Laguna Niguel City Council
March 17, 2026

To:

FROM:

DATE:

SUBJECT:

CITY OF LAGUNA NIGUEL

CITY COUNCIL AGENDA ITEM
Honorable Mayor and Council Members
Stacey Chavez, Deputy City Clerk
Marissa J. Asistin, City Clerk
Justin J. Martin, Assistant City Manager
March 17, 2026
Recodification of the Laguna Niguel Municipal Code - Title 7 Updates

RECOMMENDATION
Staff recommends that the City Council review and provide direction regarding the recodification of the Laguna Niguel Municipal Code - Title 7.

BACKGROUND
The Laguna Niguel Municipal Code ("Code") was originally adopted in 1989, coinciding with the City of Laguna Niguel's ("City") incorporation. Since that time, individual ordinances have been adopted and amended; however, a comprehensive recodification of the entire Code has not been completed in 35 years. As a result, portions of the Code have become outdated and inconsistent with current state law, City practices, and modern formatting standards .

Following a Request for Proposal, the City entered into an agreement with American Legal Publishing in late 2023 to update and recodify the Laguna Niguel Municipal Code.

American Legal Publishing's legal department performed a comprehensive technical, legal, and editorial analysis of the existing Laguna Niguel Municipal Code. The analysis included a statutory and case law comparison to identify conflicts, inconsistencies, preemptions, and other potential problems, as well as a review for internal discrepancies such as duplications, ambiguities, and obsolete terminology. Staff also worked with the City Attorney's Office to identify additional revisions, refine proposed language, and ensure that all updates accurately reflect current City practices, organizational structure, and applicable state law.

The recodification of the Laguna Niguel Municipal Code fulfills Goal 5 Strategy 8:

Comprehensive Municipal Code Update, of the City's adopted Strategic Plan.

ANALYSIS
The Laguna Niguel Municipal Code has undergone a comprehensive review by all City departments, the City Attorney's Office and American Legal Publishing, resulting in the restructuring and revision of various provisions throughout the Code's titles.

While subject specific changes have been made in each Code title, non-substantive changes have been made throughout the entire Code.

Non-Substantive changes made throughout the entire Code include: updating city official titles; making grammatical corrections; updating organization and numbering; including gender-neutral language; standardizing cross-references and editor's notes; and, adding legislative history notes.

Updates to individual Code Title 7 were also made as follows:

TITLE 7: HIGHWAYS, RIGHT-OF-WAY AND VEHICLES
Removed Sections 7-1-122
through 7-1-127
Added Subchapter 9 - Surety
Requirements for
Improvements in the Public
Right of Way and/or Public
Property to Chapter 1 -
General Provisions
Revised Section 7-2-12
Added Section 7-3-36
Revised Section 7-3-47
Removes sections because they governed a prior
regulatory framework for bus shelters that is no
longer applicable. As the City Is currently
undertaking a bus shelter project and will assume
ownership of the shelters, the previous provisions
became obsolete and inconsistent with the City's
new ownership and operational model. Removing
these sections eliminates outdated requirements and
avoids conflicts with the updated City practice
moving forward.

Subchapter 9 (Sections 7-1-43 through 7-1-146) was
added to establish a formal surety and warranty
framework that protects the City financially and
legally when private parties perform improvements in
the public right-of-way or on public property.

Updates remove subsection (e) because the manual
is being updated to reflect current City practices and
is no longer in effect in its prior form; and formally
adopts Orange County Public Works Standard Plans
as an approved construction standard, ensuring
regional consistency, enforceability, and automatic
use of the most current edition.

Added to protect newly improved streets by
restricting excavation for a set period as identified by the City Engineer, reducing premature pavement
damage and safeguarding the City's infrastructure
investment.

Updated to remove outdated, fixed dollar amounts
and per-square-foot formulas and instead bases
restoration cost estimates on the total projected cost
Revised Section 7-3-49
Revised Section 7-3-60
Revised Section 7-3-70
Revised Section 7-4-102
Revised Section 7-4-203
Revised Section 7-4-603
Revised Section 7-4-606
Revised Section 7-4-607
Page3
of providing resurfacing or repair services. The
update modernizes the provision to reflect current
construction pricing and administrative practices
while maintaining bonding and financial security
requirements.

Update removes the 15% cost cap to eliminate an
inflexible limit on administrative or inspection
charges and allow the City to recover its full actual
costs.

Updates were made to require full-width, contiguous
resurfacing and formal pavement evaluations in
order to prevent patchwork repairs, protect roadway
integrity, and ensure long-term pavement quality.

Updated an obsolete State Standard Specification
reference to the current California Standard
Specifications (§ 19-3) and added language ensuring
future automatic updates for continued accuracy and
enforceability.

Addition of the term "Recreation Vehicle" was added
to adopt the State's statutory definition of a
recreational vehicle, ensuring consistency, clarity,
and stronger legal enforceability.

Language was added to clarify and formalize the City
Council's authority to delegate certain temporary
traffic control decisions to the City Manager,
ensuring administrative flexibility while maintaining
Council oversight and aligning the section with
current operational practices.

Updates were made to strengthen and clarify
regulations on RVs, large vehicles, repairs, and
parking permits in order to prevent long-term street
storage, improve neighborhood quality, and ensure
consistent enforcement.

Updates were made to clarify overnight restrictions,
strengthen large-vehicle controls in residential areas, and balance enforcement with practical service and
loadinQ exceptions .

Updates were made to standardize formatting and
align residential area terminology with the California
Vehicle Code for clarity and leQal consistency .

Revised Section 7-4-801 Update incorporates the definition of abandoned, wrecked, dismantled, or inoperative vehicles,
ensuring consistency with state law and providing
clear authority to regulate and address such
vehicles.

Revised Citation Citation in Section 7-4-102 has been revised to reflect the correct reference to the California Streets and HiQhwav Code.

Updates to Title 7 of the Laguna Niguel Municipal Code (Attachment A) are intended to maintain clarity, consistency , and alignment with current law and City practices. These updates demonstrate the City's ongoing commitment to maintaining an efficient, transparent, and accessible municipal code.

FISCAL REVIEW
There is no fiscal impact as a result of this report.

LEGAL REVIEW
No legal review is required for this report. Staff has worked closely with the City Attorney's Office on the Municipal Code update and recodification project.

CONCLUSION
Staff recommends that the City Council review and provide direction regarding the recodification of the Laguna Niguel Municipal Code - Title 7. ~~ Tamara S. Letourneau
City Manager n y Manager
' \
Scott C. Smith
City Attorney
Attachment:

A Title 7 Updates: Highway, Rights-of-Way and Vehicles

ATTACHMENT A
Title 7 Updates: Highways, Rights-Of-Way and Vehicles
Laguna Niguel, California, Code of Ordinances
TITLE 7 HIGHWAYS, RIGHTS-OF-WAY AND VEHICLES

TITLE 7

HIGHWAYS, RIGHTS-OF-WAY AND VEHICLES
Chapter 1. General Provisions
Chapter 2. Highway, Flood Cont rol and Recreational Facilities Planning
Chapter 3. Improvement, Construction and Repair of Streets Chapter 4. Traffic Ordinances
Chapter 5. Flood Control and Drainage

Chapter 1 GENERAL PROVISIONS
Subchapter 1. Appurtenant Construction, §§ 7-1-1—7-1-55 Subchapter 2. Obstructions, §§ 7-1-56—7-1-68
Subchapter 3. Signs and B illboards, §§ 7-1-69, 7-1-70 Subchapter 3.5. Advertising on Pa rked Vehicles, §§ 7-1-71—7-1-89 Subchapter 4. Newsrack Regulati ons Generally, §§ 7-1-90—7-1-109 Subchapter 5. Contents of Newsracks, §§ 7-1-110—7-1-119 Subchapter 6. Bus Passenger Shelters and Benches, §§ 7-1-120—7-1- 134
Subchapter 7. Private Streets, § 7-1-135—7-1-139
Subchapter 8. Regulation of Comm unication Facilities in the Public Rights-of-Way, § 7-1-140—7-1-142
Subchapter 9. Surety Requirements for Improvements in the Public Right of Way and/or Public Property, §§ 7-1-143 – 7-1-
146

SUBCHAPTER 1. APPURTENANT CONSTRUCTION
§ 7-1-1 Definitions.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Highway. Any public highway, public street, public way or public place in the city which has been acquired by the city by purchase, dedication or condemnation proceedings.

Person. Any individual, firm, copartnership, joint adventure, association, corporation, estate, trust, business trust, this state, any county and any city, including this city, and all departments and bureaus thereof excepting the department of public works of the city, or any other group or combination acting as a unit.

Public. The United States or any department or agency thereof, the state or any department or agency thereof, or any county, municipal corporation or public district.

(Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-2 Permit required.

It shall be unlawful for any person to lay, construct or repair any curb, sidewalk, gutter, driveway, roadway surface, retaining wall or storm drain or culvert in, over, along, across or through any highway without first obtaining a permit therefor from the director of public works as provided in this subchapter. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-3 Reserved.
§ 7-1-4 Exemption from deposit and permit fee for public agencies. (A) If the United States, this state, any county, this or any other municipal corporation, or any school district or other public agency files with the director of public works a written guarantee of payment of all costs for which it may become liable to the city under this subchapter, then no deposit for costs shall be required from such person.
(B) No permit issuance fee shall be required of any public agency entitled to exemption therefrom pursuant to California Government Code § 6103.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-5 Hold harmless agreement.

On each application for a permit under this subchapter, the applicant shall sign a statement that they agrees to preserve and save harmless the city and each officer and employee thereof from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under any permit granted pursuant to the application. (Ord. 90-11, § 6, passed 3-6-90)
§§ 7-1-6—7-1-10 Reserved.
§ 7-1-11 Application for permit.

An applicant for a permit under this subchapter shall state in his application:
(A) The location, nature and extent of the work to be performed; (B) The materials to be used; and
(C) Such other information, including plans and specifications, as the director of public works may require. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-12 Authority to require changes in application.

The director of public works may require such changes in the application for a permit under this subchapter respecting the location, dimensions, and method or manner of construction, installation or repair as may

reasonably be necessary for the protection of the highway or the prevention of undue interference with traffic, or to ensure the safety of persons using the highway.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-13 Payment of fees.

An applicant for a permit to construct any work under this subchapter shall pay fees for processing, engineering and inspection as established by resolution of the city council. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-14 Refund of fees.
(A) Effective permit.
(1) The engineering and inspection costs provided for in § 7-1-13 shall be presumed to be the actual cost. (2) A refund thereof shall not be made to any applicant, unless:
(a) The inspection or engineering fee was erroneously collected, in which case the entire amount may be returned; or
(b) The driveway or culvert is not co nstructed or installed, in which event the applicant may apply for a refund of the unused fees less a charge of $1.50 for any final inspection which may be made. Where a deposit has been made, the director of public works shall deduct from the deposit the actual cost to the city of the required engineering and inspection plus the cost of overhead, not to exceed 15% of the total cost. If such cost, including overhead, is less than the deposit, the difference shall be refunded to the person making the deposit in the same manner as provided by law for the repayment of trust moneys. Nothing in this division (A)(2)(b) shall be construed as authorizing the repayment of any issuance fee.
(B) Cancelled permit. When a permit has been cancelled by the director of public works, the permittee may obtain a refund of any unused fee paid or deposited. No part of any issuance fee may be refunded. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-15 Recovery of costs in excess of deposit.

If the cost to the city as provided in § 7-1-14 exceeds the deposit, the permittee shall, upon demand by the director of public works, pay the excess to the city. If payment is not made within 15 days after such demand, the city may recover the amount in any court of competent jurisdiction. Until such amount is paid, further permits under this subchapter shall not be issued to such permittee. (Ord. 90-11, § 6, passed 3-6-90)
§§ 7-1-16—7-1-20 Reserved.
§ 7-1-21 Inspection of residential driveways.
(A) Inspection by a noncity governmental agency. The director of public works shall issue, without any inspection fee or deposit therefor, a permit to construct a residential driveway if the applicant for such permit pays the issuance fee and submits satisfactory evidence to the director of public works that the driveway will be

inspected by a competent governmental agency other than an agency of the city, and such governmental agency will furnish a certificate to the effect that the portion of the driveway installed in the public right-of- way was inspected and complies with minimum standards required by the city. (B) City inspection. If an applicant receives a permit pursuant to the provisions of division (A) above and the governmental agency referred to in that division (A) fails to make the inspection or fails to file the certificate there provided for within four months of the issuance of the permit, the director of public works may himself inspect the driveway, in which case the applicant shall pay to the director of public works the actual cost of such inspection.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-22 Submission of plans.

If, in the opinion of the director of public works, the work proposed to be done under this subchapter requires the making of plans or the setting of stakes, or both, the director of public works may require the application to be accompanied by the necessary plans, which plans shall be prepared by a competent engineer. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-23 Issuance of permit.

If the applicant complies with every provision of this subchapter and with all applicable provisions of all other ordinances and statutes, the director of public works shall issue to the applicant a written permit to perform the work set forth in the application.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-24 Time limit for commencing work; completion of work.

Every permittee under this subchapter shall commence the proposed work within 60 days after the granting of the permit and thereafter prosecute the work to completion in a diligent and workmanlike manner. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-25 Cancellation of permit.

The director of public works may cancel a permit issued under this subchapter unless the work authorized therein is commenced within 60 days of the issuance of the permit and thereafter, in the opinion of the director of public works, is diligently prosecuted to completion. Cancellation may be effected by giving written notice thereof by sending the notice to the applicant by ordinary mail to the address shown on the application. (Ord. 90-11, § 6, passed 3-6-90)
§§ 7-1-26—7-1-30 Reserved.
§ 7-1-31 Relocation of plants and structures.

If so required by the director of public works, a permittee under this subchapter shall make proper arrangements for and bear the cost of relocating any structure, public utility, tree or shrub, where such relocation is made necessary by the proposed work for which a permit is issued. The director of public works may elect to do

the necessary relocation, in which event the permittee shall deposit with the director of public works a sum of money estimated by them to be sufficient to pay the cost thereof. After such relocation, a refund shall be paid to or a deficiency shall be paid by the permittee as provided in §§ 7-1-14 and 7-1-15. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-32 Specification of lines, grades and types of materials.

Before a permittee performs any work covered by this subchapter, he shall obtain from the director of public works the lines and grades thereof. Where the work proposed to be done consists of or includes the laying or constructing of a culvert in or upon a highway, the director of public works may specify in any permit issued therefor the size, the type of material and the grade of the culvert. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-33 Conformance with plans and city standards; waiving of inspection. (A) A permittee under this subchapter shall perform all wo rk in accordance with the plans, if plans are made, and specifications referred to in the permit, and to the satisfaction of and under the supervision of the director of public works. In addition, all work to be performed in, upon or across highways shall be in accordance with and conform to the standards established by Title 7, Chapter 2, Subchapter 2. (B) The director of public works may waive inspection if they believe such inspection is not necessary for the best interests of the city.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-34 Setting of additional stakes.

If any stakes set for any work covered by this subchapter are disturbed or destroyed and it becomes necessary to set additional stakes, the permittee shall deposit a sum estimated by the director of public works to be sufficient to pay the cost of setting such additional stakes. The director of public works shall set the additional stakes. After such setting, a refund shall be paid to or a deficiency shall be paid by the permittee as provided in §§ 7-1-14 and 7-1-15.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-35 Notification of director of public works prior to commencement of work.

