and accept the permit within 10 days after notice of the

203 approval of the application by the Board. (e) Any permit issued under this section shall be cancelled and revoked if the permittee fails to install the bench within 60 days after the date of the issuance of the permit. (f) The application shall be canceled and denied, or the permit revoked, as the case may be, if 60% of the property owners and/or tenants living or having their place of business within 200 feet of the location of said bench or benches protest the same. SEC BENCHES LAWFUL INSTALLATION AND MAINTENANCE. (a) No permittee shall locate or maintain any bench at a point less than 18 inches or more than 30 inches from the face of the curb, and each bench must be kept parallel with the curb. (b) (c) No bench shall be more than 42 inches high nor more than 2 feet, 6 inches wide, nor more than 7 feet long, over all. Each bench must have displayed thereon, in a conspicuous place, the name of the permittee and the permit number. (d) It shall be the duty of the permittee to maintain each bench at all times in a safe condition an at its proper and lawful location, and to inspect each bench periodically. SEC BENCHES ADVERTISING AND SIGNS. (a) No advertising matter or sign whatever shall be displayed upon any bench except upon the front and rear surfaces of the backrest, and not more than 75% of each such surface shall be so used. No pictures or representations in irregular contour shall appear on any such bench. All advertising shall be subject to the approval of the Board. (b) No advertisement or sign on any bench shall display the words STOP, LOOK, DRIVE-IN, DANGER or any other word, phrase, symbol or character calculated to interfere with, mislead or distract traffic. SEC REMOVAL OF BENCHES. (Amended by Ord. No. 112,719, Eff. 2/28/59.) (a) After the revocation of the permit, the Board may remove and store the bench installed or maintained under such permit, if the permittee fails to do so within 10 days after notice. (b) (Amended by Ord. No. 161,889, Eff. 2/16/87.) The permittee may recover the bench, if within 60 days after its removal, he pays the cost of such removal and storage, which shall be the actual cost for removal, and $6.00 per month for storage, for each such bench. After 60 days from its removal, the Board may sell, destroy or otherwise dispose of the bench at its discretion. All of the foregoing shall be at the sole risk of the permittee, and shall be in addition to any other remedy provided by law for the violation of this section. SEC ENFORCEMENT. The Board of Public Works shall enforce the provisions of this article, and shall have complete authority over the installation and maintenance of benches, subject to the provisions of this article. SEC REFUNDS NOT PERMITTED. (Amended by Ord. No. 112,719, Eff. 2/28/59.) No fee paid pursuant to this article shall be refunded in the event the application is denied or the permit revoked, except that when for any cause beyond the control of the permittee, a permit is revoked within 60 days after the date of issuance or last renewal thereof the annual fee therefor paid under the provisions of Section of this Code, for the current year may be refunded to the permittee upon written demand filed within six months after the date of revocation. SEC BOND OR INSURANCE POLICY. (a) No permit shall be issued pursuant to this section unless the applicant shall post and maintain with the Board a surety bond or policy of public liability insurance, approved by the Board and conditioned as hereinafter provided. (b) The bond or policy shall be conditioned that the permittee will indemnify and save harmless the City of Los Angeles, its officers and employees from

204 any and all loss, costs, damages, expenses or liability which may result from or arise out of the granting of the permit, or the installation or maintenance of the bench for which the permit is issued and that the permittee will pay any and all loss or damage that may be sustained by any person as a result of, or which may be caused by or arise out of such installation or maintenance. The bond or policy of insurance shall be maintained in its original amount by the permittee at his expense at all times during the period for which the permit is in effect. In the event that two or more permits are issued to one permittee, one such bond or policy of insurance may be furnished to cover two or more benches, and each bond or policy shall be of such a type that its coverage shall be automatically restored immediately from and after the time of the reporting of any accident from which liability may thereafter accrue. SEC BOND OR INSURANCE POLICY LIMIT OF LIABILITY. The limit of liability upon any bond or policy of insurance, posted pursuant to the requirements of this article, shall in no case be less than $5, for bodily injuries to or death of one person. The permissible limit of liability for bodily injuries or death of more than one person shall depend upon the number of bench permits covered thereby and shall not be less than the amount specified in the following schedule: Number of Bench Permits Limit of Liability 1 to 10 $10, to 50 20, to , or more 80, [ BENCH PERMITS LIABILITY LIMIT ] SEC ONE-STOP PERMIT CENTER SURCHARGE. (Title and Section Amended by Ord. No. 182,237, Eff. 9/28/12.) (a) There shall be added to each fee imposed for any permit, license or application provided for in Articles 1, 2, 4 and 4.4 of this Chapter, a surcharge in an amount equal to the greater of two percent of the fee or $1. (b) The provisions of Subsection (a) of this Section shall not apply to fees imposed pursuant to the provisions of Section 61.03, 61.10, 61.11, 61.12, 62.01, 62.61, 62.84, 62.88, 62.96, , , , , , , 64.03, 64.10, , , , (b), or ARTICLE 9 MARINA DEL REY ENTRANCE CHANNEL (Added by Ord. No. 139,030, Eff. 10/20/69.) Section Finding Description Authority for Enforcement Definitions Traffic Control Authority Basic Speed Law Permits for Races and Special Events Reverse Gears Launching or Recovering Vessels Permits, Suspensions, or Revocations Lost and Found Property Underwater Diving Prohibited Swimming Hazardous Lights Anchoring or Mooring in Entrance Channel Illegally Moored or Abandoned Vessels Fees Incidental to Recovery, Movement and Storage Dangerous Vessels, Sunken Vessels, or Obstruction of Channels Duty upon Collision Commercial Activities Prohibited Bait Tanks.

