Chapter 8.08 GENERAL HAZARDS

The purpose of this chapter is to provide minimum standards to safeguard life, limb, safety, and public welfare by requiring protection from hazardous bodies of water, wells and other defined excavations and abandoned chests not presently covered by statutes of the state. (Ord. 379 § 102, 1980)

8.08.030 Deputies.

Whenever, by the provisions of this chapter, a power is granted to a public officer or a duty imposed upon the officer, the power may be exercised or duty performed by a deputy of the officer or by a person authorized pursuant to law by the officer, unless it is expressly otherwise provided. (Ord. 379 § 103, 1980)

8.08.040 Reference to ordinance or statute.

Whenever any reference is made to any portion of this chapter, or of any other ordinance, or to any statute, the reference shall apply to all amendments and additions thereto now or hereafter made. (Ord. 379 § 104, 1980)

8.08.050 Exceptions.

Should any exception to the provisions of this chapter be held invalid or should any provisions of this chapter be held invalid because of any exception, the exception shall be eliminated from the chapter. The Board declares that it intends this chapter to apply to every excavation which by reason of constitutional limitations cannot be excepted from the provisions of this chapter and to every excavation the exception of which would invalidate this chapter or any portion thereof. (Ord. 379 § 106, 1980)

8.08.060 Interpretation of language.

(A) Tenses. The present tense includes the past and future tenses.

(B) Genders. Each gender includes the other two genders.

8.08.070 Penalty for violation.

Violation of this chapter is a misdemeanor punishable by a fine of not more than $500.00 or by imprisonment in the County Jail for not more than six months or by both such fine and imprisonment. Each day during any portion of which any violation of any provision of this chapter is committed, continued or permitted constitutes the violation a separate offense. (Ord. 379 § 110, 1980)

Article II. Definitions

8.08.080 Generally.

Unless the provision or the context otherwise requires, the definitions in this article shall govern the construction of this chapter. (Ord. 379 § 201, 1980)

8.08.090 Article.

“Article” means an article of this chapter unless some other ordinance or statute is mentioned. (Ord. 379 § 202, 1980)

8.08.100 Board.

“Board” means the City Council. (Ord. 379 § 203, 1980)

8.08.110 County.

“County” or “County of Los Angeles” means the City. (Ord. 379 § 204, 1980)

8.08.120 County Engineer.

“County Engineer” means the City Engineer. (Ord. 379 § 205, 1980)

8.08.130 Excavation.

“Excavation” means any hole or depression in the ground or body of water created wholly or in part by artificial means including excavation, dam, fill or combination thereof. (Ord. 379 § 206, 1980)

8.08.140 Parcel of land.

“Parcel of land” means a contiguous quantity of land, in the possession of, or owned by, or recorded as the property of, the same claimant or person. (Ord. 379 § 207, 1980)

8.08.150 Party concerned.

“Party concerned” means the person, if any, in real or apparent charge and control of the object or premises involved, the person who, by the last equalized assessment roll appears to be the owner of the premises involved, the record owner, the holder of any mortgage, trust deed, or other lien or encumbrance of record, the owner or holder of any lease of record, the record holder of any other estate or interest in or to the object or premises. (Ord. 379 § 208, 1980)

8.08.160 Person.

“Person” means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, or any other group or combination acting as a unit. (Ord. 379 § 209, 1980)

8.08.170 Section.

“Section” means a section of this chapter unless some other ordinance or statute is specifically mentioned. (Ord. 379 § 211, 1980)

8.08.180 Shall and may.

“Shall” is mandatory. “May” is permissive. (Ord. 379 § 210, 1980)

8.08.190 Sheriff.

“Sheriff” means the Sheriff of the City. (Ord. 379 § 212, 1980)

8.08.200 Superintendent.

“Superintendent” means:

(A) The City Engineer while enforcing Sections 50241, 50242, 50243, 50244 and 50254 of the Government Code;

(B) The Sheriff while enforcing Sections 50234 and 50236 of the Government Code. (Ord. 379 § 213, 1980)