Not less than 18 hours before the commencement of any work covered by this subchapter, the permittee shall apply in writing to the director of public works for an inspector therefor. In such application, they shall specify the day and hour when, and the location at which, the work will be commenced. (Ord. 90-11, § 6, passed 3-6-90)
§§ 7-1-36—7-1-40 Reserved.
§ 7-1-41 Safety and warning devices.

A permittee under this subchapter shall place and maintain adequate warning signs, lights and devices conforming to the uniform sign chart of the California division of highways and the city’s manual of warning signs,

lights and devices, throughout the length of the work and at each end of the project, until the work is completed to the satisfaction of the director of public works. The permittee shall take such other precautions as may be necessary for the protection of the traveling public. The director of public works may, as a condition of the issuance of a permit, specify additional signs or warning devices or measures to be used by the permittee, but the failure of the director of public works to so specify the signs, devices or measures shall not relieve the permittee of his obligation under this section.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-42 Notification of director of public works on completion of work.

Whenever any permittee under this subchapter has completed any work for which a permit has been granted, they shall so notify the director of public works in writing. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-43 Certificate of acceptance.

If the director of public works, by survey or by inspection or by both, ascertains that the work covered by this subchapter has been completed according to the requirements of the permit issued therefor and of all of the provisions of this subchapter, they shall issue, if requested so to do by the permittee, a certificate of acceptance, which shall contain a statement of the location, nature and extent of the work performed under the permit. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-44 Removal of material and debris.

A permittee under this subchapter shall remove all material and debris:
(A) Where new work is covered with earth, in accordance with the terms of the specifications attached to the permit; and
(B) In all other cases, within three days.
(Ord. 90-11, § 6, passed 3-6-90)
7-1-45 Violation of terms of permit.

Every person who performs any work covered by this subchapter in any amount greater than or in any way different from or contrary to the terms of any permit issued therefor is guilty of a misdemeanor. (Ord. 90-11, § 6, passed 3-6-90)
§§ 7-1-46—7-1-55 Reserved.

SUBCHAPTER 2. OBSTRUCTIONS

§ 7-1-56 Deposit of clay or mud on street.
(A) Creation of hazard. It shall be unlawful for any person to place, track or otherwise deposit clay or mud debris of any sort in any manner on the paved or traveled surface of any city road or public highway or street, which creates a hazard to traffic thereon.
(B) Removal. The director of public works has the right to remove the clay or mud debris, and thereupon submit a statement of the cost of such removal to such person or their employer, employee or agent, and such person, employer, employee or agent shall pay such cost to the city. (C) Action to recover cost. The city may bring an action against such person or their employer, employee or agent to recover the cost of such removal by the director of public works and for costs of the suit. (D) Injunction. The city may bring an action to enjoin any continued such placing, tracking or otherwise depositing by such a person or their employer, employee or agent, and for costs of the suit. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-57 Deposit of oil or petroleum products on street.

It shall be unlawful for any person to place, put, turn or deposit into or upon any public highway, street or alley within the city any oil or liquid of petroleum content, or to permit any such oil or liquid of petroleum content to escape from any property owned or controlled by such person so as to flow into or upon any such public highway, street or alley.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-58 Permitting water to run over street.

It shall be and is hereby declared unlawful for any person to run or to allow to run upon any highway or street or right-of-way thereof any irrigation, waste or other water, provided that such water may be allowed to run upon or in any drain ditch along the side of such highway or street or right-of-way thereof if the water does not fill or overflow such ditch or run upon or percolate under the base of the paved or traveled portion of such highway or street.
(Ord. 90-11, § 6, passed 3-6-90)
§§ 7-1-59—7-1-68 Reserved.

SUBCHAPTER 3. SIGNS AND BILLBOARDS
§ 7-1-69 Permit required for signs encroaching on right-of-way; minimum standards. (A) No person shall erect, construct, place or maintain any signboard, billboard, sign or advertisement in, over or on any public highway or street of the city unless a permit to do so has been obtained in writing from the director of public works, on such conditions as the director of public works may determine to ensure the safety of persons traveling upon such highway or street, on the following minimum standards. (1) Single-faced signs. Single-faced signs placed flat against and supported by a building shall not extend over the right-of-way if less than eight feet above the right-of-way grade; at a height of eight feet or more, such a sign shall not overhang the right-of-way more than 12 inches.

(2) Double-faced signs. Double-faced signs supported by a building shall not extend further over the right- of-way than allowed under the following ratio:

For an overhang up to: The sign must be above the right-of-way:
6 inches 7 feet
12 inches 8 feet
24 inches 10 feet
36 inches 12 feet
48 inches 14 feet
60 inches 16 feet

(3) Extension limit. In no event shall any sign extend further than the face of any curb in front of any building.
(B) The permit described in this section is not in lieu of a building permit or any other permit required by any other applicable law.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-70 Reserved.

SUBCHAPTER 3.1. ADVERTISING ON PARKED VEHICLES1
§ 7-1-71 Purpose of subchapter.

The purpose of this subchapter regulating the use of parked vehicles for the primary purpose of advertising is to promote traffic safety, to maximize the availability of city, county and state highway parking for use by the general public and to promote the aesthetic appearance of city, county and state streets and highways and adjacent properties.
(Ord. 90-11, § 6, passed 3-6-90; Ord. 90-28, § 1, passed 9-18-90)

§ 7-1-72 Definitions.

For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. Unless the context otherwise requires or a different definition is specified, all terms used in this subchapter shall have the meaning set forth in the California Vehicle Code.

Advertising signs. includes but is not limited to, any kind of display, printing, writing or banner for the primary purpose of advertising the sale, purchase or promotion of a product, business or service. (Ord. 90-11, § 6, passed 3-6-90; Ord. 90-28, § 1, passed 9-18-90)

§ 7-1-73 Prohibited acts.

No person shall park any vehicle on a public or private street, a parking lot or any public property or off- street parking facility with any advertising sign painted on, affixed to or resting on the vehicle. (Ord. 90-11, § 6, passed 3-6-90; Ord. 90-28, § 1, passed 9-18-90) § 7-1-74 Exemptions from subchapter.

The following shall be exempted from this subchapter:
(A) Vehicles displaying signs , decals or other inscriptions mandated or expressly authorized by statute or city ordinances, but only to the extent such signs, decals or other inscriptions are expressly authorized or mandated;
(B) Signs permanently affixed to commercial vehicles while engaged in the ordinary business for which they are registered or maintained; provided, however, that a commercial vehicle parked in the same space for more than four hours shall be presumed not engaged in its ordinary business; (C) Taxicabs while engaged in the ordinary course of business; (D) Vehicles owned by public agencies;
(E) Vehicles operated by entities subject to the ju risdiction of the California public utilities commission; and
(F) Vehicles parked within 300 feet of the resid ence of the registered owner of the vehicle. (Ord. 90-11, § 6, passed 3-6-90; Ord. 90-28, § 1, passed 9-18-90)

§ 7-1-75 Violation of subchapter.
(A) Any person violating this subchapter shall be guilty of an infraction. (B) Any person violating this subchapter more than one time in a 12-month period shall be guilty of a misdemeanor for the second and subsequent violations.
(Ord. 90-11, § 6, passed 3-6-90; Ord. 90-28, § 1, passed 9-18-90) §§ 7-1-76—7-1-89 Reserved.

SUBCHAPTER 4. NEWSRACK REGULATIONS GENERALLY
§ 7-1-90 Definitions.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Newsrack. Any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers or news periodicals.

Parkway. The area between the sidewalks and the curb of any street, and where there is no sidewalk that area between the edge of the roadway and the property line adjacent thereto. The term "parkway" also includes any area within a roadway which is not open to vehicular travel.

Roadway. The portion of a street improved, designed or ordinarily used for vehicular travel.

Sidewalk. Any surface provided for the exclusive use of pedestrians.

Street. All that area dedicated to public use for public street purposes, and includes but is not limited to roadways, parkways, alleys and sidewalks.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-91 Encroachment on roadway, sidewalk or parkway.
(A) No person shall install, use or ma intain any newsrack or other structure which projects onto, into or over any part of the roadway of any public street, or which rests, wholly or in part, upon, along or over any portion of the roadway of any public street.
(B) No person shall install, use or ma intain any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway, when such installation, use or maintenance endangers the safety of persons or property, or when such site or location is used for public use, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near the location, or when such newsrack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-92 Installation standards; advertising; maintenance.

Any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway shall comply with the following standards:
(A) No newsrack shall exceed five feet in height, 30 inches in width or two feet in thickness. (B) Newsracks shall only be placed near a curb or adja cent to the wall of a building. Newsracks placed near the curb shall be placed no less than 18 inches and no more than 24 inches from the edge of the curb.

Newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six inches from the wall. No newsrack shall be placed or maintained on the sidewalk or parkway opposite a newsstand or another newsrack.
(C) No newsrack shall be chained, bolted or otherwise attached to any property not owned by the owner of the newsrack, or to any permanently fixed object.
(D) Newsracks may be chained or otherwise attached to one another; however, no more than three newsracks may be joined together in this manner, and a space of no less than 18 inches shall separate each group of three newsracks so attached.
(E) No newsrack or group of a ttached newsracks allowed under division (D) above shall weigh, in aggregate, in excess of 125 pounds when empty.
(F) Notwithstanding the provisions of § 7-1-91(B), no newsrack shall be placed, installed, used or maintained:
(1) Within three feet of any marked crosswalk;

(2) Within 15 feet of the curb re turn of any unmarked crosswalk; (3) Within three feet of any fire hydrant, fire call box, police call box or other emergency facility; (4) Within three feet of any driveway;
(5) Within three feet ahead of and 15 feet to the rear of any sign marking a designated bus stop; (6) Within three feet of any bus bench;
(7) At any location whereby the clear space for the passage of pedestrians is reduced to less than six feet; and
(8) Within three feet of any area improved with lawn , flowers, shrubs or trees, or within three feet of any display window of any building abutting the sidewalk or parkway or in such manner as to impede or interfere with the reasonable use of such window for display purposes. (G) No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or news periodical sold therein. (H) Each newsrack shall be maintained in a clean, neat and attractive condition and in good repair at all times.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-93 Identification.

Within 30 days after this subchapter becomes effective, every person who places or maintains a newsrack on the streets of the city shall have his name, address and telephone number affixed thereto in a place where such information may be easily seen.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-94 Removal.
(A) Any newsrack installed, used or maintained in violation of the provisions of this subchapter may be summarily removed and stored in any convenient place by the chief of police. The chief of police shall, prior to removal, take reasonable steps to notify the owner thereof. Upon failure of the owner, following notice, to claim such newsrack and pay the expenses of removal and storage within 30 days after such removal, such newsrack shall be deemed to be unclaimed property in possession of the police department and may be disposed of pursuant to law.
(B) In the case of violations of this subchapter relative to restrictions upon attachment of newsracks to property other than that owned by the owner of the newsrack, to fixed objects or to each other, and upon location of newsracks, the chief of police may, as an alternative to removal under division (A) above, remove such attachment or move such racks in order to restore them to a legal condition. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-1-95 Abandonment.

If any newsrack installed pursuant to this subchapter is not serviced with the publication it is designed to disseminate for a period of over seven days, the city reserves the right to remove the newsrack pursuant to the procedure set out in § 7-1-94. For purposes of this section, abandonment shall include but is not limited to circumstances where no publication is in the rack for a period of over seven days.

(Ord. 90-11, § 6, passed 3-6-90)
§§ 7-1-96—7-1-109 Reserved.

SUBCHAPTER 5. CONTENTS OF NEWSRACKS
§ 7-1-110 Definitions.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Newsrack. Any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers or news periodicals.

Parkway. The area between the sidewalk and the curb of any street, and where there is no sidewalk that area between the edge of the roadway and the property line adjacent thereto. The term parkway also includes any area within a roadway which is not open to vehicular travel.

Roadway. The portion of a street improved, designed or ordinarily used for vehicular travel.

Sidewalk. Any surface provided for the exclusive use of pedestrians.

Street. All that area dedicated to public use for public street purposes, and includes but is not limited to roadways, parkways, alleys and sidewalks.
(Ord. 90-11, § 6, passed 3-6-90)

§ 7-1-111 Prohibited displays.

No person shall sell, offer for sale or keep or maintain any newspaper or news periodical in any newsrack on any sidewalk in such manner as to expose to the public view any photograph, cartoon or drawing contained within such publication displaying any of the following:
(A) The genitals, pubic hair, buttocks, natal cleft, perine um, anal region or pubic hair region of any person other than a child under the age of puberty; or
(B) Any portion of the breast, at or below the areola thereof, of any female person, other than a child under the age of puberty.
(Ord. 90-11, § 6, passed 3-6-90)

§§ 7-1-112—7-1-119 Reserved.

SUBCHAPTER 6. BUS PASSENGER SHELTERS AND BENCHES

§ 7-1-120 Bus shelters and benches prohibited.
(A) No person shall erect, place, construct or maintain a bus shelter or a bus bench on any highway in the city.

No encroachment permit, or similar type of permit, shall be issued which allows the erection, placement, construction, or maintenance of any bus shelter or bus bench on any highway in the city. (B) Notwithstanding anything in this subchapter to the contrary, the city may erect, place, construct, and maintain on any highway in the city bus shelters or bus benches which do not have commercial advertising. (Ord. 93-67, § 2, passed 9-7-93)
§ 7-1-121 Definitions.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates requires a different meaning.

Bus bench or bench. A seat located upon a highway for the comfort, convenience and accommodation of passersby or persons awaiting transportation.

Bus shelter or shelter. A covered waiting area located upon a highway, often semi-enclosed, with a bench, that provides protection from sun, wind and rain for passersby or persons awaiting transportation.

Director. The director of public works, and includes those employees of the public works department authorized to act for the director.

Encroachment permit or permit. Prescribed written approval for placement of shelters and benches on a highway. Master permit is an annual permit form used for setting forth all requirements and conditions for approval. Permit rider is that form used for approval of each shelter or bench location subject to conditions of master permit.

Highway. All or any part of the entire width of right-of-way of any highway located in the city, whether or not such entire area is actually used for highway purposes. (The term Highway as used in this definition is more specifically defined in § 7-1-1 of this Code.) Person. includes, but is not limited to, individuals, partnerships, corporations and associations. (Ord. 93-67, § 2, passed 9-7-93)
§ 7-1-122 Bus shelters and bus benches allowed pursuant to agreement. (A) Notwithstanding anything in this subchapter to th e contrary, bus shelters, including bus shelters with advertising, and bus benches may be erected, placed, constructed, and maintained on any highway in the city when said bus shelters or bus benches have been erected, placed, constructed, or maintained pursuant to a written agreement between the owner of said bus shelters and bus benches and the city. (B) Any such agreement shall include, but not be limited to, the following: the authorized number of bus shelters and bus benches, the location of bus shelters, fees to be paid to city by the owner for the bus shelters, the design of bus shelters and bus benches, maintenance of bus shelters and benches, allowance of advertising on bus shelters, relocation or removal of bus shelters, surety and liability insurance requirement for the bus shelters.
(Ord. 93-67, § 2, passed 9-7-93)

§ 7-1-123 Applicability of subchapter.