205 69.21 Sanitation Regulations Prohibited Operation upon Waters of the Channel Prohibited Activities upon Areas Abutting the Entrance Channel. SEC FINDING. The Council of the City of Los Angeles hereby finds that the Marina del Rey Entrance Channel is a unique portion of the City of Los Angeles and requires special rules and regulations which cannot properly be applicable to any other portion of the City of Los Angeles. The reason for said uniqueness is that the Marina del Rey Entrance Channel is owned by the County of Los Angeles but is located within the City of Los Angeles. It is the means whereby small boats traverse from the Pacific Ocean into the Marina del Rey, a small boat harbor owned and operated by the County of Los Angeles and located within unincorporated territory. The provisions of this article shall be applicable only to the Marina del Rey Entrance Channel. SEC DESCRIPTION. Marina del Rey Entrance Channel as used herein, and to which this article is applicable, shall mean all those inland waters of the State of California and lying within the city limits of the City of Los Angeles, lying northeasterly of the Marina del Rey Detached Breakwater and bounded by lines drawn northeasterly and perpendicular to the shore from lights 1 and 2 of said Breakwater (and being more particularly described as those waters inside of the lines of the high seas as described in Section 6552(f)(13), Title 14, of the California Administrative Code). SEC AUTHORITY FOR ENFORCEMENT. Harbor patrolmen of the County of Los Angeles, acting under the jurisdiction and orders of the County s Director of Small Craft Harbors and/or the County s Harbor Master, Marina del Rey Small Craft Harbor, shall have full authority to enforce the provisions of this ordinance and the provisions of the California Harbors and Navigation Code within the area described in section 69.01, or the area immediately adjacent thereto, including the power to arrest for violation of the provisions thereof, as though employed by the City of Los Angeles in the capacity of harbor patrolmen or harbor policemen. Nothing contained herein, however, shall constitute such harbor patrolmen as employees or agents or officers of the City of Los Angeles. SEC DEFINITIONS. Auxiliary: Shall mean any vessel having both sails and either an inboard or outboard motor and which may be propelled by its sails or by its motor, or both. City: Shall mean the City of Los Angeles, County of Los Angeles, State of California. County: Shall mean the County of Los Angeles, State of California. Department: Shall mean the Department of Small Craft Harbors, County of Los Angeles. Director: Shall mean the Director of the Department of Small Craft Harbors. Emergency: Shall mean a state of proximate danger to life or property in which time is of the essence. Harbormaster: Shall mean the Chief Officer of the Harbor Patrol, County of Los Angeles, or member of the Harbor Patrol that he may designate to act in his stead in his absence. Harbor Patrol: Shall mean the organization comprising all members regularly employed by the Los Angeles County as Harbor Patrolmen or Harbor Patrol officers. Harbor Patrolmen: Shall mean a harbor policeman as referred to in Section of the California Harbors and Navigation Code. Moor: Shall mean to secure a vessel other than by anchoring. Mooring: Shall mean (1) a place where vessels are secured; (2) the equipment used to secure a vessel; and (3) the process of securing a vessel other than by anchoring. Mooring Buoy: Shall mean a buoy secured to the bottom by anchors and provided with attachments to which a vessel may be secured by use of its anchor chain or mooring lines. Regulatory Marker: Shall mean any of the waterway markers defined as regulatory markers in the California Administrative Code, Title 14, Article 6, commencing with Section 7000.