Article III. Oil Well Sumps, Sand and Gravel Pits and Similar Excavations

8.08.210 Protection required.

Every person making, maintaining or using and every person owning or in control of the premises on which there exists an oil well sump of any depth or a sand and gravel pit, clay pit or similar excavation exceeding three feet in depth shall erect and continuously maintain around the excavation at all places, if an oil well sump, and in other cases at all places where the slope exceeds one foot vertical to one and one-half feet horizontal if not under water, or one foot vertical to four feet horizontal if under water, a fence complying with the requirements of this article. (Ord. 379 § 301, 1980)

8.08.220 Exceptions.

This article does not apply to:

(A) An oil well sump constantly and immediately attended while drilling operations are continuously proceeding;

(B) Harbors, marinas and artificial lakes exceeding one acre in surface area used for recreational purposes;

8.08.230 Fences.

Fences required by this article shall be not less than five feet high mounted on one-and-one-quarter-inch diameter galvanized steel posts with not less than three strands of barbed wire mounted at a 45-degree angle from the top of the fence. The fence shall be constructed of chain link or other industrial type fencing of not less than 11 gauge wire and of not greater than two-inch nominal mesh. The posts supporting the fence shall be set 36 inches in a concrete base and shall be spaced approximately 10 feet apart. Tension wires of at least No. 9 gauge coil spring wire, or equivalent, shall be stretched at the top and bottom of the fence fabric and shall be fastened to the fabric at 24-inch intervals. There shall be no aperture below the fence large enough to permit any child to crawl under the fence. (Ord. 379 § 303, 1980)

8.08.240 Gates.

Gates shall be of a structure substantially the same as the required fence and shall be kept locked when not attended by an adult. (Ord. 379 § 304, 1980)

8.08.250 Alternate construction.

If the City Engineer finds that any other type of construction has resulted in, or will result in, a fence or wall in all respects the equivalent in protection, strength and durability to a fence constructed as provided in PMC 8.08.230, the alternate type of construction may be used. (Ord. 379 § 305, 1980)

8.08.260 Unused sumps, cellars and ditches to be cleaned.

Every person operating or maintaining an oil well shall cause all sumps, cellars and ditches which were used or installed or maintained for use in connection with any well and which have not been used for 90 days for the operation of, or the drilling of, the well, or any other well in the vicinity, to be cleaned out and all oil, rotary mud and rubbish removed therefrom. (Ord. 379 § 306, 1980)

Article IV. Wells, Test Holes, Cesspools, Cisterns and Septic Tanks

8.08.270 Protection required.

Every person who digs, drills, excavates, constructs, owns or controls, and every person owning, or having possession of any premises on which exists an oil or water well, test hole, cesspool, cistern, septic tank, seepage pit or similar excavation shall cap, close or otherwise protect the opening to the well, hole, cesspool, cistern, septic tank, seepage pit, or similar excavation in such a manner as to prevent persons from falling therein, and in such a manner that the capping, closing or other protection cannot be removed by accident or inadvertence, or such persons shall fill the well, cesspool or pit. (Ord. 379 § 401, 1980)

8.08.280 City protection.

Whenever any person fails or refuses to perform any act required by this article, the City may itself cap, cover or fill the well, or the City may follow the procedure provided for in Article VIII of this chapter. (Ord. 379 § 402, 1980)

8.08.290 Exceptions.

This article does not apply to:

(A) Wells, cesspools, cisterns, septic tanks or seepage pits under construction when constantly and immediately attended by workmen or other adult persons;

(B) Wells, pits or shafts less than three feet in depth or with an opening not exceeding six inches in diameter;

Article V. Swimming Pools

8.08.300 Protection.

Every person who owns or is in possession of any premises on which there is situated a swimming pool, fish pond, or other outside body of water created by artificial means, designed or used for swimming or other immersion purposes, by men, women, or children, any portion of which is two feet deep or more and the surface area of the water in which does not exceed 10,000 square feet shall erect and maintain on the lot or premises, and completely surrounding the body of water, lot or premises, a fence, wall or other structure, which fence, wall or other structure complies with the provisions of this article. (Ord. 379 § 501, 1980)