The provisions of this subchapter are applicable to all areas included in the City, including all of the areas that are subject to regulations in planned community or specific plan texts; and to the extent that there are any conflicts between the regulations contained in any planned community or specific plan texts and the provisions of this subchapter, the provisions of this subchapter shall supersede the provisions in the planned community or specific plan text.
(Ord. 93-67, § 2, passed 9-7-93)
§ 7-1-124 Location, type, numbers and priorities for placement of shelters and benches. (A) Shelters and/or benches shall be located only at appr oved public transportation stops, including school bus stops.
(B) Shelters and/or benches shall be in stalled only at locations where a curb separates the travelway from the sidewalk or parkway. Shelters and/or benches shall be set back from the face of curb a distance not less than 18 inches and such that an unobstructed minimum pedestrian travelway of four feet will be provided. (Ord. 93-67, § 2, passed 9-7-93)
§ 7-1-125 Restrictions on bus shelter advertising.

When bus shelters with advertising are allowed by the provisions of this subchapter, such shelters shall only be used for advertising material and public service announcements. There shall be no advertising which promotes or illustrates a tobacco product or alcoholic beverage product. There shall be no advertising which depicts any act of immoral, violent, or debasing nature. There shall be no advertising that uses words, phrases, symbols, or characters that resemble traffic signals, such as the words "Stop," "Drive-In" or "Danger," or any other word, phrase, symbol, or character which might interfere with, mislead, or direct vehicular traffic. (Ord. 93-67, § 2, passed 9-7-93)
§ 7-1-126 Fees for location of shelters and benches on public right-of-way. (A)(1) The owner or person responsible for the erection, placement, construction and maintenance of any bus shelter or bench that is erected, placed, constructed, or maintained on any highway in the city shall pay fees for each such bus shelter or bus bench.
(2) The amount of said fees shall be established by either or both of the following:
(a) By a written agreement between the owner and the city pursuant to § 7-1-120; and (b) By the adoption of a fee schedule by the city council. (B) As to bus shelters or bus benches that were erecte d, placed, constructed and/or maintained prior to the amendment of this subchapter in August 1993, the owner or person responsible for the erection, placement, construction and maintenance of any such bus shelter and/or bus bench shall be responsible for paying fees for each bus shelter or bus bench for the time that said shelter or bench was located on city highways, and that obligation to pay fees shall remain in existence even after the shelter or bench is removed. (Ord. 93-67, § 2, passed 9-7-93)

§ 7-1-127 Removal and impounding of shelters and benches.

Upon the expiration or revocation of any permit rider, the permittee shall forthwith remove such shelter or bench from the highway. The director may give the permittee ten days' notice to remove the shelter or bench and upon his failure to do so may remove and store the shelter or bench pending recovery thereof by the permittee, or its sale, destruction or other disposition, as hereinafter provided. The director shall store the shelter or bench for at least 30 days after its removal during which time the permittee may recover the shelter or bench by paying the city for the cost of such removal and storage. Said costs shall not exceed $300.00 a month per shelter and $100.00 a month per bench for removal and storage. At the expiration of said 30-day period, the director shall salvage such structure for public use on public property, or they may have it destroyed. All of the foregoing shall be at the sole risk of the permittee and shall be in addition to any other remedy which the city may have by law. (Ord. 93-67, § 2, passed 9-7-93)
§ 7-1-1282 Interference with shelters and benches.
(A) It shall be unlawful for any person, with the exception of an authorized city official, or the permittee or their agent, to tamper with or move any shelter and/or bench lawfully placed upon a highway pursuant to the provisions of this subchapter.
(B) It shall be unlawful for any person to injure, deface or commit acts of vandalism upon any shelter and/or bench lawfully placed upon a highway, pursuant to the provisions of this subchapter. (Ord. 93-67, § 2, passed 9-7-93)
§ 7-1-1293 Enforcement.

The director shall enforce the provisions of this subchapter. (Ord. 93-67, § 2, passed 9-7-93)
§§ 7-1-124—7-1-134 Reserved.

SUBCHAPTER 7. PRIVATE STREETS
§ 7-1-135 Procedure for naming or change of name.

Whenever the city council finds that a name should be adopted or that the existing name of any private street should be changed, the city council shall hold a public hearing on the proposed name for or the change of name of such street. Notice of such hearing shall be given by posting notice in at least three public places along the street proposed to be affected, with such posting to be complete at least ten days before the day set for the hearing. At the time set for the hearing or at any time to which the hearing may be continued, the city council shall hear and consider proposals to adopt a name for or change the name of the street mentioned in the notice and objections to such proposal. At or after the conclusion of the hearing, the city council may adopt a name for or change the name of such street, and upon the adoption or change thereof shall make an order and file the order with the city council officially designating the name for such street. Thereafter such street shall be known by the name so designated.
(Ord. 90-11, § 6, passed 3-6-90)

§§ 7-1-36—7-1-39 Reserved.

SUBCHAPTER 8. REGULATION OF COMMUNICATION FACILITIES IN THE PUBLIC

RIGHTS-OF-WAY
§ 7-1-140 Compliance with the city policy regarding permitting requirements and development standards for communication facilities within the public rights-of-way.

Notwithstanding any provision of the Code to the contrary , all communication facilities that qualify as "small wireless facilities " under 47 C.F.R. § 1.6002(1) , as may be amended or superseded , that are proposed to be located within the city, including any public rights of way , are subject to the requirements of the "Policy Regarding Permitting Requirements and Development Standards for Communication Facilities Within the Public Rights-Of- Way", as adopted by city council resolution and amended from time to time, and all such communication facilities must comply with that policy.
(Ord. 2022-218, § 2, passed 8-2-22)
§ 7-1-141 Violations.

Failure to comply with the policy regarding permitting requirements and development standards for communication facilities within the public rights-of-way constitutes a violation of this subchapter and this Code.

Any violation shall be and hereby is declared a public nuisance and may be subject to summary abatement and citations as set forth the Code, remedies provided under the California Code of Civil Procedure § 731; the California Government Code § 38773; and/or any other remedy available to the city. (Ord. 2022-218, § 2, passed 8-2-22)
§ 7-1-142 Conflicting provisions superseded.

The provisions of this subchapter shall govern and supersede any conflicting provisions of this Code with respect to the permitting and regulation of such communication facilities within the city, including communication facilities in the public rights-of-way.
(Ord. 2022-218, § 2, passed 8-2-22)
SUBCHAPTER 9. SURETY REQUIREMENTS FOR IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY

AND/OR PUBLIC PROPERTY
§ 7-1-143 Surety.

Any improvement within a public right-of-way or public property is subject to a surety requirement to guarantee the performance as well as the labor and material cost of the improvement(s) if the City Engineer determines that the total cost of the project, including labor and materials, exceeds $25,000.00 in value, or where the City Engineer determines that the proposed work poses a hazard to public safety, adjoining property or city infrastructure if left incomplete. The amount of the surety shall be 100% of the total estimated cost of performance and an additional 100% of the total estimated cost of labor, materials and equipment. The surety may be in the form of a cash deposit, letter of credit, bond or other security acceptable to the City Engineer and City Attorney as outlined below:

(A) A bond or bonds by one or more duly authorized corporate sureties in the form prescribed by the Subdivision Map Act (California Government Code § 66410 et seq.);

(B) A deposit, either with the city or a responsible escrow agent or trust company selected by the city, of cash or negotiable bonds of the kind approved for securing deposits of its public monies;

(C) An irrevocable instrument of credit or letter of credit from an agency of the state, federal or local government when any agency of the state, federal or local government provides at least 20% of the financing for the portion of the act or agreement requiring security, or from one or more responsible financial institutions regulated by federal or state government and pledging that the funds are on deposit and guaranteed for payment on demand by the city;

(D) A lien upon the property to be subdivided, created by contract between the owner of the property and the city in a form approved by the City Attorney, when the city finds that it is not in the public interest to require installation of the required improvement sooner than two years after the recordation of the map; and

(E) Any other form of security, including security interests in real property, which the Public Works Director shall determine to be acceptable.

§ 7-1-144 Warranty.

Upon completion and acceptance of work in the public right-of-way or public property, the applicant shall provide a warranty to extend one year from the date of acceptance. Said warranty shall be no less than 25% of the initial surety and shall cover defects in materials, workmanship and performance and be in the form of the initial surety or other form as approved by the City Attorney and City Engineer.

§ 7-1-145 Surety Agreement.

Any applicant performing work or installing improvements within the public right-of-way or public property that is subject to a surety shall enter into a surety agreement in a form approved by the City Attorney to guarantee faithful performance of the work. The agreement shall outline the terms and conditions of the surety as well as specifics regarding the warranty period.

§ 7-1-146 Encroachment and/or License Agreement.

At the discretion of the City Engineer, applicants performing work or installing improvements within the public right-of-way or public property shall enter into and record and encroachment or license agreement in a form approved by the City Attorney prior to commencing the work. At a minimum, the agreement shall include indemnification of the city and long-term maintenance responsibilities for the improvements.

Chapter 2 HIGHWAY, FLOOD CONTROL AND RECREATIONAL FACILITIES

PLANNING
Subchapter 1. City Roads, §§ 7-2-1—7-2-11
Subchapter 2. Standard Plans and Specifications, §§ 7-2-12—7-2-14

SUBCHAPTER 1. CITY ROADS
§ 7-2-1 City roads defined.

All public roads and highways within the city which have been acquired by the city either by purchase, dedication or condemnation proceedings are hereby declared to be city roads, and all roads and highways that shall hereafter be acquired by either purchase, dedication or condemnation proceedings shall be and remain city roads.
(Ord. 90-11, § 6, passed 3-6-90)
§§ 7-2-2—7-2-11 Reserved.

SUBCHAPTER 2. STANDARD PLANS AND SPECIFICATIONS
§ 7-2-12 Adoption of plans and specifications.
(A)(1) The documents listed in this section, specific versions of which are adopted by resolution of the city council, except such portions that are deleted, modified or amended by such resolution, are hereby adopted as the standard plans and specifications for the construction, improvement and repair of highways, streets, bridges and flood control and recreational facilities.
(2) At least one copy of these documents shall be on file in the office of the city clerk for examination:
(a) Standard Specifications for Public Works Construction, the most recent edition, published by Building News, Inc;
(b) The following portions of Standard Specifications, Department of Transportation, State of California, the most recent edition:

1. Signals and lighting;

2. Pavement markers; and

3. Bridges.
(c) The portion of Standard Plans, Department of Transportation, State of California, the most recent edition, covering signs, signals and lighting, and that portion covering bridges; (d) California Manual of Uniform Traffic Control Devices, Department of Transportation, State of California, the most recent edition; and
(e) City of Laguna Niguel Traffic Manual.
(e) Orange County Public Works Standard Plans, the most recent edition. (B) The specific sections of the docume nts listed in this section that are included or excluded shall be specified in the resolution.
(Ord. 90-11, § 6, passed 3-6-90; Ord. 2020-204, § 5, passed 3-3-20)

§ 7-2-13 Establishment of plans and specifications by community development department.

Standard plans for the construction, improvement and maintenance of highways, streets, bridges, flood control, landscaping, grading, small drainage structures and irrigation and recreational facilities and for the protection, supervision, management, control or use of such facilities shall, from time to time, be submitted by the director of community development and shall, upon approval and adoption by resolution, be enforced by them, and complied with and adhered to, except as provided by § 7-2-14, by developers, builders, contractors, subcontractors, agents and all others engaged in such construction, improvement or maintenance. Copies of the standard plans shall be available for inspection at the office of the director of community development. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-2-14 Deviation from standard plans and specifications.

In any case where strict adherence to the community development department standard plans and specifications enumerated in § 7-2-13 would be impractical or unreasonable, the director of community development, or their designee may grant such modification or deviation therefrom as will, in accord with good engineering practice and the public health and safety, conform to a plan that will, under the circumstances in such case, be practical and reasonable.
(Ord. 90-11, § 6, passed 3-6-90)
Chapter 3 IMPROVEMENT, CONSTRUCTION AND REPAIR OF STREETS Subchapter 1. General Pr ovisions, §§ 7-3-1—7-3-15
Subchapter 2. Reserved, §§ 7-3-16—7-3-26
Subchapter 3. Excavation, Filling a nd Obstruction of Highways, §§ 7- 3-27—7-3-90
Subchapter 4. Protection During Construction, §§ 7-3-91, 7-3-92

SUBCHAPTER 1. GENERAL PROVISIONS

§§ 7-3-1—7-3-15 Reserved.

SUBCHAPTER 2. RESERVED
§§ 7-3-16—7-3-26 Reserved.

SUBCHAPTER 3. EXCAVATION, FILLING AND OBSTRUCTION OF HIGHWAYS

§ 7-3-27 Definitions.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Highway. Any public highway, public street, public way or public place in the city which has been acquired by the city by purchase, dedication or condemnation proceedings.

Person. Any individual, firm, copartnership, joint adventure, association, corporation, estate, trust, business trust, this state, any county and any city, including this city, and all departments and bureaus thereof except the department of public works of the city, or any other group or combination acting as a unit.

Public agency. The United States or any department or agency thereof; the state or any department or agency thereof; or any county, municipal corporation or public district. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-28 Permit required.

A person who digs up, plows up, removes or breaks the earth, soil, stone, pavement or other surface of or otherwise injures any highway or makes or causes to be made any excavation, or constructs, places upon, maintains or leaves any material or any obstruction or impediment to travel in or upon a highway or installs or maintains or causes to be installed or maintained any tank, pipe, conduit, duct, tunnel or any other installation of any nature across, upon, in or under any highway, unless they shall have first obtained a permit so to do, shall be guilty of a misdemeanor.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-29 Time of filing of application for permit.

Applications for permits under this subchapter shall be filed not less than 48 hours before the work is proposed to be done.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-30 Form and contents of application for permit.
(A) Applications for permits required by this subchapter shall be filed with the director of public works upon printed forms to be prescribed and supplied by them.
(B) The application shall be signed by the applicant and shall state:
(1) The name and address of the applicant;
(2) The location, purpose, extent and nature of the proposed excavation, fill or obstruction; (3) The time during which it is estimated that the excavation, fill or obstruction will exist; (4) That the applicant agrees to indemnify, defend an d save the city and its authorized agents, officers, representatives and employees harmless from and against any and all penalties, liabilities or annoyances or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to the application;

(5) That the applicant agrees that, if any tank, pipe, conduit, duct, tunnel or other installation of any nature or kind placed in the excavation, fill or obstruction for which the permit is issued shall at any time in the future interfere with the use, repair, improvement, widening or change of grade of the highway, the applicant or their successors or assigns, within ten days after the receipt of a written notice from the director of public works to do so, will at their own expense either remove such tank, pipe, conduit, duct, tunnel or other installation, or, subject to the approval of the director of public works, relocate it to a site which may be designated by the director of public works; and (6) Any additional information which the director of public works may deem necessary for the proper disposition of the application.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-31 Submission of plat.

The application for a permit under this subchapter shall be accompanied by a plat showing the location, dimension and nature of the proposed excavation, obstruction or fill, and any other details which the director of public works may require.
(Ord. 90-11, § 6, passed 3-6-90)
§§ 7-3-32—7-3-35 Reserved.