206 State: Shall mean the State of California. Stray Vessel: Shall mean (1) an abandoned vessel; (2) a vessel the owner of which is unknown; (3) a vessel moored without permission; or (4) a vessel underway without a competent person in command. To Anchor: Shall mean to secure a vessel to the bottom within a body of water by dropping an anchor or anchors. Underway: Shall mean the condition of a vessel not at anchor; without moorings; and not made fast to the shore nor aground. Vessel: Shall mean every description of water craft, other than seaplane on the water, used or capable of being used as a means of transportation on the water. Waterway: Shall mean any water area providing access for vessels from one place to another, principally a water area that is navigable which may provide or is used as a regular route for water traffic, that is owned, managed, or controlled by the County or under the jurisdiction of the County, either in incorporated or unincorporated territory. Waterway Marker: Shall mean any State aid to navigation or regulatory marker as defined in California Administrative Code, Title 14, Article 6, commencing with Section SEC TRAFFIC CONTROL AUTHORITY. All traffic control markers, signs, notices, signals, buoys, or navigation control devices shall be installed only upon the authority of the Director and the Director is hereby authorized to install such permanent or temporary traffic control markers, signs, notices, signals, buoys, or navigation control devices as he may deem necessary for the protection of persons and property within the entrance channel, or to regulate traffic during, and after any race, regatta, parade or special event being held in said channel or in any portion thereof. No person shall install any marker unless so authorized, except to mark a sunken or disabled craft or other hazard to navigation as set forth in section hereafter. It shall be unlawful to willfully fail to obey any such marker, sign notice, signal, buoy, or navigation control device. SEC BASIC SPEED LAW. (a) The entire water area as described in section is designated as a speed zone in which no person, except a public officer in performance of his duty, shall operate a vessel or cause it to be operated at a speed that is not reasonable or prudent, having due regard for other vessels, property, and persons on said waters, and visibility and weather conditions prevailing at that time. (b) The prima facie speed limit in all areas to which this article applies is eight (8) nautical miles per hour unless posted differently by the authority of the Director, in which event said posted speed shall be the prima facie speed limit. (c) No person shall operate a vessel in such a manner that the speed thereof creates an unnecessary or excessive wake. (d) No person shall operate or permit to be operated a motor vessel at any speed, while any person on board shall be positioned in such a manner as to endanger said person. (e) No person shall operate a vessel at a speed which shows a willful or wanton disregard for the safety of persons or property. This section shall not apply to any vessel operator participating as a contestant or in an authorized capacity in a race, regatta, demonstration, exhibition, or other special event conducted pursuant to the terms and conditions of a permit granted by the Director. SEC PERMITS FOR RACES AND SPECIAL EVENTS. It shall be unlawful for any person to engage or participate in a boat race, regatta, demonstration, exhibition, or other special event unless so authorized by permit of the Director. SEC REVERSE GEARS. It shall be unlawful for any person to operate on the waters of the entrance channel any power or motor-driven vessel that does not have a reverse gear or the means to reverse and stop the vessel, except when participating as a contestant in a race, regatta, demonstration, exhibition, or other special event which has been authorized by the Director. SEC LAUNCHING OR RECOVERING VESSELS.