8.08.310 Signs – Required.

Every person who owns, operates or maintains a private swimming pool for the use of himself, his family or friends in the City shall post or display a sign or poster which is clearly visible from any point immediately adjacent to the pool, which is protected against the elements, and which describes and illustrates the proper procedures for giving both mouth-to-mouth and manual artificial respiration. Every such sign or poster shall also contain the following statements or information:

(A) A statement that in case of need, mouth-to-mouth or manual artificial respiration should be started immediately and should be continued until a physician arrives or until mechanical resuscitators are applied;

(B) The words “FIRE DEPARTMENT PARAMEDIC RESCUE UNIT” followed by the telephone number of the nearest County Fire Department dispatcher;

(C) The location and telephone number of the nearest emergency hospital or other emergency treatment facility and of the nearest physician; and

(D) The telephone number of the nearest ambulance service. (Ord. 379 § 501.1, 1980)

8.08.320 Signs – New pools.

Every contractor or other person, firm, copartnership, association or corporation constructing any private swimming pool which is subject to the provisions of PMC 8.08.310 shall, upon completion of the swimming pool, erect a sign or poster which in all respects complies with the requirements of PMC 8.08.310. (Ord. 379 § 501.2, 1980)

8.08.330 Fence design.

The fence, wall, or other structure required by this article shall be not less than five feet high, measured from the existing surface to the top of the fence or wall on the side of the fence or wall opposite the side towards the pool, with no openings except doors or gates, with an area greater than 50 square inches, except that a rectangular opening having no horizontal dimension exceeding four inches may have a greater area. (Ord. 379 § 502, 1980)

8.08.340 Wood fences.

Wood fences shall have posts not less than three inches by three inches, spaced not over 10 feet on centers, and embedded at least 18 inches into the ground. Posts, other than redwood, shall be treated with a preservative. Fencing shall be at least one-half inch in thickness and fastened securely to at least two rails not less than two inches by three inches in cross-section. (Ord. 379 § 503, 1980)

8.08.350 Wire fences.

Wire fences shall be constructed of wire mesh of not less than 11 gauge galvanized steel wire supported on one-and-one-fourth-inch diameter galvanized pipe spaced not over 10 feet on centers. Posts shall be embedded at least 12 inches into concrete fill-in holes not less than six inches in diameter and 18 inches in depth. (Ord. 379 § 504, 1980)

8.08.360 Masonry fences.

Masonry fences shall be supported on a foundation of concrete extending not less than 12 inches below grade, not less than 12 inches in width, and not less than six inches in thickness. Wall steel, when required, shall be embedded 16 diameters into the footing. (Ord. 379 § 505, 1980)

8.08.370 Alternate construction.

If the City Engineer finds that any other type of construction has resulted in, or will result in, a fence in all respects the equivalent in strength and durability to a fence constructed as provided in PMC 8.08.040, 8.08.050, or 8.08.060, such type of construction may be used. (Ord. 379 § 506, 1980)

8.08.380 Fences over six feet high.

All fences or walls exceeding six feet in height shall comply with the provisions of County Ordinance No. 2225. (Ord. 379 § 507, 1980)

8.08.390 Gates and doors – Latches.

All gates or doors opening through the fence or structure protecting a swimming pool as required by this article shall be equipped with self-closing and self-latching devices no less than four feet above grade capable of keeping the gate or door securely closed at all times when not in actual use. (Ord. 379 § 508, 1980)

8.08.400 Gates and doors – Size and locking required.

All doors or gates shall be of such size as to completely fill any opening in the fence or wall. The owner or person in possession of the premises on which the swimming pool exists shall keep the doors and gates closed and securely latched at all times when the swimming pool is not in use. (Ord. 379 § 509, 1980)

8.08.410 Portable pools.

This article does not apply to portable swimming pools which are so designed that the water in them can, at no time, exceed two feet in depth but does apply to all other portable swimming pools. (Ord. 379 § 510, 1980)