§ 7-3-36 Street Moratoriums.

(A) Excavation moratorium for the preservation of newly constructed, reconstructed, resurfaced, surface sealed streets or any treatment that adds to the structural capacity or life of the pavement.

(B) Street cuts, grinding or opening of a public street that has been newly paved, improved, treated or resurfaced for a period identified by the City Engineer may only be permitted upon a determination by the City Engineer that such work is necessary. If a street designated by the City Engineer is cut for any reasons, the required asphalt repairs shall be completed in accordance with the standards specified by the City Engineer, or their designee. In most cases, the street will need to be entirely resurfaced with a minimum of two-inch overlay from curb-to-curb and may also include extending the resurfaced area parallel to the street as deemed necessary by the City Engineer based on the scope and location of the work.

(C) The City Engineer may, in their discretion, require repair and/or resurfacing activities, allow for an in-lieu payment to cover repair or resurfacing work or adjust resurfacing and/or repair requirements if deemed necessary to protect public safety, maintain street integrity or ensure compliance with applicable standards. The City Engineer, or their designee(s), may impose additional conditions on a permit as necessary to safeguard public safety, ensure compliance with applicable standards or protect city infrastructure.
§ 7-3-37 Submission of proof of right to use highway.

If the applicant for a permit under this subchapter is other than the owner of the underlying fee, each such applicant for a permit shall submit to the director of public works satisfactory proof of the applicant's right to use the highway for the purposes set forth in the application. (Ord. 90-11, § 6, passed 3-6-90)

§ 7-3-38 Authority to require changes in application.

The director of public works may require such changes in the application for a permit under this subchapter respecting the location, dimensions, character or number of the proposed excavations, fills or obstructions as in their opinion may be necessary for the protection of the highway or the prevention of undue interference with traffic, or to ensure the safety of persons using the highway. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-39 Right of city to do resurfacing.

The director of public works may, either at the time of the issuance of a permit or at any time thereafter, elect to do the resurfacing or repair of any highway surface removed or damaged by the proposed excavation or obstruction pursuant to a permit issued under this subchapter. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-40 Reserved.
§ 7-3-41 Fees.

An applicant for a permit for improvement, construction and repair under this subchapter shall pay fees for processing, engineering and inspection as established by resolution of the city council. (Ord. 90-11, § 6, passed 3-6-90)
§§ 7-3-42—7-3-46 Reserved.
§ 7-3-47 Deposit or surety bond for costs of resurfacing. (A) Unless the director of public works shall have authorized the applicant to perform the resurfacing or repair of the surface of any highway which may be removed in part or damaged by the proposed excavation, fill or obstruction, each applicant for a permit under this subchapter shall, in addition to the issuance fee, deposit with the director of public works the estimated cost of resurfacing or repairing the surface of the highway which may be damaged or destroyed. The special deposit required under this section shall in no event be less than $30.00. The estimated cost shall be determined by the director of public works by multiplying the number of square feet of surface which may be damaged, as shown by the application, by the sum of $0.60 per square foot of surfacing. The city council may from time to time change and revise the method of determining the estimated cost. The minimum cost of restoration or repair shall be presumed to be not less than $2.00. based on the total projected costs of providing the resurfacing or repair services. The City Council may from time to time change and revise the methods of determining the estimated cost. (B) In cases where the applicant is gr anted authority to make the repairs required under this subchapter, the director of public works may, in order to ensure the completion of the repairs in a satisfactory manner, require the applicant to furnish a surety bond. Such bond shall be executed by a surety company authorized to transact business in the state and shall be in an amount equal to twice the estimated cost of performing the work authorized; provided, however, that the minimum amount of the bond shall not be less than $1,000.00, and the minimum period shall not be less than one year. The condition of the bond shall be that the applicant will perform the work authorized by any permit issued pursuant to this subchapter in a good and workmanlike manner and to the satisfaction of the director of public works.

(Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-48 General deposit.

In lieu of making the special deposit required by § 7-3-47, the applicant for a permit under this subchapter may make and maintain with the director of public works a general deposit in an amount estimated by the director of public works to be sufficient to pay for the cost of permit issuance fees, inspection fees and expected repairs occasioned by future excavations or obstructions, but not to exceed $500.00. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-49 Computation of costs.

Whenever in this subchapter any costs are to be charged to any permittee and no other method for the calculation thereof is specified, such cost shall be the actual cost, including the proportionate part of the salaries, wages or other compensation of any deputy or employee, plus the cost of overhead. not to exceed 15 percent of the total cost.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-50 Exemption from deposit and fee for public agencies.

If the United States, this state, any county, this or any other municipal corporation, or any school district or other public body files with the director of public works a written guarantee of payment of all costs for which it may become liable to the city under this subchapter, then no deposit for costs shall be required from such person.

No permit issuance fee shall be required of any public agency entitled to exemption therefrom pursuant to the California Government Code § 6103.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-51 Issuance of permit.

If the applicant for a permit under this subchapter complies in all respects with this subchapter and with all other applicable laws, rules, regulations or ordinances of the city or of any other public agency, and pays the fees and deposits required by this subchapter, the director of public works shall approve the application and issue the permit.
(Ord. 90-11, § 6, passed 3-6-90)
§§ 7-3-52—7-3-56 Reserved.
§ 7-3-57 Conditions of permit.

The permit issued under this subchapter shall be subject to the following conditions, which shall be stated thereon.
(A) The permit must be kept at the site of the work and be shown on demand to any authorized representative of the city or any law enforcement officer. (B) The permit shall authorize work to be performed only as to such portion of the highway over which the city has jurisdiction.

(C) All work shall be performed in accordance with the provisions of this subchapter and of all applicable laws, rules and regulations of the city and any other public agency and to the satisfaction of the director of public works.
(D) The permit shall be nontransferable.
(E) The director of public works may cancel the pe rmit unless the work authorized therein is commenced within 60 days of the issuance of the permit and thereafter, in the opinion of the director of public works, is diligently prosecuted to completion. Cancellation may be effected by giving written notice thereof by sending the notice to the applicant by ordinary mail to the address shown on the application.
(F) The director of public works ma y, either at the time of the issuance of the permit or at any time thereafter until the completion of the work, prescribe such additional conditions as he may deem reasonably necessary for the protection of the highway or for the prevention of undue interference with traffic, or to ensure the safety of persons using the highway. (Ord. 90-11, § 6, passed 3-6-90)

§ 7-3-58 Compliance with terms of permit.

A permittee under this subchapter shall not make or cause to be made any excavation, or construct, place upon, maintain or leave any obstruction or impediment to travel, or pile or place any material in or upon any highway, or install or maintain or cause to be installed or maintained any tank, pipe, conduit, duct or tunnel in, upon or under the surface of any highway, at any location or in any manner other than that described in the application as approved by the director of public works, or contrary to the terms of the permit or of any provision of this subchapter.
(Ord. No. 90-11, § 6, 3-6-90)

§ 7-3-59 Filling of excavation or removal of obstruction on completion or work. (A) Immediately upon completion of the work necessitat ing the excavation or obstruction authorized by any permit issued pursuant to this subchapter, the permittee shall promptly and in a workmanlike manner refill the excavation or remove the obstruction to the satisfaction of the director of public works. (B) If any permittee fails or refuses to refill any excava tion which they have made or remove any obstruction which they have placed on any highway, the director of public works may do so, and the applicant shall promptly reimburse the city the cost thereof.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-60 Resurfacing specifications.
(A) Resurfacing after refilling and compacting. After completion of the refilling and compacting of the backfill material in the excavation as specified in § 7-3-70 and the removal of the obstruction, the permittee shall promptly replace, with temporary or permanent patching material, or repair any portion of the highway surface removed or damaged by the excavation, obstruction or construction operations, as specified in this subchapter, to the satisfaction of the director of public works, or the director of public works may at his option elect to do the surfacing or repairing himself.
(B) Permanent repaving. Where the pavement, except Portland cement concrete pavement, or surface has been removed, the permittee shall replace it with a standard repair consisting of either five inches of plant-mixed surfacing or three inches of plant-mixed surfacing over six inches of untreated rock base, except that the

standard repair shall not be less in total thickness than the adjacent pavement or surfacing and except that road-mixed surfacing may be repaired with three inches of plant-mixed surfacing in lieu of the standard repair. Plant-mixed surfacing shall consist of mineral aggregate and liquid asphalt grade SC-6, or grade 200- 300 penetration paving asphalt. If Portland cement concrete pavement is removed, it shall first be sawed at the neat lines of the excavation and subsequently replaced with Portland cement concrete. (C) Tunneling or boring. Excavation of pavement or surfacing on an arterial highway, as shown on the master plan of highways and determined by the director of public works as having been improved with plant-mixed surfacing or Portland cement concrete pavement, will be permitted only when physical conditions make boring or tunneling impossible. All boring and tunneling and placing of conduits, casings and pipelines shall be done in such a manner that the existing driving lanes will not be disturbed. If a casing is installed to receive the conduit or pipeline, all voids between the casing and conduit shall be filled with grout or sand. (D) Replacing entire driving lane. If the surfacing or pavement within the driving lanes of an arterial highway, as shown on the master plan of highways and determined by the director of public works as having been improved with plant-mixed surfacing or Portland cement concrete, is removed or damaged by parallel construction operations, the existing surfacing or pavement of the width of the driving lane for the length of the damaged surfacing shall be removed and replaced, except that such a removal and replacement shall in no case be less than 100 feet in length.
(E) Resurfacing multiple locations within city streets. (1) When resurfacing pavement on any city street, residential, commercial or arterial street, at a minimum, the resurfaced section must extend the width of the driving lane (when multiple driving lanes exist) or the entire street width where only one driving lane exists. For purposes of this section, STREET WIDTH refers from the edge of curb and/or gutter to the other curb and/or gutter. In cases where multiple areas within a street require resurfacing, the resurfacing work shall be completed as a contiguous repair for the entire street width. Individual patches or discontinuous resurfacing shall not be permitted to avoid a patchy appearance and to ensure the structural integrity and smoothness of the road surface. Exceptions to these requirements may be permitted when the distance between areas needing resurfacing are more than 550 feet for arterial and commercial streets and 100 feet for residential streets. All exceptions are subject to engineering evaluations and the written approval of the City Engineer. (2) As an alternative to performing the pavement resurfacing, the applicant may request to pay an in-lieu fee to satisfy this requirement. Payment in-lieu of resurfacing shall be subject to the approval of the Public Works Department and the fee shall be determined in accordance with this chapter. (3) Pre-construction evaluations of the existing pavement conditions shall be conducted, documented and submitted to the city for review and approval prior to commencing work. If a contractor fails to obtain approval of the existing pavement condition evaluation prior to commencing work, resurfacing of all damaged areas within and adjacent to the work area is required. Prior to acceptance of all resurfacing work, a post-construction evaluation shall be conducted by the Public Works Department to ensure compliance with these requirements and to assess the overall quality, smoothness and/or safety of the resurfacing. (4) Any changes to the plans that alter limits of work may invalidate prior approvals of resurfacing limits. Revised resurfacing requirements are subject to approval of the City Engineer. (F) General standards. All materials and construction operations shall conform to the applicable provisions of the city standard specifications.
(Ord. 90-11, § 6, passed 3-6-90)

§ 7-3-61 Payment of costs of resurfacing when work done by city.

If, after the refilling of an excavation, a permittee under this subchapter fails or refuses to resurface or repair that portion of the surface of the highway damaged by him, or if the director of public works has elected to do such resurfacing or repairing, the director of public works shall do so, and the permittee shall be charged with the cost thereof computed by the director of public works as provided in §§ 7-3-47 or 7-3-49, whichever in the judgment of the director of public works will most fairly compensate the city for the expenses incurred by it. (Ord. 90-11, § 6, passed 3-6-90)
§§ 7-3-62—7-3-66 Reserved.
§ 7-3-67 Payment of costs of further repairs.

If, at any time subsequent to the first repair of a surface of a highway damaged or destroyed by any excavation or obstruction in such highway, it becomes necessary again to repair such surface due to settlement or any other cause directly attributable to such excavation or obstruction, the permittee under this subchapter shall pay to the city the cost of such additional repairs made by the director of public works. The cost shall be computed by the director of public works, as provided in §§ 7-3-47 or 7-3-49, whichever in the judgment of the director of public works will most fairly compensate the city for the expenses incurred by it. (Ord. 90-11, § 6, passed 3-6-90)

§ 7-3-68 Trafficway to be kept open.
(A) Trenching for installation across an y intersecting roadway open to traffic shall be progressive. Not more than one-half of the width of a traveled way shall be disturbed at one time, and the remaining width shall be kept open to traffic by bridging or backfilling.
(B) More than one-half of the width of a traveled way shall be disturbed at one time only upon the prior authorization by the city council.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-69 Depth of pipes and conduits.

The shallowest portion of any pipeline or other facility shall be installed not less than 30 inches below the roadway surface, unless otherwise authorized in writing by the director of public works. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-70 Backfilling and cleanup.
(A) General compaction requirements. All backfill replaced in excavations within the road right-of-way shall be compacted until the relative compaction within six feet of the top surface is not less than 90% and below six feet is not less than the adjacent undisturbed soil as determined by the relative compaction test specified in section 6, article b-21, of the state standard specifications§ 19-3 (Structure Excavation and Backfill) of the California Standard Specifications, or as that section may be amended from time to time. (B) Compaction of clayey soils.

(1) Clayey materials shall be define d as a soil containing more than 30% of material which will pass a no. 200 mesh screen. Clayey material replaced as backfill may not be ponded or jetted, but shall be compacted as specified under general compaction requirements by any other suitable method, providing the material is first conditioned by wetting or drying to within 2% of optimum moisture content.
(2) In lieu of backfilling with clayey material, the permittee, at his option, may elect to furnish sandy or granular material, less than 30% of which will pass a no. 200 mesh screen, in which case compaction may be obtained as specified under general compaction requirements. (C) Finishing and cleanup.
(1) After the work has been completed, all debris and excess material from excavation and backfill operations shall be removed from the right-of-way and the roadway left in a neat and orderly condition.
(2) All roadside drainage ditches shall be restored to the original grades, and the inlet and outlet ends of all culverts shall be left free and clear.
(3) All approaches to private driveway s and intersecting highways and streets shall be kept open to traffic at all times.
(4) Excess and nonsurfacing materials which adhere to roadway surfacing as a result of construction operations shall be removed by approved methods to the satisfaction of the director of public works. (Ord. 90-11, § 6, passed 3-6-90)

§ 7-3-71 Deductions from deposit; refund of deposit.
(A) The city shall deduct the following from any deposit made or maintained by a permittee under this subchapter:
(1) Issuance fee. The permit issuance fee if it has not otherwise been paid; (2) Refilling and obstruction removal costs. The cost to the city of refilling any excavation or removing any obstruction;
(3) Resurfacing and repair costs. The cost to the city of resurfacing or repairing the highway, calculated pursuant to the provisions of §§ 7-3-47 or 7-3-49;
(4) Additional repair costs. The cost to the city of any additional repairs, as provided in § 7-3-67; (5) Inspection costs. The cost of any inspection by the director of public works made necessary by the failure of the permittee to comply with any provision of this subchapter or the terms or conditions of the permit. The inspection fees provided for in § 7-3-41 shall be presumed to be the actual cost of inspection, and a refund thereof shall not be made to any applicant. (B) No engineering fees will be charge d by the city for services rendered pursuant to this subchapter. Inspection costs, however, will be paid for by the applicant as provided for in § 7-3-41 and division (A)(5) above. (C) (1) After making the deductions spec ified in this section, the city shall, unless the deductions are made from a general deposit, refund any balance to the applicant in the same manner as provided by law for the repayment of trust monies.
(2) The balance remaining in a general deposit shall be retained by the director of public works and applied to the issuance fees and costs in connection with any future excavations, fills or obstructions pursuant to a permit issued under this subchapter, unless a written demand for the balance is made by the depositor, in which

event any balance therein shall be refunded in the same manner as provided by law for the repayment of trust monies.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-72—7-3-76 Reserved.
§ 7-3-77 Payment of costs in excess of deposit.