207 No person shall launch any vessel into the entrance channel unless he has written permission issued by the Director. No person shall remove any vessel onto the rock jetties or onto the breakwater except in an emergency. No person having charge of any vessel shall permit the debarkation of passengers or the off-loading of cargo onto any jetty, breakwater, or structure within the entrance channel nor onto another vessel, except in an emergency. SEC PERMITS, SUSPENSIONS, OR REVOCATIONS. All permits granted under the authority of this ordinance shall be valid only for such period as may be determined by the Director. A violation of the provisions of this ordinance, or of any other applicable ordinance, by any permittee shall be grounds for suspension or revocation of such permit or permits. SEC LOST AND FOUND PROPERTY. Stray vessels, and all personal property or other articles lost, abandoned, or found in the entrance channel and not in the possession or control of some person, shall be delivered to the office of the Director or Harbor Master in compliance with the provisions of the Civil Code of the State of California. Said Director or Harbor Master shall take charge of said property in the manner as provided in said Civil Code. The owner of such property shall be liable for any costs and expenses incurred in the removal, storage, sale, or other disposition thereof. SEC UNDERWATER DIVING. (a) It shall be unlawful for any person to engage in skin diving or underwater diving requiring apparatus for underwater breathing or to engage in any other under water activity requiring such breathing apparatus in said entrance channel except that diving for salvage or recovery purposes may be authorized upon written permit of said Harbor Patrol. (b) When a person or persons are engaged in an underwater diving activity, there shall be present an attendant not less than sixteen (16) years of age who shall be on the surface of the water close over the person or persons engaged in the underwater activity, and such attendant shall conspicuously display the Divers Flag during diving activities. SEC PROHIBITED SWIMMING. A person shall not swim, bathe, or wade in any portion of the entrance channel. SEC HAZARDOUS LIGHTS. It shall be unlawful for a person responsible for same to place, erect, build, or install within the Marina del Rey entrance channel or on contiguous jetties any light fixtures or open flame fires in such manner as to constitute a hazard to operators of vessels navigating at night. This section shall not apply to any usual indoor or outdoor lighting fixtures installed upon the private properties within the adjacent Venice Waterways Project. SEC ANCHORING OR MOORING IN ENTRANCE CHANNEL. A person shall not anchor nor moor any vessel within the entrance channel nor secure it to any jetty, breakwater, buoy, or other thing except in any emergency, in which case such person shall forthwith report the emergency to the Harbor Master and thereafter act in accordance with the Harbor Master s instructions. The owner of any vessel anchored or moored for emergency reasons shall be responsible for causing such vessel to be tied, secured, or anchored with proper care and in such manner as may be required to not unnecessarily obstruct the passage of other vessels and to prevent breakaway and resulting damage. SEC ILLEGALLY MOORED OR ABANDONED VESSELS. If any unattended vessel shall be found to be anchored or moored within the entrance channel, the Director may assume custody of such vessel and cause it to be removed or held or placed in storage. The Director or his deputies shall not be held liable for any damage to such vessel whether such damage occurs before or after he assumes custody. If said vessel is not claimed by the owner thereof, the Director may deal with such vessel in the manner as provided in the Civil Code as it now reads or as it may hereafter be amended. SEC FEES INCIDENTAL TO RECOVERY, MOVEMENT AND STORAGE. Charges imposed by County for recovery and/or movement of vessels shall be in accordance with the Schedule of Charges for Services Rendered and

208 Supplies Furnished by the Harbor Patrol as approved by the Board of Supervisors of the County of Los Angeles on November 30, 1965, or as subsequently amended, and whenever a vessel is impounded or held for safekeeping, there shall be in addition a charge for storage at the rate of five dollars ($5.00) per day. SEC DANGEROUS VESSELS, SUNKEN VESSELS, OR OBSTRUCTION OF CHANNELS. (a) Whenever a vessel is sunk, accidentally or otherwise, it shall be the duty of the owner of such vessel to mark it immediately by a buoy or beacon by day and by a lantern or light by night and to maintain such markings until the sunken vessel or obstruction is removed, and the neglect or failure of such owner to do so shall be unlawful. The owner of such sunken vessel shall immediately commence removal of said vessel and prosecute the removal diligently to completion. (b) Whenever the navigation of any waters within the entrance channel shall be obstructed or endangered by any sunken vessel or other obstruction the vessel or obstruction shall be subject to removal, sale, or other disposition by the Director and may be treated as found property and subject to the provisions of the Civil Code. The owner or owners of such vessel or property causing such obstruction or damage shall be liable to the County for all costs incident to said removal and disposition, and shall further be liable to any person who may be damaged as a proximate cause of said sunken vessel or other obstruction. Neither the County nor the City of Los Angeles, their employees, agents or officers, shall be liable for damages of any nature whatsoever arising out of or in any way connected with the removal, sale, or disposition of such sunken vessel or other property. (c) Any