Chapter 5.05
ENCROACHMENT PERMITS
Sections:
5.05.030 Conditions of issuance.
5.05.040 Permit required—Bus bench.
5.05.050 Application—Bus bench.
5.05.060 Denial of permit—Bus bench.
5.05.070 Permit expiration date—Bus bench.
5.05.080 Permit revocation—Denial of renewal—Bus bench.
5.05.090 Removal, storage and disposition—Bus bench.
5.05.100 Advertising and signs—Bus bench.
5.05.110 Permit required—Overhead structure.
5.05.120 Applicability—Overhead structure.
5.05.130 Height—Banners and decorations.
5.05.140 Application—Overhead structure.
5.05.150 Denial of permit—Overhead structure.
5.05.160 Permit revocation—Denial of renewal—Overhead structure.
5.05.010 Purpose.
The purpose of this chapter is to augment Section 16.18 (Excavations and Encroachments) of the Los Angeles County Highway Permits code, which has been adopted by the city of South Gate in Section 5.04.010 of this code, by providing specific guidelines and regulations for the types of encroachments hereinafter set forth in this chapter.
(Ord. 2039 § 3 (part), 10-13-98)
5.05.020 Definitions.
As used in this chapter:
"Adjacent property holder" means, for purposes of bus bench encroachment permits, the owner of or the person in lawful possession or control of the real property abutting upon the public street at the place where the bus bench is proposed to be or is located.
"Advertising display" means any device, contrivance, statue, or structure other than a sign used as a display, regardless of size and shape, or for the purposes of attracting attention or making anything known, the origin or place of sale of which is on the property with such advertising display.
"Bench" means a seat for the use and accommodation of person awaiting transportation, which seat is located upon any public thoroughfare or public right-of-way including a sidewalk, parkway or any public property bordering upon a public right-of-way.
"Marquee" means any permanent roof structure, canopy, or awning attached to and supported by the building projecting over the public or private property.
"On-premises sign" means a sign which carries only advertisements strictly incidental to a lawful use of the premises on which it is located, including signs or devices indicating the business transacted, services rendered, goods sold or produced, name of business, name of person, firm or corporation occupying the premises.
"Overhead structure" means any structure extending over the public right-of-way, including signs, banners, marquees, advertising displays, pole decorations, but excluding such projections from buildings as by windows, doors and the like.
(Ord. 2039 § 3 (part), 10-13-98)
5.05.030 Conditions of issuance.
All permits issued pursuant to the provisions of this chapter shall be temporary only, and may be revoked by the public works director at any time, with notice. No refund of any fee paid prior to such revocation shall be made.
(Ord. 2039 § 3 (part), 10-13-98)
5.05.040 Permit required—Bus bench.
A. It is be unlawful for any person to install or maintain any bench on any street or sidewalk area within the city unless there has been issued, and is in valid existence, an encroachment permit therefore from the department of public works, in addition to any other city permitting requirements, including but not limited to business license and a business permit.
B. The encroachment permit shall be valid for the period indicated on the permit and only for the particular locations specified thereon.
C. No more than two benches shall be permitted at each bus stop. If more than one permittee proposes to install a bench at the same bus stop, approval to install a bench at that location shall be granted to the first applicant to submit a completed application.
(Ord. 2039 § 3 (part), 10-13-98)
5.05.050 Application—Bus bench.
No encroachment permit shall be issued except upon a written application filed with, and upon a form prescribed by, the department of public works. Such application shall contain the following:
A. A map with the proposed specific location of each bench; the map shall show any existing benches at the proposed location;
B. A description of each proposed bench, including its dimensions and construction materials;
C. The signature of the owner of the benches for which permits are sought;
D. Such other information as city departments may require;
E. Each application for a permit shall be accompanied by a written statement signed by the adjacent property holders, giving his/her consent to the installation and maintenance of the bench.
(Ord. 2039 § 3 (part), 10-13-98)
5.05.060 Denial of permit—Bus bench.
A. The application for a bus bench encroachment permit shall be denied if the director of public works finds that the maintenance of the bench tends to obstruct passage along any public way, create a hazard, or otherwise be detrimental to the public safety, welfare, or convenience.
B. The application for a bench encroachment permit shall be denied if the city intends to use said portion of the public right-of-way for a public purpose, including but not limited to a city-owned bus bench shelter.
C. The application for a bus bench encroachment permit may be denied by the city council if sixty percent of the property owners or persons in lawful control or having their places of business within two hundred feet of the location of such bench protest the same.
D. Before approval, the application will be circulated to the departments of community development, building and safety, and business license. The permit application may be denied if any of these departments objects to the granting of this permit.
(Ord. 2039 § 3 (part), 10-13-98)
5.05.070 Permit expiration date—Bus bench.
Each permit shall expire each year on December 31st, if not revoked sooner by the director of public works and unless renewed. Applications for such renewals shall be made prior to the expiration date but no later than two weeks prior to expiration. The director of public works has the discretion to accept late renewal filings upon a showing of reasonable cause for the late filing by the applicant. Renewal applications shall include current information on location of all benches.