If any deposit is insufficient to pay all fees and costs provided in this subchapter, the permittee shall, upon demand, pay to the director of public works an amount equal to the deficiency. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-78 Failure to pay costs.

If a permittee under this subchapter, upon demand, fails to pay any deficiency as provided in § 7-3-77 or fails to pay any other costs due to the city under this subchapter for which no deposit has been made, the city may recover the costs by an action in any court of competent jurisdiction. Until such deficiency or cost is paid in full, a permit shall not thereafter be issued under this subchapter to such permittee. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-79 Emergency work.

Nothing in this subchapter prohibits any person 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, if the person making such excavation obtains a permit therefor within one day after the offices of the director of public works are first opened subsequent to the making of such excavation. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-80 Violation of subchapter.

A person who violates any provision of this subchapter or of any permit issued under this subchapter is guilty of a misdemeanor.
(Ord. 90-11, § 6, passed 3-6-90)
§§ 7-3-81—7-3-90 Reserved.

SUBCHAPTER 4. PROTECTION DURING CONSTRUCTION
§ 7-3-91 Travel over newly made pavement and markings prohibited. (A) Highway construction. Whenever any public highway, county road, state highway or city street within the city shall be hereafter, in course of construction or improvement, paved with cement, asphaltum or any other substance that is soft when first applied, it shall be unlawful for any person to step, walk, ride or drive

upon that portion of any such public highway, county road, state highway or city street which is being at the time so improved, until after the asphaltum or other substance shall become set or hard. (B) Pavement and markings. No person shall ride or drive any animal or any vehicle over or across any newly made pavement, any pavement under construction, or any freshly painted markings upon any public road, highway or street when a barrier or sign is in place warning persons not to drive over or across such pavement or markings, or when a sign is in place stating that the street is closed. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-3-92 Closing of streets; barriers and warning devices. (A) Definition. The term “director”, as used in this section, means the director of public works of the city. (B) Authority of director. Whenever it shall be deemed necessary by the director of public works to restrict the use of or close any city highway or street for the protection of the public, for the protection of such city highway or street from damage during storms or during construction, improvement or maintenance operations thereon, the director of public works may close or restrict the use of the whole or any part of such city highway or street deemed necessary to be excluded from public travel. (C) Placement of warning signs, lights and devices. While any such city highway or street or portion thereof is so closed, or while such highway or street or portion thereof is in the process of construction or repair or maintenance, the director of public works or their employees, or the contractor under authority of the director of public works, may erect or cause to be erected suitable barriers or obstructions thereon, may post or cause to be posted conspicuous notices to the effect that such highway or street or portion thereof is closed or directing the traffic, and may place or cause to be placed warning lights or devices on such road or highway or portion thereof. All warning signs, lights and devices shall conform to the uniform sign chart of the California division of highways and the city’s manual of warning signs, lights and devices. (D) Damaging or removing barriers, notices or warning signs. When such highway or street or portion thereof is closed to the public or is in the process of construction, repair or maintenance as provided in this section, any person who willfully breaks down, removes, injures or destroys any such barrier or obstruction, or tears down, removes or destroys any such notices, or extinguishes, removes, injures or destroys any such warning lights or devices so erected, posted or placed by such director of public works or their employees or contractor, or willfully enters upon or drives any vehicle on or over such road or highway or portion thereof when in the process of construction, repair or maintenance, without first obtaining a permit so to do from the director of public works or authorized contractor, shall be guilty of a misdemeanor. (Ord. 90-11, § 6, passed 3-6-90)
Chapter 4 TRAFFIC ORDINANCES
Subchapter 1. General Pr ovisions, §§ 7-4-1—7-4-199
Subchapter 2. Traffic Administration, §§ 7-4-200—7-4-299 Subchapter 3. Turning Movements, §§ 7-4-300—7-4-399
Subchapter 4. Stop or Yield Intersections and Railroad Crossings, §§ 7-4-400—7-4-499
Subchapter 5. Pedestrian, Bicycle, Skateboard and Equestrian Regulations, §§ 7-4-500—7-4-599
Subchapter 6. Stopping, Standing and Parking of Vehicles, §§ 7-4- 600—7-4-699
Subchapter 7. Vehicle Size, Weight and Load, §§ 7-4-700—7-4-799

Subchapter 8. Abandoned, Wrecked, Dismantled or Inoperative Vehicles, §§ 7-4-800—7-4-899
Subchapter 9. Temporary Street Closure, §§ 7-4-900—7-4-902

SUBCHAPTER 1. GENERAL PROVISIONS
§§ 7-4-1—7-4-99 Reserved.
§ 7-4-100 Purpose of chapter.

This chapter shall serve as the traffic ordinance for the city. Adoption by the state legislature of the California Vehicle Code provides for uniform traffic regulations throughout the state. Within these regulations the California Vehicle Code also delegates to local government specific authority to adopt supplemental regulations by ordinance or resolution. It is the intent of this chapter to establish specific city legal and organizational authority for traffic management and regulatory enforcement of use within the public right-of-way. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-101 Traffic manual.

To guide the application of the laws contained in this traffic ordinance not in the California Vehicle Code, the city council has adopted the city traffic manual, which defines engineering policies, procedures and interpretations of traffic engineering practice. Any amendments to the traffic manual shall be approved by resolution of the city council.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-102 Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Whenever any words or phrases used in this chapter are defined in the California Vehicle Code and amendments thereto, such definitions shall apply if such word or phrase is not elsewhere defined in this chapter.

Bicycle lane. A marked lane within the roadway designated by appropriate signs and markings for the one- way use of bicycles.

Bicycle path and bicycle trail. A specifically designated area for bicycle use physically separated from the roadway.

Bicycle route. Any roadway designated as a bikeway pursuant to the California Streets and Highways Code § 2371890.8 with official signs giving notice of such a bikeway.

Bus stop zone. The space adjacent to the curb or edge of a roadway reserved for the exclusive use of buses during the loading or unloading of passengers.

Curb. The lateral boundary of the roadway, whether such curb is marked by curbing construction or not so marked. It does not include the line dividing the roadway of a street from parking strips in the center of a street or from tracks or rights-of-way of public utility companies.

Director. The director of public works or their authorized representative.

Holidays. The holidays specified by the city council.

Loading zone. The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

Official time standard. Whenever certain hours are named, they shall mean standard time or daylight saving time as may be in current use in the city.

Passenger loading zone. The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.

Public parking facility. A ground level surface parking lot or an above-ground, below-ground, or multiple-level parking facility that is owned or operated by the City or any other government entity.

Recreation Vehicle. Shall have the meaning set forth in California Health and Safety Code § 18010.

School days. Days on which regularly scheduled public school classes are in session.

Skateboard. A conveyance consisting of a short oblong board with small wheels, propelled with or without mechanical power, which can be ridden by one or more persons at a time.

Vehicle Code. The California Vehicle Code.
(Ord. 90-11, § 6, passed 3-6-90; Ord. 96-90, § 1, passed 4-16-96; Ord. 2022-214, § 2, passed 5-17-22) §§ 7-4-103—7-4-199 Reserved.

SUBCHAPTER 2. TRAFFIC ADMINISTRATION
§ 7-4-200 Enforcement of traffic laws.

The county sheriff, who provides police services to the city pursuant to a contract between the city and the county, is the agency responsible for traffic control in the city. The State Highway Patrol may incidentally enforce traffic laws in the city in the course of performing its duties with respect to traffic laws on state highways. (Ord. 2020-204, § 6, passed 3-3-20)
§ 7-4-201 Traffic engineer generally.

The traffic engineer, under the authority of the director of public works, is hereby charged with the responsibility, under the powers and duties specified in this chapter, to carry out and review all traffic engineering functions affecting the city.
(Ord. 2020-204, § 6, passed 3-3-20)
§ 7-4-202 Duties of traffic engineering section.
(A) General duties. It shall be the general duty of the traffic engineer to determine the installation, design, operation and maintenance of traffic control devices, design and review traffic flow systems and appurtenances, conduct engineering analyses of traffic accidents, devise remedial measures, and conduct engineering and traffic investigations of traffic conditions. The traffic engineer shall also cooperate with the California Highway Patrol, the county sheriff's department, the County Fire Authority, and other agencies as appropriate in the development of ways and means to improve traffic conditions and carry out the additional

duties imposed by the ordinances of the city. In the event that the city does not have a designated traffic engineer, the duties set forth in this section may be performed by the director of public works. (B) Specific duties. The traffic engineer shall have the following authority and specific duties:
(1) The traffic engineer shall have the authority and duty to implement such traffic and parking regulations as necessary or appropriate to facilitate traffic and parking within the city, and to install, modify or remove any traffic devices; provided, further, that where city council approval is required by § 7-4-203, or traffic and transportation commission approval is required prior to implementation, such approval shall be obtained prior to implementation and enforcement. Traffic and parking regulations implemented by the traffic engineer shall be consistent with governing law, including the California Vehicle Code and provisions of this code, and consistent with any direction of the city council or the traffic and transportation commission.
(2) The traffic engineer shall have the authority to issue parking permits, including residential parking permits and guest parking permits, as authorized by this title. (3) The traffic engineer, without the approval of the traffic and transportation commission or city council, shall have the authority to install and replace informational signs, directional signs, lane striping, and traffic warning signs, as distinguished from traffic control signs. (4) The traffic engineer shall be responsible for post ing such other signs as directed by the traffic and transportation commission and city council.
(5) Traffic and parking regulations shall not be implemented or enforced until the appropriate signs are properly posted.
(C) Emergency powers. Subject to the provisions of division (D) below, the traffic engineer shall have the following powers when they find that an emergency condition exists threatening the public health and safety:
(1) The power to temporarily close streets; and
(2) The power to install traffic control signs.
(D) Expiration of emergency powers. Upon the expiration of the emergency as specified in division (C) above, the traffic engineer shall reopen the closed streets, remove the traffic control signs, or take both such actions, unless the city council authorizes the continuance of such temporary street closures or installation of the traffic control signs.
(Ord. 2020-204, § 6, passed 3-3-20)
§ 7-4-203 City council authority.
(A) City council action shall be required by ordinance or resolution to implement any traffic regulation only when an ordinance or resolution is specifically required by state law. (B) For purposes of example, but not an exclusive list, the following items require city council action prior to implementation:
(1) the establishment of crosswalks between intersections; (2) the establishment of bicycle lanes separated from any vehicular lanes upon highways, other than state and county highways;
(3) the determination and declaration of a prima facie or maximum speed limit; (4) the adoption of rules and regulations on the designation of any intersection as a stop intersection;

(5) the designation of specific street segments for time limited parking zones, including, but not limited to, time or day restrictions or one-hour, two-hour, or other time limitations; and (6) the temporary closing of a portion of any street for celebrations, parades, local special events, and other purposes. Notwithstanding any provision to the contrary, city council approval shall also be required for the designation of any street for use by vehicles having a gross weight, including the vehicle and its load, in excess of three tons.
(Ord. § 2020-204, § 6, passed 3-3-20)

§ 7-4-204 Authority of traffic and transportation commission.

The city has formed a traffic and transportation commission. The provisions that provide for its membership, duties and operations are found in Title 2, Chapter 3, Subchapter 7, commencing with § 2-3-46. The traffic and transportation commission shall review and make recommendations to the city council on all traffic related matters which are listed in that subchapter. The City Council may delegate this authority to the City Manager, or their designee.
(Ord. 2020-204, § 6, passed 3-3-20)
§ 7-4-205 Installation of automated traffic enforcement systems is prohibited.

Automated traffic enforcement systems, as that term is used in California Vehicle Code § 21455.5, shall not be installed on any city street or highway that is within the jurisdiction of the city. (Ord. 2020-204, § 6, passed 3-3-20)
§§ 7-4-206—7-4-299 Reserved.

SUBCHAPTER 3. TURNING MOVEMENTS
§ 7-4-300 Designation of multiple turning lanes at intersections.

The director is authorized to place official traffic control devices within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and the director is authorized to locate and indicate more than one lane of traffic from which drivers of vehicles may make right or left turns. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-301 Designation of two-way left turn lanes.

The director is hereby authorized to establish and designate two-way left turn lanes on streets or highways. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-302 Restrictions on turning movements.

The director is hereby authorized to place and maintain signs or markings to prohibit or to restrict left turns, right turns or U-turns at intersections, driveways or between intersections.

Created: 2025‐07‐24 16:43:06 [EST]
(Supp. No. 30)

(Ord. 90-11, § 6, passed 3-6-90; Ord. 96-90, § 6, passed 4-16-96)) §§ 7-4-303—7-4-399 Reserved.

SUBCHAPTER 4. STOP OR YIELD INTERSECTIONS AND RAILROAD CROSSINGS § 7-4-400 Through highways defined.

All major, primary, secondary and commuter arterial highways of the city, as shown on the master plan of arterial highways as amended from time to time and on file in the office of the city clerk, are hereby declared to be through highways, unless specifically designated otherwise, together with such other highways as the city council may, by resolution, declare to be through highways.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-401 Designation of stop intersections.

The director is authorized to:
(A) Erect and maintain stop signs at entrances to any or all of such through highways as defined in § 7-4- 400, from other public or private streets; and
(B) Install stop signs at intersecti ons where, in their opinion, there is an imminent danger without such control. The director shall follow the installation with request for city council approval at the earliest opportunity.
(Ord. 90-11, § 6, passed 3-6-90)
§§ 7-4-402—7-4-499 Reserved.

SUBCHAPTER 5. PEDESTRIAN, BICYCLE, SKATEBOARD AND EQUESTRIAN

REGULATIONS
§ 7-4-500 Bicycle operation.
(a) Riding in group. Persons operating bicycles within a bicycle lane or upon a bicycle path shall ride in single file, except as provided for in California Vehicle Code § 21202(a). (B) Direction of travel. Persons riding or operating a bicycle on a bicycle trail or path may proceed in either direction except on those trails or paths designated for one-way traffic by appropriate markings or signs defined by the direction of adjacent vehicular traffic. (C) Walking bicycles. Bicycles may be walked subject to all provisions of law applicable to pedestrians. (D) Yielding right-of-way. Whenever any person is riding a bicycle upon a sidewalk, such person shall yield right- of-way to any and all pedestrians. A person riding a bicycle, upon entering a roadway or driveway from a sidewalk, shall yield to all traffic.