8.08.420 Penalty for violation.

Any person owning, maintaining, operating or in possession of a pond or pool as defined in this article and who is in violation of this chapter, is guilty of a misdemeanor and may be arrested and taken immediately before the magistrate by the Sheriff or released after giving his written promise to appear before the magistrate as provided in County Ordinance No. 6723. (Ord. 379 § 511, 1980)

Article VI. Water Hazards

8.08.430 Findings.

The Board finds that there are numerous bodies of water, both natural and manmade, throughout the City which are not included within the provisions of Article III, IV or V of this chapter, yet are a serious hazard to children and others because of their depth, size, vegetable growth therein, nature of soil, and for many other reasons. The Board further finds that these bodies of water are attractive to children and that children will use them for boating, floating and bathing. (Ord. 379 § 601, 1980)

8.08.440 Abatement.

Whenever any body of water, whether natural or manmade, or partially natural and partially manmade, is a hazard to children because of its size, depth, vegetable growth therein, nature of soil, or for any other reason, the Board may declare by resolution such body of water to be a public nuisance and abate the hazard as provided in Article 9 (beginning with Section 50230) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code, the provisions of which article are incorporated by reference as a portion of this chapter. (Ord. 379 § 602, 1980)

8.08.450 Protection.

If the body of water occupies more than one premises, the owner or person in possession of each such premises shall be responsible for the abatement of the nuisance which exists on his property. (Ord. 379 § 603, 1980)

8.08.460 Gates.

Gates shall be kept locked when not attended by an adult. (Ord. 379 § 604, 1980)

Article VII. Boxes and Chests

8.08.470 Protection.

Any person who discards or abandons or leaves in any place accessible to children any chest or box having a capacity of one and one-half cubic feet or more, which is no longer in use, which chest or box has an attached lid or door which may be opened or fastened shut by means of an attached latch, which has not had the door removed or the hinges and such portion of the lock mechanism removed to prevent latching or locking of the door, is guilty of a misdemeanor. (Ord. 379 § 701, 1980)

8.08.480 Exception.

This article does not apply to any refrigerator icebox, or deep freeze locker in current use. This article does not prohibit or cover any act prohibited by Section 402b of the Penal Code or by any other state statute. (Ord. 379 § 702, 1980)

8.08.490 Sheriff action.

If the Sheriff finds any chest or box in violation of the provisions of this article he may remove the latch so that the chest or box cannot be fastened shut or he may remove the chest or box to a place not accessible to children. Neither of the actions bars a prosecution for violation of this article. (Ord. 379 § 703, 1980)

Article VIII. Hazardous Oil Machinery

8.08.500 Protection.

(A) A person owning, having possession of, or in control of, any oil well shall not maintain or allow to exist thereon, any moving parts or machinery in use and/or operable at the oil well, unless the machinery or moving parts are securely enclosed by a fence complying with the provisions of PMC 8.08.230, 8.08.250, or screening or housing sufficient to prevent the entry of unauthorized persons. If a fence is equipped with gates, the gates shall comply with PMC 8.08.240. A single fence, screen or housing may be used to enclose more than one oil well.

(B) Exception. Perimeter fencing need not be continuous where:

(1) The oil well is in an isolated area with no residences other than a caretaker within one-half mile; and

(2) The unfenced portion is located in terrain that is equivalent to the fenced portion in protection against trespassing. (Ord. 379 § 901, 1980)

8.08.510 Exception.

This article does not apply if a competent person is in constant attendance 24 hours per day at each oil well. (Ord. 379 § 902, 1980)

8.08.520 Penalty for violation.

Any person owning, maintaining, operating or in possession of hazardous oil well machinery as defined in this article and who is in violation of this chapter is guilty of a misdemeanor and may be arrested and taken immediately before the magistrate by the Sheriff or released after giving his written promise to appear before the magistrate as provided in County Ordinance No. 6723. (Ord. 379 § 903, 1980)