CHAPTER 1
HIGHWAY PERMIT ORDINANCE
Sections:
§ 7100 Adoption of Highway Permit Ordinance.
§ 7101 Amendments to Highway Permit Ordinance.
§ 7102 Protection of Hazardous Excavations in Public Streets, Ways and Places.
§ 7102.1 Compliance with Safety Orders.
§ 7102.2 Protection of Excavation.
§ 7102.3 Nature of Protection.
§ 7102.4 Protection – When to be Provided.
§ 7104 Amendments to Highway Permit Ordinance.
§ 7105 Engineering Services Relating to Construction Permits Under the Highway Permit Ordinance.
7100 Adoption of Highway Permit Ordinance.
The Highway Permit Ordinance, being Ordinance No. 3597 of the County of Los Angeles, as amended and in effect on December 7, 1979, except as hereinafter provided is hereby adopted as the Highway Permit Ordinance of the City of Carson.
Three (3) copies of said Ordinance No. 3597 of the County of Los Angeles, California, as amended, have been deposited with the office of the City Clerk of the City of Carson and shall be at all times maintained by said Clerk for use and examination by the public. (Ord. 2, § 7100; Ord. 29, § 7; Ord. 80-510, § 1)
7101 Amendments to Highway Permit Ordinance.
Notwithstanding the provisions of CMC 7100 and the provisions of said Highway Permit Ordinance adopted thereby, said Highway Permit Ordinance is amended as follows:
1. Insofar as said Highway Permit Ordinance is inconsistent with the provisions of CMC 7102, CMC 7102 shall control and be applicable.
(Ord. 33, § 7101)
7102 Protection of Hazardous Excavations in Public Streets, Ways and Places.
(Ord. 33, § 7102)
7102.1 Compliance with Safety Orders.
Every person who digs, excavates or constructs any opening, ditch, trench, or other excavation in any public street, way or place in the City of Carson, shall comply with the Safety Orders issued by the California State Division of Industrial Safety, which are hereby found, determined and ordained to be necessary for the protection of pedestrians and other persons, particularly children, using or properly in or upon such public streets, ways or places, or in the immediate vicinity thereof. (Ord. 33, § 7102.1)
7102.2 Protection of Excavation.
Every person who digs, excavates or constructs any opening, ditch, trench or other excavation in any public street, way or place in the City of Carson which exceeds a depth of six (6) feet, shall protect such opening, ditch, trench or other excavation by a fence, cover or patrol as hereinafter provided. (Ord. 33, § 7102.2)
7102.3 Nature of Protection.
Such fence shall consist of boards or planks not less than one (1) inch in nominal thickness fitted closely together, or chain link with openings not to exceed two (2) inches in diameter or equivalent, shall be not less than five (5) feet in height and shall be securely mounted on wooden posts not less than four (4) inches by four (4) inches in size, or on steel pipe not less than one and one-half (1-1/2) inches in diameter, securely embedded in the ground or surface of such public street, way or place, or securely mounted on shoring constructed in said opening, ditch, trench or other excavation, in such manner as to exclude entry of a person into said opening, ditch, trench or other excavation, under or through such fence. Any cover shall be sufficient to exclude entry of persons into said opening, ditch, trench, or excavation to the satisfaction of the street superintendent. Such patrol shall consist of not less than one (1) uniformed patrolman or watchman on foot for each length of continuous excavation not to exceed eight hundred (800) feet in length; provided, that if visibility is reduced by obstruction or otherwise, additional patrolmen or watchmen shall be required in order that the entire length of such excavation is under visual observation. If such opening, ditch, trench or other excavation shall be in separated segments, parts or units otherwise divided, each such segment, part or unit shall constitute a separate opening, ditch, trench or other excavation for the purposes of this Section 7102. (Ord. 33, § 7102.3)
7102.4 Protection – When to be Provided.
Such protection shall be provided at all times while work is not actually in progress in such opening, ditch, trench or other excavation, or workmen are not on the excavation site for the furtherance of such work, except that if a patrolman or watchman shall be provided pursuant to CMC 7102.3, such patrolman or watchman need not be on duty between 10:00 p.m. and 7:00 a.m. (Ord. 33, § 7102.4)
7102.5 Penalties.
Every person who excavates, digs or otherwise creates any such opening, ditch, trench or other excavation, or who causes the same to be excavated, dug or otherwise created, or who is in charge of such excavation, digging or other creation thereof, and who fails to comply with any applicable provisions of this CMC 7102 or who violates any term or provision thereof, is guilty of a misdemeanor, and is guilty of a separate offense for each and every day during any part of which any such violation occurs. (Ord. 33, § 7102.5)