(E) Riding on sidewalks. Bicycles may be ridden on all sidewalks, at a speed not to exceed five miles per hour, except upon sidewalks within a business district, upon sidewalks adjacent to any public school building when school is in session, upon a sidewalk at a recreation center when in use, upon a sidewalk at a church during services, over any pedestrian overcrossing or upon any other sidewalk where prohibited by posted signs. (Ord. 90-11, § 6, passed 3-6-90; Ord. 90-38, § 3, passed 6-18-90; Ord. 96-90, § 7, passed 4-16-96) § 7-4-500.1 Electric bicycle operation.

All references to this section shall include § 7-4-500. These requirements are in addition to the other regulations for bicycle operation set forth in § 7-4-500. (A) No person shall ride an electric bicycle in an unsafe manner on any publicly owned property, including but not limited to a public roadway, highway, sidewalk, park; nor on any private property open to the public.
(1) Unsafe manner means any act or acts in violation of this Code, California Vehicle Code, or other existing law. An unsafe manner can also be defined as operating an electric bicycle in such a way as to constitute a danger to the operator, a passenger, other motorists, other riders, or pedestrians in the area.
(2) Examples of riding in an unsafe manner may in clude, but are not limited to, the following actions:
(a) Intentionally lifting one or more wheels into the air while riding on a highway, sidewalk, bicycle lane, or bike path. It is not a violation of this division (A)(2)(a) if one or more wheels lose contact with the ground briefly due to the condition of the road surface or other circumstances beyond the control of the rider;
(b) Riding on the sidewalk withou t due caution for pedestrians; (c) Riding on the highway, or bicycle lane against the flow of traffic; (d) Intentionally swerving or riding around stopped or slowed traffic; (e) Operating an electric bicycle in a manner it was not designed for, including carrying passengers when not designed for carrying passengers, or standing on the seat of the bicycle;
(f) Not obeying posted signs or traffic lights; and
(g) A person under the age of 18 riding without a properly fitted and fastened helmet. (B)(1) No person shall operate an electric bicycle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while riding.
(2) An electronic wireless communications device includes, but is not limited to, a broadband personal communication device, a handheld device, or pager. (Ord. 2024-227, § 2, passed 3-5-24)

§ 7-4-501 Roller skating, skateboarding and bicycling prohibited in certain designated areas.

It shall be unlawful and subject to punishment in accordance with § 7-4-501.6 for any person to engage in roller skating, skateboarding, bicycling or similar activities in or on any public property when the public property has been designated by resolution of the city council and posted as a no roller skating, skateboarding, bicycling or

similar activity area, and in or on any private property when the private property has been posted as a no roller skating, skateboarding, bicycling or similar activity area, in accordance with the procedures set forth in § 7-4-501.3. (Ord. 91-38, § 2, passed 6-18-91; Ord. 92-55, § 2, passed 3-3-92) § 7-4-501.1 Definitions.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Acrobatics. Includes jumps, spins, loops, "360s," handstands or any other movements or tricks not essential to the ordinary use of the skateboard as a transportation device, or the use of ramps, jumps, curbs, steps or other devices used to force the skateboard off the ground.

Business district. As designated in California Vehicle Code § 235.

Electric bicycle. An electric bicycle equipped with both fully operable pedals and an electric motor, as further defined by California Vehicle Code § 312.5, as it may be amended from time to time.

Hazard. Any activity which threatens injury to person or property or prevents the free use of public or private property by pedestrians or motorists.

Private property. Any property held by private interests which is used primarily for business, commercial or recreational purposes.

Public property. Any property owned or maintained by the city.

Roller skate. Any footwear or device which may be attached to the foot or footwear, to which wheels are attached which may be used to aid the wearer in moving or propulsion.

Skateboard. A board of any material which has wheels attached to it and which may be propelled or moved by human, gravitational or mechanical power, and to which there is not fixed any device or mechanism to turn or control the wheels.

Skateboarding. For purposes of the prohibitions contained in this subchapter, includes performing acrobatics while using or operating a skateboard, or using or operating a skateboard in a manner which creates a hazard. The term skateboarding shall not include the use or operation of a skateboard while the user is in an upright or standing position and is using the skateboard as a transportation device. (Ord. 91-38, § 2, passed 6-18-91; Ord. 2024-227, § 3, passed 3-5-24) § 7-4-501.2 Designation of public property as no roller skating, skateboarding or bicycling area.

The city council, upon review and recommendation by the city engineer, may prohibit, from any public roadway, sidewalk or other public property, roller skating, skateboarding, bicycling or similar activity, or any combination of those activities. In order to prohibit any or all such activities from a specific area, the city council shall designate the area by the adoption of a resolution prohibiting the activity from the area and order the posting of the signage as provided for in § 7-4-501.4.
(Ord. 91-38, § 2, passed 6-18-91; Ord. 92-55, § 3, passed 3-3-92)

§ 7-4-501.3 Designation of private property to prohibit specified activities. (A) Prohibition of roller skating, bicycling and similar activities. The following procedures are applicable for prohibiting roller skating, bicycling or similar activities, or any combination of those activities, on private property.
(1) If the property is owner-occupi ed, the property owner shall submit a written application requesting a designation of a no roller skating, bicycling or similar activity area. (2) If the property is occupied by tenants of the owner, then the tenants shall submit a written application signed by a majority of the tenants of the property supporting a designation of a no roller skating, bicycling or similar activity area, and the application shall also contain the written consent of the property owner.
(3) The city clerk shall cause a notice of the city coun cil consideration of the applications filed pursuant to this division (A)(3) to be mailed to all tenants in the subject private property and the owner of the subject private property, at least five days prior to the date scheduled for the city council's consideration of the application.
(4) The city council may approve or deny the applicatio n for designation of property as a no roller skating, bicycling or similar activity area.
(B) Prohibition of acrobatic or hazardous skateboarding. The following procedures are applicable for prohibiting acrobatic or hazardous skateboarding on private property. (1) The owner of owner-occupied property, or a majority of the tenants, with the consent or the owner, of property occupied by tenants, may cause acrobatic or hazardous skateboarding to be prohibited on their private property by complying with the provisions of this division (B)(1). (2)(a) In order to cause acrobatic or hazardous skateboarding to be prohibited, the owner, or a majority of the tenants with the consent of the owner, shall provide to the city police services a written notice which contains the following information:

1. A statement that the owner or tenants intend to prohibit acrobatic and hazardous skateboarding on the property;

2. A description of the property, including the ar eas on which acrobatic or hazardous skateboarding is to be prohibited;

3. A description of the signs the owner or tenants intend to post in compliance with § 7-4-501.4 and an identification of the location for the posting of each sign; and

4. The date by which the signs are to be post ed and on which the prohibition is intended to commence.
(b) As to tenant-occupied property, the written notice must be signed by a majority of the tenants that occupy the property on which acrobatic or hazardous skateboarding is to be prohibited. (3) The prohibition on acrobatic or hazardous skateboarding shall go into effect and be enforced by the city police services after the notice required by this section has been provided to the city, the signage provided for by this subchapter has been posted, and the city police service has reviewed the posted signs and determined that they are in compliance with this subchapter. (4) The individuals prohibiting the ac tivities shall be responsible for all costs incurred in providing the notice and posting the signage.
(Ord. 91-38, § 2, passed 6-18-91; Ord. 92-55, § 4, passed 3-3-92)

§ 7-4-501.4 Posting of signs.
(A) Prior to the enforcement of the pr ohibition on roller skating, skateboarding, bicycling or similar activity, the area so designated shall be posted with signs which provide substantially as follows:
(1) Roller skating, skateboarding, bicycling or similar activity is prohibited by § 7-4-501. Any violation is punishable by a fine of $25.00 for a first offense.
(B)(1) As to either public property or private property, if it is intended that only certain of the activities listed in this section are to be prohibited on certain property, then the required signs shall only designate the activities which have been specifically prohibited.
(2) For example, if only acrobatic and hazardous skateboarding is prohibited for a certain area, then the required signage shall state: "Acrobatic or hazardous skateboarding is prohibited by Laguna Niguel Municipal Code section 7-4-501. Any violation is punishable by a fine of $25.00 for a first offense." (C) The signage required by this section sh all be posted in plain view at all entrances to the property or area for which the prohibition is applicable, and all signs shall not be less than 17 inches by 21 inches in size with lettering not less than one inch in height. The prohibition as to a certain property or area shall not go into effect or be enforced until the required signage has been posted and approved by the city police services. (Ord. 91-38, § 2, passed 6-18-91; Ord. 92-55, § 5, passed 3-3-92) § 7-4-501.5 Fees.
(A) The city council may, by resolution, establish fees for the receipt and processing of applications and petitions for no roller skating, skateboarding, bicycling or similar activity areas. (B) In addition, the city council may, by resolution, establish fees sufficient to cover the costs of developing, printing and posting the areas designated pursuant to this subchapter. (Ord. 91-38, § 2, passed 6-18-91)
§ 7-4-501.6 Penalty for violation of subchapter.
(A) Any violation of this subchapter is deemed an infraction punishable by a fine of $25.00. (B) A second or subsequent violation of this subchapter shall be punishable by a fine of $50.00. (Ord. 91-38, § 2, passed 6-18-91)
§ 7-4-501.7 Exemptions from subchapter.
(A) Any devices designated, intended and used solely for the transportation of infants, the handicapped or incapacitated persons, devices designed, intended and used for the transportation of merchandise to and from the place of purchase, and other wheeled devices, when being used for either of these purposes, shall be exempt from this subchapter.
(B) Furthermore, the city council may, by resolution, suspend the enforcement provisions of this subchapter to accommodate special events when so requested by the event organizer. (Ord. 91-38, § 2, passed 6-18-91)

§ 7-4-502 Riding skateboards, roller skates and similar conveyances on roadway. (A) No person shall ride a skateboard, roller skates or other conveyance propelled by human power other than a bicycle or cause or permit such conveyance to roll or coast on the roadway of any highway in the city. (B)(1) Any violation of this section is deemed an infraction punishable by a fine of $25.00. (2) A second or subsequent violation of this section shall be punishable by a fine of $50.00. (Ord. 90-11, § 6, passed 3-6-90; Ord. 91-53, § 1, passed 12-3-91; Ord. 96-90, § 8, passed 4-16-96) § 7-4-503 Pedestrian movements at intersections.

The director is hereby authorized to place and maintain signs or markings to prohibit or to restrict pedestrian crossings at certain legs of intersections.
(Ord. 90-11, § 6passed 3-6-90)
§§ 7-4-504—7-4-599 Reserved.

SUBCHAPTER 6. STOPPING, STANDING AND PARKING OF VEHICLES § 7-4-600 Adoption of regulations.

Except as otherwise provided in this subchapter, regulations pertaining to the stopping, standing or parking of vehicles shall be established by ordinance or resolution of the city council. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-601 Establishment of prohibited or restricted parking zones. (A) Pursuant to the California Vehicle Code, the city council, by ordinance or resolution, shall establish specific portions of street segments where the stopping, standing, or parking of vehicles is either prohibited or subject to parking time limitations.
(B) Notwithstanding the preceding general requirement, the traffic engineer is hereby authorized to place appropriate signs or markings prohibiting or restricting the stopping, standing, or parking of vehicles in the following limited and specific circumstances and in the absence of a city council ordinance or resolution imposing a restriction on a particular street segment. (C) In the event that the city does not have a designated traffic engineer, the duties set forth in this section may be performed by the Director of Public Works:
(1) Bus stop zones. For loading and unloading passengers at a bus stop, or for loading and unloading children at a school bus stop;
(2) Loading zones. For the purpose of loading and unloading passengers or materials; (3) Passenger loading zones. For the purpose of loading and unloading passengers; (4) School zones.
(a) On either side of any marked school pedestrian crosswalk; and

(b) Prohibiting parking or restricting parking during specific hours of the day on that side of any street adjacent to any school property when such parking, in the opinion of the director, interferes with pedestrian, bicycle or vehicle traffic, or creates a hazardous situation. (5) Crosswalks. On either side of any marked pedestrian crosswalk; (6) Intersections. On either side of any highway or street from its intersection with any other highway or street for the purpose of turn lanes or sight distance and visibility; (7) Driveways. On either side of a driveway entrance to any highway or street for the purpose of sight distance and visibility;
(8) Temporary no parking zones. Temporary no parking on any City highway or street where the use of such highway or street or a portion thereof is necessary for the cleaning, repair or construction of the highway or street or the installation of underground utilities; or where the use of the highway or street or any portion thereof is authorized for a purpose other than the normal flow of traffic; or where the use of the highway or street or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size and the parking of such vehicles would prohibit or interfere with such use or movement; provided that signs giving notice that such vehicles may be removed are erected or placed at least 24 hours prior to the effective time of such no parking. (9) Railroad crossings. Prohibit stopping from the centerline of a railroad track crossing on any highway or street; and
(10) Narrow streets. Prohibit stopping on only one side of a street which is 30 feet or less in width. (Ord. 90-11, § 6, passed 3-6-90; Ord. 96-90, § 9, passed 4-16-96; Ord. 2020-204, § 7, passed 3-3-20) § 7-4-602 Reserved.
§ 7-4-603 Prohibited parking.
(A) Parking in loading zone.
(1) It shall be unlawful for the operat or of any motor vehicle to park or stop the vehicle in any loading zone for any purpose other than unloading or loading of passengers or materials, provided that no stop for the loading or unloading of passengers shall be made for more than five minutes, or provided that no stop for the loading or unloading of materials shall be made for more than 20 minutes. (2) It shall be unlawful for the operat or of any motor vehicle other than a bus or school bus to stop or park the vehicle in a bus stop zone.
(B) Maximum parking time.
(1) It shall be unlawful to park or stop a vehicle for a period of time longer than 72 consecutive hours upon or within any public parking facility, highway or street.
(2) For purposes of this division (B), the vehicle shall be considered to have remained parked unless, during any 72- hour period, said vehicle has been removed at least 100 feet from the position it previously occupied; or the odometer on said vehicle exhibits a change of at least one-tenth of one mile. (c) Overnight parking of recreation vehicle. It shall be unlawful for any person to camp overnight in a recreation vehicle upon any highway or street, including any part of the right-of-way thereof. For purposes of this section, the term "recreation vehicle" means a motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy.