(Ord. 2039 § 3 (part), 10-13-98)
5.05.080 Permit revocation—Denial of renewal—Bus bench.
A. Any bench permit may be revoked or the renewal thereof denied by the director of public works for any violation of any of the provisions of this chapter, for any fraud or misrepresentation in the application for revocation of the business license permit, or for any reason which would have been grounds for the denial of the application.
B. Any bench permit may be revoked or the renewal thereof denied by the public works director if the city intends to use said portion of the public right-of-way for a public purpose, including but not limited to a city-owned bus bench shelter.
C. Any such permit shall be canceled and revoked if the permittee fails to install the benches within sixty days after the date of the issuance of the permit.
D. If the adjacent property holder(s) withdraw his or her consent to the continued maintenance of the bench and gives a written notice thereof to the director of public works, a renewal of the permit shall be denied at the expiration of the current term of the permit if said withdrawal notice sets forth reasonable cause for the withdrawal of the consent. The director of public works shall inform the permittee of the receipt of such notice.
E. Any bench permit may be revoked or the renewal thereof denied by the council if sixty percent of the property owners or persons in lawful control or having their places of business within two hundred feet of the location of such bench protest the same.
F. Upon revocation or denial of renewal, the benches must be removed within thirty days after notification by the director of public works.
(Ord. 2039 § 3 (part), 10-13-98)
5.05.090 Removal, storage and disposition—Bus bench.
A. After the revocation or expiration of any bus bench encroachment permit, the public works department may remove and store the benches if the permittee fails to remove the same within thirty days after a notice to do so.
B. The permittee may recover the removed benches if, within sixty days after the removal thereof, he or she pays the actual costs of such removal and storage. Sixty days after removal, the public works department may sell, destroy, or otherwise dispose of the benches at its discretion.
(Ord. 2039 § 3 (part), 10-13-98)
5.05.100 Advertising and signs—Bus bench.
A. No advertising matter or sign shall be displayed upon any bus bench except upon the front surfaces of the backrest.
B. No pictures or representations in irregular contours which are liable to interfere with, distract, mislead, or direct traffic shall appear on any such bench.
C. No advertisement or sign on any bench shall display the words “stop,” “look,” “drive-in,” “danger,” or any other word, phrase, symbol, or character liable to interfere with, mislead, distract, or direct traffic, or any communication in violation of local, state and federal laws and regulations.
(Ord. 2039 § 3 (part), 10-13-98)
5.05.110 Permit required—Overhead structure.
It is unlawful for any person to install or maintain any overhead structure on or over any street or sidewalk area within the city unless there has been issued, and is in valid existence, an encroachment permit therefore from the department of public works, in addition to any other city permitting requirements, including but not limited to business license and a business permit.
(Ord. 2039 § 3 (part), 10-13-98)
5.05.120 Applicability—Overhead structure.
Only those advertising displays, on premise signs, overhanging signs, banners, and decorations, which are described and permitted by Section 11.31.060* shall be considered eligible for the issuance of an encroachment permit.
(Ord. 2039 § 3 (part), 10-13-98)
* Code reviser’s note: Former Chapter 11.31, Signs, is no longer codified. For current provisions pertaining to signs, please contact the city. For your convenience, click here to view a PDF version of former Chapter 11.31.
5.05.130 Height—Banners and decorations.
Temporary banners or street decorations across the public right-of-way shall not be less than eighteen feet above the highest portion of the highway surface over which the banner or street decoration extends.
(Ord. 2039 § 3 (part), 10-13-98)
5.05.140 Application—Overhead structure.
No encroachment permit shall be issued except upon a written application filed with, and upon a form prescribed by the department of public works.
(Ord. 2039 § 3 (part), 10-13-98)
5.05.150 Denial of permit—Overhead structure.
A. The application for an encroachment permit for an overhead structure shall be denied if the director of public works shall find that the maintenance of the structure shall tend to obstruct passage along any public way, create a hazard, or otherwise be detrimental to the public safety, welfare or convenience.
B. Before approval, the application will be circulated to the department of community development, building and safety, and business license. The permit application may be denied if any of these departments object to the granting of this permit.
(Ord. 2039 § 3 (part), 10-13-98)
5.05.160 Permit revocation—Denial of renewal—Overhead structure.
A. Any encroachment permit for overhead structures may be revoked or the renewal thereof denied by the public works director for any violation of any of the provisions of this chapter, for any fraud or misrepresentation in the application, or for any reason which would have been grounds for the denial of the application.
B. Upon revocation or denial of renewal, the overhead structures must be removed within thirty days after notification by the public works director.
(Ord. 2039 § 3 (part), 10-13-98)