7103 Transfer of Duties Relating to Construction Permits, Inspections and Administration to Director of Public Works.
Notwithstanding the provisions of CMC 7100 and the provisions of said Highway Permit Ordinance adopted thereby: All powers, duties and responsibilities of the Road Commissioner of the County of Los Angeles with respect to permits, inspections, work, administration or otherwise relating to construction in City streets (as more particularly set forth and specified in Section 100(d) of said Highway Permit Ordinance), are hereby transferred to and vested in the Director of Public Works of the City of Carson. “Commissioner” or “Road Commissioner of the County of Los Angeles” shall mean the Director of Public Works of the City of Carson in all cases where such officer’s title is used in said Highway Permit Ordinance in connection with such construction. “Road Department” shall mean the Public Works Department of the City of Carson in all cases where such term is used in said Highway Permit Ordinance in connection with such construction. (Ord. 72-246, § 2)
7104 Amendments to Highway Permit Ordinance.
Notwithstanding the provisions of CMC 7100 and the provisions of said Highway Permit Ordinance adopted thereby, said Highway Permit Ordinance is amended by adding, repealing or amending sections thereof as follows:
(a) Section 143 is added to read:
SECTION 143. The commissioner may restrict the use of, or close any county highway whenever he considers such closing or restriction of use necessary:
(a) For the protection of the public.
(b) For the protection of such County highway from damage during storms.
(c) During construction, improvement or maintenance operations thereon.
(b) Section 304 is amended to read:
SECTION 304. The issuance fee shall be established by order of the Board of Supervisors. The fee shall not exceed the amount determined by the Board of Supervisors to be sufficient to defray the cost of handling by the County. In the absence of any such order, the issuance fee shall be $10.00 for construction permits and $1.00 for other permits.
(c) Section 308 is amended to read:
SECTION 308. The Commissioner may charge for any engineering or inspection on permits for the construction of curbs, gutters, walks and highway surfaces except when such permit is for a resident property owner in connection with said improvements at his single family residence.
(d) Section 313 is amended to read:
SECTION 313. The Commissioner’s costs of repairing and restoring the highway surface may be charged to permittee on the square-foot-thickness method or on an actual cost basis.
Under the square-foot-thickness method, the charge shall be computed as follows: The square feet of surface repaired, multiplied by the number of inches of depth plus one (1) inch, multiplied by the rate set by order of the Board of Supervisors. In the absence of such an order, the rate shall be $0.15 and the cost in any case shall be presumed to be not less than $10.00.
(e) Section 316 is added to read:
SECTION 316. Whenever a permittee fails to comply with the conditions established for the exercise of a privilege granted under a permit, the Commissioner may revoke the privilege. Upon such revocation, the permittee shall immediately restore the highway to the Commissioner’s satisfaction. If the permittee fails to do so, the Commissioner may restore the highway at the expense of the permittee or charge the permittee a fee of $100.00 a day for each day of failure to restore the highway.
(f) Section 706 is amended to read:
SECTION 706. The width of an individual driveway shall be considered as being the net width thereof, exclusive of side slopes and returns, measured along the line of the curb or center line of the highway. The width of an individual driveway shall be not less than ten (10) feet and shall not exceed in width:
(a) Twenty (20) feet if the driveway serves only residences or apartments.
(b) Twenty (20) feet for lots or parcels of land less than one hundred (100) feet wide.
(c) Thirty (30) feet or twenty (20) percent of the frontage of the lot or parcel of land, whichever is greater, but not to exceed forty (40) feet, when the driveway serves other than residences or apartments on a lot or parcel of land not less than one hundred (100) feet wide. An exception may be granted by the Commissioner in the case of a two-way driveway which has a barrier curb separation on private property in which case the apron may be sixty (60) feet in width.
(g) Section 707 is amended to read:
SECTION 707. The maximum number of driveways serving a single lot or parcel of land from any one (1) highway shall not exceed two (2) for a frontage of two hundred (200) feet or less. In the event a single lot or parcel of land has a highway frontage exceeding two hundred (200) feet, an additional driveway may be allowed for each additional one hundred (100) feet of frontage.
(Ord. 72-246, § 3)
7105 Engineering Services Relating to Construction Permits Under the Highway Permit Ordinance.
In the event the permittee cannot obtain an engineering firm to do the desired work with respect to the proposed construction, the Public Works Department may provide such services. To guarantee payment of costs incurred by the Department in performing such work, the permittee shall deposit with the Director of Public Works an amount estimated by the Director to equal the projected costs. In the event the amount deposited is insufficient to pay for work performed by the Department, the Director shall bill the permittee in accordance with Section 501 of said Highway Permit Ordinance. If the amount of deposit exceeds the cost of such services, the excess will be refunded to permittee. (Ord. 72-246, § 4; Ord. 82-625, § 1)
7106 Repealed.
Repealed by Ord. 82-625.
7107 Repealed.
Repealed by Ord. 82-625.