(C) Parking in no parking zone. Notwithstanding anything herein, it shall be unlawful for any person to park in a designated no parking or no stopping zone, or any time-specific no parking or no stopping zone, when signs or markings are placed giving notice of such prohibition. (D) Parking of vehicle not in condition to be lawfully operated. Notwithstanding the provisions of division (B) above, it shall be unlawful to park, stop or leave sitting for a period of time longer than 12 consecutive hours upon any public street or highway in the city any vehicle not in a condition to be lawfully operated on the public highways.
(E) Parking vehicle for purpose of repair. It shall be unlawful to repair, dismantle, overhaul or perform any mechanical work upon a vehicle, trailer, camp car, trailer coach or recreational vehicle at any time on any part of any public street or highway in the city, except to replace or otherwise repair a tire or to make emergency repairs to enable such vehicle to be removed to a proper place. (F) Regulations for large vehicles. The following regulations shall apply to buses, recreational vehicles, trailer buses, camp trailers, trailers, campers, house cars and trailer coaches. It is the intent of this division (F) that these vehicles shall not be parked on city streets, or designated publicly used parking lots except as provided herein.
(1) No trailer or nonmotorized vehicle shall be left unattached to any vehicle on any city street, designated publicly used parking lot or alley for any period of time.
(2) Subject to § 7-4-606, no person shall park, stop or leave standing any of vehicles described in this division (F), regardless of width, on any city street, designated publicly used parking lot or alley in the city for more than four hours and may only so park; provided that the size of the vehicle does not violate any other regulations contained within this code, or the California Vehicle Code, regulating the size of vehicles or the locations and times where vehicles are prohibited from parking. For the purposes of this division (F), a vehicle shall be considered to have remained parked, unless, during any four-hour period, said vehicle has been moved at least one-half mile from the position it previously occupied. The following are exempt from this division (F):
(a) For the purpose of loading or unloading directly adjacent to the residential (non-commercial) property for which the vehicle is registered, for a period not to exceed 24 hours in a three day period; (b) If a vehicle is parked directly adjacent to the property to which it is registered and is used for daily business activities, as such activities are permitted and licensed in compliance with this municipal code, for a period not to exceed 48 hours in a seven day period;
(c) If a vehicle is parked directly adjacent to the residential property which its occupants are visiting, for a period not to exceed 48 hours in a seven day period; or
(d) Between the hours of 10:00 p.m. and 6:00 a.m., no person shall park, stop or leave standing any of these vehicles, regardless of width, provided the size of the vehicle does not violate any other regulations contained within this municipal code, or the California Vehicle Code, regulating the size of vehicles or the locations and times where vehicles are prohibited from parking. (g) Parking of trailers and nonmotorized vehicles. No person shall at any time park or leave standing a nonmotorized vehicle or camper, regardless of width or length, when it has been detached from its motor vehicle, on any public street or highway in the city, except for purposes of loading or unloading and for a period not to exceed two hours.
(H) Parking in bicycle lane. No person shall park or leave standing a vehicle on a designated on-road bicycle lane anywhere on the city arterial highway system, providing signs identifying such a lane and prohibiting parking are posted.
(I) Parking in a time limited parking zone.
(1) No person shall park a motor vehicle at any place in the city in violation of the time limits approved by the city council and for which a sign with the time limits is posted adjacent to the place.

(2) The city council approves a two-hour time limit on the parking of motor vehicles on eastbound Hidden Hills Road in front of Juaneño Park between 7:00 a.m. and 10:00 p.m. every day. (J) Unauthorized parking in public parking facilities. When the city has designated certain property as a public parking facility, or has restricted parking space for parking by permit only, or where signs, lines, or other physical evidence indicates the manner in which motor vehicles must be parked thereon, or restricts the time of day or period of time during which motor vehicles may be left standing thereon, any violation of any such signs, lines, directions, or notices shall constitute a violation of this Code. (Ord. 90-11, § 6, passed 3-6-90; Ord. 96-90, § 11, passed 4-16-96; Ord. 2019-195, § 2, passed 1-15-19; Ord. 2022- 214, §§ 3, 4, passed 5-17-22)
§ 7-4-604 Removal of vehicles from highway.

The removal of vehicles from a city highway or street pursuant to the provisions of California Vehicle Code § 22650 et seq. is authorized under the following circumstances:
(A) When a vehicle is parked or left standing for 72 or more consecutive hours; (B) When a vehicle is illegally parked in violation of any provision of this Code forbidding standing or parking and the use of the highway or street or a portion thereof is necessary for the cleaning, repair or construction of the highway or street, or for the installation of underground utilities, and signs giving notice that such a vehicle may be removed are erected or placed at least 24 hours prior to the removal by authorized personnel;
(C) Whenever the use of a highway or street or port ion thereof is authorized by the city council for a purpose other than the normal flow of traffic or for the movement of equipment, articles or structures of unusual size, and the parking of any vehicle would prohibit or interfere with such use or movement, and signs giving notice that such a vehicle may be removed are erected or placed at least 24 hours prior to the removal by authorized personnel; and
(D) Whenever any vehicle is parked or left standing on a highway or street or portion thereof where such parking has been prohibited by this Code. No vehicle may be removed unless signs are posted giving notice of such removal.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-605 Tow-away zones.

Whenever a no parking area has been established in accordance with the provisions of this Code, the city council may by resolution determine that any one or more of the circumstances described in California Vehicle Code § 22651 exist in such area, and may designate such area as a tow-away zone. Whenever the city council has designated a tow-away zone, it shall be the duty of the director to cause signs to be posted giving notice that any vehicle parked in such tow-away zone may be removed.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-606 Oversized vehicle parking regulations.
(A) Residence district, for purposes of this section, shall include those areas as defined in California Vehicle Code § 515. All other terms used in this section, unless otherwise defined in the Municipal Code, shall have the same meaning as the term is defined to mean in the California Vehicle Code.

(B)(1) Notwithstanding anything herein, no person shall park or leave standing upon any public street or highway in a residence district in the city any commercial vehicle, bus, motor truck, semitrailer, or tractor trailer of a width in excess of 80 inches as measured at the widest portion of the body of the vehicle not including mirrors or other extensions, or of a weight in excess of 10,000 pounds, or of a length in excess of 25 feet; or any item of farm machinery or special purpose machine.
(2) Prohibited vehicles may be parked on public residence district streets and highways:
(a) While loading or unloading persons and/or property; (b) When such vehicle is parked in connection with, or in aid of the performance of a service to or on a property in the block in which such vehicle is parked; or (c) To perform repairs of an emergency nature on the vehicle itself. (C)(1) Notwithstanding anything herein, no person shall park or leave standing upon any public street, or highway or public parking facility in the city any commercial vehicle, bus, motor truck, semitrailer, or tractor trailer of a width in excess of 80 inches as measured at the widest portion of the body of the vehicle not including mirrors or other extensions, or of a weight in excess of 10,000 pounds, or of a length in excess of 25 feet between the hours of 2:00 a.m.10:00 p.m. and 6:00 a.m.
(2) Prohibited vehicles may be parked on public streets and highways: provided that such parking does not violate any other regulations contained throughout this municipal code or the California Vehicle Code. (a) While loading or unloading persons and/or property; (b) When such vehicles are parked in connection with, or in aid of the performance of a service to or on a property in the block in which such vehicle is parked;
(c) To perform repairs of an emergency nature on the vehicle; or (d) When such vehicles are parked in compliance with a preferential parking program adopted by resolution of the city council.
(d) No person shall park or leave standing upon any pub lic street any recreational vehicle, house car, trailer coach, trailer attached to a motor vehicle, or any other similar type of vehicle between the hours of 2:00 a.m. and 6:00 a.m. except as follows:
(1) Upon a public street adjacent to property when the purpose of the vehicle being parked at that location is for the loading or unloading of persons and/or property, or when the vehicle is parked in connection with, or in aid of the performance of a service to or on the property, or the occupants of the vehicle are visiting the property. The duration of such parking shall not exceed three days or any portion thereof, out of any consecutive seven-day period. (2) Such a vehicle or attached trailer may be parked upon a public street along any portion of the frontage of a property when the address of the property is stated on the registration for the vehicle or trailer.

The duration of such parking shall not exceed three days, or any portion thereof, out of any consecutive seven-day period.
(Ord. 90-11, § 6, passed 3-6-90; Ord. 93-61, § 1, passed 4-6-93; Ord. 2012-170, § 2, passed 5-15-12; Ord. 2012- 170, § 2, passed 5-15-12)
§ 7-4-607 Residential permit parking.
(A) Purpose. The purpose of the city residential permit parking programs is to regulate and manage residential curb parking problems. The parking problems must substantially interfere with the normal and expected use of available public street parking spaces at regular daily or weekly intervals. The city council may establish residential permit parking programs in accordance with the procedures set forth in this section.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Block. Both sides of a street lying between two intersecting streets without interruption by any other intersecting street on either side.

Director. The director of public works of the city.

District. An area established by resolution of the city council, pursuant to this section.

Guest. Any person visiting or intending to visit a person residing in a permit parking district.

Nonresidential user. The owner or tenant in possession of any property in a permit parking designated area which is not used for residential purpose, and the officers, employees, agents, licensees and invitees thereof.

Residential area. Defined per the definition of residence district in the California Vehicle Code § 515.

Street. Both sides of a street defined by logical limits which may span one or more blocks. (C) Designation of permit parking areas. Following review and recommendation by the city traffic commission, the city council may establish permit parking by resolution. Any such resolution shall designate the boundaries of the permit parking district, the streets or the individual block designations. It shall specify the nature of the parking limitations which apply within the designated areas. (D) Procedures.
(1) The resolution specified in division (C) above may provide that parking restrictions imposed pursuant to this section shall apply to the designated permit parking area only after a petition signed by the owners of 67% or more of the residential lots abutting the on-street parking spaces of the subject restrictions have filed a petition with the traffic commission expressing their desire for such parking restrictions. (2) The city clerk shall determine the adequacy of the petition in accordance with the following standards. (a) In the case of a property owned by the co-owners, the signature of any one co-owner on the petition shall be sufficient.
(b) In the case of a property owned by a partnership, the signature of any general partner on the petition shall be sufficient.
(c) Ownership shall be determined by reference to th e latest available tax assessment roll, or by such proof of subsequent acquisition of title as may be provided to the director by the owner. (E) Signs and notices. Upon the establishment of a permit parking designation, the director shall cause appropriate signs to be erected in the entrances of a district, street or block indicating thereon the parking limitation applicable to the area and the exemption therefrom of vehicles with permits. In addition, the director shall send notification of the permit parking designation and regulations to all recorded homeowners' associations within the area.
(F) Issuance of permits. Applications to park within a residential permit parking designated area may be made by any resident or any eligible nonresidential user residing or working within such area who is licensed to drive a vehicle. Such applications shall be the sole responsibility of the user and filed with the director or their designated representatives. Unless otherwise prescribed by the resolution establishing the district, each household will receive one permanent decal per registered vehicle. Any permit decal issued by the city pursuant to this section shall be valid only so long as the person to whom the permit is issued owns the vehicle and controls the property which ownership or control qualified the person to obtain the permit. Any replacement due to damage of the permit or purchase of a new vehicle is the responsibility of the user. (G) Guest parking permits. Unless otherwise prescribed in the resolution establishing a residential parking permit area, each residential unit shall be entitled to receive three mirror-type guest parking permits from the

director. Upon application, residents may receive additional permits as needed for special occasions (placards).
(H) Display of permits (decals). The city will provide each type of permit. (1) A parking permit decal issued pursuant to this se ction, other than a guest parking permit, shall be permanently affixed to the left inside rear window of the vehicle for which it was issued. (2) Guest parking permits shall be displayed by ha nging the permit from the rear view mirror. (3) Placards shall be displayed in left fr ont portion of the dashboard, face up. (I) Exempt vehicles. The following vehicles are exempt from parking restrictions applicable to any parking permit designated area:
(1) Repair, maintenance, re fuse collection, utility, fuel, delivery and service vehicles being used in the course of business;
(2) Vehicles owned or operated by any government agency, or contractor of a government agency, being used in the course of business; and
(3) Emergency life support and health care vehicles owned or operated by any governmental agency, being used in the course of business.
(J) Authority of director. The director is authorized to establish rules and procedures and to produce signs, forms and other materials necessary or appropriate to implement the provisions of this section. (K) Permit fees. The city council may, by resolution, establish fees for permit applications under this or other future permit parking programs.
(L) Removal of permit parking restrictions.
(1) The city council, pursuant to a recommendatio n of the traffic commission, may, by resolution, terminate and dissolve any previously established permit parking designation. The director shall remove parking restriction signs in accordance with any such resolution. (2) Permit parking restrictions imposed shall be e nded with a petition so requesting and signed by the owners of 67% of the residential lots abutting such block. Upon their determination that the petition is adequate in accordance with the standards set forth in this section, the director should remove parking restriction signs from such block.
(M) Enforcement and penalties.
(1) Unless exempted by the provisions of this section, no person shall stand or park a motor vehicle in any permit parking designated area in violation of any parking restrictions established pursuant to this section.
(2) It shall be unlawful for any person holding a permit to transfer such a permit to a vehicle not registered for such permit. No person shall copy, produce and otherwise counterfeit a residential or guest parking permit issued pursuant to the permit parking program. The director shall be empowered to cancel or revoke any permit which is utilized for a vehicle not registered pursuant to this section. (3) It shall be unlawful for any person to falsely repr esent themself as eligible for a parking permit or furnish false information to the director or their representatives in an application for a parking permit. (4) Violation of any provision of this section shall be an infraction. The penalty for a first and subsequent conviction shall be assessed according to the uniform bail schedule that is in force at the time of the violation applicable to South Orange County.
(Ord. 90-11, § 6, passed 3-6-90; Ord. 91-47, § 1, passed 10-1-91; Ord. 2007-148, § 1, passed 9-18-07)

§ 7-4-608 Parking within designated markings.

Where any parking space has pavement markings designating the allotted parking space, vehicles shall be parked entirely within the designated limits of such parking space. (Ord. 2022-214, § 6, passed 5-17-22)
§§ 7-4-609—7-4-699 Reserved.

SUBCHAPTER 7. VEHICLE SIZE, WEIGHT AND LOAD
§ 7-4-700 Weight, size and load restrictions.

The city council may set varying weight, size and load limits on certain bridges or roadways when such a restriction is in the interest of the safety of the motoring public. (Ord. 90-11, § 6, passed 3-6-90; Ord. 96-90, § 12, passed 4-16-96)) § 7-4-701 Permit for variation from limitations.
(A) Issuance. The director is authorized to issue permits for variations from the size, weight and load limitations set forth in California Vehicle Code § 35000 et seq. Such authorization shall be exercised in accordance with the guidelines and restrictions set forth in California Vehicle Code § 35780 et seq. (B) Fee. An administration fee for permits issued for a vehicle or combination of vehicles under the provisions of this section shall be established by resolution of the city council. (C) Security. The director may require such undertaking or security as he deems necessary to protect the highways, streets and bridges from injury, or to provide indemnity for any injury resulting from the operation of the vehicle.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-702 Moving of buildings or other structures.
(A) Minimum manpower. It shall be unlawful for any building or structure 20 feet or more in width to be moved over, upon, along or across any highway, street, alley or way unless the contractor so moving the building shall have not less than five persons engaged in the moving operations, comprised as follows:
(1) A foreman;
(2) A truck driver;
(3) A person on the building to handle wire clearances; and (4) Two flaggers, with one flagger to be at least 300 feet ahead of the building or structure, and the other flagger to follow the building or structure at a distance sufficient to give adequate warning to approaching traffic. The flagger shall carry the signals required by law. (B) Relocation permit required. When any building is to be moved, the permit shall not be issued unless a relocation permit, issued pursuant to title 8, Chapter 1 has been obtained for the relocation of the building or structure.

(Ord. 90-11, § 6, passed 3-6-90)
§§ 7-4-703—7-4-799 Reserved.

SUBCHAPTER 8. ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE

VEHICLES
§ 7-4-800 Purpose and scope of subchapter.