vessel that may enter the entrance channel in a disabled condition, or any vessel within said channel, which may for any reason be rendered disabled, shall immediately become subject to the orders and directions of the Director and it shall be unlawful for any person to fail or refuse to comply with his orders or directions with regard to the disposition of such vessel. SEC DUTY UPON COLLISION. (a) The operator of any vessel involved in a collision with any other vessel or with any other object shall immediately notify the owner of the struck vessel of the name and address of the operator and/or owner of the striking vessel, and shall further immediately report the incident and furnish the same information to the Harbor Master. Failure to render both said notice and said report shall be a violation of this article. (b) The rendering of the notice and report aforementioned in this section shall not exonerate any boat operator or owner from rendering accident reports required by the California Harbors and Navigation Code or any other reports required by state law. SEC COMMERCIAL ACTIVITIES PROHIBITED. No person shall solicit, sell, hawk, or peddle any goods, wares, or merchandise of any sort whatsoever within the entrance channel; nor shall any person distribute circulars, handbills or advertising matter within the entrance channel, nor erect any signs, posters, or other advertising media upon any breakwater, structure, sign, or marker within said entrance channel. SEC BAIT TANKS. (a) Bait tanks on any vessel containing bait shall, when said vessel is in the waters of the entrance channel, be covered by a screen cover or other cover which shall fit closely over the top of said bait tank and the operator of such vessel shall, at all times, have aboard his vessel a covered can, box or other receptacle for dead bait. No live or dead bait shall be deposited or placed into the waters of said entrance channel. (b) A person shall not transfer bait from one vessel to another within the entrance channel. SEC SANITATION REGULATIONS. (a) It shall be unlawful for a person to throw, discard, discharge or deposit any refuse, trash, sewage or matter of any description into the waters of the entrance channel or upon the contiguous lands. (b) A person shall not discharge or deposit or permit to pass into the waters of the entrance channel any coal, tar, oil, gasoline, sludge or residuary products of coal petroleum, asphalt, bitumen or other carbonaceous material or substance nor any varnish, paint or similar products. Any accidental spill of said materials or products shall be immediately reported to the Harbor Master and it shall be a violation of this article to fail to do so. (c) Any person who causes such accidentally spill of coal, tar, oil, gasoline, sludge or residuary products thereof, or of varnish, paint, or similar products, shall take all reasonable and appropriate steps to remove such material, or as much thereof as may be possible, from the waters of the entrance channel. (d) A person shall not place or deposit and subsequently abandon any dead animals, fish, shell fish, bait or other putrefying matter on or along the jetties, breakwater, vessels, or land, nor shall a person throw or deposit any animal carcass in the waters. (e) A person shall not clean fish on the jetties, breakwater, land or waters.

209 (f) No person shall operate the toilet fixtures of a vessel within the entrance channel at any time so as to cause or permit to pass or to be discharged into the waters of said channel any excrement, sewage, or other waste matter or contaminant of any kind. SEC PROHIBITED OPERATION UPON WATERS OF THE CHANNEL. Except upon written permission of the Director, which may be given for special events; no person shall: (a) Tow, ride upon, otherwise operate water skis or aquaplanes. (b) Tow any vessel, object, or structure behind a vessel when such towed object, structure, or vessel is a distance of 75 feet or more astern of the towing vehicle. (c) (d) emergency. Operate a hydrofoil craft, seaplane, or air propeller driven water craft. Use, or cause to be used, on any vessel under his control, a spinnaker sail of any type except where such use is made necessary by an SEC PROHIBITED ACTIVITIES UPON AREAS ABUTTING THE ENTRANCE CHANNEL. Except upon written permission of the Director, which may be given for special events, no person shall: (a) day. (b) (c) Be present upon or loiter upon either of the jetties adjacent to the entrance channel between the hours of 10:00 p.m. and 6:00 a.m. of the next Light or maintain any open fire upon either of the jetties adjacent to the entrance channel. Throw or propel any object at or toward any vessel or into the waters of the entrance channel from said jetties. (d) Remove, take, injure, mutilate, destroy, or otherwise damage any rock, wood, plants, trees, or other object whether natural or artificial, which is located upon said jetties or upon the breakwater. (e) Paint, draw, write, or otherwise mark upon any of the rocks constituting a portion of said jetties or breakwater, or attach thereto any sign, card, display, or other material intended to communicate a message, idea, name, or otherwise, to any person viewing said jetties or breakwater; except that the Director or Harbor Master may place such signs upon such jetties or breakwater as necessary to direct traffic or warn persons of their presence. (f) No vehicles shall be driven upon said jetties except in such places as are improved for the driving of such vehicles. Should any vehicle be parked upon said jetty in a place not so improved, and should said vehicle be unattended, the Director or the deputy may remove such vehicle to a nearby location where parking of vehicles is permitted and the cost of such removal, parking, and storage shall be charged to the owner of said vehicle.