In addition to other statutory authority for the removal of vehicles from public or private property and in accordance with the authority granted by the state under the California Vehicle Code § 22669 to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the city council hereby makes the following findings and declarations. The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property, not including highways and streets, is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to health and safety for minors, to create a harborage for rodents and insects and to be injurious to health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof on private or public property, not including highways and streets, except as expressly permitted in this subchapter, is hereby declared to constitute a public nuisance, which may be abated as such in accordance with the provisions of this subchapter.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-801 Definitions.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Abandoned, Wrecked, Dismantled or Inoperative Vehicles. As defined in California Vehicle Code § 22669.

Owner of the land. The owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

Owner of the vehicle. The last registered owner and legal owner of record. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-802 Exemptions from subchapter.
(A) This subchapter is not applicable to:
(1) A vehicle, or parts thereof, whic h is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or (2) A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.
(B) Nothing in this section shall authorize the maintena nce of a public or private nuisance as defined under provisions of law other than this subchapter.

(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-803 Additional remedies.

This subchapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, the county, the state, or any other legal entity or agency having jurisdiction.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-804 Administration and enforcement of subchapter.

Except as otherwise provided in this subchapter, the provisions of this subchapter shall be administered and enforced by the chief of police. In the enforcement of this subchapter such officer and their regularly salaried fulltime deputies may enter upon private or public property to examine a vehicle or parts thereof or obtain information as to the identity of the owner of the vehicle, and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this subchapter. (Ord. 90-11, § 6, passed 3-6-90)

§ 7-4-805 Authority of designated contractors.

When the city council has contracted with or granted a franchise to any person to do so, such person shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this subchapter. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-806 Fees.

The city council shall, by resolution, determine and fix an amount to be assessed as costs of administration and removal of any vehicle or parts thereof under this subchapter. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-807 Authority to abate and cause removal.

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof on private property or public property within the city, the chief of police shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this subchapter. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-808 Notice of intention to abate and remove.
(A) A ten-day notice of intention to abate and remove a vehicle or parts thereof as a public nuisance pursuant to this subchapter shall be given unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or parts thereof.

(B) The notice shall be mailed by registered or certified mail to the owner of the land, and to the owner of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership.
(C) The notice of intention shall be in substantially the following form:

LAND OWNER

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE

VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
(Name and address of owner of the land)
As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned, pursuant to § 7-4-804 of the Laguna Niguel Municipal Code, has determined that there exists upon said land an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof (hereinafter "vehicle"), registered to ___________, license number _______, which constitutes a public nuisance pursuant to the provisions of § 7-4-800 of said Municipal Code.

You are hereby notified to abate said nuisance by the removal of said vehicle or parts thereof, within ten days of the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the city, with administrative costs assessed to you as owner of the land on which said vehicle is located. Upon removal, said vehicle(s) shall not be reconstructed or made operable unless it qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to the California Vehicle Code § 5004.

As owner of the land on which said vehicle is located, you are hereby notified that you may, within ten days after the mailing of this notice of intention, request a public hearing; and if such a request is not received by the chief of police within such ten-day period the chief of police shall have the authority to abate and remove said vehicle as a public nuisance and assess the cost as aforesaid without a public hearing. You may submit a sworn written statement within such ten-day period denying responsibility for the presence of said vehicle on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.

Notice mailed ________.
(date)
/s/ ___________
Chief of Police

VEHICLE OWNER

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE

VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
(Name and address of last registered and/or legal owner of record of vehicle. Notice should be given to both if different.)
As the last registered (and/or legal) owner of record of (description of vehicle— make, model, license, etc.), you are hereby notified that the undersigned, pursuant to § 7-4-804 of the Laguna Niguel Municipal Code, has determined that said vehicle, or parts thereof (hereinafter "vehicle"), exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of § 7-4-800 of said Municipal Code.

You are hereby notified to abate said nuisance by the removal of said vehicle within ten days after the mailing of this notice. You are further notified that you may, within ten days after the mailing of this notice of

intention, request a public hearing; and if such a request is not received by the chief of police within such ten-day period the chief of police shall have the authority to abate and remove said vehicle without a hearing. Upon removal said vehicle(s) shall not be reconstructed or made operable unless it qualifies for either horseless carriage license plates or historical vehicle license.

Notice mailed ________.
(date)
/s/ ___________
Chief of Police
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-809 Hearing prior to removal.
(A) Upon request by the owner of the vehicle or owner of the land received by the chief of police within ten days after the mailing of the notices of the intention to abate and remove pursuant to this subchapter, a public hearing shall be held by the chief of police or their designee on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administration cost and the costs of removal of the vehicle or parts thereof against the property on which it is located.
(B) If the owner of the land submits a sworn written st atement denying responsibility for the presence of the vehicle on their land within such ten-day period, the statement shall be construed as a request for a hearing, which does not require his presence. Notice of the hearing shall be mailed, by registered or certified mail, at least ten days before the hearing, to the owner of the land, and to the owner of the vehicle, if known. If such a request for hearing is not received within ten days after mailing of the notice of intention to abate and remove, the chief of police shall have the authority to abate and remove the vehicle as a public nuisance without holding a public hearing.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-810 Procedure for hearings and orders.
(A) All hearings under this subchapter shall be held before the chief of police or their designee, who shall hear all facts and testimony they deem pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private or public property.

The chief of police or their designee shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with their reasons for such denial.
(B) The chief of police or their design ee may impose such conditions and take such other action as they deem appropriate under the circumstances to carry out the purpose of this subchapter. They may delay the time for removal of the vehicle or parts thereof if, in their opinion, the circumstances justify it. At the conclusion of the public hearing, they may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property and order the vehicle or parts thereof removed from the property as a public nuisance and disposed of as provided in this subchapter and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available. Such order shall be in writing. (C) If it is determined at the hearing that the vehicle wa s placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the chief of police or their designee

shall not assess the cost of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land. (D) If the owner of the land submits a sworn written st atement denying responsibility for the presence of the vehicle on their land but does not appear, they shall be notified by registered or certified mail of the decision. If the owner of the vehicle requested the hearing, but does not appear, they shall be notified by registered or certified mail of the decision.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-811 Appeals.
(A) The owner of the land or the owner of the vehicle who requested a public hearing by the chief of police pursuant to this subchapter may appeal the decision of the chief of police by filing a written notice of appeal with the chief of police within five days after the decision of the chief of police. (B) Such appeal shall be heard by the city council, which may affirm, amend or reverse the order or take other action deemed appropriate.
(C) The city clerk shall give written notice of the ti me and place of the hearing to the appellant and those persons specified in § 7-4-808.
(D) In conducting the hearing, the city council shall not be limited by the technical rules of evidence. The decision of the city council shall be final.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-812 Disposition of vehicle after order or appeal.

Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance pursuant to this subchapter, or five days from the date of mailing the notice of the decision if such notice is required by § 7- 4-810, or 15 days after such action of the city council authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler's yard, subject to the provisions of § 7-4-808 relating to horseless carriages or historic vehicles. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-813 Notice to state department of motor vehicles.

Within five days after the date of removal of a vehicle or parts thereof pursuant to this subchapter, notice shall be given to the California department of motor vehicles identifying the vehicle or parts thereof removed. At the same time, there shall be transmitted to the department of motor vehicles any evidence of registration available, including but not limited to registration cards, certificates of ownership or license plates. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-814 Assessment of costs of removal.

If the administrative costs and the cost of removal which are charged against the owner of the parcel of land pursuant to § 7-4-806 are not paid within 30 days of the date of the order or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land and collected pursuant to California Government Code § 25845.

(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-815—7-4-899 Reserved.

SUBCHAPTER 9. TEMPORARY STREET CLOSURE
§ 7-4-900 Generally.
(A) Permit required.
(1) Except as otherwise provided by law, it shall be unlawful, to close any public street unless a street closing permit therefor has been issued in accordance with the provisions of this subchapter. (2) The director of public works may issue a street closing permit subject to the provisions of this subchapter and subject to such terms and conditions as are determined by the director to be necessary and proper for the protection of the public health, safety and welfare. (3) Street closing permits sha ll only be issued to adults. (B) Fire lanes. Any street closed pursuant to the provisions of this subchapter shall at all times have a 15-foot wide emergency vehicle lane which lane shall extend throughout the closed area of the street and beyond to the next intersection in both directions. Said lane, shall be at all times kept clear of all obstructions to provide emergency vehicular access.
(C) Fire hydrants. No obstruction shall be erected or maintained within a 15-foot wide radius of any fire hydrant. (D) Time limits. No street closing permit shall be issued for any duration longer than one calendar day, nor for any time before 8:00 a.m. or after 12:00 a.m. (midnight). (E) Closure limits. No street closing permit shall be issued which allows the closure of an intersection, the closure of any street for more than 600 feet measured along the centerline of the street, or the closure of 300 feet on a cul-de-sac or dead end.
(F) Number. No more than five temporary street closures will be permitted on the same calendar day in any fire station initial response area. Applications therefor will be considered on a chronological (first come first served) basis.
(G) Department. Any event for which a street closing permit has been issued shall be conducted in such a manner so as not to unduly disturb the public peace.
(H) Alcoholic beverages. At no event for which a street closing permit has been issued shall there be permitted the sale of alcoholic beverages. In addition the consumption thereof by any minor is not permitted. (I) Cleanup. Any person or persons issued a street closing permit shall, at the conclusion of the event for which such permit was issued, return all public properties to their original condition. (J) Street barricades. Any person or persons issued a street closing permit shall personally pick up from the public works department and return to the department all street barricades necessary for the event and the street closure. Any such person shall place, remove and maintain the street barricades in their proper position during the approved time for the street closure and notify city Police Services and the County Fire Authority as to the exact time of the placement and removal of the street barricades. (K) Additional requirements. Notwithstanding any other provision of this subchapter, the chief of police and/or the fire chief or their delegates may impose, as to the issuance of a street closure permit, such additional conditions or requirements as each may deem reasonably necessary for the protection of health and safety.

(L) Interference with event. No person shall join or participate in any event for which a street closing permit has been issued without the express or implied consent of the permittee, nor shall any person interfere with its orderly conduct.
(M) Noise. The event and participants shall at all times comply with the provisions contained in §§ 6-6-1 through 6-6-15 which pertain to the abatement of noise.
(N) Revocation or suspension. Any street closing permit may be immediately suspended or revoked by the director of public works if they determine that there has been a failure to comply with the terms and conditions of the issued street closing permit or the provisions of this subchapter. Upon suspension or revocation of the permit, the person receiving the permit shall immediately remove the street barricades, and if that person fails to remove them, they may be removed by the public works department. (Ord. 96-91, § 1, passed 4-16-96)
§ 7-4-901 Application procedure.
(A) Applications.
(1) Every application for a street closing permit sha ll be made in writing upon such forms as shall be designed and promulgated by the department of public works. (2) Every application for a street closing permit shall be filed with the city not less than 30 days nor more than 90 days prior to the date of the event.
(3) All applications for a street closing permit shall include:
(a) The names, addresses and signatures of the app licant or applicants, or, if the applicant is an organization, the names, addresses and signatures of its responsible officer(s); (b) The exact location of the proposed street closure and the date and times therefor; (c) The names, addresses and written consent of all owners or property abutting the affected street; and
(d) A description of the nature of the event, the estimated number of participants, and the nature of entertainment at the event, if any.
(B) Deposit. As a condition of issuance of any street closing permit, a refundable deposit may be required by the public works department to ensure cleanup and repair of public property after the conclusion of the event for which the street has been closed or for other purposes, such as insuring the return of the barricades in good condition.
(C) Damages; insurance.
(1) Any person or persons to whom a street closing permit has been issued shall be liable for any loss or damage to any city property arising out of the issuance or exercise of said permit. (2) As a condition to the issuance of any street cl osing permit, the permittee or permittees may be required by the public works department to provide insurance to indemnify and defend the city and its officers and employees from any and all personal injuries and property damages, including costs of litigation, arising out of the issuance and use of such permit. (D) Permit processing.
(1) Upon receipt of any street closing permit application, the public works director, prior to their issuing a permit, shall forward the application to police services and the County Fire Authority for their review and approval.

(2) The director of public works shall issue a street closing permit upon his finding of the following:
(a) That the proposed activity or us e of the street will not unreasonably interfere with traffic circulation in the area;
(b) That the proposed activity and use will not be detrimental to the public health, welfare, safety and recreation; and
(c) That the proposed activity or use will not en tail extraordinary or burdensome expense to the emergency services of the city.
(E) Appeal.
(1) The decision to grant or deny any application for a street closing permit may be appealed to the traffic commission for consideration at its next regularly scheduled meeting. (2) The decision of the traffic commission may be appealed to the city council for consideration at its next regularly scheduled meeting.
(3) Any permit under appeal shall be considered denied , if there is insufficient time to complete the appeal process.
(Ord. 96-91, § 1, passed 4-16-96)
§ 7-4-902 Enforcement of street closure.

No person shall stop, stand or park a vehicle either upon any portion of roadway temporarily closed pursuant to this subchapter, nor adjacent to either side of any barricade erected therefor; provided, however, that the provisions of this subchapter shall not apply to the loading or unloading of material. (Ord. 96-91, § 1, passed 4-16-96)
Chapter 5 FLOOD CONTROL AND DRAINAGE
Subchapter 1. Protection of District Property, § 7-5-1

SUBCHAPTER 1. PROTECTION OF DISTRICT PROPERTY
Sec. 7-5-1. Alteration or obstruction of drainage works or ditches. (A) Districts under 1903 act. It shall be unlawful for any person, without permission or authority from the board of directors of any drainage district in the county organized under an act of the legislature of this state entitled "An act to provide for the organization and government of drainage districts, for the drainage of agricultural lands other than swamp and overflowed lands, and to provide for the acquisition or construction thereby of works for the drainage of the lands embraced within such districts" and approved March 20, 1903, and acts amendatory thereof, to dig in, upon or through any of the works of any such district, or impair, remove or obstruct any of such works or any ditch, pipe, aqueduct or bridge constituting a part of any such works, whereby the efficiency of such works may be impaired or endangered and the drainage of the lands of such district or a portion thereof be prevented, impeded, retarded or endangered, or the overflow of such lands or a portion thereof from the works so injured, impaired or obstructed be caused or endangered.

(B) Districts under 1907 act. It shall be unlawful for any person, without permission or authority from the board of directors of any protection district in the county organized under an act of the legislature of this state entitled "An act providing for the organization and government of districts for the protection of the lands of farming or other communities or neighborhoods within this state from overflow or damage from the waters of any unnavigable stream, watercourse, canyon or wash extending by, through or over such communities or neighborhoods, and to provide for the acquisition of lands, rights-of-way and other property by purchase, gift or condemnation, and for extending, straightening, locating, improving and maintaining the channels of such streams, watercourses, canyons or washes, and confining said waters in such channels and preventing the overflow thereof, and for the construction by such districts of the necessary works for said purposes," and approved February 23, 1907, and acts amendatory thereof, to dig in, into, upon or through any of the works of any such districts or impair or remove any part of the levee or banks or beds of any channel or obstruct any channel constituting a part of such works whereby the strength, sufficiency or efficiency of such works or of such levee, bank or channel may be impaired or endangered, and the protection of the lands of farming or other communities or neighborhoods within such protection districts from overflow or damage be prevented or endangered.
(Ord. 90-11, § 6, passed 3-6-90)